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TABLE OF CONTENTS.
Page.
John H. Goetze, doing business under the firm name and style of John H. Goetze
& Co., appellant, ". The United States:
Order to return record..
Petition of importers ..
Schedule A-Statement of importations.......
B-Particulars of errors of law and fact
Bond for costs......
Return of bond of United States General Appraisers
Exhibit A-Letter of J. J. Couch, special deputy collector, to Board of United States General Appraisers, August 7, 1899, sub- mitting protest..
B-Protest of Goetze & Co.....
C-Stipulation as to facts
D-Decision of the Board of General Appraisers..
Statement as to facts..........
Opinion of Townsend, J
Decree....
Assignment of errors.
Petition of appeal
Order allowing appeal
Citation and service
Clerk's certificate.....
Motion to advance...
American Insurance Company v. Canter (1 Peters, 541).
Baumann v. Ross (167 U. S., 548)
Callan v. Wilson (127 U. S., 540)...
Capital Traction Company v. Hof (174 U. S., 1)
Cross v. Harrison (16 How., 164)
Fleming v. Page (9 How., 603).
Loughborough v. Blake (5 Wheat., 317)..
Reynolds r. United States (98 U. S., 162).
Springville v. Thomas (166 U. S., 707).
Thompson v. Utah (170 U.S., 343).
Brief for appellant:
Statement of the case.
Specification of errors.
Argument:
Introductory.
Concessions..
1
I. (1) Claim of unlimited power in new territory opposed to our
theory of constitutional government .
(2) Incorporation under our organic law...
(3) Express prohibitions in the Constitution..
(4) Prohibitory clauses apply in government of territory of the
United States
(5) Earlier cases..
John H. Goetze, etc., appellant, v. The United States-Continued.
Argument-
Concessions-
I. (6) Principle of the decisions cited.....
(7) Congress supreme in the Territories as to political, but not as
to civil, rights.....
(8) Cases as to Territorial courts
(9) Ross's case..
(10) Principles settled by cases cited, and their application to
government of new territory..
(11) On annexation political law necessarily alters, while munici-
pal law continues in force..
(5) Rule of apportionment in Territories
II. (1) Construction of the treaty...
(2) Any unconstitutional provisions in the treaty are void.............
(3) Annexation not affected by unconstitutionality of part or
whole of treaty
III. (1) "Throughout the United States"
(2) Loughborough v. Blake
(3) Principles of the uniformity provision.
(4) Geographical uniformity
(6) Meaning of words "United States" as used in Constitution..
Articles of Confederation, Article IV
Constitution of United States, Article IV, section 2,
subdivision 2..
(7) The United States and the States united..
(8) The words are qualitative, not restrictive..
(9) Conclusion...........
(2) Extension of tariff law not in question...
(3) Imposition of duty must be clearly established
(4) Further as to meaning of these words.
91
92
IV. (1) Plain meaning of words "imported from foreign countries”.
93
94
(5) Pittsburg and Southern Coal Company v. Bates..
(5) Fleming v. Page...
(6) The Government's practice in the case of Louisiana
(7) Cross v. Harrison
100
101
(8) Practice of the Government as to California and Alaska............
(9) Summary of argument as to construction and application of
tariff act..
Adams et al. v. Bancroft (3 Sumn., 384, 387). .
American Insurance Company v. Canter (1 Pet., 449, 511, 542)... 42,59,
American Net and Twine Company v. Worthington (141 U. S., 468, 474)
Alphabetical list of citations-
Cherokee Tobacco, The (11 Wall., 616) .
63
Chicago, etc., Railway Company v. McGlinn (114 U. S., 542, 546). 76, 106
Constitution of the United States, Art. IX, sec. 2, subd. 2..
90
Halleck, International Law (ch. 33, sec. 4; ch. 34, sec. 14)
76, 107
House Document 117, Fifteenth Congress, second session, vol. 6..
98
La Abra Silver Mining Company v. United States (175 U. S., 423).
Monongahela Navigation Company v. United States (148 U.S.,
Philadelphia and Reading Railroad Company v. Kenney (18 Int.
Richards, John K., address on the Constitution and the new