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

feonies without indictments by grand ;uries Roi,u :
Nebraska, supra
that it has been held the provisions in ones
ton apply ca popr'o rtgOe the District of Columbia or at
least to congressional action with reference to such District
Callan Wilson, 1877 u S. 54o Capital Traction Co. o Ho
ia u s. The decisions these go far to support the
same view with reference the territories although the earlier
decision based part upon assumption which has been
shown above to be erroneous that such had decided with
reference the territories and the later was based upon
the earlier and in the opinion of the District of
Columbia may be distinguished from the territories especially
those acquired after the adoption of the Constitution with refer
to the application of the Constitution But assuming that
there such valid distinction still decisions do not affect
the present question: which relates territory whose status has
not been determined.
1t is true also that has often been held that these provisions
OF the Constitution force the territories only be-
Congress had expressly provided as has
provided in the of Hawaii that Constitution should
have the force and effect in the territory elsewhere
the United States do wish be understood from the
foregoing being of the opinion that the constitutional prov
sons in question would extend the organized territories
the absence OF an act OF Congress terms extending them In
deed believe that far da they support
the view that such provisions would extend strongly
than the opposite The fact adequately shown
appropriate that Congress has the
the territory organized territory of the United States
fully incorporated for all purposes part of the United States
may be sufficient itself opinion upon this point
What do believe that the question of the of such
provisions OF their force organized territories has
never been pdcay decided and generally regarded
having been settled But whatever may be the decsion if
decision made whether these provisions of the Con-
sttuon extend of their organized territories
is not the question here presented
The question here presented whether apply
of their force territory of the United States the middle
of the three stages above mentioned acquired but
whose status has not been determined by Congress
Upon this question dica but DECISIONS cited in
support the view that the constitutional provisions question
do extend territory under such These da
for the part entitled little weight partly be-
they of general character and uttered with reference
to territory this stage but the third stage above
toned with reference other questions than those here
volved and partly because many and satisfactory dctd of
the general character may be found the opposite side
Such dctd which side found entitled little weight
except read the the the questions involved
the in which they uttered For instance, the fol-
lowing recent language of the United States Circuit Court of
Appeals for this Circuit, in Endleman u 81 sc Fed. 1885,
$685. although its face pointing strongly in the direction
that the of the Constitution do extend
ritories, has but little bearing the present
"The and other like objections urged the
brief of counsel for defendant found the weestab
lshed doctrine that the territories of the United States
iely subject the legislative authority Of Congress They
organized under the constitutions subject its complex
distribution of the powers of the organic law
but the craton exclusively of the legislative department
and subject its supervision and control Benner Porter
How 235, 242 The United States having rghuly acquir
ed the territory and being the only which
pose upon them, has the entire dominion and sovereignty
Lational and municipal federal and state"
Nor the opinion often expressed that Congress in egsa
ing the has the combined powers of the federal
of government entitled much weight in this
necon although taken literally would that Congress
might do away with grand ures and nnanmity of vects in
the territories well settled that this may be done by
state government
The United States sovereignty 1t has under the Con-
tuon acquire territory by conquest treaty of
Congress The purposes for which, the which, the
in which acquire territory limited by the
Constitution. The sovereign power acquire territory carries
with it the incidental powers usually exercised by soveregnes
in similar of which incidental powers power
allow the newly acquired territory for purposes
foreign and regard upon the footing
other territory. This is the basis of the decision in the
Peacock This power in derogaon of the Constu-
ton, does its exercise operate suspension of the Con-
L ~