Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-12
CARLISLE ON THE
CONSTITUTION.
,,.. President Has Exercised the
Dave, Of Assessing Duties
STATUS OF TERRITORIES
..,,,O,,su TO be Construed as I"
'' ,1'a,. :. International Law ooui0
g, Govern Agent OF This GOVT

r.,.s,r,,on. Jan. li-Attorney-uen'
l e',gg. resumed his argument be.
20 m' United states Supreme eour'
~ ~ '' ,oo,lpulng his statement Of the
'4 ',',., n me government as to 'n'
y. ~ Uniformity in tariff and internal
g g ''- John c. Carlisle. chief attorney
.se rlslbtas. followed Mr.. drigss
H. bqgsn BY saying that he would not
mans. questions Of policy, as they De-
s',,s5 10 another forum The ques'
~. were TO be settled only on the
,,,rs,,,o,on. He said he had as yet
On unable to form an opinion as 70
i ~ avao, contention Of the government
r., however he believed the conIeh-
IN WAS that the island Of Porto Rico
A NOT become a part Of the United
Inca either in the signing Of the
~for1l on the ratification Of the treaty
Paris. that there was a condllloh eA-
hing which placed the ISLANDS uhlel !.
General protection and jurisdiction
Il me United states, subject 20 certain
mutations tina. during a period ue-
In the acquisition Of the territory
~ the passage of laws by Congress
"A STAND might De governed by lne
II s.ien, subject 10 laws OF war, ana
NE island did not become a part
tbe United states until admitted by
ngrass and until such time as Con-
,F may legislate for the island
on this Ii Is argued he said that not
ug @ part Of the United states, Coh-
~ has q right 70 say what taxes
nay b. levied and collected,
Nh Carlisle first took up the condi-
Mons which led To the taking Of The
lsand and rad from proclamations OF
Csns Miles and Olson 10 show that the
oecupaton was meant 10 be permanent
ne cess.on o. the island by Spain. he
MD was complete and had been ac-
MOWledged by all nations.
Justice White asked II the President
might acquire territory without the
consent Of he treaty-making power
bnt Mr. Carlisle said he was arguing
.hat peace obtained after the signing
n the protocol. That there was then
d war and that the President could
ply create a de fact0 government and
Haye It governed While the ConsuJu-
! ol imposed he duty ur0n Congress
i regulating commerce, yet since the
sgning Of he pea,e pI0yO,0l the Presi-
hnt be said, has exercised the powers
assessing duties and carrying out all
p duties Of Congress
Mr. Carlisle said The real question
'as not whether the Constitution ex-
tnded to the inhabitants Of Porto
lco, but whether II extends over the
'cngress, the President and the cabi-
r. The contention is that the Consti-
lton protects every person In the land
his personal and property rights OF
p citizen When O government takes
ON one man more than Il should. il
not taxation, but Is taking his prop
fiy without due process Of law and
iy.ng him no compensation for Il.
Up ne point that the Territories
ERE not a part Of the United States
T. Carlisle read a history NJ the franz
e Of the Constitution showing that
~ it was the intention that "all acts
nl treaties should be the supreme
vs. OF The land This was before the
ord constitution had been intro
lced. and he took q 10 mean that II
as The intention 10 have the Constltu.
on apply 70 all parts Of the country
neither IN the States or simply in ter
tory belonging 10 them.
Alr carlisle argued that the Constltu-
on must be Interpreted as whole
"a must enable the government 10 ac.
lmplish all the purposes for which a.
.a' framed. Il must be considered as
| eh'lFely TO which an the agents of
y government must look. Tor power
',eInalional law, be said could not
'e,h any agent " this government
y me court could look 10 Il for defn'
= what the Constitution means There
qua De two constitutions he said I'm
4 Interpretation Of the counsel ON the
W. side' one for the States and de-
--.ns the powers and caring for the
sl, , OF citizens and the other for tbe
, .,,',,lgs' ewing no rights Upon the
'Hsu.ullon there had been Constructed
!, .pIgghehslVe system Of laws gov.
wy all the States and TerrltoIies
u. y, uom me first Congress has mado
I'm laws for tariff between stst1s
j, territories. as we'll as extradltIor
I,.sl.'y ana naturalization laws ON
.., .4.lef point be said that In the in
'e.auon of The government thor.
.,,.. '' y. courts outside the United
u Territory granting citizen
~ me United States 10 a resident
a i've years inhabiarlon Of a Terri
'l nsll.e ne United States
..,N Darlisle undertook M ~. -
, ul,.o' and Indirect taxes had been
S Spyu states ana Territories alIke
!, T Tes mad been laid upon imno~ts
|. .ts'IlloI'es as We'll as states Tn
d, Ts-, g,.nlention Of the government
M ,ss..u'o'fles We're not part Of the
.,i, .,ates. i might be taken that
~ could 90 free from Porto Pi,o 'S ~
(. "a, "a, 0ul This was not The rose ,o ~
'on a T, uu.'es are charged on goods
ho,, ,IIi'tory going 10 Porto picn
Local - e,ale That the tax levied 10
,nlr,,,.d,H was denied. but II WAS do.
N, " S Tor local purposes 10 We
,r,o p ji,i'-ie read the portions Of the
igty zen s5 tCt establishing the rates
llsr,ss 'l'l Imposition OF the monevs
g, ,,e. az a basis for HIS c5 ,,,Tps,s
! N,. and said the court wo 'vii
49, on all goods from Tho tr,t,aS
ma ~ Forto Rico there sbotld bs
e8s Xxx. hsI cent o. duties ON fore,en
mo Ill.," ine internal revenue nj
ro bI added and that goods tom ~
y, a. .''eo 90 me United Stat1"' . loin
IA, MIX yment % u per cent on c r,,s'
ben ,be , email revenue only added
st,r N.Y. goods are of Porto RiSo % r'a,
a rs,.'h'l e goods from Other r ,'r
Venue NAV s me c.,.. Porto Rico internal
M ,, eny Internal revenue ,ov ou"uy
+, an lr-1o no added that this &c
M up5r'' 9uty We object 10 ~
Il, N"lfF which an q" tur
rivsl y, hoods nods and held them M ,'i ,,air
en- tribute ~ ,'o meo until we paid
Al impoy, 20 NE form Of q tax
? RON 4 $50, y, something. he said. com.
mot he a Ign country. Porto Rico
1lts soma s ,,Ielgn country. for Its
'"''''' not an import a't t uGSy hui t9 sT