The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-07-26
A FAKE STORY.

The San Francisco Argonaut, in
justification of its sudden conversion
to the doctrine OF territorial aggran-
dizement, quotes recent decision OF
the Ninth Circuit United States Court
of Appeals (Endleman ct all, which
passes upon the case OF two persons
convicted of selling liquor in Alaska,
in violation of law passed by Con-
gress. These persons claimed that the
did not apply to all of the territories
alike.
The Court (which is an inferior one)
held that the territories of the Unit
ed States are entirely subject to the
legislative authority of Congress. They
are not organized under the Consti-
tuition. nor subject to its complex dis
! tribution of the powers Of government
as organic law. but are the creation,
exclusively, of the legislative depart
ment and subject to its supervision
and control" 1t says: Congress may
legislate in accordance with the spe-
! cial needs of each locality, and vary
its regulations to meet the circum-
stances of the people"
The Argonaut says this decision set
| ties the whole business, and it may do
as it chooses with the inhabitants of
! Hawaii. II can, 1t says, exclude I'M
desirable Hawaiians from the CONT
mental confines of the United States,
and full blooded Hawaiians might be
confined to Hawaii" II fact, 1t sug-
! gests, that Congress can do just as
1t pleases with this little territory.
This article has been widely read
in this community, and it makes mis-
chief. 1t misinforms the white people,
and II alarms the natives. Moreover,
1t declares that it lays down the law
| for the land, as If 1t was the decision
of the Supreme Court. And 1t sounds
general scare by stating that the
uttlSloh 10 oHt tlal VIII maj N NEW
epoch in the history of Federal juris-
prudence"
But the decision is not at all extra
ordinary, and is in accordance with
precedent. 1t involves none of the
underlying principles of constitution
al government, but, on the other hand,
involved only matters of local or
police government.
The writer of the article, while he
refers to the celebrated bred Scott de-
cision by the Supreme Court, does not
seem to have read 1t.
Instead of permitting Congress to
do as 1t pleases with the territories,
the Supreme Court declares, that the
citizens of a territory are on the same
footing as the citizens of the States
and are as carefully guarded as the
citizens OF the States" by the Con-
stitution.
This is the law until ii is reversed
by the Court. The loose talk about
despotic power in Congress is mlser-
/ able drivel, and yellow law literature,
1t is a poor water logged plank on
which the Argonaut is trying to float
away from its wrecked theories of
American destiny.
The Argonaut has not noticed that
the crabs in San Francisco bay, out
grow their shells, then burst them and
cast them away, and at once form new
ones of larger growth. The United
States, likewise has outgrown the
shell which is the growth of its first
century, and has just cast it off ant
takes on another of greater size,
The Constitution provides Cart. III
that the citizens OF each State shall
be entitled to all privileges and i'm
munities of citizens in the severa
States" Congress will conform it,
legislation regarding the territories t
the spirit OF general legislation in tn,