The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-19

such with reference WHICH trainers of the Const
ton were presumed have acted That view supported by
the TACT that such practice the of the United States had
been aquesced by the executive and Legislative departments
OF the for thirty years Indeed Circuit Court
had based its decision this practice rather than
dependent Judgment deemng wiest in view Of practice
to leave the question of the validity the trial Judgment to
be determined by the Supreme Court of the United States on
appeal rather than discharge the prisoner him get
beyond the jurisdiction of the court - ssis
Lastly do these provisions powers that are subject to
the paramount authority of Congress though Congress
not exercised its authority do they limit only the of
Congress itself! In Talo Hayes, SUPRA the Supreme
Court held that these provisions did apply trials under
laws OF the Cherokee nations although that tribe only
territory of the United subject the para
mount authority of Congress In that Congress did
itself pass the laws certain did grant the Chero-
KEGS authority do rather merely permitted the Cheokees
to eglate for themselves and conduct their trials they pleased
Just they had done before their territory became
territory That is although Congress had supreme control
the Cherokees and their territory and such territory United
States territory and completely subject the sovereignty of the
United States yet held that Congress might permit them
to remain practically in the position of foreign
CARDS trials and other internal Why could
Congress equally lawfully and contuonay permit Hawaii or
Porto Rico the Philippines the position of foreign
territory for similar purposes until
BEST or had opportunity terminate such by appro
pirate legislation? .t y~..4
Thus have that least different classes of
the Supreme Court of the United States has held these
constitutional provisions do apply although there moth
ing the language of of them indicate
of the classes of In each class
based largely upon historical grounds and in
largely upon the ground that the Constitution should
trued in the light of the and practice of naons with
reference which be presumed have been framed by
the wise who performed that difficult task and who
acquainted with such usags and practice and who evidently
tended provide government for nation with sovereign
powers that could command the respect of other nations and
that would be equipped with the powers necessary
alton and progress
The opinion United States District Judge Lochren
In Ois 100 Fed 955 relied In that the
prisoner civilian, tried and convicted of murder in Puerto
Rico by the military authorities of the Uhted States after that
island had been captured by the forces of the United States but
before the treaty of peace with Spain had taken effect The
Judge held that the prisoner lawfully tried and convicted
though without Indictment by grand jury trial by
petit jury But he also expressed the opinion, obiter dictu
that if the trial had taken place the treaty had been ratified
the conviction would have been unconstitutional The
given by him support of his opinion answered above though
without special his opinion On the other hand may
be cited the decision by United States District
Judge Townsend in Goetse t. 81 supra, holding that
after the ratification of the treaty cedng Puerto Rico to the
United States the provision of the Constitution that a Duties
mpo and excuses shall be uniform throughout the United
States did apply that island but that the island still
to regarded foreign territory with respect duties In
deed the argument that the constitutional provisions question
extended here merely because these islands part of the
United States territory not be sustained 1t is in conflict
with too many decsionsdecons only in the above cited
relating State governments to military
United States territory and the Cherokee government
spect of each which cases. language found of the
constitutional provisions question the territory which
they applicable but also decisions under provisions which
expressly the Omitted States such that just quoted
atne to duties others such for instance that relating
he judicial power of the United States which not only clearly
does include the judicial of the several States but has
been held repeatedly include the judicial power the
when exercised by courts created solely by Congress
Even those courts usually spoken OF as federal courts which
exercise in territory the jurisdiction of both District and Circuit
of the United States such established in these
islands and officially known the District Court of the United
States do of he judicial power of the United
States within the meaning of this provision of the Constitution
lf.au:.ta. II are established by