New-York tribune., 1901-01-09
fBr TELEGRAPH TO THE rRIBUSr.1

COnSIlIuTlonalltT hA
r-overnment's colonial policy was opened this
.,,srnoon in the Supreme Court Of the United
e..tss in the presence of a distinguished audi
.-,s and with a notable array of legal talent
yearly all Of the remaining causes in which it
= sought 70 convict the Government Of straying
s-,ro the ancient landmarks by refusing TO sub
.-sbe 10 the Democratic -Populistic doctrine that
che Constitution follows the flag ex proprio
.igore" have been consolidated by order of the
cour-. and have been dealt with virtually as
,,s case in brief submitted by Solicitor-Gen-
-sl Richards. which was prepared Jointly by
,,,, and Attorney-General Griggs. The titles
- the cases are respectively: Elias s A De
lima et al. plaintiffs in error. agt. George R.
u,sz-ell- Samuel B Downes ct al. plaintiffs in
s-ror. agt- George R. Bdwell; Henry W. Dooley
q a. plaintiffs in error, agt. the United States:
carlos Armstrong. appellant. agt. the United
e.o.es and George W. Crcssnan ct al, appel
,snts agt the United States.
The causes were set for hearing yesterday but
f was not until $40 o'clock this afternoon that
they were reached on the docket owing 70 the
fact that much more of the courts time than
was expected was consumed in the trial of an
,r,uortanr railroad commission suit from Ken
,ucky. AT the close OF the argument in the
ysutucky case Oh. Justice Fuller called NO.
ls Elias s. A. de Lima ct al, plaintiffs in
s-or. VS. George R. Bidwell" This was the
signal FOR an unusual shutting OF feet on the
soft carpeted floor, and a clearing OF throats.
The black robed Justices Strengthened up in
their chairs and leaned forward to catch the
first words uttered by Frederic R. Coudert, jr..
sfNew-York. trim. smooth faced. clear eyed and
ouick Of speech. Mr.. Coudert is the leading
attorney in one OF the cases, and by agreement
among the counsel he was selected to open the
argument against the Government. Twelve
hours or three full days Of the courts time
have been allotted for argument-six hours 10
each side Ex-Secretary John G. Carlisle will
close the case against the Government in a
speech Of two hours on Friday afternoon. At
tu-ney-General Griggs will close the case for
the Government in speech Of similar length
on Friday also Mr. Coudert has an hour and
ten minutes Of the time allotted 70 him by
agreement, and when he concludes his argu-
rent tomorrow he will be followed by John
c. Clancy and AIphonso Hart. Of Washington,
IN speeches OF one hour each for the plaintiffs.
Then solicitor-GeneraI Richards. in profile a
replica Of William Jennings Bryan-and in voice
and gesture, too-win follow for the Govern
nent and speak four hours Mr. Richards's
h-sf is less voluminous by nearly two hundred
pages than was that OF Attorney-GeneraI Griggs
y
Gso-those Of Goetze and Pepke.
R GRIGGs HAS NEW POINTS TO MAKE.
Gttorney-General Griggs explained 20 q Trib-
me correspondent that. as he already had
soken five hours in the Goetze and Pepke cases
which involve all the material principles at
Eske in the cases now az bar. he would not
consider il necessary 10 speak again. il il were
sot that he wishes 70 supplement his first argu-
be did not have time TO develop before The
Attorney-General did not say 80, but il is under
STOOD thar ne viii devote the major portion of
hs supplemental argument 10 thorough expo
suon Of the bearing Of the Thirteenth Amend
msnt 70 the Constitution on the Governments
sde Of The present contention. Thus far not one
Of The lawyers who have spoken against the
Government has referred 10 the Thirteenth
Amendment. which follows:
Neither slavery nor involuntary servitude. ex-
cept as punishment for crime, whereof the
party shall have been duly convicted. shall ex-
Et within the United States or any place sub
3ect 70 their jurisdiction.
Sec 2. Congress shall have power to enforce
nis article By appropriate legislation
The clause in the foregoing amendment "or
any place subject 70 their jurisdiction" Is the
feature or which it is said the Attorney General
VII hinge new and powerful argument in jus
second
section, providing that Congress shall have
power 70 enforce this article by appropriate
legislation" will be used especially TO sustain
ne action Of Congress in legislating for Porto
Rico under the provisions Of the Paris Treaty.
Is held thar the clause in the Paris Treaty
uoviding that he civil rights and political
sALus Of the Inhabitants Of the territory ceded
y Spain shall be determined by Congress is on
81 1oors with the letter and spirit OF the Thir-
teenth Amendment. particularly In the latters
eslsrence 10 any place subject TO their UNITED
elstesD jurisdiction" The clause quoted is IN
e'pleteo Dy the Government as indicating plain
. taat when the Constitution was last being
snended the people very well understood that
Nc -e Nation might own territory. either conter-
ss.nuOs or outlying, 70 which the Constitution
~ hot extend prOprio vigore- It is in perfect
s.Sc9ra with the spirit Of this clause II is con-
ENDED, that the Government at present is deal
..e With Porto Rico and other outlying terri
ssoig oelonging to the United States. which is
csueJect 10 their jurisdiction" Whether Mr..
-alllsle who is expected 10 make the great
--gSsecn against the Government. viii ignore the
ssnrteenth Amendment, all his colleagues have
,se .Ie OF viii try TO reconcile II TO his conten-
GoD IS not known. The fact, however, that he
Hlf follow the Attorney General and that the
stler VIII probably present the Thirteenth
cH-nsnornent as irrefutable proof of the entire
Sa use NJ. Carlisle 20 exercise TO the utmost
ami MS ingenuity as fine legal hairsplitter.
Mr. CoUDERTs ARGUMENT
The main point Of Mr. Coudert's argument
"s afternoon that a treaty could not
1snsoend the Constitution. and that a treatys
ee1Ve status is that Of statute law Con-
'enoing that the Paris Treaty does transcend
e Constitution, he argued that the acts Of
ongress in carrying out certain features Of
aus convention were unconstitutional. Pursu-
tnis line Of reasoning. Mr.. Coudert said II
-Ao been sought 10 make distinction between
ssnized territory and unorganized territory.
:, 'a tne idea that the power Of Congress over
e latter is more despotic absolute than
@ territory TO which some governmental or
eaalzafion has heen aiven ,fWhafeuer rirht