New-York tribune., 1901-01-11
THE ARGUMENTS IN DETAIL.
PLEAS OF SOLICITOR-GENERAL RICH
ARDS AND HIS CHIEF-JUSTlCES
ASK MANY QUESTIONS.
JBY TELEGRAPH TO THE TRIBUNE.l


washington Jan. 1O-The forenoon session Of the
Supreme Court consumed by Sohciror-Generai
Richards in concluding the argument ne began
Yesterday The SoIicitor-General was again put on
the rack of questioning by the Justices to-day and
he again acquitted himself with satisfaction 70
those in sympathy with the Governments conten-
ton An unusual feature of Mr.. Richardss speech
was the extended reference he made to the recent
address Of ex-President Harrison at Ann Arbor.
Mich. in which the eX-President took strong
ground against the Governments colonial policy
The Solicitor Generals categorical enumeration OF
some OF the evils Of which ex-President Harrison
EXPRESSED fear brought from Justice Brewer-wno'
bv the way was appointed by General Harrison
this question asked in tone of great earnestness;
DO you question the wisdom OF those asser-
tions?'
Mr. Richards Iaughingly replied that he was not
dealing with that phase Of the matter so much as
with the humor Of the assertions. In his Ann
Arbor lecture" said Mr. Richards. referring TO
General Harrison. "he said that the logic OF the
Governments contention led TO the conclusion that
an esta bIished religion could be forced upon tne
people of Porto Rico and the Philippines. although
he did not say what Church Later. in magazine
article he gave a name to the Church tnat
could be so established. Now. as belong to tnat
Church (the Presbyterian could not De planned
If did not urge objection to it being established
among our new dependents
This persifage provoked a litter IN the court
room in which even the justices joined
Acknowledgement Griggs also was suoJected 70
a rapid fire of questions from the Sehch- w. w.
three or four of the justices. even including Cei
Tustica Fuller had asked several questions each.
the Attorney-General good naturediy remarked
nodding at Justice Harlan:
Il wish this thing reciprocal al'-neanlng' OF
course that he wished he was privileged 70 pepper
the Bench with questions as ne was Oelhs psp
pered After ne had devoted himself TO answering
Questions for about fifteen minutes. Attorney-Gen-
eraI C;riggs. in a tone apparently tremulous with
despair. inquired
Now may resume?
oh centafnly.' replied the Chief Justice. apollo
geticaIly.
UNIFORMITY NOT FOR TERRITORIES
One of the points brought out with special clear
ness bv the Attorney-General was that the uni
rrDtv clause OF the Constitution refers 70 States
onIv and not to Territories. Addressing himself 70
This subject he said that historical reasons 1or
the insertion OF this clause in the Constitution
proved the truth of his assertion Continuing along
this line. he said
not derived from Article 1, Section 5; PaTaSrapn 4
but from the general power 70 make All nssobSl s
rules and regulations respecting lls ~
longing TO the United States The states ~ Ine
Compact of submission to the Government organ
Ized under the Constitution Were % sIattI 80 O
nerfect equality with another The congress
tween the States or their several ports
As the Territories no such conpscI was 81 niSSS S
gress along with the power 70 soysTn them ana nm N
restricted discretion, both as TO the subjects o5
taxation and the places where II shall De IeVied
and those where il shall not be levied. AS between
the different Territories there is no compact IN
favor of uniformity Such uniformity Is not essen
tial for the protection of the states as between
each other because the Territories the common
property of all the States, and whatever Is done
as 10 territorial taxation is done by the authority
of the States and for their equal benefit
There obvious reasons OF prudence ana poncy
for requiring the revenue laws, which must pc
uniform throughout the States. 70 be uniform also
throughout the Territories. This is expressly de-
cided TO be so as direct taxes in Loughborough
VS.. Blake. For the same reasons and for others as
we'll the same is true as to indirect taxes.
The internal revenue or license laws or tarif
made for the States may be incOnvenient. oppreS-
sive unDrOhtable, impolitic for the Territories
Congress ought to possess. and we contend does
possess, the power vary its system OF taxation
according to the location conditions and circum-
stances OF the different Territories. Otherwise not
only will the Government be embarrassed and
hampered but actual injustice will be done 20 some
sections Of our possessions
1t is conceded that Congress has such power 10