The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-20

JHE SIftUIlDNAL QUESTION.
Whether or not the Federal Consti-
as it is on the Mainland, is a question
that can be authoritatively answered
only by the Supreme Court Of the
United States. For under the Consti-
tuition that tribunal alone has the
final judgment in all matters affecting
the Federal Government.
The decision Of our territorial SUI
preme Court in Federal matters has
no force, beyond the territorial bound
aries, and at best is only a pOntOon
bridge over political river.
During the last session of Congress
there was much earnest thought and
speech about the relation of the Con-
stitutiOn to the territories, and the
able debaters came to directly oppo-
site conclusions regarding those rela-
tions. Some of the learned law writ
ers OF the Mainland maintain that the
Constitution does not affect the terri
tories until Congress has expressly
provided for it and directed it's appli-
cation. Other well qualified jurfsts
take the opposite view.
When highly serious issues are be-
fore the Supreme Court of the United
States that court refuses to be bound
by any narrow reasoning, or by what
are called severely logical arguments.
1t looks with great care to the general
good of the nation, and makes that
paramount to strict Interpretation of
general provisions.
Our territorial Supreme Court APP
pears to have followed the practice of
the United States Supreme Court in
declaring that the Federal Constitu-
tion is not generally in force here, be-
cause any other decision would have
invited unnecessary complications
One of the first difficulties that would
follow "a judgment declaring that the
Constitution is in force mere, would be
the illegal conviction of all criminals
since the date of the annexation act
because they were not indicted by a
grand jury, as the fifth amendment oil
the Constitution requires.
1t rs evident that Congress, in pass
ing the annexation act, intended to
govern this territory on the theory OF
territorial government that is gener-
ally accepted But it would not I'M
dertake to say that this territory held
at the instant of annexation, the same
LOT; fo hn ont
that other territories held. 1t could
have, i'm the Act of Annexation, sale
in one sentence that the Constitution
should take effect at once. 1t did no
say so. And Congress did not say so
because, in the opinion of it's mem
beers, it was not wise or polite to dt
SO. And it at once proceeded to SHOW
that it did not consider that the Con
stitution was in general force here, b.
preserving the tariff laws of Hawaii
which are in conflict with Section Z o
the Constitution, and in failing t
pass any laws enforcing the Constitu
ton here.
COnceding, as an abstract question
that Congress has misconstrued tn
relations of this territory to the Fed
eral Govarnment, it is safer and wise
for our local and territorial courts {
follow the drift of Congressional opin
ion than it is to bring confusion int
our affairs during a transition perioc
So far, the Executive in Washing
ton has not made any directions, o
encouraged any efforts, to get here o
elsewhere every judicial opinion o
this complicated question. If it ha
any doubts about its own action, O
the duty; OF its 1subordinates. the loes
officers here. it could readily hav
gone into the courts for that purpos
1t prefers the statu quo, until Con
gress has finally acted. Our Suprem
Court, in making its decision on tn
constitutional question, cooperate
with the Federal Government durin
the transition period. If our court
in error, it has the Federal Govern
ment for a companion in error.