The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-09-01
THE ARGONAUT REVERSES THE
SUPREME COURT.

reasons, does up the law literature oil
the Argonaut CSan Francisco plays
havoc, in its issue of August 22nd. with
the Supreme Court, denounces the Ad-
yertiser and sneers at Hawaii, which
it calls a territory with a small t. in
stead of a big T.
Several weeks ago, the Argonaut cit
ed a decision Of Judge Morrow, Of the
United States Circuit Court Of Appeals,
in which it was stated by the Court
that:
Congress may legislate in accord
ance with the special needs of each
(teTritOriaD locality and vary its reg
ulations to meet the circumstances Of
the people"
ThereupOn the amateur of the Argo-
naut declared that Congress could ex-
clude undesirable Hawaiians from the
United States. and full bIooded Ha-'
waiians might be confined to Hawaii"
The amateur finished by declaring that
this decision will mark a new epoch
in Federal Jurisprudence"
The Advertiser replied that this de-
cision was not fundamental one, that
the court that made it was an in
ferior" one, and moreover, that the
Supreme Court had, in the bred Scott
case, declared that the citizens of ter
ritOries were on the same footing as
the citizens Of the States, in the pro-
lection guaranteed by the Constitution.
The amateur of the Argonaut now
retorts in the issue of August 22nd.
that: mo such declaration was ever
made by the United States Supreme
Court concerning citizens of a terri |
tory" and the Advertiser is challenged |
to cite any case expressing this opin-
ion.
The amateur evidently has never
read the case of bred Scott VS.. San
ford. 10 How. U. S. Reports. 1t is one
of the celebrated cases decided by that
great court. The court says on page
448: (The amateur can verify the
quotation.)
"A power, therefore, in the General
Government to obtain and hold col
onies and dependent territories, over
which it (COngress) might legtslate
without restriction, would be incon-
sistent with its own existence, in its
present form"
Referring page 45O) to the power
of Congress to act according to it's own
discretion in governing the territories,
the Supreme Court says that no power
to so govern has been granted by the
It's language is;
cit is a total absence of power every
where within the dominion of the :
United States, and places the citizens
of Territory, so far as these rights l
are concerned on the same footing
with the citizens of the States, and
guards them as firmly and plainly {
against any inrOads which the General f
Government might attempt, under the
plea of implied or incidental powers" Y
This decision is the law of the land.
until reversed by the court itself 1t is
highly improbable that the court will c
do this on the Interpretation of the T
Argonaut or its amateur. C
The Advertiser, in the article criti- /
cised by the Argonaut, alluded to the
United States Circuit Court of Appeals.
that rendered the astounding epoch de- V
cision, as an inferior" tribunal. There t
upon the amateur of the Argonaut re- c
torts: Il
IF the Honolulu Advertiser believes il
that the Circuit Court of Appeals is +
an inferior tribunal it will have to
learn more of our Federal procedure
and Federal tribunals-when it be- o
comes Americanized." t
Article III, Section 1. of the Consti- Il
.ution reads: a
The judicial power of the United r
States shall be vested in one Supreme I
Court, and in such INFERIOR courts Is
rs the Congress may from time to
ime Ordain and establish"
As the Circuit Appellate Courts are Q
lot the Supreme Court it follows that Il
hey are inferior" courts, and are so 7;
:,
1t is rather amusing that the Argo- =
laut and its amateur need more
Americanizing" in the knowledge of
he courts created by the Constitution
han the humble Advertiser, that has =
,een published for less time ,han a
month on American soil.
We may now expect some more
horse-shed" opinions from the Argo-
aut's amateur. It's purpose is not to
i've out any really sound opinions in
Hawaiian affairs, but to make it hot"
Or all of the late annexationists, and A
specially stir up the natives here to
ne belief that Congress will foot BALI