The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-08-10
Continued from list page.)

the United States. Moreover, this
power Of Congress, which is unre
stricted by any further provisions
in the Constitution, has been held
to be an absolute, and, it may be
said, a despotic power. With
out reference to other and
earlier decisions OF the Federal
courts upon this point, there is a
recent decision OF the United States
Court of Appeals, sitting in the city
OF San Francisco, respecting the
extent and nature OF the legislative
authority of Congress over the terri
tory Of Alaska, which strikingly
illustrates this principle.
"The question which arose upon
an appeal from the district judge in
Alaska, was as to the power OF Con-
gress to subject the liquor traffic in
that territory to executive regula-
ton and restriction. Various OBJ
jections were urged upon constitu
tional grounds to the act OF Con-
gress and to the executive orders
issued under it, but are all disposed
OF in the following sweeping sem
fences OF the opinion of the Court
Of Appeals:
"'The answer to these and the
other like objections urged in the
brief of counsel for defendant, is
found in the now we'll established
doctrine that the territories of the
United States are entirely subject
to the legislative authority OF Con-
gress. They are not organized under
the Constitution, nor subject to
it's complex distribution of the
powers OF government as the or
ganic law, but are the creation, ex-
clusively, of the legislative depart
ment, and subject to its supervision
and control. The United States
having rightfully acquired the terri
tory, and being the only government
which can impose laws upon them,
have the entire dominion and SOW
ereignty, national and municipal,
federal and State
"'Under this full and comprehen-
sive authority the opinion goes on
to state, Congress may legislate' in
accordance with the needs of each
locality and vary its regulations to
meet the circumstances of the peo-
pie 4 in a territory, all the
functions of government are within
the legislative jurisdiction of Con-
gress, and may be exercised through
local government, or directly, by
such legislation as we have now I'M
der consideration
SIN accordance with this view Of
the unfettered and sovereign domin-
ion Of Congress the annexation
resolutions provide temporarily for
the government of the Hawaiian
Islands. Until Congress shall pro-
vide for the government of such
islands all the civil, judicial, and
military powers of the existing gov
eminent in such islands shall be
vested in such person or persons,
and shall be exercised in such man
ner as the President of the United
States shall direct, and the Presi-
dent shall have power to remove
said officers and fill vacancies so &C.
casioned." In all but name Mr.. Nc
Kinley is constituted by Congress
King of Hawaii, with greater pow
ers than Queen Liliuokalani or King
Kamehameha ever possessed. The
President may vest all the executive
powers OF government and all civil,
military, and judicial powers, in
one person or in several. He may
make anybody he pleases Pooh Bah
of the islands, captain-general gov
ernor, lord high chancellor, chief
justice, and everything else. The
commissioners, whom, by the reso-
lutions, the President is authorized
to appoint, and has already appoint
cd, are not clothed with any powers