The sun. (Wilmington, Del.) 1897-19??, 1901-01-11
THU PORTO kNAN CASE
Attorney General Griggs Addresses
the Supreme Court.
IN BEHALF OF UNCLE SAM.
Declares That Porto Rico md the
Philippines Arc Territory Be-
longing to, Not Part of,
the United States.

to be supplemental to those sub
lnitted in the cases involving similar
questions which have heretofore been
argued. His remarks would apply espe.
cially to the construction of the clause of
the constitution which requires duties,
imposts and excuses to be uniform
the United States. Before
with his argument the attor-
ney general took up what he characterize
ed as the misapprehension concerning his
position on these questions. Defining his
position, he said:
In the Goethe case / referred to the
contention of the appellants
that the government of the United States
is one of delegated powers and that its
powers are moi absolute and untrammel-
ed, but subject to certain limits never
and nowhere 10 be transcribed stat
cd the position Of the government to be
that the United States has been vested,
not with all powers, but only with GER
tain particular powers. These particular
delegated powers are in some respects
limited and confined in scope and opera
ton, but in other respects they are en-
tfrely unlimited. | asserted that the
contention Of the government did not i'm
ply the possession by congress of all I'M
limited and despotic powers in the gov
plnment of territory. | declared that in
this respect nothing further was meant
Or intended by the attorney general than
was meant by this court when il declared
he power Of congress over the territories
10. be general and plenary Or when i de-
Jared. through Mr.. Justice Bradley in
he Mormon church case, that in legis-
hitting for the territories congress would
doubtless ID subject to those fundamental
limitations i'll 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
Taxes.
Taking M the question of taxes, the
attorney general contended that the con-
stitution does not provide for absolute
uniformity Of duties under all circuli-
stances and that tile uniformity clause Of
the constitution refers to the states and
not to the territories. In support of this
latter point he said:
THE states by the compact of submis-
sion to the government organized under
flo constitution wore Il, Stand on a upr-
fe,t aouality with nach other, The con
.ross w,s forbidden "a exercise any dis
,.,;n,;nation hotwean Tho states or their
savar,l no,ts
las 10 the territories no such compact
was m,ae The full no,yer az taxation
v.as confnrred IN congress along with the
power to govern them, and i'll the eNcr-
lisa ~ the newer congress possesses IN.
r,.tr;ntod discrnt;on botb os III tbn sub.
iects 81 tayotion mud the nlaces whore il
shall he Levied and those where if shall
not be levied.
las between the different territories
there is no compact in favor Of uniform,
ity. Such uniformity is not essential for
the protection Of the states as between
each other because the territories are TIE
common property Of all Of the states, and
whatever is done as to territorial taxa
ton is done by the authority Of the states
and for their equal brnctit,
Congress ought 70 possess, ANA We
contend does possess, the power TO vary
its system Of taxation according to the
location. conditions and circumstances 81
the different territories
.otherwlse not only VII me govern
ment he embarrassed and halnpcreh. bu'
actual injustice VIII DC done 10 some see
tions of our possessions
The power 10 govern territory, Mr.
Grlggs SAID, y expressly conferred by th'
constitution. Inns power was gwen with
out limitation, ana there was no rrsrf
walton Of power II the people Of The ter
rlorieS. though there IS III tn" people Q
the states.
On the subject OF ne government Q
~ t'tli.'lN ~ ny h''g ~ o'"'es "