New-York tribune., 1901-01-11

why the limits of taxation upon the States should
States was the prime and evident object 10 be
attained. To that end were established the rue OF
conformity throughout all the States as to duties.
inposts and excuses.
THE CHEF JUSTICE ASKS QUESTIONS.
Chief Justice Fuller to-day, for the first time
since this great legal battle has been going on
questioned the counsel Attorney-General Griggs
was arguing that in the matter Of laying local
taxes Congress was unrestricted
Chief Justice Fuller-Do you think that Congress
is unrestricted by the Constitution?
The Attornev-G -General-In imposing local taxes?
Chief Justice Fuller-In the particulars named.
The Attorney General don't think, in the first
place that act OF Congress imposing local
tax for local purposes which was an avowed con-
iscation Of this property Of one person would be
constitutions imposition Of a And, the
other hand l an perfectly free TO say there may
be q practical confscaton by taxation and yet be
constitutional I don't want TO say how far tax
which distinguishes between the property of one
and the property of another might violate GER
tain inherent principles of the Constitution, and
be subject to that clause which says that property
shan not De taken without compensation.
As for the most part the questions put to the At
tcrney-General from the bench were the same as
those put to Solcitor-General Richards, the col
loquies between the latter and the Justices will
suffice 10 show the range and nature of the ques-
tions asked of the Government.
The Solcitor-General-I the lid Article, which
]
Vided that Congress may determine the day On
which the electors shall give their votes, which day
shall be the throughout the United States.
Necessarily the United States here means the
States Of the Union which alone take part in elect
ing the President Later il is provided that during
his term of Office the President shall not receive IN
addition TO his stated compensation. any other
emolunent from the United States. or any Of them
showing that the States united were alone in mind
Justice BreWer-Do you think that in view or
hat he Territories add 10
the emoluments or the salary of the President?
The Solcitor-General-No. / think the spirit OF
this would prevent that think there is no direct
application the Territories, but think the spirit
The Attorney General Suggests that as the Terri
tories cannot act without the authority OF tn, the
plete control Of Congress, II might in a sense be
Territory attempted to do that. However, prefer
10 state that the general spirit of this provision
Your Honor. And obviously il was to thar Jus;
@ Mbe be- saG IN far m ercse VS. Of a
power 9the power 10 govern the IertoreS9 is re-
system of Government rests, and which are en-
bodied in the Constitution, we not now stop to in
Justice Brown-Could Congress take private prop
erty for public use in the Territories without COM
The solicitor-General-wen I suppose the Court
don't think it could The court has not taeser
ically stated them as yet. but the Court has said
stitution.
Mr.. RICHARDS RAISES A LAUGH.
Justice Brown-You prefer the Court should de-
The Solieitor-General-Yes, would prefer TO have
the Court define the limitations than try to do ii
This sally provoked a hearty laugh from the
The solicitOr-eeneral-T7he Constitution forbids
facto law, law impairing the obligation OF con-
XTVth Amendment provides that no State shall
deprtve any person OF life, liberty or property with
out due process OF law. nor deny TO any person
within it's jurisdiction the equal protection of the
laws but ontsiee the range OF these limitations the
laws supreme. They can define treason against
dom Of speech and OF the press: they can restrict
the bearing of arms they can provide for the guar
Iegng % OF troops; 3 they can regulate the rght Oh
Justice Harlan-could State have an established
The solicitor-General-I have already read what
snsnt That question came before this court with
regard to an ordinance OF Nev-OrIeans. and the
vision for protecting the respective States in their
Justice Earlan-Ihato does the word liberty"
mean in the XIVth Amendment?
broad ouestionI ana the court can define that
stand BY the decision Of this Court upon spe,
limitation iiai Ri5d'I yisI Yield " 'S' O'
Justice Harian-Let me ask you what you would
forbade all trade between Porto Rico and State
that Congress could not do that? What is the pro-
vision Of the Federal Constitution standing in the
The Solicitor-General-I think Congress could. if
it saw at, prohibit that trade.
Justice Harlan-could il prohibit the people OF
The SoIicitor-Generaf-I rather think that goes
part Of the QUESTION ater But %- Of eourss now now
with regard TO all these extreme propositions, while
the position that has been taken by other courts,
that although certain act was not definitely pro-
hlbitec. still, If that arbitrary and technical
sad OPPOSED 70 the Fundamental principles Of our
Government. il would be held to be invalid. I
that in the decisions of this court the court has
people against conceded power in Congress if that
power was exercised as to be absolutely de-
structiVe Of fundamental rights
THE TAKING POWER IN PORTO RICO.
ers rsPy as s9 the the t Sagos 1ds BY the & sssS aS
sed solely Tor the BENEFIT Of thar % siad cO justice ae ee
9n 9 pIeT these ee coGce9u WS9un5 IL 5T6 II be HE ne same
turned into the Treasury of the United States and
retained here? The question Of power wouldn't be
oTeg6 Ts n Aa5 Sa4 w9gd 10 Whether the revenue
vas PAID 70 The Port9 Ricans or paid e the United
Justice HarIan-As question ot power? don't
e Gem eon1end S4a5 SioW That this is
2S9 ssg ss e Feaerai Is not 6oa eas Of 0n5ss f Is
revenue pay the debts and provide Tor the gen gen,
sTal Welfare and is not levied under that clause
the provision that authorizes Congress to pass all
reeo.ql rules and regulations for Porto Rico.
competent for Congress- TO pass an act requiring a
duty 70 be pnt on all goods shipped from the States
The -GeneraI-New-M Mexico might be
Fl. in the exact position of Porto Rico think
logically would have so 10 contend. Alaska
might. if crcumst noes demanded. be placed in the
exact position OF Porto Rico believe Congress
has fun power. subject. however. I should say, to
1a5 ra,es Th9h e ( the ss SgGns q , ths
vested privileges which follow citizenship would in
70 discuss fully. I believe Congress could sell
sS II Sa se a the 6earR ra5 poer 80 rong IS seF t
in the Constitution II Is for Congress 10 say