The semi-weekly messenger., 1901-01-15
ABSOLUTE POWER OF coSGREss
Our ur.Territeries and Our Iusular Pos
sessions Maintained by Attorney
General Grigxs.

Washington January 1o.-The su-
preme court today resumed the hear
ing OF arguments in the Porto Rican
cases. Solicitor General Richards con-
cluded the argument begun yesterday.
He discussed at some length the differ
ent 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, ne said II did
not become a part OF the union for leg
islasive purposes until IL was organ
lied
The provision for Uniform taxation.
Mr.. Richards said. Was inserted in the
constitution 10 remedy the diverse and
conflicting claims OF the various states
comprising the union in the matter or
the revenues. and was never meant 10
apply to condition like that which
TOW confrorts the country in connec-
ton with its insular possessions
Replying TO Justice Harlan, the So
licitor general said emphatically that
congress had the right TO prohibit trade
between Porto Rico and United States
and might prevent the people of the
island from coming TO this country.
The constitutional limitations OF equal
ity Of taxing power lies only as be-
tween states, and not between terrific
ries.
could legislate duties for New Mexico
or Arizona, provided vested rights OF
citizens Were not impaired. which caus-
ed Justice White to ask IL there could
be such rights without there having
been citizenship
his argument He said his remarks ap-
Piled especially to the construction OF
the clause OF the constitution which re-
quires duties, imposts and excuses to be
uniform throughout the United States
The attorney general contended that
the constitution does not provide for
absolute uniformity Of duties under all
circumstances, and that the uniformity
clause OF the constitution refers to the
states and not to the territories. The
power to govern territory Mr.. Grfggs
said, is expressly conferred by the con-
stitution. This power was given with
out limitation and there was no res
ervatlon OF power in the people of the
territories, though there Is In the peo-
pie of the states
The power conferred upon congress
to govern territory. he said, includes
the power to tax either by direct or in
direct methods and includes the consti-
chandise imported into the United
states from its insular possessions.
Both direct and indirect taxes must
oe unirormfy imposed on all the states
Both may be, but need not be, extend
ed to the territorial possessions. Con-
gress may repeal the whole form Of
government existing IN a territory
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 com
mon benefit of the states united who
Jointly, as governing entity, own IT
referring to the acquisitions of Por-
W 5lco ana the Philippines. Mr.. Griggs
saio: The inhabitants of the islands
are not joint partners with the states
In the transaction. The islands are ter
rltory pelong1ng to the United States,
not part of the United States. The
lslands We're the things acquired bv the
treaty;the United States were the party
VINO ACQUIRED them. and to whom they
peiong. The owner and the thing own
ed are not the same"