Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1901-01-16
HAWAIIAN TERRITORY
NOT AN OPEN DOOR
For the World Into the
United States.
CUSTOMS LAWS EFFECTIVE

SO1lc1JOF OeuOfdA AESu AAaO ASAohAN0
Are Not Part of United states For
Customs Purposes Until Congress
Shall Have So Declared.
WASHINGTON, Jan. 15.-Solicitor Gem
eral Richards TO-DAY 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 as practica-
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 on, 'before these
laws could be put in operation in the
Hawaiian Islands it was necessary that
a period of preparation should intervene
after the passage of the resolution of
annexation.
son July 7, 1898, when the annexa-
ton resolution was passed, there was no
customs laws of the United States in op.
Grafton in Hawaii and no customs Off
customs laws of the republic of Hawaii
were in force and they were the only
laws of that character. 1t is obvious,
therefore, that if the resolution of an
nexation Immediately abrogated the Gus
toms laws of the island the territory
would have been left without any GUS
toms law open to the ships of the world.
The customs laws of the United States
could not have effective operation be-
cause there were no agencies there to
enforce them.
"If, then, the resolution of annexa-
tion threw open the ports of Hawaii to
the world at the same time, according
to the contention of opposing counsel, it
threw open the ports Of the United
States to ships coming from Hawaii.
The effect of this would have been to
give an open door thr Jugh Hawaii into
our ports. We could not inquire, when
goods come into the United States from
Hawaii, whether they had been brought
into Hawaii as an entrepot to the United
States"
Mr.. Richards argued that that sort of
thing could not be permitted, and he
expressed the opinion that if congress
had believed such consequence would
ensue, the resolution of annexation
would not have passed when it did, nor
until arrangements could have been
made to put in operation our customs
and commerce regulations Immediately.
So far as customs matters are concerned,
evidently the islands were not to be
deemed part of the United States for
customs purposes until congress should
have further legislated 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 a part of the United
States, but part of the territory of the
United States.
cit is, " he said, "obvious that terri
tory annexed or ceded to the United
States becomes "a part of the territory
of the United States, but it does not be-
come "a part of the United States in
either a constitutional or legislative
sense until congress shall so determine ="
In conclusion, Mr.. Richards said:
"In 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 purposes by the ex-
tension Of our laws to them"