The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-06
IN THE HAWAIIAN ISLANDS.
Need of Legislation Affecting the
New Territory.

Some embarrassment In aQmlnlStra-
ton has occurred by reason of the pc
culiar status which the Hawaiian is
lands at present occupy under the joint
resolution of snnexation approved
July Z, 1898. While by that resolution
the republic of Hawaii as an independ
ent nation was extinguished, its sep
arate sovereignty destroyed and its
property and possessions vested in the
United States, yet a complete estab-
lishment for its government under our
system was not effected.
While the municipal laws of the is
lands not enacted for the fulfillment
of treaties and not inconsistent with
the joint resolution or contrary to the
constitution of the United States, or
any of its treaties, remain in force, yet
these laws relate only to the social and
internal affairs of the island, do not
touch any subjects of Importance
which are of broader national char
acter For example, the Hawaiian re-
public was Invested of all title to the
public lands in the islands and is not
only unable to dispose of lands to set
tiers desiring to take up homestead
sites, but is without power to give COM
plete title in cases where, lands have
been entered upon under lease or other
conditions. which carry with them the
right to the purchaser, lessee, or set
tier to have a full title granted to him
upon compliance with the conditions
prescribed by law Or by his particular
agreement of entry.
Doubt and Difficulty.
Questions of doubt and difficulty
have also arisen with reference to the
collection of tonnage tax on vessels
coming from Hawaiian ports; with
reference to the status of Chinese in
the islands, their entrance and exit
therefrom; as to patents and copy
rights; as to the register of vessels
under the navigation laws; as to the
necessity of holding elections in ac-
cordance with the provisions of the
Hawaiian statutes fer the choice of
various officers, and as to several other
matters of detail touching the interests
both OF the islands and of the federal
government.
BY the resolution of annexation the
president was directed to appoint five
commissioners to recommend to con-
gress such legislation concerning the
islands as they should deem necessary
or proper. The commissioners were
duly appointed and after careful in
Vestigation and study Of the system
of laws and government prevailing in
the islands and the conditions existing
there, they prepared u bill to provide
a government under the title of the
territory of Hawaii" The report of
prepared, was transmitted by me to
congress on Dec. 6. 1898, but the bill
still awaits final action.
The Need OF Laws
The people of these islands are en-
titled to the benefits and privileges of
our legislation, but in the absence of
any act of congress providing for fed
eral courts in the islands, and for a
procedure by which appeals, writs of
error and other judicial proceedings
necessary for the enforcement of civil
rights may be prosecuted, they are
powerlesS to secure their enforcement
by the judgment of the courts of the
United States. 1t is nIanifoldly i'm
portant, therefore. that an act shall
be passed as speedily as possible erect
ing these islands into a judicial district
providing for the appointments of
judge and other proper officers and
methods of procedure in appellate pro-
ceedingss and the government of this
newly acquired territory under the fed
eral constitution shall be fully defined
and provided for.