The times., 1900-12-19
The Administration Case.

The Administration Case.
II is well for the public to bear in mind
that in the matter OF the Porto Rico
and Philippine tariff cases, low being ar
gued before the Supreme Court. a de-
cision might be rendered which, while sup
porting the Administration as to the par
ticular cases at bar. still might leave
the question of the Constitution and the
flag in our new possessions an open one.
In both the Porto Rico and Philippine
cases at issue the governmental acts COM
plaiDed of were committed while yet the
territories named were under military
jurisdiction, and before civil government
had been provided. The contention on
the part of the appellants is that so far
as customs tariff taxation is concerned
the Islands which we acquired from Spain
became integral parts of the United States
on the instant of completed cession, and
then Immediately became subject to the
provision OF the Constitution which de-
clares that 'all duties, imposts, and ex-
cises shall be uniform throughout the
United States.'
Should the court hold with that theory,
then there is an end 10 the matter, and
the right of an American Territory to
free trade with other parts of the country
will be settled. But it is possible, as We
have remarked above. that the decision
may evade the main issue and declare that
whatever constitutional rights may inhere
in ceded territory, they do not become
operative until some sort of civil govern
sop to argue that question upon its mer-
its. The similar cases which will be heard
on appeal in January had their origin
after civil government of sort-and per-
haps an unconstitutional sort-had been
provided for the islands. When those
cases are decided We do not conceive it
possible for the court to avoid a clear
definition of the necessary relations of
the Constitution to the flag and our SOW
ereignty In newly acquired possessions.
The arguments in favor of the consti-
tutional theory are being bravely met by
Mr.. Attorney General Griggs, for the Ad-
ministration. He fatty offers the propo-
sition that, so it may be alleged 20 az
feet the power of the President and Con-
gress over territories of the United
States, it is absolutely without force and
effect. Mr.. Griggs insists that whatever
rights" of civil or citizen character
have been conferred upon Territories, in
cluding the District of Columbia, and
their inhabitants. similar TO those en-
joyed by States and citizens OF States un-
der the Constitution. are merely gratui-
toug grants extended by Congress, and do
not rest upon any higher or other au-
thority. - 7-,.44
Thus, according to the argument of the
Attorney General, the United States is a
Republic only as concerns the relations be-
tween the General Government and the
component States OF the Union, and within
the boundaries of those States. All Ter
ri;ories under the sovereignty of the
United States and within its jurisdiction
otherwise, are 10 be considered as ap-
panages of Congress, to be governed and
administered as 1t may see fit. and to be
endowed only with such rights or priyi-
leges as the legislative branch OF the Gov
ernment may choose to grant. This, of
course, would involve the principle that,
since any rights which residents of the
District of Columbia, New Mexico, or
Oklahoma may enjoy are solely based on
Congressional legislation, and are in no
sense protected by the Constitution, they
may be withdrawn and abolished by an
act or acts OF Congress repeating them.
Mr.. Griggs recognizes his dilemma, and
seizes it by what TO him seems the shorter
and less sharp horn. He is logically bound
TO lump the District and the organized
Territories having self government, with
the unorganized Territories of Alaska,
Porto Rico, Guam, and the Philippines He
sees that, II the Constitution holds its
aegis over the one class, ii must over the
other, and so he proceeds to make a clean
sweep, and to assert as a doctrine OF
American law that the denizen of Ari-
zona is no more intrinsically entitled to
civil or citizen rights under the Constitu-
tlon than the native OF Porto Rico or the
Tagal of Luzon.
It Is a contention calculated 10 take an
Americans breath away. II it be good
law. then there is no legal power which
could prevent Congress. II It pleased, from
withdrawing civil government from the
Distilcl anu oIBdhi%eu ieIIitOiles anu
turning them over to the President
to be administered as military satrapies
From The Griggs point of view. Congress
could pass an act imposing The Dingley
tariff duties on trade between Washington
and Alexandria deny the right of trial by
jury, deny the habeas corpus, and estab-
lish a form OF religion here and wherever
else the Constitution does not go ex pro-
prio viEore.