The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-30
TERRITORIAL
GOVERNMENT
Justice Frear Talks Up
on That Subject.
CONGRESS FAVORED HAWAII
Learned Speaker Before the TrianpI,
Club, Tells Of Advantages
Given Us.

An appreciative audience listened u
the address OF Justice Frear last even.
ing on Territorial Government. given
at the Young Mems Christian Associ,.
tlon hail. His remarks were not in
the form of lecture, but given merelv
as an instructive talk to those who de.
sired to know more fully what a Ter.
ritOrial form OF government means n
hawaii, and what benefits were given
10 this country by Congress not re-
celved by other territories of the Unit
ed States.
The Judge was primed with informa-
ton OF all kinds bearing upon the re-
cent acts of Congress relating to Ha-
wall, and exhibited the volume con-
taining all the laws, both civil and
penal. as we'll as the Legislative laws
OF the last session, which was printed
at the Government printing Office with
in five days.
Spe~kins OF the establishment OF
avs In newly organized territory.
Judge Frear said:
SOhBress Is the legislative power in
Territory. Where does Congress get
his authority? There is nothing said
IN the Constitution about Territories.
Wei, the Constitution authorizes Con
gress TO declare war, and this gives IL
ne right TO acquire Territory by con-
quest. The Constitution authorizes the
President Of the United State to make
treaties, and under this cap on to ac>
quire territory by cesslon or treaty. IL
assO cOnfers upon Congress the author
ity TO admit new states into the Union.
so In these three ways Congress has the
power to acquire new territory. When
this Is done, the United States owns
-nat territory and no one else has any
right to Il. Congress derives this pow
er TO legislate in Territories because 1t
owns these territories by right. Wheth-
er Congress Is limited by other provis-
IONS OF the Constitution Is question
upon which there Is a great difference
Of opinion.
"Slsdking OF Territorial Government
in particular. | will state there are a
great many varieties under that head
lng. You will remember that on July
Z last year at the Opera House, a reso-
utiOn was adopted by all present ask
and Laws of the United States to these
ls.ands. Had these been taken liter
ally. 1t would be rather ridiculous to
say the least. Congress has never Civ
en- any of the Territories the benefits
Of the general laws, and especially to
land acquired in the manner / have
spoken Of.
congress makes a specific act to
meet the needs OF each territory. II
Congress should extend the laws of the
United States TO these Islands, we
would have a great number OF incon-
sistent laws conferred upon us.
Territorial Government Is genstally
divided into three classes: The execu-
tive. legislative and judicial. The ex-
ecutive department is very much the
same in all the territories. The pro-
vision In our territorial act so far as the
Governor and Secretary are concerned,
Is almost word for word the same as
I'm the very first Territorial Act made
In 1887 In fact, in all cases there Is
a Governor and Secretary. These two
and the other officers OF a territory are
appointed by the President OF the Unit
ed States for four years. The Governor
has the enforcement OF the laws and
Is commander Of the territorial mill
tia: he can veto bills passed by the
legislature. The Secretary keeps the
records OF the legislature and OF the
territory. makes reports to Washing
ton. and acts for the Governor In his
absence.
"As 10 the legislatures and laws we
fad a great variety. There are three
kinds OF laws enforced in territory;
first the territorial act itself which
takes the place OF the Constitution.
Tben there are the general Federal
laws passed by Congress, and in each
territorial act there Is some provision
ike this: The Constitution and laws
80 FAR az applicable will have the same
power in territories as elsewhere.
Then there Is the thlrd-class OF laws,
the great body OF laws relating to mat.
ters of detail. such as the formation OF
our own legislature, and court pro
cedure. who passes those laws In
some OF the Territories there Is no
legislative body, as In Alaska and the
Indian Territory. In Alaska, Congress
Is undertaking TO give the Territory a
civil code OF its own; last year IL pass
ed the penal code. Alaska mas never
had this heretofore.
''Tn some cases Congress mas Simply
said. as in the case OF Indian territory
that the laws OF Arkansas VIII become
the laws of the territory. Ihey gusl
took them bodily and put them lnto
Indian Territory. The same occurrel
with Alaska when the oregon iaWs
were lifted bodily TO become the avs
OF the territory. In the very nrst Iei
-tt ,,,.,, orgo ntzsd I'm 1887 there was no