The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-12-21
THE UNITED STATES.
QUESTION AS TO WHAT TERRITORY
THIS TERM EMBRACES
ARGUMENT IN SUPREME COURT
By the Attorney General of the Case
Involving Status OF Porto Rico and
the Philippines-Asked by the Court
tor His Views as to Distinction Be-
tween Organized Territories and Un-
tions Put to Him by the Justices.

tions Put to Him by the Justices.
Washington, December 19.-The Unit
ed States supreme court again was
hear the concluding arguments in the
case involving the status of Porto Rico
and the Philippines.
Attorney General Griggs, concluded
the presentation of the governments
case, celebrating the points he enun-
ciated yesterday. One of these was the
distinction between organized territories
and unorganized territory under the ju-
risdiction of the United States.
Justice Brewer had asked the attor-
ney general to make clear his views
on this distinction. Mr.. Griggs took up
territory after territory, showing in
each case that it came under operation
act of congress specifically extending
the laws to the territory and not ex
proprio vigore. He said that while
Rhode Island and South Carolina stood
outside of the Union they were treated
as foreign states, and when they ulti-
mately assented to the union, congress
passed a law extending the revenue
laws to them.
In the case of Louisiana, the attorney
general pointed out that all the decla-
ratiOns of Jefferson were to the effect
that in order to come under the opera
tiOn of the laws Of the United States
those laws must be explicitly extended
to new acquisitions. Jefferson select
ed certain acts to be Immediately ex-
tended and others to be extended from
time to time as might be found practf-
cable.
The attorney general directed atten-
tion, in the instance of the acquisition
of Florida, to the fact that three Amer
lean statemen, Monroe, John Quincy
Adams and Andrew Jackson, each of
whom was elected president of the
United States, united in declaring Of
ficialIy- that the constitution did not
apply of its own force to territory new
ly acquired by this nation, by virtue of
the act of acquisition, but that such
extension must be accomplished by the
action of congress.
Mr. Griggs also specified the terri
torial organization of Oregon, Missouri
Montana and Wyoming, in each case
showing that congress specifically eX-
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 territor-
ies," and to every territory hereafter
oganized," but the act went no further
than "organiZed territories" and could
not be interpreted to mean that ex-
panse of country entirely unorganized.
The Guano islands were cited in sup
port of the proposition that territory
may belong to or be under the jurisdic-
tion of the United States without being
part of the United States. Over sew
enty different islands. keys, and groups
of islands have thus been taken posses
sion of and made, for such special pur-
poses, the property of United States.
They enjoy certain privileges under
the law, and the United States supreme
court has recognized their status, but
they are not part of the United States.
Justices Brewer and Harlan asked a
| number, of questions. Justice Brewer
asked if 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 a
most serious question, but he thought
| it safe to say that when the laws were
| once extended to territories an inviola-
| 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 a tariff
| to be collected against goods coming
| from New Mexico. Arizona and Alaska.
| Justice Brewer also reminded Mr..
| Griggs that Oklahoma was not includ-
| ed in the treaty taking in the Louisiana
| and Mexican territory, and was an ap-
| parent exception to the rule stated by
| the attorney general.
| Mr.. Griggs said that congress, at it's
last session, in effect, declared that the
| existing tarin laws were applicable
against the goods Of Porto Rico. This
was in the act of last March, remitting
! to Porto Rico certain duties collected
under existing law" This, Mr.. 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 gen.
| eral IL he claimed that congress could
| so exempt territories from the laws as
to give them privileges not enjoyed by
/ the states.
Mr.. Griggs respondeda[hat he did so
claim; that in fact the territories had
| been for years exempted from internal
revenue and direct taxes.
| The attorney general referred to the
| celebrated case of Loughboroug versus
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 exercis-
ed. 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 to the District of
Columbia and the territory west of the
| Missouri
1 tiff In the Philippine case tomorrow