New-York tribune., 1901-01-10
SIGNIFICANT INCIDENTS IN
THE SUPREME COURT.
QUESTIONS FROM THE BENCH INDI-
CATE THAT FOUR JUSTICES ARE
AGAINST THE GOVERNMENTS
CONTEMPORARIES
CONTINUED.
IBY TELEGRAPH TO THE TRIBUNE.J
CONTINUED.

pertinent and searching, were asked from the
bench to-day in the progress of the arguments
in the insular test cases in the United States
Supreme Court than have been heard in any
trial in that august tribunal for many year.
The chief questoners Justices Brown,
White Harlan and Brewer. though frequently
Justices Peckham and Shiras put the lawyers
on the rack, and even the usually taciturn JUS
tice Gray hurled a legal nut for the counsel to
crack. Chief Justice Fuller continues his policy
of silence and Justice McKenna, if gov
erned by sense of modesty because he is the
newest member of the court has not yet
through all the clash of great legal minds,
sought special elucdation of any point on which
a contention for against the Governments
colonial policy is based. The youngest attor-
neys engaged in the fight stood the brunt of
to-day's voley Of questions from the learned
Justices Both Frederic r. Coudert, jr., and
Solicitor General Richards were under an al
most continuous fire of questions from the
bench while they were presenting their argu-
ments. the against the Governments policy
and the other for it. Each is nimbIe of wit and
ready of speech and responded with remarkable
alacrity to every hard blow from the black
robed Justices. The questions asked by JUS
tces Brown, Harlan, Brewer and White, to-
gether with the tone and temper with which
they were put, seem plainly TO indicate that the
operations of their minds antagonistic to the
main contention Of the Government while the
few questions asked by Justices Shiras and
Gray appear to denote that the drift of their
thoughts Is in sympathy with the position as
sumed by the Government in its and grave
responsibilities. 1t is extremely difficult to Judge
Of Justice Peckham's mental condition by the
questions he asked. When he asked a question
Of Mr.. Coudert Justice Peckham seemed to be
in sympathy with that side of the case. and the
question he put TO Sollcitor-General Richards
appeared to show sympathy with the conten-
tions stoutly maintained by that gentleman
A DISTINGUISHED AUDIENCE PRESENT.
The chamber was crowded throughout the ses-
sion OF the court to-day. Fifty or more members
of both houses of Congress heard all or parts OF
the arguments Conspicuous through nearly the
entire session were Senators Lindsay and
Spooner The latter was leader on the Re
publican side in the great debate in the Senate
last spring the principles involved in the
pref NJ litigation. Senator Lindsay, although
Il Democrat. is understood TO be heartily ia sym
pathy with the Governments contention. Secre-
tary Long entered the chamber soon after the
Solicitor General had begun the presentation of
the Governments case He sat by Senator
Spooner and the Cabinet officer and Senator
kept up a continuous run Of comment IN an
undertone on Mr.. Richardss speech. At one
point when the Solicitor General mOmentarily
Sc med TO have been put in hole by a question
from the bench. Secretary Long was heard TO
suggest 10 Senator Spooner where there could
be found a decision OF the Court which exactly
covered the question from the bench Find
II and call Griggss attention 20 it," said Sena-
tor Spooner referring to the Attorney-General
who sat Immediately 10 the right of Mr.. Rich
ards during the latters argument. Forthwith
Mr. Long dispatched a messenger to the law
library for a book. and busted himself in the
mean time in writing note TO Attorney-Gen-
eral GrIggs concerning the information he had
to impart.
Four speeches were made during the day
Mr. Coudert concluded the argument he began
late on Tuesday afternoon, and was followed by
two Of his associate counsel-Mr. Hart. of Wash
ington and Mr.. Ward, of New-York, each or
whom consumed hour. Solicltor-General
Richards began his argument for the Govern
ment at 315, and will close tomorrow, when he
will be followed by Attorney-General GrigSs IN
a speech of two hours The other side has
nearly three hours of the time allotted by the
Court and all of this will be consumed by eX-
Secretary John G.. Carlisle in closing the case
AGAINST the Government 1t is thought TO be
not improbable that the Court will give MI
Carlisle even more time than is allotted to him.
so that it is likely the entire session of FRIDAY
will be occupied by him. He will begin MS
argument as soon as the Court meets at noon on
Friday
JTSTICES INTERRUPT MR.. COUDERT.
Mr. Coudert pursued the line of argument on
which he started Tuesday. He was frequently
interrupted by questions from the bench. JUS
tice Brown started the ball rolling. Mr.. Coudert
had quoted the decision of the Supreme Court in
1913 delivered by Justice Wayne, in the cee-
brated case of Cross VS.. Harrison in which
the Court held that California was made an IN
tegral part of the United States by the treaty of
cesson and that therefore duties could not be
collected at the port of San Francisco on mer-
chandise from the United States since there
was "nothing differently stipulated in the treaty
with respect to commerce..
"Do Won hold" asked Justice Brown, that
there is an intermediate state in the transfer or
territory from some other sovereignty 10 tnat
Of the United States?"
II think there is" replied Mr. Coudert' as
the decision of this court in the case of Fleming
act Page showed that Tampico, Mexico was
once under the jurisdiction of the United States,
but not a part of 1t either actually or by IN
tention If however, Tampico had oeen IN
cuded in the cession from Mexico IL Woulo
have become a part of the United STATES the
very instant the treaty was ratified
Mr. Coudert aroused the interest of Justice
Gray by reading letter written by GouVerheur
Morris one of the trainers of the Constitution
and the author of the section empowering Con-
gress to make all needfuI rules and regulations
for the territory of the United States. Upon
this section Attorney General Griggs based
much of his argument in the Goetze-Fepke
cases In the letter read by Mr.. Coudert Cow
erneur Morris said that he had intended to make
the section referred to so drastic in It's terms