The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-11
CAN TAX AT WILL.
Griggs Says Congress Has UnIi-
mfted Power Over Territories.

Washington, Jan. 11.-Solicitor Gen
eral Richards resumed his argument in
the Porto Rican cases when the SUI
preme court convened yesterday. Before
taking up the line Of his argument he
made reply to a question by Justice
White as to the meaning of the words
the territories" as used by Chief Jus
tice Marshall in the LoughborougL
case. He said in that connection that
the power Of congress over territory
does not cease When it is organized and
brought under the United States, bit
that he did recognize that there is a dis
tinction in the control under the differ
ing circumstances.
The solicitor general then discussed at
some length the different uses Of the
words United States The first use de-
fined was that in which sovereignty is
expressed and in that sense he said the
words refer to the area occupied by the
people who participated in the func
tons of government.
Another use was that IN the legisla-
tive sense, in which sense the words
were used to indicate the states and ter
ritorleS as regarded by congress for leg
islative purposes. Then there was an
international sense in which the words
could be used. In that sense the phrase
indicates, he said, all territory coming
under the dominion Of the United States
whether organized or not. But while he
recognized sovereignty over inorganic
ed territory he said it did not become a
part of the union for legislative pur-
poses until 1t is organized.
Discussing the constitutional privi-
legeS in the matter of taxation, Mr.
Richards said that provision was in
serted to remedy the divers and con-
f1icting claims of the various state COM
panies in the matter of revenue and was
never meant to apply to a condition like
that which now confronts the country
On ion 17r
sions.
when Mr. Richards concluded Attor-
ney General Griggs addressed the court;
he said his remarks were intended to he
supplemental to those submitted in the
cases involving similar questions which
have heretofore been argued. His re-
marks would apply especially to the
construction of the clause of the con-
stitution which requires duties, imposts
and excuses to be uniform throughout
the United States. Before proceeding
with his argument the attorney general
took UP what he characterized as the
misrepresentation concerning his position
on these questions He said there were
numerous erroneous statements in the
brief Of the appellants in the Armstrong
case and he quoted some of them, then
giving his Interpretation of his own re
marks made in the previous presenta-
ton of the subject. Defining his posi-
ton he said: In the Goetz case. I re-
1erred to the undfsputed contention CT
the appellants that the government of
the United States is one of delegated
powers and that its powers are now alb
solute and untrammelled, but subject D
certain limits never and nowhere to be
transcribed.
II stated the position of the govern
ment to be that the United States has
been vested, not with all powers, but on
~ with certain particular powers. These
particular delegated powers are in some
respects limited and confined in scope
and operation, but in other respects
they are entirely unlimited. I asserted
that the contention of the government
did not imply the possession by congress
Of all unlimited and despotic powers in
the government Of territory. I declared
that in this respect nothing further was
meant or intended by the attorney gen.
it declared the power of congress over
the territories to be general and plenarv,
or when it declared. through