Evening star., 1901-01-11
QUESTIONED BY THE BENCH
THE ATTORNEY GENERALS ARGU-
MENT REPEATEDLY INTERRUPTED.
Relations of the United States to Porto
Rico Discussed Distinction Be-
tween States and Territories.

In the course Of his argument before the
Supreme Court on the Porto Rican cases
| yesterday afternoon the Attorney General
said:
| Barring the stipulations Of treaty and
the construction Of personal rights there is
| no dinerence between the states Of Porto
RICO and Oklahoma, New Mexico and Ari-
zona- Congress has the right to govern
| ana tax and ALLEVIATE any Of its territory,
and should this country be overcome by
war 1t might be the wisest course and no
one could criticize the right Of the United
states to withdraw its sovereignty from
| any Of its territory.
1T must not be taken that every act
| may be repealed by another act; that every
treaty may be repealed by another treaty.
An act which grants vested rights can
| not be repealed by the simple passage Of
| another act. No one will contend that
Congress may pass an act admitting a
state and then may repeal that law and
| cast out the state.
How Congress may deal with the ter
ritories is political question under the
Constitution Under such widely varying
conditions exist in this vast country
Congress must have discretion to create a
government which will meet the varying
conditions
There is vital question. If we can
not govern the peoples Of the new terri
tories according to their customs then this
country will not take any territory which
Is not capable Of government except un-
der the laws of the Union as it now exists.
THE right to govern territory is an in
herent right, not an implied one. 1t is in
the Constitution. So is the power of Con-
gress to tax with the three limitations
which are provided. Congress may even
choose the articles which may be taxed.
Porto Rico's tariffs Of the local kind for
all revenues derived from imports are al
lowed to be taken by the people for the
support of the government. Never before
was there such iiberality on the part of the
government"
The Attorney General argued that since
the terms Throughout the United Sta;es''
were used. both as providing for the cleo
ton OF presidential electors and for uni
formity Of taxation, the same interpreta-
tiOn should be given the expression, thus
showing that Congress intended that there
should be uniformity between the states
alone.
Two Tariff Rates in the Country.
While the Attorney General was discuss
ing the rights Of Congress to levy taxes
Justice Brewer Interrupted to ask II. in the
opinion Of the Attorney General 1t was in
the spirit and the letter Of the Constitu-
tion to have one tariff rate in the states
and another in the territories.
Mr.. Griggs was emphatic in his belief
that 1t was.
Justice White stated a case, viz, the set
ting aside or free port on the Atlantic
seaboard through which goods might be
distributed to the states, and asked if
that might be done.
The Attorney General said that with such
a port in a territory it might, but that 1t
would be an abuse Of power.
Justice Harlan returned to point he had
brought into the solicitor generals address.
the right to prohibit trade between the is
lands and the states.
The Attorney General held that this was
in the absolute power Of Congress. BY Gre
ating Indian reservations and by reserving
islands in the north Pacific the govern
ment he said had shown that 1t could pro-
hibit traffic and the movement Of persons
1t saw fit.
Attorney General Griggs had not con-
cluded when adjournment was had