The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-10
CONSTITUTION and FLAG.
DOES THE ONE r-nLOW THE
OTHER?
Important Discussion of the Question
Tariff-Board of Appraisers.

NEW YORK, July 27.-A decision was
handed down today by the United
States General Appraisers in the test
case involving the right of the United
States Government to levy regular du-
ties under the Dingley tariff on goods
coming from Hawaii w. H. Crossman
IS Brothers, importers, claimed that un-
der the constitution no duties could be
levied, as Hawaii had become part of
the territory of the United States. The
board oVerruled the protest The deci-
sion covers the period between the an
neXation of the islands by joint reso-
lutiOnS and their creation into a reg
ular Territory by the recent act of Con-
gree. The status OF the islands since
they became a Territory is not passed
upon. General SomerVille writes the
opinion Of the board.
The contention OF the importers"
| says Mr.. Somerville, lis that at the
| time of the shipment and entry of the
goods the Hawaiian Islands constituted
! a part of the territory of the United
States, and not subject to duty under
! the Dingley act, but were entitled to
| free entry. The right Of congress TO levy
/ these duties is denied as being in con-
! flict with the provisions of the constitu-
! ton, which provide that all duties,
| imports and excuses shall be uniform
! throughout the United States, and
that no tax or duty shall be laid on
articles exported from any State. 1t is
! contended on the part of the Govern
ment that the Federal constitution does
not extend eX propria vigore with all
it's limitations to newly acquired ter
ritory not yet admitted as a State; that
the power of Congress over Terrific
rfes is general and plenary to make such
rules and regulation for their govern
| ment as in it's discretion that body may
see fit to do.
"A further contention of the Govern
ment is that until Congress by special
legislation extends the tariff and other
revenue laws over newly acquired ter
ritory and establishes therein collection
districts, with ports of entry and clear
ance for vessels, such territory remains
foreign country for tariff purposes and
it's ports are not domestic ports with
| in the meaning of the laws of Congress.
THE importers, on the other hand,
contend that Congress is a creature of
the Federal constitution; that it neces-
sarily derives all it's Just powers from
the provisions of that instrument and
that while in legislating for territories
it may properly exercise the combined
powers of general and of state govern
ment, nevertheless the Federal Govern
ment is one of the delegated powers,
and all of it's legislative authority
must be exercised in subordination to
the principles and subject to the limi-
tation of the constitution.
ION these issues the decisions of
courts and opinions of jures are APP
parently in state of conflict, If not of
ineXtricable confusion. The question
of the constitutional powers Of Congress
over newly acquired territory is con-
coded to be one of great moment. Poll
teal parties have divided on this issue
and a question purely constitutional
thus becomes political in its nature and
consequences. 1t must finally be settled
by an authoritative decision at the
hands of the highest judicial authority
in the land-the Supreme Court of the
United States, the final arbiter of all
such disputed judicial questions. In
view of this well-settled principle and
of the conflict of authorities the board
thinks it proper to overrule the protest
and affirm the Collectors decision,
which is accordingly ordered"