The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-12
Circulation Statement.
The Colonial Gases.

One OF the most important and far
reaching legal struggles IN the history CT
the country yesterday terminated in the
Supreme Court with the mastery argu-
ment of the Hon John G. Carlisle, in one
of the cases which, combined, are popu-
IarIy known as the case of Hanna, Nc
Kinley. ct al vs.. The Constitution of the
United States
If anything was left of the Administra-
ton position before Mr.. Carlisle addressed
himself to it, there certainly was nothing
of it in sight when he concluded his argu-
ment. Dozens of men prominent in ma
tional affairs and politically favorable to
the executive contentious in the premises
stated their hrm conviction that the ex-
Secretary had fully sustained the Consti-
tuition. and had completely cut the ground
from under its assaiIants-
Mr. CarIisle's line of argument was
somewhat different TO what had been tx
pected. He made the constitutional FRO
hihition of export taxes his main position.
He held that any customs tax on the trade
OF Porto Rico with other parts of the
common American domain was in direct
violation OF the Constitution On this
point he said:
.'our friends on tie other side must select some
time when Porto RicO ceased 10 be foreign
country. j II Was a foreign country during all
the time that the President vas l@ysinS this tax,
and collecting II down there then the President
was enforcing export duty upon goods ex-
ported from the States TO foreign country
Now. whenever It ceased 10 be foreign coun-
Try, up TO the time when Il ceased 10 be a for
eign country then This was an export duty, and
within tie meaning OF the state clause
And say that it Was not only null and void.
not only q violation Of the Constitution by
WLOnsoeTcr II was Imposed, when taken 70 for
eIgn country, but violation Of the Constitution
when taken from one State 20 another because II
would authorize Congress 10 break Up and ruin
the commerce Of some OF the other States and If
your HCuCrs viii look Al the constitutional his
JorT itself and look at Story on the COns1itu-
ton. and Of ali the authorities relating 10 this
subject. You Viii md that the very Surpose OF
THIS prohibition TO prevent this discrimins
ton As against state another State. or
one section OF the country against another Sec
ton Of the country.
Suppose Congress should impose duty. an
export duty, upon tobacco which would affec.
only certain States. OF upon cotton which only
Affects certain states. or upon oranges or hgs. or
tTGItS- which come mainly from California and
Florida II coa,d break up the trade Of the StaIes.
and Il vas 10 prohibit thar very thing that this
clause was put into the Constitution
If Congress can do that. It may. as I said.
have just many rates OF export duty from the
States as there are States in the Union and then
IN addition 20 all that they Ray have many
more As there are Territories belonging 20 the
United states: because the gentlemen tIie
other side claim that Congress can legislzte foT
The Territories IN this respect they please and
upon that claim they base the validity Of this
act
Il would be hard 20 find a way to defeat
the above logic. which is accepted as IN
answerabIe by every constitutional lawyer
in Washington. not in the pay Of the Ad-
ministration or the trusts The result OF
the aDDeal ran scarcely he in d0slbt The
Supreme Court Will protect the ConstiJu-
ton, as It always has, and there viii be
free trade between all integral parts o:
the United States, as the Fathers of the
Republic intended there should be