The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-12-16
Continued from LIST page.)


to warn them that their permits
were invalid.
That Congress could not have in
tended that the United States
statutes respecting Chinese immi
grafton should have retrospective
operation in the Hawaiian Islands,
is evidenced by the fact that the
Resolution itself does not provide
for any means OF furnishing infrac-
tions of the United States laws,
either against the shipmaster who
brings Chinese here without COM
plying with the laws, or for the
deportation OF the Chinese who are
found here without the necessary
credentials or for the appointment
OF an United States Marshal to exec
ute the law, or for the establish
ment OF the United States Court, or
Commissioner, or other official who
shall have the authority to adjudge
whether the law has been violated.
The Resolution contains the pro-
vision that in the interim between
the passage Of the Resolution and
the enactment Of government for
these Islands, the existing powers of
it's officials, civil, judicial and mill
tary, shall be vested in such persons
and be "exercised in such manner"
as the President Of the United
States shall direct. This power to
the President would not permit him
to direct any Hawaiian official to per-
form duties not authorized by or
contrary to such Hawaiian law. The
respondent is the Collector General
OF Customs of Hawaii, and by the
terms of the Resolution which in
the interim continues the "existing
customs relations of the Hawaiian
Islands with the United States and
other countries" he executes Hawai-
ian laws. Honolulu is still "foreign
port" in this respect. l cannot see
what protection the respondent
would have in a Hawaiian Court, if
he should undertake to do an act
not authorized by Hawaiian law.
The United States statutes repre-
senting Chinese immigration are not
self-executory and are not capable
OF being enforced where there are
no legally authorized officials TO en-
force them.
To say that such provisions Of the
enactments Of the United States are
enforceable, as are applicable for or
against such Chinese whose status
may be by analogy similar to that
OF Chinese who should seek to enter
the mainland OF the United States
in "home port" would imply a
confession that United States stat
utes cannot be strictly enforced
here Would it not be doubtful
step to take to deviate from the law,
although extremely grateful to the
recipients of permission to land, if
given? l can find no discretion
granted to execute a portion of the
United States laws on this subject
and ignore other portions. In say
ing this, wish distinctly to disavow
any intention Of seeming to inAu-
ence any action of the Inspector Of
Chinese immigration, Mr.. i. X.
Brown, who is here under instruc.
tions from the Secretary of the
Treasury of the United States.
There is nothing in the Resolution
itself, or in the circumstances at.
tending its passage to indicate that
it was the intention Of Congress to
repudiate any acts Of the Hawaiian
Government previously done. The
whole scope OF the Resolution indi.
Gates contrary intention as shown
by the assumption OF the Hawaiian
national debt, the continuance OF our
: customs relations, the continuance
Of our officials in Office, etc.
| do not think / have gone beyond
the issue before the Court, in dis
cussing the question whether the
United States statutes concerning
Chinese immigration are now en-
'forcaila -, ii ANAL; for II N0nn.o..