The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-10

Joint Resolution under consideration Wa intended t.
1t pur"rt~ affirmative declaration Of what should continue
hui an indirect r II what declared continue an
general principles such construction should H. fav"r
lh> general principle finds support in the pursued in
reference other rcrcal, in :e Resolution. The REQ
luton directly rcp certain portions Hawaiian law. u
liN the Hawaiian law relating Chimes immigration AMI IN
the very paragraph in question rcpc. Hawaiian trca ii
then the in question had operate
repeal i It probable that would have been wOrlcl
directly the other repeating clauses Of the Resolution:
This view finds further support in the general II
Congress shown by the Resolution q, a whole The Rclu-
"n i set forth in full in the Pcaco decision ConG~ ILL
attempt to int" particulars cxcct with very
few matters with regard which sIvial reason for
making particular provision. The President WAS given very
and very wide discretion the civil judicial
and military powers exercised M the the existing,
in sail Islands, cxcrci-c- until Cne~.
shall provide for the Of such islands The muni
cpal legislation Of the Hawaiian Islands. shall
remain IN force until the Congress the United State shall
otherwise determine \ commission provided for {. rc-
ommend such legislation they should necessary or
proper. Congress recognized that not in position -
csi>ate in detail at that time. 1t manifested general
to allow go about usual here subject {. the
supervision Of the President until it should in a position t.
make such changes should h. deemed proper manifested
general intention that order prevail and that there
should hc hiatus in the government 81 Islands T. Il
probable III view of this general intention manifested ia
Resolution whole that Congress intended the Incidental
indirect clause i'll question repeal large most important
portions Of Hawaiian law bndy any knowledge ;
results and without substituting other necessary provisions In
their places:
And this leads the further consideration that this view fn
support in the circumstances under which the Resolution Wa
adopted 1t was known that Hawaii had had constitutional
for nearly wears with executive Legislative
and Judicial departments that during that period large
OF legislation must have accumulated providing for
merry of government and the administration of Justice
the laws of governments however civilized or
critanzc they may be- even upon the important
matters covered by the Constitution the United
must have known from the things that there
might be Legislation these islands entirely proper in itself aud
satisfactory to the people directly interested vet
sstent with certain provisions Of the Constitution Take the
matters III question In there
provisions like those found here for
intervention of grand jury and for vcrcs by Of
twelve The Constitution prohibit such Ircvi.
>ons in the several States There inherent objection to
them. Many u-ts regard them than the ordinary ones
which require grand ures and unanimiiy of vcrlc~ nr
such circumstances Is likely that Congress deliberately intended
repeal the existing machinery of Justice
without providing substitute with the crimes could
he pcrpcatc with punty and the fundamental rights II life
liberty and property could bc proiecl To that would
lac To- subordinate the substance spirit the Constitution 60
the form Of Of Its provisions. general
character the Resolution question and passed under such
circumstances ought bc construed literally with view t.
cfecting if possible what J. reasonable and just ,l,crcr
probably intended hy Congress rather than such WAY a, -
imputc to- Congress rcckc~-nc-s and injustice
Again. it was provided in the Resolution that:
Until Congress shall provide for the government 81" such 81
au> all the civil judicial and military powers cxcr bv the
iccr ot the existing IN said islands vested
in such person persons and shall H. IN - manner
the President II the United States shall direct
In the exercise If this power tlc President directed that
iIp r1V ana 1niIia
exercised v the officers 81 the Republic Hawaii - i, existed
just prior &" 'hc transfer Of sovereignty. ."
Under similar Legislation ia thc 81 Louisiana t President
invested Governor with all the powers exercised .y c Coy
General AMI ncnIaut under the King II Spain under
whom trials conducted without the intervention - ~