BoletiÌn mercantil de Puerto Rico. (San Juan, P.R.) 18??-1918, 1902-10-07
P||OOTHO ||OTH|OO RRIICUIlS lis Aliens.
Brief For The Government Sub
rhitted BY Counsel For The I'm
migration Commissioner-Spee-
dy Decision Expected From
Judge Lacombe.

Whether Porto Ricaos are aliens or
citizans of the United States, will be
decided next week when it is expected
that Judge Lacombe, in the United
States Circuit Court, for the Southern
District OF Nev York viii and down
decision in thescase OF Isabella Coma
lez, the native-born Porto Rican who
was held fol- examination by the i'm
migration authorities at Nev York on
the ground that she was an alien i'm
migrant Oral argument was made on
September II, and a brief was Sub
mitted by William B Anderson, coun-
sci to the Commissioner of Inning
ration.
The brief urges that in their ordin-
ary meanings the words "alien" and
Immigrant" exactly describe native
born Porto Rican who comes to this
country, and that being used in their
ordinary sense in the immigration
acts, they must apply in this case un-
less something has happened to make
them inapplicab1e. Counsel claims that
the treaty which having reserved to Con-
gress the power to determine the polit-
ical status and civil rights of the native
born inhabitants of Porto Rico and the
Philippines, their status cannot be held
to have been changed, unless Congress
i has exercised that power and changed
| it. At the time of the treaty all these
native inhabitants were unquestionably
aliens. and, therefore, unless Congress
has made them citizens, they still con-
| tinue to be aliens.
The Government further argues that
Congress has, by the Foraker act,
created a government for Porto Rico,
but in that act has declared that the
native-born inhabitants of Porto Rico
Shall, together with such citizens
of the United States as may reside in
Porto Rico" constitute a body polite
under the name of the people of Porto
Rico. By making this clear distinction
between citizens of the United States
and citizens of Porto Rico, Congress
has expressly declare its intention not
to make native-born Porto Ricans citi-
zens of the United States.
Moreover, the treaty, as supreme law,
having reserved TO the legislative
branch of the Government the right to
determine the political status of these
people, the question is taken away from
the judicial branch because by this res
lervation of power previous legislation
has been repealed, and the common
law changed in SO far as either might
be held to have determined their status
either by reason of the act of cession or
LOT any territorial relation created bet
ween Porto Rico and the United States
the treaty declaring that in the case OF
the inhabitants, the right of determin-
tation rests with Congress alone.
/ The Government further contends
that any Constitutional question which
might be involved as to the right of the
United States to govern a separate pol
itical body which remains in relation
of alienage to the Government has been
determined in favor of the United
States. Under the decisions in the "In-
sular Cases" Porto Rico, although not
a foreign country, is nevertheless not a
part of the United States; and it is well
settled that the powers granted to the
national Government blythe Constitu-
ton over territory acquired by it and
not made part OF the United States
are unrestricted, except possibly in SO
far as certain provisions of the bill Of
rights in the Constitution may limit
generally the powers of the Govern
ment or in SO far as special rights un-
der the Constitution may have been
secured to the Porto Ricans by legis-
lation.