The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-01-25

rrE lnsuLAR CASES.

7 TE iHSGlHH NNSGo.
The arguments before the United
Stat Supreme Court in the insular
case have brought out admissions
upon h- part Of those who contend
that rae constitution does not follow
the Tag that it would seem destroys
the whole fabric Of their contention.
n ia questions asked by the Justices
OF m. Supreme Court serve as q guide
it voaa certainly appear that the
court viii hoia that the administra-
tion- position is wrong ana that the
posi,o' taken by ex-President Har-
risoa Is right
The Supreme Court Of the United
State has a way Of asking deadly
questions calculated to tangle up men
like Solicitor.General Richards Mr.
Orchards ira his argument on January
sth held that the people were not the
sovereign power but the creators Of
the sovereign power which was the
government. He held that Congress
had the right TO have a mar tried for
life without jury. outside of the or
Eaaized states. thus taking the same
position as that held by the Supreme
Court 81 Hawaii in the Edwards case
decided May 3lst. 1899. wherein =.
held that some parts OF the constitu.
ton obtained over Hawaii hut other
parts did not and among those which
did not apply here were the Fifth and
Sixth Amendments to the Constitu-
ton which provide for indictment by
. grand jury, and a speedy public trial.
Solicitor-General Richards argued
that a tax on imports from the United
States into Porto Rico was local tax
imposed for territorial purposes. and
asserted that Congress had right
10 collect the tax as a Federal power
and hand it over to itself as local
power in Porto Rico.
Under that view" said Justice
Brewer. would Congress have the
power to collect duties on all goods
shipped from a State to New MeXico?"
Il believe that Congress has that
power. answered the Solicitor Gen
eral Il believe that Congress could
sell New Mexico If necessary. although
some provision would have 10 be
made in the treaty TO protect citizen
ship"
The SolieitorGeneral smiled and
folded his arms triumphantly. But he
was not yet ont of danger for Justice
Brewer asked:
you say that Congress can dis
pose Of New Mexico or Arizona. but
that il would have To make an ar
rangement TO protect citizenship.
How can that be if New Mexico and
Arizona are not in the United States?''
In reply MIR. Richards made a long
speech on the power of Congress 20
provide for the naturalization of
aliens.
One of the things upon whirh those
who hold as do the Attorney General
and Solicitor-General lay great stress,
is that part OF the thirteenth amend
ment which reads neither slavery nor
involuntary servitude shall exist with
in the United States or any place sub.
jees TO their jurisdiction" This, il IS
argued. can only mean the national
domain outside the Sta,es-that is.
the Territories and insular posses
sions.
The fatal objection to that theory is
that the very cornerstone of the gov
ernment's contention is that the con-
stitution does not apply to the Terri
tories or other possessions beyond the
States until il is expressly extended
90 them by Congress. This contention
must effect every part OF the constitu-
ton as directly and forc!bly as it does
the whole. How cav q, be claimed in
one breath that the constitution does
not apply to the Territories or new
possessions. and In the next that one
Of its amendments has full force
there. How can il be argued that the
power of Congress is absolute beyond
the States because not limited by the
constitution. and st the same time
contend that it Is not absolute because
restricted
Under a yolley Of pointed questions
from surprised Bench Attorney Gen.
eral Griggs made the sweeping admis-
sions that Congress was free to abol-
lsh personal rights In the Territories
and new possessions or set mp . des-
le11c Uoyesameef Il d nov appar.