The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-12

to the contrary United States history and it itself this
Resolution expressly the Hawaiian customs
laws notwithstanding the provision of the Constitution that call
dne nnposs and shall be throughout the
United States In the second Edeards case in further support
OF former general of Congress
shown BY the Joint Resolution quoted Cat page SD the fol
lowing other passages from opinions of the
nyeneral of the United States he resolution replete
with indications that temporarily the relations the two
tries continue practically unchanged Even of Ha
walr relations with other countries continue its
eminent still to exist and collect revenues laws
remain IN force however with laws and the
powerfully judicial and by its officers
still to be exercised 1t plainly apparent that Con
g regards the establishment American for
and the the islands
be attended the future upon consideration the wide
separation of the in locality and character
Turning the Insuar Gases, find nothing in the
opinions majority the effect of the foregoing
reasoning On the contrary there passages that
confirm it. We shall take the time space enumerate
quote illustration will however be given The
Foraker Act provided that all officials authorized by that
should to support the Constitution of the United
States this be urged that Congress intended to
extend the Constitution Porto Rieoan inference, by the
way drawn by the majority of the the second Bd'oards
officers in Hawaii required by the
President by Joint Roluton) take such oath
for how might asked could take oath support the
and then proceed contrary its povon
The that reasoned IN the first Edodrds case
some provisions of the Constitution might be applicable
during the transition period and therefore oath could
properly support the Constitution far
proprio rgore just Hawaiian municipal egisa
properly be excepted whe contrary the Const
tuition of the United States far the Constitution APP
pcae here itself without necessarily making applicable
as Mr.. Justice White said in Doaones Bd'oeH
Cat page so7) The fact that the directs the officers to
swear to support does initiate against this
view for conceded whether the island be incorporated
or not applicable provisions of the Constitution there IN
force"
Now let US consider the nsuar Gases regard the
srcton of the Joint without reference particular
reasons advanced by
First IN Crossdn o. United States, which direct
~ relating to Hawaii placed Hawaii during the period
in question the category with Porto Rico and,
in the relating Porto Rico held that the
Constitution had become fully applicable there.
Secondly in the relating Porto Rico find refer
Hawaii pointing the direction For instance,
Brown Docnes BideeU Cat page 775) after
reviewing the Louisiana and Florida with reference to
their transition periods spoke of Hawaii much the way
az follows:
go in the annexng the Republic of Hawaii, there
provision continuing effect the relations of the
Hawaiian with the United and other countries
the effect Of which compel the collection those islands
of duty upon articles whether coming from the United
States other much than the duty provided
by general tariff law then in force. This dcrnna
ton against the Hawaiian ports wholly inconsistent with the
Of Constitution if such clauses there
operative
Mr. Justice White also speaking for Mr. Justice Shiras and
Mr. Justice McKenna well for himself in the
apparently that Hawaii did become ncorpora
part the United States until the Organic Act took eff
feet He said Cat page 7s By joint resolution of Congress
Islands under the sovereignty of the United
1898; and April 80 1900 for the
of Hawaii approved by which the Hawaiian Islands
were given the of an incorporated territory
Thirdly the majority of the in the Insular Cases held
that did Porto Rico