Show HOLDS HULUS t Griggs Talks of tf Powers P I KO ITO RIGHTS FOR FOit JR PEOPLE pPL LB OP 01 O UR O I 4 I Wb Jan aft i Gen Con oral eral R resumed his bin t In Inthe inthe the fit fickle cases canes wh w when the su sit supreme preme pree seen CI convened today toda Before Detore I W Uie Use line of 01 his baa argument he e made l 7 to a question by b Justice Tv Uce White m ng to the meaning of tile the words the nhe territories as used by b Chief Joe Jus Justice thee tice Marthall II in the case He Re said lei in that connection eo that the power of congress O does not gase e ewhen when Jt it far it organised said and brought under the United States State but that be he did not BOf recognize that there Is Js a distinction in ht the tM control under uDder the differing cir dc c the com l Jn hen ro vision of oC uniformity in the matter of f taxation Mr Richards said that pro provision vision was as inserted to remedy the di dl diver dive ver ye and conflicting claims of the va various a rious noes states tates A the Union in inthe Inthe the tM matter mauer If ef f the revenues and wax was s never meant to apply to a condition coRdi lion U that which now DOW confronts tb the country hi in connection with its insular I ions Gri p Talks Again A in When Mr I At Attorney torney torsey General addressed the court He H said Jd his hili remarks were in hi intended tended to be supplemental to those sub submitted submitted I in the cases Involving similar I Iq questions q which have heretofore been beeR beeRa a argued ed Taking up the question que of taxes the attorney general contended that the constitution does JOel not provide for ab nit absolute solute uniformity of duties dutte under all alt circumstances ance and that t t the uniformity clause cia of the constitution refers tb tt the states and not to the territories The power to govern overn territories Nr Ir Grigge Iw I aid ald Is expressly conferred by the eon con constitution tIo This power was given with without without out limitation and there was wu no eo reser reservation reservation of in the people of the I territories though there then is in the peG pee people pie of the states tates Then he drew the Inference that the power to govern gov rn territories which Is Isab absolutely ab ly conferred upon congress In Includes Include eludes clude the power to tax either by di 11 direct red or indirect methods This right was absolute but not despotic and j Mr Griggs contended that it included the th constitutional right to lay Jay duties on merchandise Imported into the Unit United United ed of States Staten from its insular possessions and that such a proceeding does not violate the uniformity clause The laws the administration and the revenues of the territories are sub subject subject jest to the absolute control of con congress gress gren Mr Griggs declared Con Congress geese gress may m repeal rei al the whole form of or existing In Is a territory my le destroy the legislature vacate all gil n tile the offices and take over all aU the Ule public funds and absorb them into the com corn It may appropriate out of the die federal treasury till alt the money 17 to tarry carry on a territorial guY gov v j I eminent omitting all aU local taxation taCa i Porto Porte Rico a Chattel Referring to the acquisition cf of Porto Porte I Rico and the Philippines Mr II Gri said The islands are territory t belonging bel ng i ito to the United States not DOt part apart R a part of the United States The islands island were the things acquired by the treaty treat the e I United State was the party arty who ac acquired acquired them and aDd to tow Whom whets bO they belong The owner and the thing owned are not the same seine Mr Gr l said laid that t t many instances of legislation show that congress has always s considered something more than the term le United States to be bit screw necessary I sara sary when ben it designed a statute to ex cx extend tend tt to territory He Ht cited dt authority to show that in internal internal revenue Iowa ow have bae not been n uni universal t vernal versal in application tation in ill the history hl tory of oe th t country countr and concluded that while II III congress has ha provided throughout hout the I United States Statts and territories for th enumeration ur un on which direct taxes I I have haf been apportioned it never seems to have bae been bet n supposed that such auch taxes tae must be levine levied beyond the states or II f to the territories unless w wI I II I congress COQ saw aw fit nt so 80 to provide I Claims CI Dee Despots Bight Right for McKinley Referring Ref to the th presidents right to I e the legislative function fu be lie I said When as I he ht ex elt exercises fr government sever over conquered tar ter t terri r ri rih ry t he hat ha by the undoubted law JaA cf ef efI 1 I the th right not only to govern j hut but lo to make laws bt for fr the territory tt so to toI j I occupied The legislative Je functions thus till tillI I exercised are merely incidents under j I the public law of belligerent hell erent right vest vested ed Id by the constitution in the president nt as of the army arm end nay navy i C losing he said t There Ther must hi no in th the nature of 0 things a time between the deed of ac so ReI I and the assumption mp Ob by DY the lip t United States of the hill full government of acquired territory when the relation between the tM f federal ral government anti and 1 the acquired territory will b biP be chaotic There might be bP eases case ra of ul the acqui 8 I sit Hit silica ion iOb of territory