The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-08-30
Honolulu Dislikes American Law.

Judge Morrow's territorial decision
in the United States Court of APP
peals. We remarked at the time
that this was an epoch. making
decision, as was proved by this re-
markable language of the court:
"The Territories Of the United
States are entirely subject to the
legislative authority Of Congress.
They are not organized under the
constitution, nor subject TO its COM
pick distribution of the powers of
government as the organic law, but
are the creation, exclusively, of the
legislative department, and subject
to its supervision ard control.
Congress may legislate in accord
ance with the special needs Of each
locality, and vary its regulations to
meet the circumstances OF the
people,"
We said further that this decision
settled the status of the inhabitants
of Hawaii. And we maintained that
under it undesirable residents Of
Hawaii, such as Asatic coolies,
lepers, etc, "might be excluded
from the continental confines of the
United States, and full. blooded Ha-
waiians might be confined to Ha-
wall" The Honolulu Advertiser
does not like this article and says:
THE Argonaut article has been
widely read in this community, and
it makes mischief. 1t misinforms
the white people and it alarms the
natives. Moreover, it declares that
it lays down the law for SIC the
land, as if it was sic the decision
Of the supreme court. The
circuit court of appeals is an in
ferior one. The decision involves
none Of the underlying principles of
constitutional government, but, on
the other hand, involves only mat
ters OF local or police government.
The United States Supreme
Court declares that the citizens of
Territory are on the same footing as
the citizens of the States, and are as
carefully guarded as the citizens of
the States"
The Honolulu Advertiser is de-
luding its readers. No such de-
caration was ever made by the
United States Supreme Court con-
corning "the citizens of Territory"
We challenge the Advertiser to cite
any case wherein the United States
Supreme Court used such language.
While the citizens OF Territory
may be as carefully guarded" from
domestic or foreign violence as the
citizens OF States, they are not son
the same footing" The citizens of
the District of Columbia, for ex.
ample, have no voice or vote in
choosing their rulers. The citizens
of Maryland have.
The Territories OF the United
States were organized under the
Act OF 1887. Territory acquired by
conquest or annexation can be carv-
ed up by Congress into Territories,
and the jewellers therein can be given
the restricted rights Of territorial
citizens, but until such action has
been taken by Congress the dwell
ers on such conquered or annexed
territory have not the rights of citi-
zens OF Territories or citizens Of
States OF the United States. When
the Advertiser becomes American
lied, it will learn that there is a
difference in this country between
territory with a small initial and q
Territory with capital letter. Ha-
wall is now merely territory with a
little /. 1t is only the raw material
out of which a Territory may be
carved.
If the Honolulu Advertiser be-
lieves that the circuit court OF APP
meals ia "an infarior tribunal - IT, will