The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-20
The Porto Rice. Philippine Case Will
Then be Submitted.
THE BURDEN OF Mr.. GRIGGy ARGUMENT
That the Constitution Does Not [xtend 10 New
Iy Acquired Territory Because Of is Ac-
QUESTION But Must be Extended
by Act of Congress.
by Act of Congress.
(By the Associated Press }

States Supreme Court was again crowded
to its full capacity today to hear the
concluding arguments in the case inyolv
ing the status of Porto Rico and the
Philippines Among those who secured
points Of vantage in the area reserved for
he 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 be-
fore the court.
Former Secretary Carlisle and other
prominent members Of the bar and of
the two Houses of Congress were present.
Attorney General Griggs concluded the
presentation of the Governments case,
celebrating the points he enunciated yes
terday.
One OF these was the difference be-
tween orgaliized Territories and unor-
ganized territory under the jurisdiction
CT the United States. Justice Brewer had
asked the Attorney General to make clear
the distinction. Mr. Grlggs said that
while Rhode Island and South Carolina
ctood outside of the Union they were
treated as foreign States. and when they
ultimately assented to the Union Con-
gress passed law extending the revenue
laws 70 them.
In the case of Louisiana. the Attorney
General pointed out that all the deelara-
tious Of Jefferson were to the effect that
IN order 10 come under the operation Of
the laws Of the united States those
laws must be explicitly extended to new
accusations. jefferson selected certain
acts to be Immediately extended and
others to be extended from time to time
as might be found practicable.
The Attorney General directed attention
in thc instance of the acquisition Of
Florida, 20 the fact that three American
statesmen, Monroe John Quincy Adams
and Andrew Jackson, each Of whom was
elected President Of the United States,
united in declaring officially that the
Constitution did not apply OF It's own
force to territory newly acquired by this
ration, by virtue OF the act Of acquisition,
but that such extension must be accom-
plished by the action Of Congress
Mr. Griggs also specified the territorial
organization of Oregon. Missouri. Mon
tana and Wyoming in each case showing
that Congress specifically extended the
laws to these Territories.
Finally as to the extension of laws to
the Territories, Mr.. Griggs said that by
act OF Congress in 1874, Congress had ex-
pressly extended the Constitution AMI
Federal laws to "the organized Terri
tories. and to every Territory hereafter
organized" But the act went no further
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 prop
osition that territory may belong 10 or be
under the Jurisdiction Of the United States
without being a part OF the United States.
! Many different islands keys and groups
of Islands have thus been taken posses
/ aIcn of and made for such special purposes
1 the property Of the United States. They
| enjoy certain privileges but they are not
| a part OF the United states,
! Justices Brewer and Harlan asked a
number OF questions Justice Brewer
asked II the Attorney General held that
| as Congress extended the Constitution
! and laws to the organized Territories,
! Congress also could take them away from
! the Territories.
Mr.. Griggs answered that this was g
NEST serious question. but he thought j;
safe 10 say that when the laws were once
/ extended TO Territories an inyiolable con
! tract was created and could not be bro
/ ken
| Justice Harlan asked the Attorney Gen.
! cral to state 10 what extent Congress
! could impose tariff To be collected
against goods coming from New Mexico
Arizona and Alaska. Justice Brewer also
reminded Mr.. Griggs that Oklahoma was
! no: included IN the treaties for the Louis
! lana and Texas Territories and was an APP
| parent exception to what was stated
| by the Attorney General
/ Mr.. Grggs stated that Congress at It's
/ last session. declared the existing tariff
laws were applicable against the goods
Of Porto Rico. This Mr.. Griggs declared
was an assertion by both branches Of the
! present Congress that the tarin act
! which was the existing law operated
! against Porto Rico.
| Justice White asked the Attorney Cen
! eral y be claimed that Congress could 81
/ exempt Territories from the laws to back
no tho privileges not enjoyed In the
! States. Mr.. Griggs responded tho ho
| did SO claim. that in fact the Territories