The news & observer., 1901-01-12
Mr.. GRlGGS FOLLOWS HIM
The Islands Not a Part of the United
States.
THEY ARE TERRITORY BELONGING THEM
Thus Argues Griggs He Contends That the
Constitution Do Not Provide For Alb
soIut4 Uniformity cf Duties I'm
der All Circumstances.
(Dy the Assoeiated Pres.

Washington, Jan. l0.-The Supreme
Court today resumed the hearing of ar
guments in the Porto Rican cases. Solici-
tor General Richards concluded the argu-
ment begun yesterday lie discussed at
some length the different uses of the
words United States" In the internat-
ional sense the phrase indicates, he said
all territory coming under the dominion
OF the United States whether organized
or not. But while he recognized sover-
eighty over unorganized' territory ne said
it did not become a part of the Union for
legislative purposes, until it is organi-
zed
The provision for uniform taxation, Mr..
Richards said, was inserted in the Con-
stitution to remedy the diverse and con-
ficting claims of the various States COM
prising the Union in the matter of the
revenues and was never meant to apply
TO condition like that which now con
fronts the country in connection with it's
insular possessions.
Replying to Justice Harlan, the Solici-
tor General said emphaticaIly that Con-
gress has the right TO prohibit trade be-
tween Porto Rico and the United States
and might prevent the people of the is
land from coming into this country
Tie constitutional limitation of equality
Of taxing powers lies only as between
the States, and not between Territories
The Solicitor General said Congress
could legislate duties for New Mexico or
Arizona provided vested rates of citizen
were not impaired, which caused Justice
White TO ask if there could be such
rights without there having been citizen
ship.
Attorney General Griggs then opened
his argument. He said his remarks al
piled especially to the construction Of the
clause of the Constitution which requires
duties, imposts and excises to be uni
form throughout the United States
The Attorney General contended that
the Constitution does not provide for alb
solute uniformity of duties under all
circumstances, 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 Con-
stitution. This power was given without
limitation and there was no reservation
Of power in the people of the terrific
ries, though there is in the people of the
States.
The power conferred upon Congress tc
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 its
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 repeal the whole form of govern
mont existing in a Territory.
Territory belonging to the United
States is kthe common property of the
United States and is TO be administered
at the common expense and for the com
mon benefit of the States united who
jointly as a governing entity, own it.
Referring to the acquisitions 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 "a
the United States, not a part of the
United States. The islands were the
things acquired by the treaty: the Uni
red states were the party who acquired
them and to whom they belong. The
owner and thing owned are not the
same"