Show POLITICS IN COURT senators and representatives listen to arguments made before supreme court 1 in the porto rico philippines cases two of the justices show their bent of minds by asking questions washington dec 18 arguments in the porto rico philippines cases involving the status ot those countries to the united states was resumed in the supreme court today the widespread interest in the cases was shown ty the large of prominent members of the bar and by a crowd of spectators which filled the public a ea and overflowed in the corridor senators and representatives in congress dropped in as the arguments proceeded and gave attentive ear to the prior to the opening of the court the counsel conferred and arranged a geni cral plan of procedure by which edward C ns senior counsel in the torto rico case would conclude his argument today being followed by lawrence harmon counsel in the philippine case the appellants would then give way to attorney general graggs for the presentation of the case in be aalt of the government this it was expected would continue until tomor when charles H aidrich former general and senior counsel in ane philippine case will close in be halt of the appellants mr ns on resuming his n took up the dred ascott and other cases relating to the extension of the i constitution over territory soon af iter mr began justice brown interposed an inquiry as to whether ll 11 mi had examined the most re cent cases relating to the extension of the constitution to territories and also whether he had examined those bec eec eions of the united states statutes wherein congress extended the consal gutlon to certain territories mr perkins said he had examined both of branches and be hoped to be able to present answers to the contentions made as to them after examining numerous cases mr said that the doctrine that the constitution did not extend to the territories ri was based on the idea that the constitution was a substance a sort of chattel which could be moved about here and there as congress saw fit rather than something bequeathed to us by our ancestors it was he said a sort ot trans substantiation of constitution ution it was the intention that the constitution could not get into a territory unless congress placed it there he declared that the constitution in itself extended to the territories by declaring that it was an inanimate substance lacking the powers ot locomotion at this point justice white made a series ot pointed questions of mr i ns the justice first asked it mr per kalns contention would lead him to the conclusion that immediately upon the making of a treaty ceding territory to the united states every person born in that territory after the date of cession became ipso jure a citizen of the united states mr answered in the affirmative saying that it his contention was correct those born in the territory after the cession were citizens if they were civilized and not in the position of our indians justice white asked what authority there was for excluding indians he pointed out that the distinction between the american indian and the citizen antedated the constitution he again propounded the query as to citizenship iz following immediately on the conclusion ot the cession of territory mr answered that undoubtedly persons bom in the territory after the cession and subject to the jurisdiction ot the united states were citizens ot the united states justice white suggested that in this answer under the jurisdiction of the united states stated out of the question the very contention which was being made in these cases mr eald the limitations of his answer were intended to cover such special circumstances relating to indians and uncivilized persons which had been referred to continuing his argument mr perkins cited many other authorities supporting his view that the constitution in itself extended to territories the attorney general contended that the united states has the power to acquire territory that having acquired it 1 has the right to govern it that administrative construction congressional action and judicial precedent that every port in a ceded country is properly regarded as foreign until laws are extended by congress to the new that the clause of the constitution ution of the united states declaring uniform duties throughout the united states Is not applicable to new possessions and that the constitution does not extend of its own force over territory referring to the legal aspect of the cafe he asserted that the dingley act applied to merchandise imported from porto rico and the philippines after their cession to the united states the same as it did before and that in view of the fact that the tariff laws are in rim there Js no principle of justice much less of constitutional restriction winch forbids congress from taxing iu this way the merchandise of out iving possessions of the united states when brought into the ports of the union taking up tha constitutional ques the attorney general declares that alte was no doubt that it waa the intention of the paris treaty not to make tie ceded islands a part of the united states and also that it was intended to make the inhabitants of those islands citizens |