The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-01-26

{ Before taking up the .sne of MS GFs1
meat he made reply TO question b!
: Justice White as 10 the meaning oi
the words the territories rs used
( by Chief Justice Marshall in Lough
( borough case. He said in that con
( nection that the power OF Congress:
/ over territorv does not cease wheT
! 1t is organized and brought under the
/ United States. but that he did reoog
nize that there is a distinction n tbs
control under different circumstances
Discussing the constitutional pro
I vision for uniformity in the matter OF
I taxation. Richards said that provision
was inserted 10 remedy the divers and
/ conflicting claims OF the different
states comprising the union in mat
I ter OF the revenues. and was never
meant 70 apply TO a condition like
that which now confronts the country
/ in connection with It's insular posses
sions.
Justice Harlan interrupted the ar
gument OF the solicitor general as &c
the rights of states TO ask if. in his
opinion Congress might prohibit trade
between Porto Rico and the United
States and might prevent the people
of the island from coming to this
country. Richards said emphatically
that in his opinion it had the right.
Later Justices Harlan and Brewer
asked questions which brought out
the statement that the constitutional
limitation of equality of taxing power
lies only as between the states and
not between territories.
The solicitor general said Congress
could legislate duties for New Mexico
and Arizona. provided rights of citi-
zens were not impaired. which caused
Justice White TO ask if there could be
such rights without there having been
citizenship. The solicitor general fur
ther said he believed Congress could
sell the Philippines whenever it saw
nj.
Attorney General Griggs Concludes.
In the course of his address Attor-
ney General Griggs said:
Barring the stipulations of ts5aty
and the construction of personal rights
there is no difference between the
status of Porto Rico and Oklahoma.
New Mexico and Arizona. Congress
has the right to govern, tax and alien
ate any of its territory, and should
this country be overcome by war it
might be the wisest course, and no
one could criticise the right of the
United States TO withdraw its sover
eighty from any of its territory.
How Congress may deal with the
territories is political question under
the Constitution Under such widely
varying conditions as exist in this vast
country Congress must have discretion
to create legislation which will meet
with varying conditions.
There is a vital question here. If
we cannot govern the people of new
territories according to their customs.
then this country will not take any
erning except under the laws of the
union as it now exists.
The right to govern territories is
an inherent right, not an implied one.
1t is in the constitution So is the
power of Congress to tax with the
three limitations which are provided
Congress may even choose the articles
which may be taxed. Porto Rico's
nues derived from imports are al.
lowed to be taken by the people for
the support of the government. Never
before was there such liberality on
the part of government"
While the attorney general was
discussing the rights of Congress TO
levy taxes, Justice Brewer interrupted
to ask if, in the opinion of the attor-
ney general, it was in the spirit and
letter of the constitution to have one
tariff rate in the states and another in
the territories. Griggs was emphatic
in his belief that it was.
JUSTICE Whlte stated case. viz:
The setting aside of free port on the
Atlantic seaboard through which
goods might be distributed to the
states, and asked II that might be
done. Griggs said that at such a port
in territory it might but il would
be an abuse of power
Justice Harlan returned to a point
he had brought into the solicitor gen.
erals address-the right to prohibit
trade between the islands and the
states. The attorney general held
that this was in the absolute power of
Congress. By creating reservations
and by reserving islands in the North
Pacific the government, he said. had |
shown that 1t could prohibit traffic and |
the movement of persons wherever IL |
saw MT