The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-01-12
PORTORlCAN CASES
Attorney General Criees Concluded Ar.
sument for Government.
FORMER SECRETARY CARLISLE
Made Comprehensive Speech for the
Appellants.
He CHARGED THAT THE PRESIDENT
Has Persisted In Dlschareins The Dulles Of
Congress-
SINCE SIGNING OF THE PEACE PROTOCOL
Porto Rico Not Foreign Country aud
Goods Coming from There
Are Not Imports.
Has Persisted In DIschareins The Dulles Of
Congress
SINCE SIGNING OF THE PEACE pRoToCO

Washington. January ll.--Attorncy
General Griggs resumed his argument
before the supreme court OF the United
States today continuing his statement
of the position OF the government as to
the rule of uniformity in tariff and in
ternal revende taxes, He insisted that
the application OF the internal revenue
laws TO Porto Rico would be unwise aud
in many places Improbable
n rule of uniformity in internal taxes,
he said, could be established when 70
be applied TO contiguous States, as the
States were governed by similar laws aud
similar conditions. But when 1t came TO
apply these taxes TO widely separated
territories inhabited by polyglot races
a wide discretion was necessary. and to
cndeayor to apply system of internal
taxes would be rsdher applying straight
jacket than a constitution, Continuing.
he said congress should have discretion
10 impose only such taxes ms the people
could bear We have been so long az
customed 10 regard the United States
according to .ts old lines, said MIR.
Grggs, that it is almost a wrench 10
cVhA4aer that there IS now United
States territory within the Arctic circle
ana In the Islands OF many seas. This
expansion should result in II large com
prehension OF the duties and necessities,
and the impossibility OF enforcing an
iroDclad rule OF uniformity everywhere
should be borno in mind.
AS to Internal revenue duties. he said
there was never an objection 10 the ac-
tion of congress IN falling TO extend tho
internal revenue laws In the action OF
Hawaii when the local laws wore left
in force there was then not n single OBJ
lection raised IS TO the constituSlouallty
OF the proceeding The varying taxes
which states may lay. In the opinion OF
the attorney general indicated that con-
gress had similar power to vary taxes.
The attorney general reviewed the his
tory OF the internal revenue legislation,
providing hrst taxes on distilled spirits,
only to States, and subsequent set eN-
tended the provisions TO the Territories.
Subsequent similar legislation referS TO
the States and Territories and the Dis-
trict OF Columbia. In the Alaska legis-
lation il was cited that the internal rev
enue laws were NOT extended at iirst and
when excise laws were executed not all
OF such duties were made applicable
Referring TO the fact that there were
different rates OF taxstion applied TO
the indians the attorney general said
there was no warrant in one rule for q
tribe of red men and another for race
OF brown men. or race of black men.
As TO the future he sid. we must con-
slider the possibility. not the probability,
OF tho acquisition OF Egypt. the Soudan.
Central Africa, China or a spot in the
Antarctic circle and the classes OF peo-
plo who may at any future time be en-
titled TO citizenship. The powers OF con-
gress to legislate were amply sufficient
TO permit the settlement OF all such con-
tinGencies.
The attorney general concluded by in
S sting that no private right would be
conserved, but thai the right OF tho gov
eminent Will be hampered by the success
OF the contention OF the plaintiffs
Hon John G. chrlisle, chlef attorney
for the plaintiffs followed Mr.. Griggs.
He began by Swing that he woGia Eot
disnus5 questions OF policy. a. they be-
longed TO another forum. The questions
were to BE- settled only on the constir-
tlon lie SID he had been as yet m tble
to flrm an opinion as 10 the exact e0n-
tention o. the government. First, how
ever. M believed the contention was that
the loland of Porto Rico did not become
q part OF the United States either on the
siguluc OF the protocol or the ratification
of the treaty % Paris, so that there WIS
n condition existing which placed the
is snds under The general protection ana
juriglic len OF the United states with
certain limitations during a period be-
tween the acquisition CT the territory
fnd the passage OF laws by congress and
the island might be governed 10y the pres
ident subject to the laws OF war, and
that the island aid not become a part OF
the United States until admitted by con-
gress ana until such time congress may
ID glslste for the islnds. From this Il
IS argued he said taat, not being a part
OF the United States congress has a
rlrhi to say what taxes may be levied
end collected,
Mr. carlisle nrst took up the conditions
which led t. the taking OF the Islands
nd read from he pFoclimat ops OF GEN
erals Miles and Wilson to show that the
occupation was meant to be permanent.
Tse eesslor bv Spain. he said. was com
pete. and had been acknowledged by all
notions.
Justice White asked II the president
m ght acquire ierrlt9ry without the con-
aent n the tire ityrmakinE mower. but Mr.
Carlisle fald he was arguing that peace
Was ordered after the SHINING OF the pro-
tocol. that there was then no war. aud
t1et the pres nent couin only create
de fseto government and have It gov
erred
While Ire constitution iB,osed the
duty up-n CONGRESS o. REGULATING com
meree ya' since the signing OF the peace
protocol the prs dent he said hes ex-
ereised tire powers OF asseFs'ng duties
ami carryi-s o.t sll tire duties o. con
grrss NJ Carlisle said the real question
vas not whether the constitution extend
ed n ire lnha2itspts Of Porto Riro but
wHetrer It extends over the congress
tho president and the cabinet.
On the pom that the Territories were