The Hawaiian gazette., 1900-06-01
TERRITORIAL
GOVERNMENT
Justice Frear Talks Up
on That Subject.
CONGRESS FAVORED HAWAII
Learned Speaker Before the triangle
Club, Tells Of Advantages
Given Us.
(From Wednesdays DailyJ

An appreciative audlence hsteheo W
the address Of Justice Frear last even
ing on Territorial Government, given
at the Young Mems Christian Associa-
ton hall His remarks were not in
the form of lecture, but given merely
as an instructive talk to those who de-
sired to know more fully what Ter
ritorial form of government means to
Hawaii. and what benefits were given
to this country by Congress not re-
ceived 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 well as the Legislative laws
of the last session, which was printed
at the Government printing office with
in five days.
Speaking of the establishment OF
laws in a newly organized territory,
Judge Frear said
congress is the legislative power in
q Territory. Where does Congress get
this authority? There Is nothing said
in the Constitution about Territories
Well, the Constitution authorizes Con
gress to declare war, and this gives II
the right to acquire Territory by con-
quest. The Constitution authorizes the
President of the United States to make
treaties, and under this caption to ac>
Quire territory by cession or treaty. 1t
also 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 terrl.ory. When
this is done, the United States owns
that territory and no one else has any
right to it. Congress derives this pow
er to legislate in Territories because 1t
owns these territories by right. Wheth-
err Congress is limited by other provis-
ions of the Constitution is a question
upon which there Is a great difference
of opinion.
Speaking OF Territorial Government
in particular, l will state there are
great many varieties under that head
ing. You will remember that on July
last year at the Opera House, reso-
luton was adopted by all present ask
ing Congress to extend the Constitution
and Laws of the United States to these
Islands. 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 generally
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 80 far as the
Governor and Secretary are concerned,
is almost word for word the same as
in 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 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
TSCOTuS VI Tic lC6lolutulC Gnu VI thc
territory, makes reports to Washing
ton, and acts for the Governor in his
absence.
"As to the Legislatures and laws we
find a great variety. There are three
kinds Of laws enforced In territory;
first the territorial act itself which
takes the place OF the Constitution.
Then there are the general Federal
laws passed by Congress, and In each
territorial act there is some provision
like this. The Constitution and laws
so far as applicable will have the same
power In territories as elsewhere.
Then there Is the third-class of laws,
the great body OF laws relating to mat
tiers 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
civil code OF Its own; last year 1t pass
ed the penal code. Alaska has never
had this heretofore.
I'm some cases Congress has simply
said, as In the case of Indian Territory,
that the laws of Arkansas will become
the laws of the territory. They just
took them bodily and put them into
Indian Territory. The same occurred
with Alaska when the Oregon laws
were lifted bodily to become the laws
Of the territory. In the very first Ter
ritory organized In 1887. there was no
Congress said that the
governor and judges OF the territory
might select such laws as they thought
best from the laws of the thirteen orig
lnal colonies or states. In some Ter
there were no laws already
there to enforce. Such was the case
in Oklahoma, which was made In a
day, so to speak. Congress then said