The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-18
The constitutional Issue Joined.

From now on, until the Supreme Court
shall have decided the cases involving the
question: Whether the United States is
republic Altogether and everywhere, its
government deriving its powers from and
only from the Constitution or Is Ie-
public only as between and among the
component States OF the Union; and. 9TH
srwise, is an absolute, irresponsible en-
pire governed by executive and extra
constitutional legislative authority; the
American people viii watch the proceed
fngs before that tribunal of last resort,
and await their result with deep ana SOL
emn interest.
The bali was opened yesterday with ar
guments pro and con in the Goetze. Porto
Rico. case Readers are already familiar
with the contentious of the appellant, the
principal one Of which is that Porto Rico
became IN integral part Of the United
States on the instant Of its cession. Hence
that the constitutional provision that "all
duties. imposts, and excuses shall be uni
form throughout the United States ap-
piled to It; so that its domestic commerce
with other parts of the common country
could not be lawfully taxed. The appel
liant was compelled TO pay duties on goods
shipped to New York from Porto Rico,
after the eession, and seeks recovery.
We are much more interested in the
argument set up by Mr.. Attorney General
Griggs on behalf of the Administration
than in yesterdays presentment of the
other side, the Ian ana logic Of which are
we'll known Mr.. Griggs is to be con-
graduated for coming right out into the
open and going the whole length of the
Hanna McKinIey position It must be said
that his theory of our Constitution and
Government is as novel as it is startling
II is not one which attempts to ninee
matters; but boldly goes TO the point and
holds that the Constitution does not and
never did apply to Territories, organized
CT otherwise. and that any rights SINH
lar to those guaranteed to real States and
citizens by the Constitution, which such
territorial divisions or possessions may or
can enjoy, result solely from the gratIii-'
tous and unnecessary grace OF Congress.
If the Supreme Court should adopt the
view Of he Attorney General, it is plain
that Americans generally have been sadly
mistaken IN the nature Of the institutions
under which they have supposed them
selves to live. or else that startling rev.
clution in those institutions has been ac-
eompllshed. Under the Griggs contention,
= native-born American resident Of the
District of Columbia may be taxed on bis
imports from Baltimore; may be denied
jury lrial and the babeas corpus, and ev-
cry other right and privilege the birth
right Of State citizen, except as he and
MS Ron-citizen neighbors may have been
endowed with them By act of Congress. AS
far as the Constitution Of the United States
is Concerned they are originally as bare Of
civil rights as the inhabitants of the Phil
ippines and of Guam are today. And be
it noted that, since they are protected only
ny ordinary Congressional legislation. at
any tiEle they can be relocated to their pri-
nal rightIess condition by the repeal OF
that legislation. The GTiggs argument.
carried to its logical conclusion. you'd
make it competent for Congress to pass a
bill dspriving Arizona of civil government, /
and placing it under the sole authority of
the President, or whatever is TO be the IL !
tie Of the presiding officer Of the new
Executive Empire. We are not ready to !
believe that the Griggs construction of the |
Constitution, aad Of civil aud citizen /
rights under il, Is likely to prevail with /!
the Ulited States Supreme Court.