The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-10-15
AFTERMATH OF ANNEXATION
COMPLICATIONS MAY ARISE BE-
FORE CONGRESS ACTS.
Acting Attorney General Boyd of the
Opinion That Regulations Appli-
cable to All Territories
Will Hold Good.
Special Dispatch to The Call.
Call Office. Riggs House.

Call Office, Riggs House
Washington, Oct. II.
What laws have general dominion
over Hawaii? Were United States
statutes, which govern our Territories
applied to the Sandwich Islands wher
Congress ratified annexation? These
are questions which have occupied a
great deal Of attention of judicial cir
cles in Washington the past week.
Under what laws would an offense
described by our Territorial Federal
laws be punished if committed at this
time in Honolulu?
This and kindred questions were
brought to the attention of the Depart
ment of Justice early this week by the
Comptroller of Currency in connection
with the establishment of the First Ma
tiOnaI Bank of Hawaii, in which prom
inent San Franciscans are understood
10 be interested.
When an opinion was asked by the
Comptroller of Currency upon the part
Of the Department of Justice ques-
tons much deerer and more serious
than the establishment of a bank arose.
1t is known that at this time customs
duties, internal revenue and postal re-
ceipts are being husbanded by the ma
tive authorities in Hawaii to be ac-
counted for to the United States Gov
eminent as soon as the bill which the
Hawaiian Commission will recommend
has become law, which Will be in the
earliest days in the session of Congress,
which convenes in December.
If q crime were to be committed in
connection with the handling of these
funds the question arises, How would
Ia eff ha jSh
should be an infractiOn Of international
law at this juncture would the native
Hawaiian Government or the Govern
ment of the United States enter into
negotiations with the foreign powers
involved for adjudication? If treason
were to develop in the Hawaiian ISL
ands at this time would it be treason
against the United States or treason
against Hawaii? PROFESSIONALLY those
islands were annexed to the United
States by the act of July Z, after the
islands were turned over to the United
States Commission which was re-
Gently in Honolulu If treason
in Hawaii would be punished
as an Offense against the United
States, then the question arises,
Were not all Of the Federal statutes
that apply TO ordinary territory of the
United States extended to Hawaii when
1t was made possible to punish a man
for treason by act Of annexation?
No formal opinion has yet been rem
dered by the Attorney General, and in
view Of the fact that Congress meets
on the 5th of December, which is only
about six weeks hence, and Territorial
laws are to be Immediately extended by
Congress over the Sandwich Islands, it
is believed that a formal decision by
the Department of Justice will not be
made. 1t is generally held at the De-
partment Of Justice that any crime
committed under the circumstances in
Hawaii described by our Federal
statutes would be punished Hereunder
and our Territorial statutes made ap.
plicable to the situation.
SO far as the establishment Of a ma
tional bank at this time in Hawaii is
concerned, il is believed that the pro-
Jectors will not insist upon immediate
action, as there viii be legislation at
the hands Of Congress specifically au-
thorizing the issuance of a charter for
national bank by the time the bank
could possibly be established and bank
notes printed for circulation
Acting Attorney General James z.
Boyd, speaking to-day of the authority
of the Comptroller of Currency to issue
at this time a charter for a national
bank in Hawaii, said:
What / have to say on this subject
is, under the circumstances, entirely
unofficial and upon my personal resDon-