The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-10
ALPHONSO HART SPEAKS
The Paris Treaty Made Porto Rico
American Territory.
HART ATTACKS THE PRESIDENTS ORDER
Had No Right to Impose Duties on Commerce
Between Porto Rico and Other Parts Of
the United States. Richards
For Government
or Government.
(By the Associated Press.)

Washington, Jan. 9.-In the United
States Supreme Court today Mr.. F. r.
Coudert, Jr.. resumed his argument in
the Porto Rican case, continuing his
contention that Porto Rico is not for
eign territory and hence it is incom-
petent for the Government authorities
to levy and collect duties upon arti-
cles imported from Porto Rico TO New
York. Justice Brown yesterday asked
him whether country can cease to be
a foreign country and yet not be part
of the United States-whether there IS
an intermediate condition. Replying
today Mr.. Coudert expressed the opin
ion that such condition might exist
temporarily and he added that the Su-
preme Court had recognized it in deal
ing with Tampico, in the case of Flem-
ing VS.. Page and in dealing with Cali
fornia in the case of Cross VS.. Harri
son before tee acquisition of California
by the United States was completed =
In such cases, he said, there was still
aforeign element to be reckoned with
and our assumption of authority was
military in character. The assumption
COulQ DC OItly LSIIlpOIdIS anu III case vi
the subsequent acquisition of the coun-
try in question civil government must
of necessity supersede the military con
troll On the other hand, if the terrific
ry is not acquired and is not restored,
the foreign sovereign takes control
without any ostentation showing that
all the time it's rights have existed,
though they have been dormant. When,
~
ratification of a treaty we thus signal
ize our control of sovereignty over new
territory Mr.. Coudert followed his
brief quite closely.
Alphonso Tart spoke especially of the
Armstrong ease in which the question
involved is the collection of duty on
goods shipped from New York to Porto
Rico. He cCltended that the Constitu-
tion of the United States extends over
every portion of the national domain,
whether State. Territory or district and
that as Porto Rico was ceded to the
United States by the Paris treaty there
was an absolute change of sovereignty
and of title. He also argued that the
President being an executive officer
only there was no right to impose
duties on commerce between Porto Rico
and 'other parts of the United States"
by executive order after the ratification
of the Paris Treaty. Such an order
was null and void and without authori-
ity of law.
He held that since the ratification of
hte peace treaty our title to Porto Rico
scomplete as our title to Ohio or New
York for there is 70 such thing as di-
vided SoVereignty--half empire and
half republic, half Spanish and halt
America.
H. w. Ward, counsel for Dooley,
Smith and Company, laid especial stress
upon the fact that ire position of the
Porto Rican providing for the col!ec-
ton of duties is separate from other
parts of that law, and that it is limit
ed in operation in point of time to
March 1st, 1902. lie characterized it
as a makeshift anG a plain violation
of the Constitution, and he cited numer-
Gus authorities to sustain his view.
Solicitor General Richards began the
presentation of the Governments side
of the controversy, giving especial at
tention to the effect of the ratification
of the Paris Treaty upon the relation of
this country and Porto Rico. He said
power which is being exercised by the
President and Congress amounts to
saying that the treaty making power
is stripped of its power functions; it
cannot treat. it is lame, impotent. i'm
possible, ridiculous"
Mr.. Richards argued that newly ac-
quired territory becomes mot a part
but a possession of the United States
territory belonging to the United
States. Its disposition and government
rest under The Constitution with the
treaty making power and with Con-
gress.
Then does such territory fall within
he proyisiont which requires duties to
be assessed upon goods arriving from
a foreign country?" asked Justice |
Brown.
He put question in different shape |
before Mr.. Richards could reply. Does |
it not cease to be foreign country"
he then said.
To this query Mr.. Richards answered:
II think not, not within the meaning |
of the custom.
Mr.. Richards contended that the
President has no power to extend the
limits of the United States but that the |
legislative branch of the Government |
may do so uoon whatever terms it sees
fit. He concluded with the statement