The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-12
TEE rAc1r1e ooM4ERc ADyERsER HosoluIu sErrEnBEa u 1901

dM
n the treaties so extnguished and not inconsistent with
= Joint Resolution nor contrary to the Constitution of the
Lad States any existing treaty of the United stt
uain force until the Congress of the United States h
tbr~ie determine,
Ne said the first Edeards pages 81 ct sea- that the
lament that the principle of erpressio ,ius eus;o
a of intention continue in force those
gaan laws which were not inconsistent with the Consitn
ION Of the United States implied intention to discontinue
hoe which inconsistent with the Constitution and we
n the language used the direct form usual
employed BY Congress to express such intention that
The Constitution and laws Of the United States shall have the
n and effect in the Territory elsewhere in the United
ps the argument one of inference ONLY and that
1--WE argue from inference we should aroe from all M
rcehose from other provisions of the Resolution and
hose the Resolution whole as well as that from the
dause question; that the inference in question was not
ay inference for the continuation of certain Hawaiian
did not necessarily discontinue others that the inference
Of repeal and that repeats by implication were not fa
l where the Resolution repealed other portions of I
law such those relating Chinese immigration and
this very paragraph Hawaiian treaties it did 50 directly and
by inference; that Congress by the Resolution as whole
manifested general intention allow matters to 90 on here
usual subject the supervision of the President until
should be in position make such changes as should be
very few matters with regard which there
special for making particular provision that it gave the
President very large powers; that provided civil
JUDICIAL and military powers exercised by the officers
sting government should be exercised until Congress should
provide for the government the islands, and that the MUM
opal legislation of the islands with certain exceptions should
force until Congress should otherwise determine that
provided for commission recommend such Legislation they
nd deem proper thus recognizing that it
not position legae in detail that time; that in
these provisions likely that Congress intended by
he incidental indirect clause question repeal important
portions of Hawaiian law blnd, without knowledge of the
suits and without substituting other provisions that Congress
have that there might be branches of law here
which might be entirely proper themselves and satisfactory
people directly interested and yet which might be ncon
with provisions Of the Constitution if those pro-
were put here that te that resolution Of
general character and passed under such circumstances
should be construed literally with of eecting, pos
lb what was reasonable and just and therefore probably in
tended that it was expressly provided that Until Congress shall
provide for the islands all the ciu judicial
military poees exercised by the officers of the eristng
in said islands shall be vested such person per-
and be exercised such the President of
the United States shall direct and the OF such
power the President directed that The eiu judicial and mil
ary poes question shall be exercised by the officers of the
Republic of Hawaii existed just prior the transfer OF
egay that these positive provisions under which, in
the absence of other provision to contrary prosecutions could
conducted without the Intervention of grand and
diets rendered by twelve jurors and that these pos
provisions ought be outweghd by the indirect
in regard the Constitution that under similar provi
trials conducted in Louisiana, when acquired,
Without Intervention of jury at ALL that IN view OF the lore
going considerations there much to believe that Con
gs did not extend the Constitution in all Its tuness
that time and that such construction should
adopted possible that could reasonably adopted on the
theory that the nor contrary to the Constitution OF the
United States decaatory distinguished from re-
medal nature that inserted for the purpose OF truth and
ezacn or out of abundant caution and should be construed
reasonably could be- contrary TO the Constitution
far as it was in force here propr1o ogor mas
nch s might b that some of the Constitution would