The news & observer., 1901-01-13
GRIGGS ENDS HIS SPEECH
Shall President Override Constitution?
Asks Carlisle.
THE GOVERNMENT ROBsING PORTO RICO
This is the Burden Of CarIisle's Argument.
Lindsay, Of Kentucky, Follows Mr.
Carlisle in Speech For the
Plaintiff.
Plaintiff.
(By the Associated Press.)

Washington, Jan .11.-Attorney Gen.
eral Griggs resumed his argument be-
fore the United States Supreme Court
| today in the Porto Rican cases. He in
sisted that the application of the inter-
nal revenue laws to Porto Rico would
be unwise and in many place unprofit-
able. A rule of uniformity in internal
taxes, he said, could be established for
application to contiguous States, being
| governed by similar conditions, but di-
versity was the necessary rule as to
Territories because of diversity as to
geography and racial characteristics OBJ
servable in them.
I'VE have been so long accustomed
to regard the United States according
to its old lines" said Mr. Griggs, that
| it is almost a wrench to consider that
there is new United States territory
within the Arctic Circle and in the is
| lands of many seas. The expansion
should result in a larger comprehension
of the duties and necessities and the i'm
possibility of enforcing an ironcad rule
of uniformity everywhere should be
| borne in mind" N~
| The Attorney General reviewed the
history Of the internal revenue legisla-
ton, showing that the first tax on dis
| titled spirits was applicable only TO
States and subsequent act extended
the provisions to Territories The sub
sequent similar legislation refers to the
States and Territories and the District
of Columbia.
As to the future he said we must con-
slider the possibility, not the probabil-
| ity of the acquisition of Egypt. the
Soudan, Central Africa, China or spot
in the Antartic Circle and the classes
of people Who may at any future time
be entitled to citizenship. The powers
of Congress to legisate were amply
sufficient to permit the settlement of all
such contingencies.
ARGUMENT BY CARLISLE.
| Hon. John G. Carlisle. chief attorney
for the plaintiffs, followed. Mr.. Carlisle
said he was arguing that peace obtained
after the signing of the protocol and
that the President could only create a
| de faeto government and have il gov
erned While the Constitution imposed
| the duty upon Congress of regulating
commerce, yet since the signing of the
| protocol the President has, he said. been
exercising the powers OF assessing duties
and carrying out all the duties OF Con
| gress. The court had decided that n
| treaty between two powers took ef
| feet from its signature.
In this case he said the question "a
not whether the Constitution extends to
the inhabitants Of Porto Rico but wheth-
er 1T extends over the Congress. the
President and the Cabinet When
Government takes from one man more
th1.a CHI
is taking his property without due pro-
cess OF law and giving him nothing in
return.
Mr.. Carlisle undertook to show that
| both direct and indirect taxes had been
| laid upon States and Territories alike and
tariff duties had been laid upon imports
into Territories as well as States Mr..
| Carlisle said Porto Rico cannot be a
foreign country. for its courts send an
| peals 10 this body. This is therefore
| not on import tax but an export tax
upon goods sent out of these States. and
there are two specific prohibitions against
| such export duties. lie contended that
the provisions show that the tax is an
| export tax and not an import tax ana
| that it is not a local tax but a general
one. If it is true that there lies this
arbitrary power in he Constitution we
| should be delighted that 1t was not
discovered by more than one hundred
years ago. until We had great country
made OF free States and Territories.
Mr.. Lindsay of Kentucky, argued for
the plaintiff in the next OF the Porto
Rican cases. that Of JuusDhus VS. The
New York and Porto Rico Steamship Com
pany. lie said that the belief that the
Constitution was in force upon the ratif
cation of treaty or as the direct result
Of conquest was not shared by Jefferson.
Livingston and Monroe, and cited the pro-
visions in various treaties covering the
subsequent right to be conferred. upon
inhabitants. Neither treaties nor con-
quest make territory but Congress had to
egislate to give such standing.
The Congress of the United States he
said which possesses all legislative pow
er may extend the Constitution to terri-
tory and may legislate for that territory.
Gov Aycock has selected as the mem
bers of his personal staff the following;
JOS. E. Robinson. OF Wayne, Jno s. Cum
ningham OF Person. w d. Pollock, OF