The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-17
MASTERY Presentation.
SOLICITOR GENERALiS BRIEF on
IMPERIALISM.
Presents the Whole Theory of the
Possessions-Is Clear and Luminous.

WASHINGTON, January All is
ready for the great battle against inn
periaism in the Supreme Court to-
morrow. An army of lawyers has
gathered in Washington The govern
ment will be represented by the Attor-
ney- General and the Solicitor General,
while Senator Lindsay of Kentucky will
take the same side in the fight in be-
half of New York pilots. Although the
leader of the struggle against the colo
NAL theory of our new possessions is
John G.. Carlisle, the honor of opening
the contest belongs to Frederick b.
Coudert Jr., whose brief is the strongest
document yet submitted.
But the Government has delivered a
mastery blow in the brief of Solicitor
General Richards which was COmplet-
ed today. This argument discloses the
whole case of the Mckinley Admins
tration. 1t is the supreme climax in
the most far-reaching case ever sub
mitted to the Supreme Court. The Nc
Kinley Administration stands squarely
on the ancient democratic doctrine of
States rights, holding that the Union
| is a union of States, and not of States
and Territories, and that the States re-
served to themselves and their people
the powers not delegated to the Gov
eminent.
But the most surprising thing in the
governments brief is the Solicitor Cen
erals sweeping admission that the con-
stitutiOn of the United States does fol-
low the flag, and that it is partly in
force in Porto Rico and the Philippines
This is the first time that the Gov
eminent has recognized the existence
of the constitution in any form in our
new possessions. The Solicitor General
deals in his brief with the DeLima,
Downs. Dooley, Armstrong and Cross
man cases, which make up the ground
| work of struggle. The So
| licitor-General refers to Chief Justice
Marshal for conception of the American
| empire composed of States and Terri
| tories. He deals with the very central
| factor in the situation as foil The
! Territories are not an integral part, but
possessions of this great corporation
! The governing unit, composed Of the
| States, possesses and eXerci5 SEES dcmi-
! Mon over the Territories, subject only
! to the applicable restrictions and lini-
tations of the Constitution. 1t is true
| that every part of the national domain
\ is within the jurisdiction of the Con
stitution, but it does not follow that
every part is subject to all IF it's pro-
| visions. Each part is subject TO some
one or more of them, but all pacts arc
not subject to all.
Outside the limitations of the COL
stitution, it's spirit requires the Gov
eminent to treat all subjects of our 10
minion with justice and equality under
the law. Tyranny and oppression can
| not cOnstitutionally exist under the
sovereignty of the republic, whose
| founders declared that all men are en-
titled to life, liberty and the pursuit of
happiness.
But these essential priciDles upon
which the Government rests, these fun
damental limitations in favor of per-
sonal r ghts do not Com0> the resident
! and Congress to provide trial by jury
in Territories where the jury sustem is
unknown and where no proper juries
can be had or to let crime go unpunish-
ed.
"The Constitution which gave the
United States power to acquire terri
tory by treaty and imposed upon Con-
gress the duty of disposing of and gov
erning ii, did not leave the National
Government helpless by demanding inn
| possibilities"