Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-10
SOLICITOR GENERAL OPENS
ARGUMENT ON THE PORTO RICAN
CASES.
The Governments Representative
Newly Acquired Territory.

In the United States Supreme Court yes
terday afternoon H. w. Ward, counsel fol
Dooley, Smith & Co., presented the argu.
ment in that case, regarding the collection
Of tariff on Porto Rican products. He 1ol-
lowed closely the line Of argument Laid
down in his brief. Mr.. Ward laid especial
stress upon the fact that the provision OF
the Porto Rican law providing for the col
lection Of duties is separate from othe,
parts of that law, and that it is limited N
operation in point Of time to March /. 1902
He characterized it a makeshift to pro-
vide revenues for the Island of Porto Rico
and said it was not therefore entitled to the
same favorable presumption that it would
otherwise have been. Whatever the motive
Of the provision it was, to his mind, plain
violation of the Constitution, and he pro-
ceeded to show that such was the case
quoting numerous authorities to that end
The Solicitor Generals Argument.
When Mr. Ward finished Solicitor Cen
eral Richards began the presentation of the
governments side of the controversy, CIV
ing especial attention to the effect of the
ratification of the Paris treaty upon the re-
lation of this country and Porto Rico. IN
this connection he said that the denial of
the power which is being exercised by the
President and Congress amounts to say
ing that coded territory becomes by the
act of cession an integral part of the United
States, to which the Constitution of its own
force applies, placing Its people, Its pro-
ducts and its ports immediate equal
ity with ours, and also extending the con
stitutional limitations to such countries.
If this was the case, said Mr.. Richards,
the treatymaking power in acquiring terri
tory is necessarily limited to providing tor
the mere act of cession. 1T is thus he
said, stripped of its proper functions; it
fran is 10 inn, Mt f,,,,n
sible, Ridiculous
Mr.. Richards argued that newly acquired
territory becomes mot part but pos
session of the United States, territory be-
longing TO the United States" and he weat
on to say: Its disposition and government
rest under the Constitution with the treaty
making power and with Congress"
Then does such territory fall within the
provision which requires duties to be as
sesSed upon goods arriving from foreign
country" asked Justice Brown.
Regards 1t as Foreign.
He put his question in a different shape
before Mr.. Richards could reply. Does it
not cease to be foreign country" he then
said. To This query Mr.. Richards answered ::
Il think not, not within the meaning of
the customs law. The Dingley law treated
as foreign all territory outside the limits
of the United States, meaning the states
and territories then created for customs
purposes as the United States, ana that
cond ton remains until Congress may see
fit to change it,"
Continuing Mr.. Richards contended that
the President has not power to extend the
limits Of the United States, but that the
legislative branch of the government may
do so upon whatever terms 1t sees it. In
support Of this proposition he quoted Chief
Justice fancy saying that the United
States may demand the cession of terri
tory condition of peace, and he said
that If this was true the ceded territory
could be taken and held upon the terms
necessary to carry the purpose into effect.
If Chief Justice fancy had been wrong
the President should have sent a commits
sion to Manila In advance of Admiral
Dewey, to ascertain the desrability OF the
Philippines. the solicitor general said de-
risively. He said further that the parties
to the treaty both knew that the location
and condition of the islands acquired by
the war with Spain would not permit their
Incorporation into the United States and
the application to them of those of our
laws which the Constitution requires to be
uniform throughout the United States.
Certainly" he went on, 1.-THE treaty never
intended to make these tropical islands a
part of the United States in the constitu-
t,onal sense and just as certainly did make
them part of the United States in the
international sense"
Mr. Richards had about half concluded
his argument when the court adjourned for
the day.