The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-12-20
GRIGGS ENDS SPEECH
Finishes Argument in the Porto
Rico Case.
TALKS TODAY
THIS WILL CLOSE THE oRAToRY
OVER ISSUE.

. states supreme court was again crown
ed to its fullest capacity today TO hear
the concluding arguments in the cases
/ involving the status Of Porto Rico and
/ the Philippines. Among those who Sc
} cured points of vantage in the area re-
/ served for the lar 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 discus sion efore the lou L Idge
Day gave attentive ear to the argument
of the attorney general, hich took up
the events following the treaty OF peace
/ and maintained the right OF govern
ment, pursuant to that treaty and TO
| the constitution, to follow the bill OF
action which has been taken in these
cases relative to the Philippines and
Porto Rico. Near him sat former Sec
/ rotary Carlisle and other prominent
members of the bar and of the two
! houses of congress, while the small cir
cuIar area open TO the general public
was filed with spectators.
Mr.. Griggs spoke in the calm and
argumentative style adopted yesterday,
occasionally, however, throwing great
earnestness of voice and gesture into
the assertion Of the governments right
to pursue the policy thus far taken.
The attorney general elaborated the
points enunciated yesterday. One of
these to which special attention was
given was the distinction between or
ganized territories and unorganlZed
territory. under the jurisdiction of the
United States. Justice Brewer mad
asked the attorney general TO make
clear his views on this distinction Mr..
Griggs took up territory after territory,
declaring in each case that the terri
tory came under the operation OF the
laws of the United States by an act OF
f7saua w Y
laws to the territory, and not eX proprlo
vigore.
The attorney general stated, in the
| instance of the acquisition OF Florldd,
( that American statesmen, Monroe, john
Quincy Adams and Andrew jackson,
each of whom was elected president OF
the United States, unite in declaring
] officially that the constitution did not
apply of its own force to territory new
" acquired by this nation, by virtue OF
the act of acquisition, but that suCh
/ extension must be accomplished Dy Un6
action of congress.
Mr.. Griggs also specified the territor-
iaI organization of Oregon, missouri,
Montana and Wyoming, as IN each
! case showing that congress speclhcalIy
extended the laws to these territories
Calls Constitution "Misshaped."
Turning from his books. Mr.. Griggs
exclaimed. in imDassioned tones:
/ W ny SlOulu Lnls GOV AiilCAAt " ~
| sidered to have less freedom or acton
in this matter than other nations
WHAT clause of the constitution so COM
peIs2 Why are we so tied and bound
that we are never to secure the fruits
of victory, never TO acquire an lsland
; of the sea, a belt across the isthmus,
station for a naval base, unless at the
cost of admitting those inhaOltlng the
! soil full rights as citizens OF the United
States. whether they be cannibals "
savages. granting them the glorious
: u.otentiality of being a part OF the peo-
ME of the United States? Did our fore
fathers hamper US like that2 II so TINS
constitution is misshapen as Richard
the Hunchback,' sent into this Worlo
before his time. scarce hatI mace up
and at that so lamely and un1ashloh-
ably that nations laugh at US as we
halt by.
Quizzed by Justices.
Justices Brewer and Harlan asked a
number of questions. Justice Brewer
asked if the attorney general held tnaI'
as congress extended the constitution
and laws to the organized territories
congress could also take them away
from the territoriesE
Mt C;riggs answered that this was a
most serious question, but ne thought
it safe to say that when the laws were
once extended to territories an lnYlola-
BILE contract was created and could not
be broken
: Justice Harlan asked the attorney
general to state, later on, TO what eX-
: tent congress could impose tarlH TO
be collected against goods coming from
, New Mexico, Arizona and Alaska. JUS
tice Brewer also reminded Mr.. Grlggs
that Oklahoma was not included in the
treaty taking in the Louisiana and
Mexican territory, and was an appaF-
ent exception to the rule stated by the
attorney general
EIr. Grfggs 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, remit
thing 10 Porto Rico certain duties col
Iected under existing law This. Mr.
Griggs declared, was an assertion by
, both branches of the present congress
/ that the tariff act, which was the eX-
listing law operated against Porto
Rico
: Right to Exempt Territories.
Justice White asked the attorney gen
[ 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 did so claim; in fact, the territories
l had been for years exempted from in
ternal revenue and direct taxes.
r The attorney general referred to the
: celebrated case of LOughborough VS.
Blake, whereupon Justice Harlan, read
, ing from that decision. asked Mr.
} Griggs what Chief Justice Marshall
meant in saying: The power to lay
and collect duties, imposts and excuses
may be exercised and must be eXer-
/ cised throughout the United States"
Mr.. Griggs said that throughout the
United States referred TO the states oil
: the Union, but Justice Harlan pointed
out that il referred also to the District
of Columbia and the territory west OF
| the Missouri.
! Mr. Griggs closed his hours
speech with an eloquent peroration.
4 am here in d feeble and humble
tive and legislative branches of the
government in dealing with these mo-
r mentous questions. Throughout / have
, felt a serene confidence that nothing
, have advised, nothing the government
! has done, has been without it's prece-
! dents and forerunneTs from the most
/ illustTiOus of our forefathers, from JEFF
ferson, Jackson, Madison. Gallatin and
j from the great chief justices Of the
! past; that nothing has been done but
. which tended to the great exaltatiOn
and extension Of our country and the
Improvement of the people coming un-
der our control
Instead of seeking strict and narrow
constructions, he said, the powers OF
r the executive and legislative branches
! had been so construed as to give them
/ a wise and safe discretion, so that the
day would be FASTENED when the Unit
ed States might give to these new peo-
7 pies self-goVernment, and to some OF
= them, PERHAPS, a place in the galaxy OF