The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-10
STATUS OF THE ISLANDS
Arguments on the Porto Rican
Cases in the Supreme Court.
Aiphonso Hnrt. Counsel for Gue of
the Plaintiffs. Makes Many strong
f"ints-soiicitOr General Richards
Opens for the Government - The
Constitution and the Flag.

| interest in the arguments in the Port
| Rican cases was as pronounced yesterda
| as it was on Tuesday, for the Suprem
| Court room was again crowded with me
and women eager to hear the discussion
of the constitutionality of the Porto Rica
tariff act. Quite a number of Senator
and Representatives who practice befor
the court occupied seats In the space re
served for members of the bar and lie
! manned during the entire session.
+. X. Coudert, jr., of counsel for d.
DeLima G. Co. and Samuel B. Downes, con
cluded his argument begun late Tuesda!
afternoon. He was followed by Alphons'
Hart, of counsel for Carlos Armstrong
and by Henry NJ. Ward, OF counsel in tn,
two cases of Dooley Smith & Co. TIL,
arguments of the three counsel were prac.
tfcally on the same lines. Late in tn,
afternoon Solicitor General Richards be.
gan the presentation of the Government:
side of the case and spoke until the court
adjourned. He will conclude today and
be followed by the Attorney General. The
closing arguments for the plaintiffs will
be made by ex-Secretary Carlisle. 1t is
not likely that he Will speak before to-
morrow.
In resuming his argument. Mr.. Coudert
answered a length the question pro-
pounded Tuesday by Mr. Justice Brown,
whether a territory acquired by the
United States could remain foreign ter
ritory. He replied in the negative, but
went on TO say that the inhabitants there
of did not necessarily become citizens of
the United States. That was regulated by
express statute of Congress.
For the remainder Of the time occupied
by him. Mr.. Coudert elaborated the prop
osition advanced by him in the opening of
the argument Tuesday. Fe. any evil
that might arise under conditions contend
ed for by counsel the remedy was said to
be in the following words of Washington
which even in these days Of imperialistic
excitement and grand ideas had not be-
come wholly obsolete:
IF, in the opinion Of the people, the
distribution or modification of the con-
stitutionas powers be in any particular
wrong, let it be corrected by an amend
ment in the way in which the Constitu-
ton designates But let there be no
change by usurpation for. though this, in
one instance. may be the instrument of
good, 1t is the customary weapon by
which free governments are destroyed The
precedent must always greatly Overhaul
ance in permanent evil any partial OF
transient benefit which the use can a any
time yield"
Mr.. Harris Argument.
Alphonso Hart followed presenting the
case of Carlos Armstrong an English
subject, resident and doing business in
Porto Rico. Under a statute provided for
such cases, he brought suit in the Court
of Claims to recover duties collected I'M
der the Presidents authority on goods i'm
ported by claimant from Baltimore, Phil
adelphia, and New York The Court of
Claims denied Armstrong; claim. sus-
tanning a demurrer by the Government
that the complaint did not state facts
sufficient to establish a case. Armstrong
appealed to the Supreme Court assign
ing error as follows:
I'm holding that the goods, wares, and
of the appellant were sub
iect to the payment of duty or tax
In holding that the island of Porto
Rico is no part of the United States, and
hat the appellant and his property and
business are not entitled to the protec-
ion of the Constitution of the United
States.
The decision and judgment of the court
ire in violation of the rights of appellant
n this, to wit: That the property and
money of the appellant were taken from
lin without due process of law. and that
he equal protection of the laws was de-
Ned him.
THE order issued by the President as
int Chief of the military
orces requiring the levying and collect /
ng of duties upon appellants property |
~ military officers is unconstitutional /
md void"
Mr.. Hart laid down these propositions /
IS the basis of his argument:
u. The Constitution of the United |
states reaches over every portion of the /
ational domain. whether in the form of
itates, Territories. or districts. because /
his Constitution provides for Territories /
s well as States. BY the protocol and .
'reaty of Peace between this Government |
nd Spain the island of Porto Rico was /
eded to and accepted by the United /
tates. There was an absolute change of I
title and sovereignty. 1t is no longer for
ign territory, but is a part of the Uni
ed States.
"2. Ours is constitutional Government |
Every public officer, whether belonging
o the legislative, executive, or judicial
apartment is subject to a written consu-
ution, and every person, however eX-
tied or humble owes obedience to its pro-
isions and is entitled to its protection.
"3. The President OF the United States
an executive officer only. He had no
light to exercise legislative functions. The
IMPOSITION by executive orders OF Gus
Dms duties on commerce between the
sland of Porto Rico and other parts Of
be United States after the treaty of peace
nd the exchange Of notifications is unau-
horized and void, and the collection OF
UGH duty is without warrant of law.
"a. A government without limitations
'as never intended by the founders of the
alton. They sought TO establish and did
stablish, a constitutional Republic which
furnished a written guarantee Of protec-
ion TO all its inhabitants. The idea that
n one portion of the country the execu-
i've and legislative authority is subject to
and limitations, and that in
mother portion It is without any restric-
ion or limitation-that in one part a re-
ublican government exists and in another
art Of unlimited despotism is repugnant
0 the theory upon which the Government
as founded. Every inhabitant is entitled
D the protection afforded by the Bill of
lights"
scope of the Constitution.
Discussing the contention OF Attorney
eLera1 Grggs in his argument on SINH
IT cases, several weeks ago, that the
OnStllullOn ulu NOT eA pIopIio NlBofe eN-
,nd over the new territory of the United
tates. Mr.. Hart said
Maryland and Virginia were two of
ne original thirteen States. The Con-
-itution of the United States extended
yer them and their inhabitants In 1880
ne District OF Columbia was formed
ut Of territory belonging to Virginia
nd Maryland, and was placed under the
Eclusive control OF Congress. Was the
constitution torn open so as to No longer
over the District. Did the inhabitants
ere cease to lie American citizens?
arc the Guarantees of the Couetitutio,, |