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

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THE COURT BY FREAR j.
These actions the saos1557 the second for
S3O5O6 moneys alleged have been had received by
the defendant to the of the plaintiffs respectively namely
collected by the defendant duties
lulu since the annexation of Hawaii the United
paid by the plaintiffs under protest These moneys alleged
to have been collected at divers times the first complaint from
August - 1898, January 1892 and in the second
plant from September %, 1895 February l. 1899 The
complaints contain the allegations required by
Civ t. Sec 1850 relating against the
further allegations the effect that of Joint Reso
luton of the Congress of the United States approved July
1885, the Hawaiian Islands did, August 1885, the date of
the transfer of sovereignty become part of the territory of the
United States that military conquest said islands
ned States has taken place. that the said islands have
has the said port Honolulu under
of the military forces of the United States; that than
reasonable time has elapsed for the Congress
egsate concerning the imposition in the Hawaiian Islands
of the tariff States for collector to
control the port Honolulu pursuance leg
tion and that in said Joint Resolution the said Congress did
positive legislation concerning the laws of the
Hawaiian Islands, which legislation unconstitutional and void.
The defendant denrred in each number of grounds
only of which is relied onte general that the
plant does facts sufficient constitute
ton
The substantial question raised whether
could the
the United States collect duties the prescribed
waan laws force Immediately before annexation the
ton of the plaintiffs being that this prohibited by the following
clauses of the Constitution of the United States
M duties mposts and shall be uniform throughout
United art 81 shall vessels bound
FROM State be obliged clear, duties in
another" Cart. 1, Sec. 81.
The Joint Resolution referred to is follows:
Joint Resolution provide for annexng the Hawaiian Islands
the United States
Whereas the Government of the Republic of Hawaii having
due FORM gned its the provided by its
constitutions absolutely and without the United
States of America all rights of sovereignty of whatsoever kind
and the Hawaiian Islands and their dependencies and
also cede and transfer the United States absolute fee and
ownership of all public Government Grown lands public
buildings edices ports harbo military equipment and all
public property of every kind and description belonging
Government of the Hawaiian Islands, together with
and appurenance hereuno appertainng Therefore,
Rcsored Senate and House Of Representatives of
the United Of america IN Congress assembled That said
accepted ratified and confirmed and that the said
and their dependencies be- and they hereby
annexed territory of the United States and
subject the sovereign dominion thereof and that all and
singular property and rights herenbeore mentioned vest
ed in the United States of America
he existing the relative public lands
shall not amply to such lands in the Hawaiian Islands, but the
Congress United States shall enact special laws tor their
management and dispositions Procded That all revenue from
proceeds of the except regards such part thereof as
may occupied for the civil military naval purposes
the United States be assigned for the use OF the local
government shall be used solely for the benefit OF the inhabitants
of Hawaiian Islands for educational and other public pur
poses.
Until Congress provide for the government of such isl
civil judicial and military powers exercised by the