The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-09
Thc Hawaiian Anomaly.

Recent decisions OF tie Supreme Court Of
Hawaii hold that the Constitution OF tho
United States is not in force in those
Islands.
The firms OF W. G. PEACOCK Il Co. and
LOvEJoY Is Co., importers at Honolulu,
sued The Republic of Hawaii" for the
retulm of about $40 OOO OF customs duties
paid hy them under protest to Hawaiian
officials since the annexation Of Hawaii TO
the United States. The counsel for the
merchants rested their case mainly upon
the provisions of SECTIONS 8 and Of the
first article OF the United States Constitu-
ton:
IAN duties. imposts and excuses shall be uniform
throughout the United states"
Nor shall vessels bound to- from. one State. be
obliged to enter. clear, or pay duties in another"
The defendant, the republic which in one
view is extinct by annexation, and in an
other view survives as an actual and eff
cicnt Government, relied chiefly upon that
part OF the Joint Resolution OF Annexation
which provides:
Until legislation shall DO enacted extending the
United States customs laws and regulations to the
Hawaiian islands the existing customs relations of
the Hawaiian islands with the United States shall
remain unchanged"
Tho Hawaiian Court, in its opinion, rec
ognized the grave and difficult character of
the questions involved, and declared its
intention Ito go no further in these cases
than it is necessary to 60" Nevertheless,
the Court went so far as to decide and hold
that the provisions Of the United States
Constitution respecting the uniformity of
customs duties do not apply at the present
time to Hawaii
In another case, that OF THE Republic Of
Hawaii against G.. l.. EDWARDS. a person,
who convicted OF an Infamous crime, without
the Intervention of a Grand Jury and by vote
of nine out of twelve petit jurors, as permit
ted by the Hawaiian statutes, pleaded his
rights under the Fifth and Sixth Amend
ments to the United States Constitution,
the same Court decided and held that the
Fifth and Sixth Amendments to the Con.
stituton Of the United States are not in
force at the present time in the Hawaiian
Islands.
In third case. decided only few weeks
ago, that OF the Honomu Sugar Co. against
one SAYEwIz and one NIKtiv,sG GZELUCH,
imported contract laborers. convicted Of
descrtion under the Hawaiian Masters and
Servants Act the same Court held that the
Seventh, Eighth and Thirteenth Amend
ments to the Constitution Of the United
States and also section OF article 3 OF the
! Constitution. are not in force in Hawaii
These cases are destined to BIO famous, II
| they ever get to the Supreme Court of the
United States.
Thus, almost exactly year after the an
nexation of Hawaii to the United States, the
Courts OF Tho Hawaiian Republic" are re-
| pudiating, piece by piece the Constitution
| OF the United States 30 far as concerns its
| applicability to Hawaiian Jurisprudence!
Meanwhile we witness the absurdity Of
continued registry Of shipping in Hawaii
under defunct sovereignty and an extinct
dag
| Was there ever a more anomalous con-
dition Of affairs than Ia seen now in Hawaii
u year after annexation
No wonder that excellent lawyer and
good American citizen, the Hon. FRANCIS
NJ. HATCH. formerly Minister of Foreign
Affairs in the Government OF the Hawaiian
Republic and afterward Hawaiian Minister
at Washington, is moved to say, in letter
to the Pacific Commercial Advertiser Of July
"a, MY view is that the Constitution Of
the United States belongs to u.s. that it be-
| came extended to these islands by the act
Of annexation, and that no power exists
that can deprive us OF 1t. We cannot
secede; neither can we be cast off. We are
part and parcel of the United States"