The record-union., 1898-07-21
THAT SWEEPING DECISION.


The more it is examined the more
| sweeping and important does the recent
decision of the United States Circuit
Court of Appeals for the Ninth Circuit
! appear. Judge Morrow rendered he
| opinion of the court, voicing the judg-
| ment of the full bench. 1t removes
completely the objections of those who
| opposedthe annexation of Hawaii on the
ground that the result will be to erect
that possession into such an independ-
ent position as to give it certain polit-
ical rights under the Constitution, and
eventually compel it's admission into
the Union as a sovereign State.
The case in brief is this: Two men
We're arrested in Alaska for selling
liquor in violation of special laws and
regulations provided for Alaska by Act
or Congress. They made defense on
the ground that the Constitution guar
antees to them the right to hold and
enjoy property; that liquor is property,
commodity of trade, and under the
laws of commerce recognized by the
laws of the land as a legal thing in
which to deal; that by the regulations
of Congress under which the liquor
was seized and trading in it pro-
hibited the defendants were deprived Of
Constitutional right.
This defense opened the door widely
to the examination of the whole SUBJ
Ject of the power of Congress under
the Constitution over territory not
having the character of Statehood The
decision is a very long and elaborate
one We have already referred to it
briefly, but it is so sweeping and i'm
portant as to justify further statement
relative to the bearing it has upon the
Hawaiian annexation question.
The decision of the court, in briefest
possible statement is that all Territor-
ial possessions of the Nation are wholly
subject to Congress; that they are
not organized under the Constitution
that when Territories or districts. in
whatever form is provided for them,
they are not subject to the complex
distribution Of the powers of the Gov
eminent under the organic law they
are the creation Of the legislative de.
partment exclusively, and wholly sub
Ject to its management and control
The court holds that the Government
can rightfully acquire territory and
possessions; it can impose upon such
- a
that the Government has entire dom
ination over their political and other
being, from national to municipal
regulation and control of every con-
ceivable character. Under this sweep
ing authority Congress may specially
legislate for the management of these
possessions, precisely as it judges the
necessity, local conditions and best
interests of the possession and of the
people in it to demand, and that Con-
gress is the sole judge of these needs,
is, by implication, conclusion the
courts decision justifies
1t is therefore perfectly clear that
the claim Of the opposition that Ha-
wall, now one Of our posses
sions, will Immediately acquire rights
under the Constitution cribbing and
combining the power Of Congress over
it, has no standing whatever. The
decision makes it clear that a citizen
in a State occupies a position from one
in a national possession as widely
different as it is possible to conceive.
In the latter case the person is in the
poss ession, Territory or district under
privilege sustained by such legislation
as grants it, and not under any of the
guarantees of the Constitution. The
entire functions of government in such
possessions rest in Congress and no.
where else.
This has been so from the beginning,
and it never has worked any hardship.
For instance, the people living within
the District Of Columbia have no voice
whatever in the National Government,
and are dependent wholly upon Con-
gress for the form of government they
have and all the privileges they enjoy.
The same is true of the citizens who
reside in the Territory Of Alaska
The objectors to Hawaiian annexa-
ton thus have the last prop knocked
from beneath them. We acquire
Hawaii as a possession and hold
and govern it. as local conditions
demand.