New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-20

bonnS sbaf We are never TO secure the fruits OF
victory, never 10 acquire an island or the see
a belt across the isthmus, station Tor a naF 70 a
base unless al the cost OF admitting those IN
hahting the soil 70 fun rights as eltlzens o. ~
United States, whether they oe eai. .sis
savaees granting them the glorieus poten.a..aess
~ hsin- a parf OF the people OF the United
Statese DID our forefath srs hamper Us Ike
p,cbsrS the Funehback: sent into this
world before his time. scarce han mace ~, e.. 80
that so lamely ana unfashlonaole that ha'ioiis
laugh az us as we halt by
The Acknowledgement made this comparison
IN tones which rang through the chamber ano
out into the corridors
JUSTICES ASK MANY QUESTIONS
Mr. Griggs was more frequently interrupted
to-day by questions from the bench than on
yesterday. Justices Brewer. Harlan and White
led in the questioning. although sharp inquiries
were put TO him by Justices Peckham ana
Brown Justice Harlan again asked il his doc
trine went so far to claim that Congress
could establish titles Of nobility in the colo
mics in their present status. The Attorney
General promptly and with some little show OF
petulance replied as he replied yesterday that
ne didn't know. AZ is not yet made plain Nha'
the significance OF this question is, though the
fact that so experienced and learned a member
OF the court as Justice Harlan has asked it twice
indicates probably that the operations OF ms
mind are antagonistic to the Governments con-
fention
Justice Harlan also asked If the tariff acts had
been applied by special enactment TO DOM
Louisiana and Florida on their annexation ana
Mr.. Griggs answered Yes" Then Justice Har-
Ian asked II Congress could establish in newly
acquired territory any other than republican
form Of government, and Mr.. Griggs promptly
replied that ii could, citing the case Of Alaska
as sn illustration.
Frresf
Acknowledgement said that by special enact
rnent the Internal Revenue laws had been ex-
tended IN times past 10 new territory, but that
thus far they had not been extended 10 Porto
Rico or the Philippines
Justice White inquired IL the Constitution had
ever been extended TO Alaska.
Not yet" said Mr.. Griggs. and some Of the
lawyers looked az one another in amazement.
apparently as II they had never thought OF this
before.
Justice Bre yer framed a long question pertain
ing 70 Oklahoma Territory, surprising the AT
torney-General with the statement that the land
embraced within that Territory did not comprise
q part OF the Louisiana Purchase. but was coded
10 the United States by Spain in 1921
i frankly confess that had overlooked that
interesting fact" said Mr.. Griggs.
THE CONTRACT WITH TERRITORIES
Now" continued Justice Brewer. under your
doctrine Of the extension Of the laws--the stat
utes-piecsmea. 10 newly acquired territory
ahead OF the Constitution there is no assurance
Of permanency in the relations thus established
is that so?"
I think il is, sir" said the Attorney-General
Then could We withdraw from Alaska or
oldahoma?" Justice Brewer inquired.
That is a question ! shall come TO after
while il il please Your Honor" replied MI
Griggs
Very well then" snapped Justice Brewer
Justice White asked the Attorney General If
he claimed that Congress could so exempt Ter
rito-ies from the laws as 70 give them privileges
not enjoyed by the States. Mr.. Griggs respond
ed that he did so claim; that in fact, the Terri
tories had been for years exempted from internal
revenue and direct taxes.
The Attorney-GeneEal inferred 10 the cele-
bra1ed case Of Lougn6crodsh agt Blake. where
upon Justice Harlan, reading from that decision
asked M Griggs what Chief Justice Marshall
meant in saying: The power 70 lay ana colieet
duties. inposts and excuses may be exercised
and must be exercised Throughout the CHltSa
States" Mr.. Griges said that throughout me
tinted States" referred 10 the States or the
Union. but Justice Harlan pointed out that II re-
ferred also 10 the District OF Columbia ana the
territory west Of the Missouri
AN ELOQUENT PERoRATIoN.
Mr.. Griggs closed his speech with brilliant
ana eloquent peroration.
i am here IN q feeble and humble way" he
said. TO support the Executive and legislative
branches OF the Government in dealing with
these momentous questions. Throughout have
felt a serene confidence that nothing have ad-
vised. nothing the Government has done. has
been without its presidents and forerunners
from the most ilustriOus Of our forefathers.
from Jefferson. Jackson. Madison, Galatin and
from the great Chief Justices Of the past; that
nothing has been done but tended 10 the great
exsltation and extension Of our country and the
improvement Of the people coming under our
control
Instead OF seeking strict and narrow construc-
tions he said, the powers OF the Executive and
legislative branches had been so construed 10
give them wise and safe discretion so that the
cay would be FASTENED when we might give to
States
POSSIBLE DIVISION OF THE COURT.
It is popularity surmised from the nature Of
their questions and the spirit in which they
were put that Justices Harlan, Brewer and
White certainly opposed 10 the Govern
rnent's contention. that probably Justice Peck
ham is also and that possibly Justice Brown
100, IS Slightly leaning that way. No expression
q any kind has come from Chief Justice Fuller
Justice Cray, Justice Shiras or Justice Nc
kenna.
With The conclusion Of MI Aldrich's speech
lo-fnoGrow ai'ernoon argument in the Goetze-
Fepke cases will be closed The Supreme Court
VIII take recess from December % TO January
Z. On the latter date the trial OF the similar
cases represented by eX-Secretary Carlisle will
oeslh' and they are expected 10 consume quite
as much time as the cases now being heard nm
ness they are referred 70 the Court Of Claims on
: Point o. jurisdiction II they are not trans
court viii pass on them all at once Though
decision is not expected for fully two months