The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-08
Contention Made that Porto Rico Is
Part of the Country and Protect
ed by the Constitution.
FIVE CASES CONSOLIDATED
WILL BE CONSIDERED AS ONE BY
THE SUPREME COURT JUSTICES.
Decisions Concerning Land Entries,
Taxation of Railways and Relat-
ing to Fire Insurance.

WASHINGTON, Jan. 7.-Solicitor Gen.
eral Richards, in behalf of the government
to-day filed in the United States Supreme
Court brief in the cases brought by Elias
s. y Delima, Samuel b. Downes, Henry
W. Dooley. Carlos Armstrong and George
w. Crossman against either George r.
Bidyel1, collector of the port OF New York
or tae United States directly, all involving
uuextions Of taxation relations between the
United States and our insular possessions.
The: cases cover the several phases of the
dominion of the United States over the
islands before and after the ratification
OF the Paris treaty Of peace and after legis-
latin by Congress with reference to them.
Tbs feature of the brief is the direct. notice
81 takes OF ex-Pfesident Harrison's address
at Ann Arbor and the response made there
/. TO is behalf of the administration. .ss.ss
Ths DeIims case cofscefns duties c6ifetttd
on sugars imported into New York from
Por5o Rico after ratification of the Paris
peace treaty and before passage of the
Por,O Rican act, the Downes cases duties
on oranges brought from Porto Rico into
New York after the passage of the Porto
Rican act, two DoOIey cases and the Arm
strong case duties on goods imported from
Porto Rico during military occupation and
partly before and partly after the ratifica-
ton of the treaty and also after passage
of the Porto Rican tariff act and the Cross
man case duties on liquors imported from
Horolulu into New York after the passage
of ihe resolution annexing the Hawaiian
islands and before the passage OF the act
providing for their government.
REPLY TO HARRISON.
TIE reference TO ex-President Harrison's
Ann Arbor address. is preceded by a state
NEXT OF the governments position with
reference to the extent to which the Con-
stitution applies to newly-acquired terri
tory. The brief denies the doctrine of
ex proprio vigore and that all the limita-
tions OF the Constitution apply everywhere
throughout the scope OF the authority of
the government, but says: There are linn
itations in the Constitution which do apply
throughout both the States and Territories
organized and unorganized. Because some
limitations apply it does not follow that all
apply. Those which do apply everywhere
both within and without the United States
in its broadest sense it says, "are those
securing the blessings of liberty and JUS
tice to all the people. Tyranny and
oppression cannot constitutionally ex-
ist under the sovereignty of the
Republic. whose founders declared that all
men are entitled TO life, liberty and the
pursuit Of happiness. This is what Mr.
Justice Bradley meant when he said in
Mormon Church VS.. United States OBS u.
3, 14D: Doubtless Congress in legisIat-
ing for the Territories would be subject
TO those fundamental Limitation in favor
OF personal rights, which are formulated
but these limitations would exist rather by
Inference and the general spirit of the ex
animation for which Congress derives all
It's powers than by any express and direct
application OF its provisions
This statement of the governments
standing ground leads it up to the notice
Nh+ch II takes OF ex-President Harrison's
actress. OF this address Solicitor General
f1eharas brief says: In a recent ad-
dress. portion of which. 1 understand.
has been brought To the attention OF the
cotrt' distinguished statesman and law
yet Affects to believe that II the view of
The government is correct Congress could.
without constitutional objection. pass a
Porto Rican act providing for a number
OF shocking things. The government has
ne er asserted and does not believe thar
Congress has the power OF a despot in
Porto Rico The fundamental limitations
In favor Of personal rights which are for
m'llated In the Constitution and its amend
m'nts referred TO by Mr. Justice Bradley.
stand IN the way OF everything suggested
which shocks the moral sense Congress
could not pass any expost facto law or
declare any attainder, or grant any title
OF nobility, or provide for the trial or
punishment Of treason other than in the
way marked out By the Constitution. all
these things being prohibited by direct AMI
applicable provisions.
'If the first ten amendments do not limit.
BY direct application. Congress in Iesislat-
Ing for our new possessions, neither do
they operate within the States which COM
pose the Union. AS this court. speaking
by Chief Justice Waite. said In United
States VS. cruikshank et al coz L. s.. 54f-
sSz1; The first amendment to the Consti-
tusson prohibits Congress from a3ridging
ne right ef the people TO assemble and
10 petition tn. art <cr q. r.1xao ~