Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-01-11
JURISDICTION
OVER ISL ANOS
Attorney General Claims Congress.
Power is Absolute
,Orc PERTINENT QUESTIONS


~" pfc4n cases Wh'i
tn, f' ssar, convened today ,,,s D,'Y he
FI '' , 5o the line Of his arsu" ,n.,l rs
tak.ns . ~ to a question by ' 'i',.S.
made ~ % me meaning Of The "1 ,'
Wn''s Z, ,,,,rls. as used by chiei jus.
''n' u.r.bon in the LoashoO'V .ss'
u'' d" He said. In that connection ,s ,'a'
case pc 'r =, congress does not eeasl
'ns pJ'. orgaplzed and brought uhue.
En'I rn,ts5 states, but that ne GIo in
the ou. NY mat there Is distl"C , I,o,
is.'sl .trol under the differing '"''
stance" .,rs the constitutional pro- %,
D.s,us,sl, .ssiformlty In the matter VI
vision OF ea.''ip 'iDbards said that pro-
taAa.''' inserted TO remeuy ~
S. s and conflicting cialn ,5o Union
.ar,ns states comprising Wv o,d was
IN .ts matter Of the revenues, ~, eur Ike
w ' 'NS meant 10 apply 70 conu''o ,,ri,',,
nv, ybleh now c0nironts we Cou "sos
sna Cyor"9Sftion with its insular posses
s0ns ..y,d whether. In the
Jusue0 tpo soliclt0r- general, Con
opihi0h ~, IN, rrohiblt trade between
gi,ss B li,s and NE United states an9i
rirbt prevent the people Oh .ng '' Mr.
rom coming to THIS co. .ns, Z, his
pIgbards said emphaucally 'na'' IL ''''
opInIon 1t had the right p,.wer
VffIai iustices Harlan ana bIeWeI
.stai questions which brought OUT lne
a,ot frs1t mat the constitutional I'm,
tadon Of equality Of taxing power leS
Na ,..a, bstTeen The States, and not be-
tween Territories c..uross
,.LS isgisats duties for New Mexico
and Arizona, provided rights OF CIV,
gens were not impaired. when c1 iS ~
i Iusilcs White 20 ask II there coula oe
,pcb rights without there having peeh
c,nzsnship The solicitor general tur,,
tbsr said he believed Congress coulu
sau the Philippines whenever II saw h.
Whom Mr. Richards concluded, AttoI
nsv.Censrsl Grlggs addressed the court
~ said that his remarks were intended
M he SUPPLEMENTAL 10 those submitted
IN The cases involving similar questions
which have heretofore been argued. be
fore proceeding with his argument tht
attorney.esneral took up what ne
Characterized as the misapprehensIon
concerning bis position on these cues
lions H. said there were numerous er-
rore0us statements in the brief Of the
appellants In the Armstrong case, ana
h. 0uotpd some OF Them giving his In.
depreciation Of his own remarks made
IN the previous presentation OF the SUB.
Ject
Taking up the question Of taxes, the
attorney general c0ntended that the
Constitution does not provide for absO.
Lutte Uniformity Of duties under all cir
cumstances, and that the uniformity
clause q the Constitution refers 10 the
States and not the Territories.
The power 10 govern territory. Mr.
Grggs said. Is expressly conferred boy
The Constitution. This power was given
without limitation, and there was no
reservation OF power In the people Of
the Territories though there is in the
people Of the States.
Then he drew the inference that the
power 10 govern Territories, which Is
absolutely conferred upon Congress, in
Guides NE power TO tax either by direct
OF Indirect methods This right was
ABSOLUTE but not despotlc. and Mr..
HIsgs contended that it included the
constitutional Right 20 lay duties on
Merchandise Imported into the United
ealss from Us iusu'ar possessions. and
lhiI such a proceeding does not violate
he uniformity clause.
IAH laws the administration and
ue revenues OF the Territories are sub
tI 70 ihe absolute control OF Con-
siess hr Grlggs declared. Congress
may repeal the whole form OF govern
Ish' existing In o Territory: may de-
ssuul lhe legislature vacate an the Of
A.5' ana take over all the public funds
.nl absorb them into the common
treasury Il may Appropriate out az
'Ds i.ueIaI treasury all the money ne
10y 10 carry on a territorial gov
'' nl,snl, emitting an local taxation"
70 iHe'siIlhs TO the acquisition of Porto
N'g9 ana the Philippines. Mr.. Griggs
ta1 The Islands are territory ~
.'nsihs 70 The United states not a
Ial' Of The United States. The ISLANDS
GeIe lne tnlngs acquired by the treaty,
.De United states was the partv en-
I,luIel Them ana 10 whom they be.
lyng The owner and the thine o.,ro5
arg hol The same"
ri, @ w. ,Hfiggs said that many instances
si,.. .sl'iauol show that Congress mas
st.ea|s considered sometime more
' ,Iah Ihe term United states" IN he
,. ~ when IL designed "a statpto
70 extend 90 territory ''"'u'e
~, nv el'ed authority 20 show that I'm.
v -.al revenue laws have moi been mi.
t,'sal IN application In the histnrv ~
S' younuy, and concluded thar sn'htf,
I-piia6 y ~. mas provided throughout he
snnr,. l oia'es and Territories FOR IKE
bsya 'au.n upon which direct taVes
n \. zen apporuOned IL never sesr,s
p,s, "geN supposed that such tpxs.
sns oe leUed beyond the state ~.
e., s-oluohed 10 the Territories mice
80 80 saw ~ so 10 PROVIDE
s,',,-,,slilils To the Presidents ricb, o.,
80 iese lhe legislative fupctian ~
h. Nheni as commander
@n. exercises government o. ~ ~
doubta, 't,i''ory' he has, By the I'M
o5y ~ Ia" Of nations. the RIGHT NO.,
,hs ,er. soFerh, but TO make laws TO-
tlys tI'""Iy 80 occupied. The Ierlsla.
~ uVns mus exercised are nners-
b.nlel,len's under the public Law "a,
iBfiss.' ieHt right vested bv tbc Genet
Is.cbIi u me President. as commandnr
In ~, 't oi me army ana navy"
49, 81 we .he course Of his address a.,
GrigRs said. "Barrins, -
i i,ps'at ons OF treaty ana me cons ans eiie
erence slsoha rights, there Is no an
RIco .,5 py I,een the status OF PORTO
Arlzopa' 1 oklahoma, New Mexico ana
,oveyr congress has the righ, a.
,erriio,,. 'aA and ALLEVIATE any m a.
lyerco,s aiil should this co,in,-v ~
Al co o'ne oy war II might he tbe y,s
nj ,,0tlsei ana no one couid r,S,iais.
lfsv i ~, ot the United states n Win
i.rritor,ys sovereignty from anv on H.
rsv must not be taken that ary 90,
fsaty ny speSIed by any act. thai anv
isa,v ~ ne repealed by another
.gh,s IN ael which grants vested
'tsssps ,'eo' De repealed by the simnle
onitnd a. smother act No one win
imttina ' congress may pass an act
hal Aug 2 state and then may renoei
"Bov" ana ena cast out that state
'errito,i Nonsfess may deal Ultb tho
he Con'., IS political question n,Se,
ary!ns ccnulu,.9n Under such widely.
ountrv cs',.'l.lons as exist IA this vast
o create ', ,ts must have discretion
ayng cor uiai which VIII meet tho
ueslor motions There Is a vl.ai
be people ~ Wa cannot govern
''' 0' new Territories according