The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-01-11
LAW or TERRITORIES
o,rprY OF ALL THE STATES
PhO- SAYS MIR. GRIGGs.
uFLp IN JOINT OWNERSHIP
- Such TO BE ADMINISTERED
S'D At THE COMMON EXPENSE

..o Common Benefit of the
snD Tpited-The Newly Acquired
IDS Are Territory Belonging
United states, Not a Part or
,,, inhabitants of the Islands
toint Partners in the Transac-
ton. e,o
a...b.orton. Jan. 1O.-The Supreme
+o-dav resumed the hearing OF ar
,-+s i'm the Porto Rican cases. So
s General Richards concluded the
mt begun yesterday. He discussed
length the different uses of the
omitted States in the Internal
W., sense the phrase indicates he sald'
..-ri,orv coming under the dominion
.so rnited States, whether organized
- But while he recognized sover-
.,ur+v over unorganized territory he said
o., rot become a part of the union for
,.,..i,. nurposes until it is organized.
w.. oro1sion for uniform taxation, Mr.
.i.,.r5s said. was inserted in the con-
go 10 remedy the diverse and con-
o..4,rg claims of the various states com
.,.,rr the union in the matter of the
I,,.,n,,es and was never meant to apply
-, condition like that which now con-
-. the country in connection with its
irs,llar possessions.
perlvirg 10 Justice Harlan, the solic-
..or general said emphatically that Con-
s-ess has the right to prohibit the trade
hstusen Porto Rico and the United States,
and might prevent the people of the ISL
and from coming to this country.
7,5a Constitutional limitation of equality
of taxing power lies only as between the
states. and not between territories
The solicitor general said Congress could
iseis,ate duties for New Mexico and Ari-
zon9 provided vested rights of citizens
war4 not impaired which caused Justice
Whta 10 ask if there could be such rights
without there having been citizenship.
Attorney General Griggs then opened
bis argument. He said his remarks APP
njel especially to the construction of the
clause of the constitution which requires
duties. imposts and eXcisesto be uniform
throughout the United States.
The attorney general contended that the
constitution does not provide for abso-
Int uniformity of duties under all cir
cumstances. and that the uniformity
clause of the constitution refers to the
states and not to the territories.
The power to govern territory, Mr.
Griggs said. is expressly conferred by the
constitution This power was given with
out limitation and there was no reserva-
lion of power in the people of the terri
tories though there is in the people of
the states.
The power conferred upon Congress to
govern territory, he said, includes the
power to tax either by direct or indirect
methods. and includes the constitutional
right to lay duties on merchandise i'm
ported into the United States from It's
insular possessions.
Both direct and indirect taxes must be
uniformly imposed on all the states. Both
may be- but need not be extended to the
territorial possessions. Congress may re-
peal the whole form of government exist
ing in a territory. Territory belonging to
the United States is the common property
Of the United States and is to be admin
istered at the common expense and for
the common benefit of the states united,
who jointly as a governing entity, own
it,
Referring to the acquisition of Porto
Rico and the Philippines Mr.. Griggs said:
The Inhabitants of the islands are not
joint partners with the states in the
transaction.
The islands are territory belonging to
the United States, not a part of the
United States. The islands were the
things acquired by the treaty; the United
States were the party who acquired them,
and TO whom they belonged. The owner
and the thing owned are not the same"