The times. [volume] (Richmond, Va.) 1890-1903, 1901-01-11
Before Supreme Court in Porto Rican
Cases.
MAY PROHIBIT TRADE ENTIRELY.
limitation cf Equality
of Taxation Power Lies Only
Between The States and
Does y OF Apply 10
the Territories
at All.
l.v Associated Pr.ss.l

WASHINGTON, Jan. 1e.-The Supreme
Court to-day resumed the hearing of arsu-
,nent in the Porto Rican cases. Solicitor
General Richards concluded the argument
begun yesterday. He discussed at some
length the different uses Of the words
UNITED States" In the international
sense the phrase indicates. he said, all
territory coming under the dominion OF
the United States, whether organized or
not But While he recognized sovereignty
over unorganized territory he said, it
did not become a part Of the Union for
Legislative purposes until it is organized.
The provision for uniform taxation, Mr..
richards said was inserted in the Con-
stitution TO remedy the diverse and con-
fict!ng claims OF the various States com
prsug the Union in the matter of the
revenues and was never meant TO apply
10 a condition like that which con-
fronts the country in connection with its
inslllar possessions.
Replying to Justice Harlan, the Solicitor
General said enHphaticaliy that Congress
h2s the right to prohibit trade between
Porto Rico and the United States, ana
might prevent the people of the island
from coming to this country The Con-
.titutional limitation of equality OF taxa
tion p-wer lies only as between the States
and not between territories.
The Soicitor-General said Congress
could legislate duties for >.ew Mexico or
Arizona provided vested rights of citi-
zens were not impaired, which caused
Justice White to ask il there could be
such rights without there having been
citizenship.
UNLIMITED POWER.
Attorney Griggs then opened
his argument. lie said his remarks ap-
piled especially to the construction If the
clause OF the Constitution which requires
duties. imports and excises TO be uni
form throughout the United States.
The Attorney General contended that
the Constitution does not provide for alb
soltstc uniformity of duties under all cir
cunstances, and that the uniformity clause
of the Constitution refers to the States
and not to the Territories. The power
to govern territory, Mr. Griggs said, is
expressly conferred by the Constitution.
Thig power was given without limita-
ton and there was no reservation of
power in the people of the Territories,
thougA there is in the people OF the
States. Tae power conferred upon Con-
gress to govern Territory, he said, includes
the power to tax either by direct or in
direct methods, and Includes the Consti-
tutionaI right to lay duties on merchan-
disc imported into the United States from
LIS -IiII pcSScSS!oiio-
Both direct and indirect taxes must be
uniformly imposed on all the States.
Both may be- but need not be, extended
to the territorial possessions Congress
may repeal the whole form of government
existing in Territory
NOT PARTNERS.
Territory belonging TO the United States
is the common property of the United
States and is to be administered at the
common expense and for the common BEN
eft OF the States united, who Jointly as a
governing entity own it.
Referring TO the acquisitions of Porto
Rico and the Philippine Islands, Mr..
Grgss said:
The infa bitants of the islands are not
Joint partners with the States in the
transaction The islands are territory be-
longing TO the United States, not part
OF the United States. The islands were
the things acquired by the treaty: the
United States were the party who ac-
quired them and TO whom they belong.
The owner and the thing owned are not
the same.