The Union times. [volume] (Union, S.C.) 1894-1918, 1901-01-18
HAWAIIAN KfdT0Ry
NGAh tpEh DOOR
For the World Into the
United States.
CUSTOMS LAWS EFFECTIVE
Solicitor General Argues That Islands
Are Not a Part of United states For
Customs Purposes Until Congress
Shall Have So Declared.

Shall Have So Declared.
WASHINGTON, Jan. 15-Solictor Gen.
eral Richards toGay made reply to Mr.
Smiths argument in the Hawaiian in
sular case now being heard before the
United States supreme court. In this
case, he said, it was obviously the in
tention of congress, as soon rs practical
BILE. TO treat the territory as part of the
United States for legislative purposes.
so that the revenue and commercial
laws which apply in the United States
should operate there.
But" he went OH, "bafore these
laws could he put i'll operation in the
Hawaiian IslanSs it was necessary that
q period of preparation should intervene
after tho passage OF the resolution of
annexation.
"On July :, 1898. when tho annexa-
ton resolution was passed, there was no
customs laws OF tho United States i'll o..
Grafton in Hawaii and no customs Off
GERS of the United States there. The
customs laws of the republic OF Hawaii
were in force aud they were the only
laws of that character. It i obvious,
therefore, that if the resolution or an
ncNation immediately abroga;cd -he Gus
toms laws OF the island the territory
would have been left without ANY Gus
toms law open to the ships Of the world.
Ihc CO stoms laws of the United States
could not have effective operation be-
cause there were mo agencies there to
enforce thcm. ~
"lf, then, the resolution OF annexa-
ton threw open the ports of Hawaii to
the world ut the same time, according
to the contention o9 opposing counsel, it
threw open the ports Of tho United
States to ships coming from Hawaii.
The effect OF this would have been Co
give an open door through Hawaii into
our ports. We could not inquire, when
goods como into the United States from
Hawaii. whether they had been brought
into Hawaii as an Cntrepot to the United
States"
Mr.. Ricaa-,ts argued that that sort of
thing could not be permitted, and he
expressed the opinion that If congress
had believed such Il consequence would
enSuc, the resolution OF annexation
would not have passed when it did, nor
untli arrangements cauld have been
made TO put i'll operation our customs
and commerce regulations immediately.
so far as customs matters are concerned,
evidently the islands were not 20 be
deemed part Of the United States for
CUSTOMS purposes untll congress should
have further legislatsd the matter by
law, extending the United States Gus
toms laws and regulations TO the islands.
He paid attention to the annexation res
olution, saying that it did not make the
Hawaiian Islands part of tho United
States. but part of the territory of the
United States.
'It is" he said, "obvious that terri.
tory annexed or ccded to the United
States becomes "a part Of the territory
OF the United States, but it does not be.
come q part of the United States in
either constitutional or legislative
sense until congress shall so determine"
In conclusion, Mr.. Richards said:
"ln the annexation resolution it was
provided that the customs regulations
of the republic of Hawaii should con.
tinue until congress should extend the
customs laws of the United States to
the island. 1t was not until the pas
sage of the act OF April 30. 1900, that
the islands become part of the United
States for customs pnrposes by the ex.
tension Of our laws to them"