The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-10

That Congress Must Enact specific
Legislation in Order to Make 1t
n Part of the United states.
The argument Of the Porto Riean Tariff
! cases was continued in the Supreme Court
today. Solicitor General Richards, repre-
senting the Government, continued his ad-
dress. begun yesterday. He referred TO
the suggestion, made yesterday by Justice
White. that there was a difference be-
tween the Territories IN which there
are governments organized and ''tha ter
ritory' the disposition Of which Is given
TO Congress by the Constitution lie did
not recognize, he said, that when a gov
ernment was originated By Congress Its
power over 1t ceased.
There are four senses, he continued, in
which the term the United States might
De used: The people. tie sovereignty, the
states, the District Of Columbia ard the
| Territories which Congress has seen fit
20 treat as part Of the United States and
all the territory under the dominion OF
the United States wherever situated and
/ whether organized or not The Govern
menU's claim was that newIy-acauired
territory does not become part Of the
United States until SO ordered by Con-
gress.
Resuming the thread of his argument
where broken by adjournment yesterday,
the Solicitor General quoted from the de-
cision in the early case of Hepburn against
i Ellzey, when Chief Justice Mar3haH said.
! The word State is used IN the Consti-
4 tuition as designating a member of the
Union The uniformity clause in the
Constitution relating to the imposition OF
duties and excuses, he said, was a geo
I al
composing the Union The provisions re-
lating to Interstate commerce, naturaIi-
zation, and bankrupt law we're also lin
tied in their original intention, as stated
by Madison in the --FederaIist, TO the
States.
Other provisions of the Constitution
were quoted by Ar. Richards. which. he
also asserted, were applied only to thu
states Recent acts had properly been
extended to the contiguous Territories
which Congress had seen fit IN its discre-
ton 10 treat as part of TIE United Stat s.
one CT these provisions was that stating
that the President during his term of Of
nee should net receive in addition 70 his
stated compensation any other emoIumsnt
from the United S.ates or any OF them
showing, said Mr. Richards, that States
alone were IN mind
Justice BEewer-Do you held that a
Territory could increase his compensa-
| tom
Mr. Richards-Not at all. The spirit of
the Constitution forbids IT. = Territory
can do nothing except whar is permitted
| by Congress, being under its jurisdiction
and control.
Justice Brewer-Can Congress, then,
rule or govern a Territory without re-
/ strainr or Imitation
| Mr. Richard-I utterly deny that Con-
gress acts only under the restrictions ap-
pIicable 10 the case. but what these are. in
| my opinion, shall point out later.
| sIr- Richards quoted Chief Justice Mar
/ shalls declaration in the case OF Iusur-
ance Companies vs. Canter, that while
admiralty Jurisdiction can be exercised
/ only by courts in the States established
| pursuant 10 Article III OF the Con
| stitution, The same Limitation does lot
apply 20 the territories" And this doc
| trine, he said, had been approved by a
/ long lire CT cases, including some Of re-
cent date, decided by justices Waite,
Matthews Bradley. Harlan, and Cray
Coming then 10 the question: Are there
then no limitations on this pIenary power
| Of Congress TO govern the territories The
Solicitor General, again admitting that
| there are such limitations, said:
| The difficulty Of a clear conception Of
| the important question II these eases has
| been increased by the use of campaign
| eatehwords, OF political phrase The Con-
| ohi-tlAS4t LJ+tThS Inc L1S Is one OF ll2Se-
| II is used to make people believe that he
Government is contending that the
| President and Congress in
! dealing with the Few possessions
avowedly act outside Of the Constitution;
that the Government claims the Ccnstitu-
tion stays here within the United States.
| leaving the President and Congress pow
er unlimited and despotic in the new pos
sessions. This claim IS designed 10 put
both the President and Congress in 4 pc
siJion obnoxious TO a Iiberty-lOYing peo-
pie The position is one they have never
| taken and do not now occupy
Both the President and Congress con-
cede, as I understand it. that they have
! no power except under the Constitution
| and that they are subject in the exercise
| Of their Power TO every limitation proper
| " applicable. The Constitution and the
/ fag SO together. Wherever the flag ffss
| IS the symbol of the sovereignty of this
| country It IS raised BY the authority ere
| lted and existing under the Constitution
1T floats IN the Philippines by virtue
Ct the war and treaty making power
through which we have acquired that ter
| ritCry. 1t was raised in Porto Rico under
/ the same authority. II waves there now
as the symbol of the sovereignty OF the
| Republic over rIghtfuIIy acquired terri
! terry which the Constitution expressly
entrusts 70 the regulation AID DISPOSE
ton OF Congress
| The Constitution is in force IN the
| philippines and IS in force in Porto Rico
! 5Ct not ali of its provisions Only those
! provisions operate IL these new possessions
| ahlch the trainers OF the Constitution IN
| tended should apply
| Opposing counsel speak CT the Constf-
| lutiOn as If all its limitations apply every
| s. here throughout the scope Of Ehe authorf-
! Y Of the Government 1t creates. This is
| lot true.
| The governing unit. composed of the
| states, possesses and exercises dominion
| over the Territories, subject only 10 the
| applicable restrictions and limitations of
| The Constitution. All the provisions of
| he Constitution do not and cannot have
| Uniform operation both within the States
and Territories whose political status and
| relation TO the governing body are so
, widely different
THE SALARIES OF JUDGES.