which w bic po e wj no or organised r form of government whatsoever whatsoever ever not even fn of a local or municipal Kind Whether such snob territory should have e any local lucal government would ap dj d pend pond entirely upon U the wilt will ill of 0 congress congre congressi s i the contention of the appellants would I create the th absurd nt necessity t JK of hayIng acts of congress as to tee revenue and other tether matters matt extended in theory through h tracts tract of 1 country in which those th were w utterly incapable of en enforcement all the t agencies ene of govern government ern ment mont being absent It could never have hae been II that such a condition of theoretical law and practical pr an all anarchy archy Utby should arise art eos Says s Porto Porte Xico May Be Cut Out Off Justice Harlan Marian interrupted Interrupt the argil ar men of the solicitor general as to the rights right of 0 states to ask if It In the opinion of or the th solicitor I congress co might prevent the people of the Island from rn Coining to this thIn country r Richards said aid emphatically that in his opinion it had the right Letter Latee Justices Hadan and Brewer asked questions which t rough brought no bi out oat the that the constitutional limi UI limitation tation tUon of equality of taxing power lies litS only as MIl between en the stal states and aDd not ROt be between betWee between tween tWee territories The solicitor general said enid congress co legislate dut i for Ne Nev v Mexico and lid Arizona provi 1101 d rights of o citi efti ices ena were we not nut impaired which caused ed Justice White to ask if there could i he be heRda e such Rda rights without there having been IUM The solicitor general furr fur further thor ther said w he be believed congress COlI MIl iou the tile Philippines whenever it saw W lit t Arizona on Same s Basin Bai BaiD asie IB in D tin the course of nf Ms Ns address ad Attorney sain saia Barring the stipulations of fit treaty I and the construction of personal rights 8 there to mo it O I difference between the sta sin status tue tua of Iff Rico and Oklahoma New Mexico nad a d Arizona Co has a the right to t govern tax and aDd alienate allen te any of its ita territory and should this country be overcome by war ivar it might t tee e th the thewl wisest wl t anti ami no me one oae could criticise the right ol the Unfed States to with withdraw withdraw draw dra its Ita from freta any of or its tuI territory It mast ig not be taken that any an act may moy be by an a net act that any treaty ty may y be repealed by another r ru u act pall as t 1 e rights c he be repealed by toy the theu simple oJ t passage p of another act No one will contend that congress may ma pass an 55 act admitting a state and tb the thee B may maT repeal that law and cast out that ate te How congress may many deaf df with the territories to is a political question qu on un under under I der the constitution cor Under UDder such wise wisely wisely ly iy varying conditions as exist in this O congress 8 must have hae die dis discretion to create nate which will meet the varying conditions Oll There Then Is te a 8 vital quion here If we cannot govern Ye the ples of new ne territories according to their customs cu toms then this thill reentry country will not BOt take any ter territory which It is not capable of or govern governing governIng governing ing except under the laws of the Union as it now new exists The TIle right ri ht to govern vern territories is an inherent right not an implied one It Itis itIs is in the constitution So is the th power of congress to tax with the three limi flint limitations limitations which are provided Con Congress reea may even choose rhoose h the articles arti may ma be taxed Porto Porte Ricos tariff is of the local kind for tor all revenues derived from imports are allowed to be taken by the people for tile the support of the government Never before was there such liberality on the part pert of the guy gov government While the attorney general was dis ills discussing cussing cunning the rights of or congress Je levy taxes Justice Brewer interrupted to ask K If the opinion of the Ulft Ui attorney gen general eral acted acteA In the spirit and letter Jetter of the constitution to have bave De ne tariff rate In lit Inthe the states and ADd another in iD the terri tern territories territories tories Mr was emphatic in his hiB hiBben belief ben that It was w Says Free Tree Port is Possible Justice White stated a case The setting aside of ol a free port on OR the At Atlantic Atlantic Atlantic lantic seaboard through which goods might ml ht be toe distributed to the states stat and asked K j that might be done The at attorney attorney torney torne general genera said that at such a port in a territory it might but that it would be toe an nit abuse of power JOWer Justice Harlan returned to tG a point he had Into the solicitor generals address addre a the right to 10 prohibit trade be toe bet between tween t the islands and th the states The rite attorney general genera held this was AS in inthe inthe Inthe the absolute power of congress By B creating Indian reservations reserva and by re reserving reserving serving seni islands in the north Pacific the government he be said had shown bown that it could prohibit tra tc and the movement of persons persona wherever it saw fit Attorney General Griggs had not con concluded concluded eluded when adjournment was area had He will continue tomorrow tom tont and will be fol followed lowed by former Sectary Secretary ry of the Treasury Carlisle |