Omaha daily bee., 1901-01-10
COUDERT RESUMES ARGUMENT
Continues Effort 10 Convince Court
That Porto Rico IL Not For-
eiRp Territory.

| WASHlNGTON, Jan. Upon the recon
vening OF the United States supreme court
today Mr.. f. II. Coudert. jr resumed his
argument in the Porto Rican cases, con-
tinuing his contention that Porto Rico is not
foreign territory and hence that 1t is in
competent for the government authorities
to levy and collect duties upon articles inn
| ported from Porto Rico to New York.
Before taking up the thread OF his argu-
| ment Mr. Coudert undertook to respond to
question propoundcd to him yesterday by
| Justice Brown. whether a country can cease
to be a foreign country and yet not be
part OF the United States-whether there is
an intermediate condition.
Replying, MIR. Coudert expressed the opn-
ion that such condition might exist tenn
porarily and he added that the supreme
court rad recognized 1t in dealing with
| Tampico, in the case OF Fleming against
Page, and in dealing with California in the
case of Cross against Harrison before the
acquisition of California by the United
States was completed
Mr.. Coudert contended that in case o.
acquisition the dividing line is passed when
a treaty of acquisition is signed and rati-
fed.
When" he said, 1--WE sanction acquisl-
tion by the ratification of treaty we thus
signalize our control of and sovereignty
over that territory" This, he asserted. had
been done in the case of Porto Rico in the
treaty of 1898 and by the treaty Porto Rico
had become as much part of the United
| States as California had become in the pro-
ceedings subsequent to the war with
Mexico.
MIR. Coudert then resumed his regular
argument, taking up the question as to
what part of the constitution applies TO
Porto Rico.
Before he concluded Mr.. Coudert was sub
jected to number of questions from the
bench and obtained leave to file supple
mentary brief. which II Is presumed will
contain replies to them.
Extends over National Domain.
Mr. Coudert was followed by hlphonso g.
Hart who spoke especially of the Arm
strong case in which the question involved
is the collection OF duty on goods shipped
from New York to Porto Rico. He CON
tended that the constitution of the United
States extends over every portion of the
national domain, whether state territory or
district. He also argued that the pres-
dent, being an executive officer has no
right to impose duties on commerce between
Porto Rico and "other parts of the United
states by executive order after the ratih-
cation of the Paris treaty"
THE idea" he said. that in one portion
of the country the executive and legislative
authority Is subject to restrictions and Is
without restriction in another part is re-
pugnant to the theory of our government
and cannot be tolerated.
There is said he. no such thing as divided
sovereignty-half empire and half republic
half Spanish and half American.
, II. w. Ward, counsel for Dooler, Smith
G. Co.. laid especial stress upon the fact
! that the nOgit ion of the Porto Ripnn
, providing for the collection of duties Ii
separate from other parts of that law anC
II is limited in operation in point of time
to March /, 1902. He characterized it as
, makeshift to provide revenues for The
island of Porto Rico and said It was there.
fore not entitled to the same favorable pre-
, sumption that II otherwise would have been
: Whatever the motive OF the provision it wal
, to his mind plain violation of the ccnsti
. tuition aud he quoted numerous authoritie!
in support Of the statement.
r Governments Cnsc Presented.
D When Mr. Ward finished Solicitor Gen
eral Richards began the contention OF tn,
governments side of the controversy. Civ
2 ing special attention to the effect OF thu
I ratification of the Paris treaty upon the re
4 lation OF this country and Porto Rico II,
| said that denial of the power which is be
= amounts to saying that ceded territory be
r comes by the act of Cession an integral par
y OF the United States to which tho constitu
. tion of its own force applies, placing III
{ people its products and its ports on an i'm
4 mediate equality with ours and also cx
tending the constitutional limitations il
such countries. If this was the case, salt
Mr. Richards, the treaty making power II
acquiring territory is necessarily limited t
providing for the mere act of cession.
= 1T is thus" he said stripped of It
: proper functions, it cannot treat; it is lame
= impotent, impossible, ridiculous"
l. Mr.. Richards argued that newly acquire,
a territory becomes mot part but "A pos
q session of the United States" territory be
q longing to the United States and he wen
: on to say, "its disposition and government
rests under the constitution with the treaty
g making power and with congress-"
e Justice Bowman Asks Question.
Then does such territory fall within tn
provision which requires duties to be as
. sessed upon foods arriving from a foreig,
- country?' asked Justice Brown.
d Before Mr.. Richards could reply he pu
t the question in "A different shape, saying
o Does it not cease to be a foreign country?
Q To this query Mr.. Richards answered: .
@ think not; not within the meaning OF tn
Il customs laws.
C "The Dingley law treated as foreign al
: territory outside the limits of the Unite
d States, leaving the state and territoyie
= then created for customs purposes as tn
s United States and that condition remain
until congress may see ht to change it,"
Continuing, MIR. Richards contendcd tina
the president has not power to extend tn
g limits of the United States but that tn
y, legislative branch Of the government ma
:, do so upon whatever terms It may see n
q, lie said further that tho parties to tn
- treaty both knew that the location and con
- dition of the Islands acquired by the wa
- with Spain would not permit their incor
. poratioa into the United States and the an
= plication to them of those laws which IN
" constitution requires to be uniform through
out the United States.
:. Certainly" he went on "the treat
- never intended to mako these tropict
le islands a part Of the United States in III
Ie constitutional sense and just as certainl
y did make them part OF the United State
10 in the international sense"
e. Mr.. Richards had about half concluded h
le argument when the court adjourned for III
lie day.
MCARTY STARTS SECOND SUI