New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-12-19

ton involved AS stated by the Attorney-Ge
eral the point is this;
First-That the tariff act Of 1s97was intended
not part Of belonging To the United States
at the time of its passage, and the subsequent
cession of the Spanish islands to the United
States did not operate to admit imports from
those islands free Of duty under that law
SecOnd-That the tariff act construed ana
enforced violates no constitutional rule Of uni
fOrmity.
THE ISSUE sQUARELY FACED.
At the same time it should be understood
that the Acknowledgement has not in his pres
entation of the case for the Government lodged
or attempted to avoid the great constitutional
issue On the contrary, 10 has faced It boldly
and squarely. He takes IL broad ground that
in dealing with the islands ceded by Spain as
outing territory belonging to the United
States the Government has not transcribed
it's constitutional limitations powers; that
within the meaning OF the tariff act Porto
Rico and the Philippines to be regarded as
foreign countries belonging to but not forming
in a domestic sense a part OF the United States.
Continuing along this line Of reasoning. At
torney-General Griggs maintains that it Is With
in the constitutional province Of the treaty max
ing power (the President and the Senate) 10 ac-
cept the cession Of foreign territory upon such
terms. conditions and limitations as to its in
ternal status as may best subserve the interests
of the United States. and it is not necessary
to invest such territory with the full status
of an integral part of the Union; that this
is one Of the ordinary and necessary SOW
ereign powers of an. independent nation. and
/ nothing in the Federal Constitution or in the
fundamental principles that underlie the Re-
public denies to the Nation right to take fun
exercise of this usual and common sovereign
right; that the treaty making power (the Presi-
dent and the Senate), as evidenced by the Ian
guage of the Treaty of Paris. did not intend to
make Porto Rico and the Philippine Islands in
tegraI parts of the United States but intended in
several particulars to reserve their final status
for adjustment by Congress-. at the same time
making peculiar and special differential pro-
visions for variations and exceptions in customs
/ and port regulations as to Spain and Spanish
goods and subjects which are inconsistent with
| the intention that the ceded countries became
upon the ratification OF the treaty part OF the
United States in all respects and in the fullest
sense.
FOREIGN COUNTRIES" AND THE TARIFF
| The government contends that the term for
eign countries in the Tariff act OF 1897 is TO be
regarded as having been understood by Cen
gress to be subject to the rule OF interpretation
of the phrase given by the Supreme Court in
it was held that under our revenue laws every
port ie regarded as a foreign one until ex-
pressIv established as domestic under the au-
thority and control Of the statutes Of the United
States; that the clause of the Constitution which
declares that duties. imposts and excises shall
be uniform throughout the United States does
not apply to nor govern these cases, because
the term United States" as there used means
only the territory comprised within the several
States of the Union. and was intended only for
their benefit and protection, and not for the
benefit or protection of outside territory belong
ing to the Nation that in the latter sense duties
on imports from these islands uniform
throughout the United States. because they are
uniformly imposed at every port in the United
States so that there is no preference given to
the ports of one State over those Of another
nor is any inequality between the several States
created
THE GOVERNMENTS CONTENTION.
| Continuing. the Attorney General said.
The Government Contends therefore, that in
view Of the fact that tariff laws are in rem,
there is no principle Of justice. much less OF
constitutional restriction. which forbds Con-
gress from taxing in this way the merchandise
of outIyins, possessions of the United States
when brought into the ports OF the Union: that
the limitations Of the Constitution as 70 Gus
toms etc, were intended TO secure equality be-
tween the States in the geographical sense, aai
not to forbid Congress from exercising the
ordinary sovereign power of taxation as 70 the
products of other sections OF country not m
cludeG within the geographical boundaries cf the
States; for which rely upon the opinion OF
this court in KnOwltcn vs. Moore as decisive and
conclusive.
/ Attorney General Griggs was listened to with
marked attention by every member Of the Court
/ and was frequently interrupted by some of them
I with sharp questions. Ee spoke only about an
hour this afternoon. and will copsume the entire
/ session OF the Court tomorrow in concluding
his argument. He win be followed on Thurs
day hy Charles II. Aldrich. of Chicago, formerly
Solicitor General Of the United States. who viii
close the case for the appellants. Mr.. Aldrieh
has less than an hour and a half OF the time
allotted by Chief Justice Fuller 10 that side OF