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

under the Constitution and laws Of the United States vested
in the Circuit and District of the United State but this
does make them Circuit and District Courts of the United
States. We have often decided Lmerica" Insurance Co.
Caner / Pet III; Bcnner ct a. Porter 9 How. 235;
Clinton EngIcJrccht Wall They Courts
Territories invested for purposes with the powers of the
Courts of the United States
The Congress approved March 1858, entitled
Act establish the Territorial Government of Washington
enacted "hat the District Courts of the Territory shall have
and the jurisdiction all arising under the
Constitution and laws of the United States vested the
Circuit of the United States of all
arising under the laws of the Territory. In the of
"The City Of Ponano,' e. S. 0S79 a libel rem
against steamship filed in the proper District Court of the
Territory The jurisdiction of the Court attacked by the
respondents, admiralty and maratime" being the
subjects apparently reserved by Art Ill the Supreme and
inferior Courts there referred In dposng of the ques
tons raised it said inter ALA: Beyond all question adj
miralty jurisdiction, including jurisdiction in prize cases.
vested in the Territorial District Courts by the ninth Section
of the organic the explicit language the being
the District Courts of the Territory shall have and exercise the
jurisdiction in all arising under the Constitution and
laws of the United States is vested in the Circuit and Dis
Courts of the United States also of all arising
under the laws of the Territory ( x
estate Courts have jurisdiction in admiralty
Courts within the such Jurisdiction, except
established pursuance of the third Article of the
Constitution but this Court in that case" (4ne1a Isu
a.
opinion, decided expressly that the limitation does
extend the Territories that in egsang for the Territories
Congress the unlimited powers the General and of
State government x
"Insances where jurisdiction e. arising
under the Constitution and laws of the United States has
been exercised by the Territorial District Courts under such
numerous and they extend from the time territorial
system organized the present and power has
always been exercised without challenge from quarter and
without the least doubt of their constitutional legal
thority.'
It is certainly late doubt the power of Congress
govern the Territories There have been differences
of opinion the particular clause of the Constitution from
which power derived, that has always been
conceded All territory within the jurisdiction of
United included any State necessarily
governed authority Congress The Ter
but political subdivisions of the outlying dominion
of Their relation the
much the that which counties bear the respective
States and Congress may egate for them State does for
its municipal organizations The organic law of Territory
place the fundamental law of the
local 1t is obligatory and binds the territorial
authorities; but Congress supreme, and for the purpose of
this department of its governmental authority has all the pow
people United States except
expressly by implication reserved in the prohibitions of the
Constitution" National Bank County of Yonkton 1O1 L.
S. 1873 0S79)
being, them clearly by Congress
constitutionay, establish the ur
diction arising under the laws of the United States
though such be other than those contemplated
Art Ill., and likewise delegate Territorial Legislature
the power establish such tribunals remains be consd
cred what power any, Congress has in the exercise of that
authority conferred this Court.
In the Joint Resolution of July !, 1895 it is provided that
'un Congress shall provide for the government of such isl
and all the civil judicial and military powers exercised by the
officers of the existing in said islands, shall be
vested in such persons and shall be exercised in such
the President of the shall
the President shall have power said officers and fill the
vacancies occasioned and further municipal