The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-12-20
.!R|6lS MAKES ABLE PLEA
IN PORTO RICAN AND PHIL
IPPINE CASES
SUPREME COURT Is CROWDED
Senator Nelson, of Minnesota, Was
Among Those Present to Listen
to the Governments Side
of the Case.

states supreme court again was crowded
to its full capacity today to hear the
concluding arguments in the cases in
volving the status of Porto Rico and
the Philippines. Among those who Sc
cured points Of vantage in the area re-
served for the bar was Judge Day, who
as secretary of state during the critical
stages of the war with Spain and later
as head Of the American commissioners
who negotiated the treaty Of peace at
Paris, was one of the most influential
factors in shaping the conditions now
under discussion before the court.
Near him sat former Secretary Carlisle
and other prominent members of the bar
and Of the two houses of congress, while
the small circular area open to the gem
eral public was filled with spectators
Attorney General Griggs, who began
the governments presentation yester-
day, elaborated the points enunciated to-
day. To one of these, to which special
attention was given, was the distinction
between organized territories and unor-
gained territory under the jurisdiction
of the United States.
Finally, as to the extension of laws
to the territories, Mr.. Griggs said that
by act of congress, in 1874, congress had
expressly extended the constitution and
federal laws to the "Organized terri
tories and to every territory hereafter
organized. But the ACT went no lar
Their than organized territories and
could not be interpreted to mean that
expanse of country entirely unorganized.
The Guano islands were cited in support
of the proposition that territory may
belong to or be under the jurisdiction of
the United States. Over seventy differ
ent islands, keys and groups of islands
have been thus taken possession of and
made for such special purposes the prop
Of he They en1OV
certain privileges under the law and the
United States supreme court recognized
their status but they are not a part or
the United States.
Turning from his books, Mr.. Griggs ex-
claimed in impassioned tones:
GRIGGS WARNS UP.
'"Why should this government be con-
sidered to have less freedom of action in
this matter than other nations? What
cIanse Of the constitution so conpeIs?
Why are we so tied and bound that We
are never to secure the fruits OF victory,
never to acquire an island of the sea. a
belt across the iSthmus, station Tor a
naval base unless at the cost of admit
ting those inhabiting the soil to full
rights as citizens Of the United states,
whether they be cannibals or saVaGes,
granting them the glorious potentality of
being a part Of the speopie of the United
States? Did our forefathers hamper US
like that? If so, this constitution is as
sent into this world before his time,
scarce made up, and that so lamely and
questionable that nations laugh at Us
as we halt by"
COURT WAS CROWDED.
The crowds continued to fill the court
room during the afternoon. among those
coming in being Senator'S Fairbanks, Ba-
con and Nelson: Representatives Mccall
and Littlef1eld, who together made with
the fight against the Porto Rican BILL
Attorney Richards and many officials
from the treasury and other departm antS.
Justices Brewer and Harlan asked a
number of questions Justice Brewer
asked If the attorney general held as
! congress EXTENDED the constitution and
| laws to the organized territories,
congress also could take them away
from the territories
Mr.. GTfggs answered that this was a
most serious question, but he thought it
safe to say that when the laws We're
once extended 10 territories an invlOlab.e
contract was created and could not be
broken. Justice Harlan asked the at
torney general to state whether congress
could impose a tariff to be collected
against goods coming from New Mexico,
Arizona and Alaska. Justice Brewer also
reminded Mr.. Ciriggs that Oklahoma was
not included in the territory taking III
the Louisiana and Mexican territory and
was ali apparent cNCSpIlOn 10 lllc RUE
stated by the attorney general.
Mr.. Giggs said that congress at its
last session, in effect, declared that the
existing tariff laws were applicable
against the goods of Porto Rico. This
was in the act Of last March, renting
to Porto Rico certain duties collected
under existing law" This, Nj. GrigGs
declared, was an assertion by both
branches of the present congress that
the tariff act, which was the existing
law" operated against Porto Rico.
Justice White asked the attorney gem
eral if he claimed that congress could so
exempt territories from the laws AS to
give them privileges not enjoyed by the
states. Mr.. Griggs responded that he d'0
so claim; that in fact, the territories
had been for years exempted from in
terna revenue and direct taxes
The attorney general refers to the case
of Loughborough VS.. Blake, whereupon
Justice Harlan, reading from that de-
cision, asked Mr.. Griggs what Chief
Justice Marshall meant in saying:
"The power to lay and collect duties
imposts and ecises may be exercised and
must be exercised, throughout the United
States"
Mr.. Griggs said: "Throughout the
United States" referred to the states Of
the Union, but Justice Harlan pointed
out that it referred also to the District
Of Columbia and the territory west Of the
Missouri.
Mr. Griggs closed mis- five hours speech
with a brilliant end eloquent peroration>
The court adjourned as soon as Mr..
Griggs finished and the members of the
bar gathered about him to congratulate
him upon his able and eloquent presenta
ton Of the governments case. Mr..
Aldrich will close for the appellant in
the Philippine case tomorrow and the
cases will then be submitted.