The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-27


tied They incapable of receiving it They legislative
Courts created in virtue of the general right of sovereignty
which exists IN the governments virtue of that clause
which enables Congress all needful regua-
ton respecting the territory belonging the United States
The jurisdiction with which they invested, part
Of that judicial power which defined in the rd Article of the
Constitution but is by Congress the execution of
those general powers which that body the
tories of the United States. Although admiralty jurisdiction
be exercised in the States in those Courts only, which
established pursuance of the rd Article of the Constitution,
the limitation does extend the territories In legis
lan for Them Congress exercises powers of the
general, and of a government.
think then that the Act of the territorial legislature
erecting the Court by whose decree the of the Point
Pee sold Inconsistent with the laws and Constit
ton of the United States and is valid
In 1919 after the admission Florida State further
questions of jurisdiction and decided
Benner 4. Porter, Howard (1S 121) In that
case, the Court said:
The distinction Federal State jurisdiction,
under the Constitution of the United States has foundation
in these territorial governments; and consequently such
distinction exists either respect to the jurisdiction of their
Courts the subjects submitted their cognizance. They
Legislative governments and their Courts legislative Courts
Congress- the exercise of its powers in the organization and
government of the territories combining the powers of both
the Federal and State authorities There is but system of
government of laws operating within their limits neither
subject the constitutional provisions respect State and
Federal jurisdiction.
They organized under the Constitution subject
its complex distribution of the powers of government
the organic law but the creations exclusively of the egs
lative department, and subject its supervision and control
Whether there provisions in that instrument which
extend and upon these territorial governments
material to examine. We speaking here of those pro-
visions that refer particularly the distinction between Fed
era and State jurisdiction & Z
<'Ihe admission of State the Union brought the
territory under the full and complete operation Federal
Constitution and the judicial power of the Union could be
eced only in conformity the provisions of that
By Art Ill, Section The judicial power of the United
States shall be vested in Supreme Court and in such infer
Tor Courts Congress may from time time ordan and
tabl The Judges both of the Supreme and inferior Courts
shall hold their offices during good behavior
Congress only oran and establish
within State and prescribe their jurisdiction, but the judges
appointed to administer them must the constitutional
of Office before they become invested with
ton of the judicial of the Union There exception
this rule in the Constitution The territorial Courts, there
fore, Courts in which the judicial power conferred
by the Constitution of the Federal Government could be de-
posted They incapable of receiving the of
the incmbens but four years. 1 Pet. Neither
they organized by Congress under the Constitution, they
invested with powers jurisdiction which that body
Incapable of comforting upon Court within the limits
of a State
la C1nto" Eng1cb,echt, Wall. Az, 0s71 the
just cited were approved the Court saying:
The Judges of the Supreme Court of the Territory APP
pointed by the President under the Act of Congress- but this
does make the Courts they authorized to hold Courts of
the United States. This decided long in The Ameri
Company Canter and in the later of
Benner Porter There is nothing in the Constitution which
would Congress from comforting the jurisdiction which
they exercise if the Judges elected by the people of the
Territory commissioned by the governor They night be
clothed with the authority decide all arising under
revision Indeed hardly be supposed that the ear
Territorial Courts did decide such questions although
express provision already
seen. unit a recent period.