Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-10-23
LAW GOES WITH FLAG.
supreme Court of Hawaii Decides
an Important Case.


Honolulu Special: The supreme court
of the territory on Oct. 10 in two cases
decided the question Of whether the
Constitution follows the flag. The
personnel OF the court was different in
the two cases The two decisions are
diametricalIy opposed to each other.
In one case the court holds that tm-S
mediately upon cession of the soSer-
eighty over the Hawaiian islands to the
United States August u, 1898. the con-
istitution of the United States. with all
its guarantees for the protection of life.
liberty and property, was in force The
other decision holds that the constitu-
Ation OF the United States was not in
force here until extended by congress
in the territorial act.
The two decisions We're In the cases
of William H Marshall convicted of
criminal libel. who was put on trial af-3
ter August u. 1898. without an rdict-.
ment by grand Jury. and convicted
by a verdict of ten in a jury OF twelve:
and George Edwards. convicted under
like circumstances.
The supreme court in the Marshall
case was composed Of Chief Justice
Frear, Justice Galbraith and ). A..
Morgan, sitting in place of Justice
Perry. In the Edwards. case the court
was composed Of Frear and Galbraith
in place of Perry. Galbraith and
Humphreys held that the constitution
followed the flag; Grear and Magoon
that it did not.
In the Edwards case Justice CAL
braith giving the opinion. the history OF
annexation and the course Of decisions
on the question are given fully and the
court itself says:
THE government of the United
States is one of delegated powers. The
American nation, or. in the language
Of the constitution. the people OF the
United States, is absolutely sovereign.
This sovereign has prescribed certain
fundamental rules. contained III the
constitution of the United States, which
| its servants. the president and each
member of congress. must take a SOL
lemn oath to support and defend as a
1 condition precedent to taking Office
These servants are nowhere authorized
| to exercise absolute sovereignty, but
! their powers are limited by the very
! terms of the constitution under which
they hold their respective offices and
i discharge their official duties.
4 I'VE cannot assent to the doctrine
4 that the operation Of the constitution ir
the territories belonging to the United
j SateE depends upon the will or actor
i OF congress extending it there. Thi.
4 doctrine necessarily carries with 1t thu
admission that what one congress cal
|,give3the same or succeeding congress:
can take away: that altho congress b.
4 the organic act organizing the terri
4 tory Of Hawaii extended the constitu
4 ton and laws OF the United States I,
this territory. the next congress nigh
Z repeal that part Of the organic act. ant
{ that then the people OF this territor!
would have none Of the guarantees o
llife, liberty and property provided Il
the constitution, and might hereafte
j, be governed as province, crown
colony, or in any manner that congress
in its wisdom or unwisdom might pro
vide; that tariff might be levied OF
the products OF the islands going int
the states, and citizens Of this terri
tory might be denied the rights an
], privileges Of citizens OF the Unite
States residing in other parts of 1t
Imperial domain.
ut cannot be seriously contende
? that congress intended. by the Join
resolution Of annexation. or did in fac
!. authorize the courts OF the HaWaiia
lslands to do what the courts Of n
: other territory Of the United State
could do After annexation the court
OF the Hawaiian islands exercised a
lthelr power and authority under ii
!, Ijoint resolution and by direction Of tt
president of the United States, and \
lmay observe % this coaaection that q