Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-01-10
GRIGGS' ARGUMENT
Speaks for the Government in Porto
Rican Cases.
INTERPRETING TIE CONSTITUTION
Claims That instrument Gives Pow
or to Impose Tariff.
MEANING OF UNITED STATES

Solicitor General Richards resumed his
argument in the Porto Rican cases when
the United States Supreme Court convened
today. Before taking up the line Of his ar
gument he made reply to a question by
Justice White as to the meaning of the
words 1.-The territories used by Chief JUS
tice Marshall in the Loughborough 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, but that he did recognize
that there is distinction In the control
under differing circumstances
The solicitor general then discussed at
some length the different uses Of the words
UNITED States" The first use defined was
that in which sovereignty is expressed, and
in that sense he said the words refer to the
area occupied by the people who pactic'-
pated in the functions of government.
Another use was that in the legislative
sense, In which sense the words were used
to Indicate the states and territories as re-
garded by Congress for legislative pur-
poses 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
But while he recognized sovereignty over
unorganized territory, he said. 1t did not
become a part Of the Union for legislative
purposes until it is organized
Discussing the constitutional provision of
the uniformity in the matter Of taxation,
Mr. Richards said that provision was in
serted to remedy the diverse and conflict
ing claims of the various states comprising
The Union in the matter of the revenues,
and was never meant to apply to condi-
ton like that which now confrontS the
country in connection with its insular pos
sessions.
The Attorney General Begins.
When Mr.. Richards concluded his argu-
ment in the Porto Rican cases before the
United States Supreme Court today At
torney General Griggs addressed the court.
He said that his remarks were intended to
be supplemental to those submitted in the
cases involving similar questions which
have heretofore been argued. His remarks
would apply especially to the construction
Of the clause of the Constitution which re-
uures duties, impoSts and excuses to be
uniform throughout the United States. Be
fore proceeding with his argument the At
torney General took up what he character
lied as the misapprehension concerning his
position on these questions. He said there
were numerous erroneous statements In
the brief of the appellants In the Arm
strong case, and he quoted some of them,
then giving his Interpretation of his own
remarks made in the previous presentation
of the subject. Defining his position he
said:
I'm the Goethe case 1 referred to the I'M
disputed contention of the appellants that
Thn of
one of delegated powers, and that its pow
ers are not absolute and untrammeled, but
subject to certain limits never and no.
where to be transcended.' l stated the po-
sition of the government to be that the
United States has been vested, not with
all powers, but only with certain particular
powers. These particular delegated pow
ers are in some respects limited and con-
fined in scope and operation, but in other
respects they are entirely unlimited. l as
serted that the contention OF the govern
ment did not imply the possession by Con-
gress of all unlimited and despotic powers
in the government of territory. 1 declared
that in this respect nothing further was
meant or intended by the Attorney General
than was meant by this court when 1t de-
clared the power Of Congress over the ter
ritories to be general and plenary, or when
1t declared, through Mr.. Justice Bradley,
In the Mormon Church case, that In legis-
lating for the territories Congress would
doubtless be subject to those fundamental
limitations in favor of personal rights
which are formulated in the Constitution
and its amendments, but these limitations
would exist rather by inference and the
general spirit Of the Constitution than by
any express and direct application of its
provisions"
Refers Only to the States.
Taking up the question of taxes the At
torney General contended that the Consti-
tuition does not provide for absolute uni
formity of duties under all circumstances.
and that the uniformity clause Of the Con-
stituton refers to the states and not to
the territories. In support Of this latter
point he said:
THE states, by the compact of submits
sion to the government organized under the
Constitution were to stand on a perfect
equality with each other. The Congress
was forbidden TO exercise any discrimina-
ton between the states or their several
ports.
LAS to the territories no such compact
was made The full power Of taxation was
conferred on Congress a.ong with the power
to govern them, and in the exercise of the
power Congress possesses unrestricted dls-
erection both as to the subjects OF taxallon
and the places where it shall be levied and
those where 1t shall not be levied.
LAS between the different territories
there is no compact in favor of uniformity.
Such uniformity is not essential for the
other because the territories are the COM
mon property of all of the states, and
whatever is done as to territorial taxation
is done by the authority of the states and
for their equal benefit.
Congress ought to possess, and we con-
tend does possess. the power to vary Its
system of taxation according to the loca-
ton, conditions and circumstances Of the
different territories. Otherwise not only
will the government be embarrassed anu
hampered but actual injustice will be done
to some sections of our possessions.
Government of Territory.
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 reservation
Of power in the people of the territories,
though there Is in the people of the states.
ION the subject of the government of the
territory of the United States the states
reserved nothing; they granted the power
to make all needful rules and regulations
respecting it, Then he drew the inference
that the power to govern territory. which
is absolutely conferred upon Congress, in
cludes the power to tax either by direct or
indirect methods. This right was absolute.
but not despotic, and Mr.. Grggs commended
that it included the constitutional right to
lay duties on merchandise imported into the
United States from its insular possessions.
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