The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-06-20
THE CONSTITUTIONAL QUESTION.


Whether or not the Federal Consti-
tuition has full force and effect here,
as II 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 Su-
preme Court in Federal matters has
no force beyond the territorial bound
aries, and at best is only pontoon
bridge over a 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-
TONS 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 1t and directed its appli-
cation. Other wen qualified jurists
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.
II 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 nere 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 of
the Constitution requires.
1t Ia 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 1t would not un-
dertake to say that this territory held, |
at the instant OF annexation, the same
relation to the Federal Government
that other territories held. Ii could
have, in the Act of Annexation. said
In one sentence that TIE Constitution
should take effect at once. 1t did not
say 30. And Congress did not say so.
because, in the opinion Of its men,
bers, 1t was not wise or polite to do
50. And 1t at once proceeded to show
that II did not consider that the Con-
stitution was in general force here, by
preserving the tariff laws OF Hawaii,
which are in conflict with Section Z of
the Constitution, and in failing to
pass any laws enforcing the Constitu-
ton here.
COnceding, as an abstract question
that Congress has misconstrued the
relations OF this territory to the Fed
eral Government. 1t is safer and wiser t,
for our local and territorial courts to
follow the drift Of Congressional opin-
ion than II is TO bring confusion into !,
our affairs during transition period, J
So far, the Executive in Washing I,
ton has not made any directions. or /,
encouraged any efforts, TO get here or !
elsewhere. every. judicial opinion on
this complicated question. If it had
any doubts about its own action, or |
the duty of its subordinates, the local |
officers here, 1t could readily have !
gone into the courts for that purpose !
II prefers the statu quo, until Con-
gress has finally acted. Our Supreme |
Court, in making its decision on the !
constitutional question, co-operates !
with the Federal Government during |
the transition period. II our court is !
in error, it has the Federal Govern !
ment for a companion in error.