Show AESTS fTHGONGRESS f J Does the Constitution Extend toOur New Possessions IMPORTANT QUESTION ASKED Department of Justice Snys Nb Witn I out Action of LTw2uTaking Power I It Holds Thtit President Is in Control of the Islands Acting through the War Dopnrtnuent Called Courts Therein Merely Agencies of tho MilitarY Power I EverythInG as Provisional I I Washington April SolicitorGen era 1 Richards of tho Department of Justice has filed a t bclcf in the Supreme court which fixes tho atiltuclc of this Government on the question whether the Constitution extends to the new possessions of the United States The Department oC Justice says It i does not without net of Congress The case is that of Ramoji Kaez a nativeborn inhabitant of Porto Rico 1 I who applies for leave to tile a petition for writs of habeas corpuy and ccr tlorarl to secure his release Iron furth cr Imprisonment under a judgment I I of the United Suites Provisional I court of Porto Rico scnlenjcing him lo I two months Imprisonment for illegal I votIng at a municipal eJccUon held under un-der the military order I The prayer Is I that the writ of habeas corpus be dUvcted to Samuel C Both well marshal of the PiovJsIonal Iourt I I at llumacoa jirosldcnt commanding him to produce Baex before the Supreme I Su-preme court and that the writ of I certiorarI Issue to the I Provisional court a transcript of its proceedings in this case After reviewing the cafo the Solid lorGcnoral male the follow argument Js tlXJs mllllnay courl and Us I trooper marshal within the torrilorJy1 jurisdiction jurisdic-tion of UOs court Bolh are In Porto Rico TVlnlo Uiat inland has boon ceded to the UnllvJ Stales Congress has yet taken no sleeps toward orginirJjiff the territory or vpplyiitf the Constitution and the laws vf the United Statics The island has ben acquired nndor the the constLtutlnnal power confenxu by Government of the Union in maJclntr war and making ircalies The ulllmate disposition aaui government gov-ernment of territory thus acquired rests with Congress under the power granted Itlo dispose of and make all l nncdfhil rules and regulations respecting the territory and to property betoiiKing lo the United States art 4 I see 3 1 Congress has not yet adted The S President Is I therefore still Jn control acting through the War dtparlnienl Tho occupation is 1 a military occupation occupa-tion The socalled courts arc the mere agencies of the mllftar power ISveiT thInS is provlsloyial and teini > orary The Department of justice of the United States is not In operation in Porto Rico The court has no Jurisdiction of the case presented II S |