The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-10
SAYS PORTO RICO
IS FOREIGN LAND
McKinley's Solicitor General
Thus Argues.
FORCED TO STAND BY
QUERY FROM BENCH
COudert and Others Take OPP
pOsite View.

Washington, Jan e.-Solicitor General
Richards. speaking for the government
in the Porto Rico cases before the su-
preme court today. declared the island
is still a foreign -Iand-
Mr. Richards was arguing that newly
acquired territory becomes mot part,
but poss ession of the United States
territory belonging to the United
States" and he went on to say:
Its disposition and government rests
upon the constitution. with the treaty
making power and with congress.
Then, does such territory fall within
the provision which requires duties to
be assessed upon foods arriving from
foreign country asked Justice Brown
Before Mr.. Richards could reply the
justice put the question in d different
shape, saying:
Does it not cease to be a foreign
country"
Still a Foreign Land.
To this query Mr.[Richards answered.:
4 think not; not within the meaning
of the customs law. The Dingley law
treated as foreign all territory outside
of the limits of the United States leav-
ing the states md territories then ere
ated for custom purposes as the United
States, and that condition remained
until congress may see fit to change it
Upon the reCOnvening Of court +. r.
COudeTt resumed his argument, cOntin-
Uing his contention that Porto Rico is
not a foreign territory, and hence it is
not competent for government authOri-
ties to levy and collect duties upon
articles imported from Porto Rico to
New York.
Before taking up the thread of his ar
gument, Mr.. C0Udert undertook to re-
sDOnd to a question propUuHded to him
yesterday by Justice Brown, whether
country can cease to be a foreign coun-
try and yet not be a part Of the United
Sta tes-whether there is an interme-
date condition. Mr.. COudert expressed
the opinion that such condition might
exist temporarily, and he added that
the supreme court had recognized it in
dealing with TampicO in the case of
Fleming VS.. Page. and in dealing with
California in the case Of Cross vs.. Har-
riSon, before the acquisition of Cali
fOrnia by the United States was COM
pleted Mr.. Coudert cOntended that in
a case of acquisition the dividing line
is passed when a treaty of acquisition
is signed and ratified.
Treaty Ends Foreign Sway.
when we sanction the acquisition by
the ratification of a treaty he said,
I'VE thus signalize our control of and
sovereignty over such territory
This. he asserted, had been done in
the case of Porto Rico, in the treaty of
1898, and by the treaty Porto Rico mad
become as much part OF the United
States as California had become in the
proceedings subsequent TO the war with
Mexico.
Mr.. Coudert then resumed his argu-
ment. taking up the question as to
what part of the constitution applied to
Porto Rico
Before ne concluded Mr.. Coudert was
subjected to a number of questions
from the bench and obtained leave 10
file a supplementary brief, which. it s
presumed. viii contain replies 20 them
Mr. Couderu was followed by Al
phOnso g. Hart, who spoke especially
Of the Armstrong case, IN Wnlcn the
question involved is the collection OF
duties on goods shipped from New York
to Porto Rico. He contended that the
constitution of the United States eX-
tends over every portion of the national
domain. whether state, territory or DIS
trict.
II. w. Ward, counsel for DOOler,
smith & Co, laid special stress upon
the fact that the position of the Porto
Rican law providing for the collection
of duties is separate from other parts
of that law and il is limited in opera
ton in point Of time to March l, lSO2-
Richards Talks for Mckinley.
When Mr.. Ward finished, solicitor
General Richards began the presenta-
ton Of the governments side of the
controversy, giving especial attention
10 the effect Of the ratification Of the
Paris treaty upon the relation OF this
country and Porto Rico He said that
denial of the power which is being ex-
ercised by the president and congress
amounts to saying that coded territory
becomes by the act of ceSsiOn an inte-
gral part of the United States. to
which the constitution of its own force
applies, placing its people, its products
and its ports on an immediate equality
with those of the United States proper
and also extending the constitutional
limitations to sUch countries. If this
was the case. said Mr. Richards, the
treaty making power in acquiring ter
rftory is necessarily limited 10 prOvid-
ing for the mere act of cessiOu-
1T is thus" he said. stripped Of its
proper functions; it cannot treat. it is
lame. impotent. impossible ridiculous
He then made his argument that P0r-
TO Rico is still a foreign land.
Continuing Mr.. Richards cOntended
that the president has not power TO eX-
tend the limits of the United States,
but that the legislative branch of the
may do so upon whatever
terms il may see fit 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 incorpor-
alton into the United States and the
application To them OF those laws
which the constitution requires TO be
uniform throughout the United States.
Mr.. Richards had about half con-
cIuded his argument when the court
adjourned for the day.