The Portland daily press., 1900-12-20
Preteients against Ex PrOpriO
Vigore Position.
Laws Always Extended
to Territories.
Why Should This Nation Have
Less Freedom Than Others.

/ Washington, December l9.-The Uniteu
+ States Supreme Court again was crowded
to Its full capacity today to hear the con-
Guiding arguments In the cases involving
the status of Porto Rico and the Philip
pines Attorney General Griggs, who be-
gan the governments presentation yes
terday, had four hours remaining aud
/ the indIcations were that he would con-
sumo practically the entire day, leaving
/ the close by Charles Aidrich on the
I Philippine case to be presented tomor-
row. The attorney general elaborated
+ the points enunoiated yesterday. One
1 OF these 20 which spec.al attention was
/ given was the distinction between orga-
/ nixed territories and unorganized tsrri-
/ tory under the Jurisdiction of the United
4 States Justice Brewer has asked the
attorney general to make olea- his views
/ on this distinction. Mr.. Griggs took
! up territory after territory showing In
each case that 1t. the territory came
under the operation of the laws of the
United States by an act OF Congress
specifically ending ths laws to the terri
tory and not ex proprio vigore. He said
3
/ lima stood outside OF the Union they were
! treated as foreign states and when they
ultimately assented to the Union, Con.
4 rress passed law extending the revenue
laws to them
Vermont had. prior to Its admission
as state, been a Part OF the territory
belonging 20 the United States. II the
revenue laws were applicable to the
territory OF Vermont proprio vlgore,
it was an act of superogation to extend
them to the state. In the case OF Louisi-
ana, the attorney general pointed out
that all the declar Arions OF Jefferson
vera to the effect that In order to come
under the operation Of the laws OF this
United States those laws must be ex-
pIioitly extended to new acquisitions.
jefferson selected certain acts TO be ex-
tended ana others to be extended from
the time to time as might be found
practicable.
The attorney general directed attention
In the instance of the acquisition Of
Florida, 10 the fact that three American
states men, Monroe, John Quincy Adams
and Andrew jackson united In declaring
officially that the Constitution did not
apply of Its own force to territory newly
acquired by this nation by virtue OF act
of acquisition. but that such extension
must be accomplished by the action of
Congress.
Mr.. Griggs also specified the territorial
organization of Oregon, Missouri, Mon
tana and Wyoming, In each oass showing
that Congress specifically extended the
laws to thsss territories.
Finally, as to the extension of the laws
to the territories, Mr.. Griggs said that
by ac5 OF Congress IN 1874, Congress had
expressly extended the Constitution and
federal laws to the organized territor-
ies,' and to svery territory hereafter
organized" But the act went no fur
Their than organized territories" and
could not be interpreted to mean ex
pansa 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 without being part
of tina United States. Over seventy
different islands, keys and groups OF
islands have thus been taken possession
of and made for such special purposes
the property of the 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
Turning from his books, Mr.. Griggs ex-
claimed IN impassioned tones:
why should this government be con-
sidsred to have less freedom Of action
In this matter than other nationsf Why
are we so tied ana bound that we are
never to secure the fruits Of victory, new
err to acquire an island of the sea, belt
across the isthmus, station for naval
base unless at the cost Of admitting
those inhabitlnR the soil to full rights
as citizsns of the United States whether
they be cannibals or savages, granting
the glorious potentiaIity OF being part
of the people of the United States? Did
our forefathers hamper us like that? II
SO, this Constitution Is as mis-shaped rs
Richard the Hnnchback. sent into this
world before his tims scarce half made
up and that so lamely and questionable
that nations laugh at us as we halt by"
The attorney general made this COM
parison between the Constitution as IL
was sought to be construed and the mis-.
shaped hunohback in tones which rang
through the chamber and out into the
corridors.
The crowds continued to I'LL the court
room during the afternoon, among those
coming in being Senator Fairbanks
Bacon and Nelson, Representatives Nc
Call and Littiefield who, together, made
the Tight against the Porto Rico bill So
licitor General Richards. Secretary Pru-
den OF the Presidents executive stan and