The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-10-27
WISDOM FROM HAWAII.


WISDOM FROM HAWAII.
Hawaii. having secured a territorial
form of government, proposes to see that
all rights under the constitution are main
Gently held that the constitution of the
United States followed the flag to the
islands, and that 1t did not require any
action ON the part of congress to put
the organic law in force after the flag
was run up. In this particular case was
involved the right of Hawaiians to trial
by jury under the same rules of pro-
cedure obtaining in the United States
The absence of the grand jury feature
in Hawaiian court practice was also
under review. A man named Marshall
having been convicted of criminal libel
in a trial which was not preceded by
grand jury Indictment, and by vote
of ten to two of the jury sitting In his
case. appealed, alleging unconstitutional
procedure, and claiming that he had been
convicted without due process of law.
In considering the case the supreme
court of Hawaii was of course COM
PEELED to plunge directly into the great
question of which the constitution fol-
lows the flag, or whether the organic
law can be considered as separate from
United States sovereignty until congress
sees fit to join the two In any given
Of no
dicates line of reasoning at once simple,
sensible and patriotic. The Hawaiian
court asserts the full pride of American
citizenship in the tone of It's deliverance,
and the entire text is one that might be
expected from one of the states of the
Union whose rights under the constitution
We're threatened. AS the devil can quote
Scripture, so can the special interests,
tuition for their purposes, but the honest
patriot, thinking of nothing but justice
and the sacred rights guaranteed to all
men under our flag, goes to the heart
of the matter with a simplicity that
maintains the right unerringly.
Does congress have power to extend
or withhold the constitution at its pleas
ure over territory Of the United
creature of the constitution, whose pow
ers are limited by the constitution, and
whose sole and only powers are de-
fined in the organic law? Congress can
hot
stitutfon either forbids or does not ex-
pres5ly permit, and territory under the
flag must be regarded as under the con-
stitution, Also before congress can be-
gin to exercise its constitutional powers
to legislate for that territory. II has
never been assumed before the Spanish
possessions and Hawaii were acquired
that United States territory could be
under anything but martial law or con-
stitutional law. When the former ceases,
congress must take hold under the latter.
1t was never intended that congress
should have the power to say what
portions of the constitution shall. and
what shall not, be extended to new terri
tory, and this opinion Is supported by the
obvious absurdity of the contention that
congress can act under the constitution
part Of the time as 1t may see fit, or
go outside in the exercise Of the legis-
lative functions, whose scope would nee
essarily be underlined, unlimited, and
therefore dangerous. The folly of trust
stitution was plainly shown in the Porto
| Rican legislature, when a partisan con-
| gress rejected a portion of the organic
| law merely because certain trusts and
campaign contributors to the Republican
party thought it would Interfere with
their selfish interests If allowed to go
| into force. A privilege like this once
conceded to congress, there is no guaran-
tee that any other party that hap
| pened to be in power would not commit
| like atrocity. and the only safety of
the people lies in at once and forever
sealing the tendency with popular inter-
diction. The menace contained in arbi-
trary congressional power Is we'll set
| forth by the Hawaiian supreme court,
as follows:
1--WE cannot assent to the doctrine that
the operation of the constitution in the
! territories belonging to the United States
upon the Will or action of congress ex-
| tending it there. This doctrine neces-
/ sarily carries with 1t the admission that
what one congress can give the same
| or succeeding congress can take away;
| that although congress by the organic
| act organizing the territory of Hawaii
extended the constitution and laws of
the United States to this territory the
next congress might repeal that part of
/ the organic act, and that then the peo-
pie of this territory would have none of
| the guarantees Of life, liberty and prop
erty provided in the constitution, and
might thereafter be governed as prov
ince, crown colony, or in any manner
that congress in its wisdom or unwis-
! dom might provide; that tariff might
| be levied on the products of the islands
going into the states, and citizens of
! this territory might be denied the rights
and privileges of citizens of the United
States residing. in other parts of its I'M
perial domain
That is the simple truth and simple
| truth Is mighty.
SATURDAY GLOBE CHANCES.