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

member and member of the bar sitting as substitute
another the third member dissenting that these clauses
applicable during that period The decision IN the two
cases last mentioned by majores of the Court
specially constituted and arriving opposite conclusions
filed and most offset each other leaving the
decisions in the cases. rendered unanimously by the
Court as regularly constituted in full force In these four
and others that have before the Court the view that
Constitution did extend here in all funes whatever
might be of of its provisions have had the
support members and present members of the
former Circuit Judge and member of the
and least of other members of the
bar sitting substitutes while the contrary view has had the
support of but member of the Court and of Circuit
Judge sitting substitute Under these
should of course follow the view adopted in the Peacock cae
the first Edads and other of similar purpor unless
clear advanced reversing
But flaw pointed out IN the reasoning upon which those
decided and have been presented in
support Of the opposite The only element introduced
of the decisions of the Supreme Court of the
United States in the socaled Insular Cases. But these
read them only do tend show in the
have hitherto take but far they CO. support only
former conclusion but also former reasoning remark
able degree They every argument made by the majority
of the in the second Edaoads case with exception
that they do pass upon though their language point
ed strongly against that also Those decisions our own
ary refer quote from them from our own former
opinions extensively will be sufficient them briefly
respect of the three principal questions involved o. Did
the Constitution extend in all its uness force to
these islands Immediately upon annexaton (2 Did the par
cuar clauses relating ues here of their
at that tme and 3) Did the Constitution these particular
become applicable here that time by force the
language used in the Joint Resolution Annexation even if
they did then become applicable their own foce2
Let us consider these questions in their order
Did, then, the Constitution extend here in all its funess
propro uigoe Immediately upon nnexaon2 In the Inular
Cases the only clauses of the Constitution that
that which requires that duties shall through
out the United States and other closely related is
the clauses that involved the Peacock case All nine
members of the apparently of the opinion expressed
the Peacock case that after Porto Rico had been
conquest and until the ratification of the treaty of peace the
regard the uniformity of duties throughout the
United States had application that island for though the
island then subject to the sovereignty of the United States
and to be regarded of the United States by other
nations, part of the United States within the
ing of that provision But the divided opinion
the application of that provision that island after the island
had been ceded by the treaty that Is during the period which
we have held correspondent the period question the pres
minority of four members of the apparently
the opinion Rico became part of the
onl1eu STATES WITHIN the meaning OF hat provision With the
minority opinions need ourselves forcble though
they Until the Supreme Court itself majority
decision bound follow it. Of the majority of ve four
namely Justices Gray, Shra White and McKenna took the
that Porto Rico remained foreign territory after treaty
within the meaning of the constitutional then under
consideration and that territory when acquired by the United
States though 1t became domestic for purposes remained
foreign for other purposes until became incorporated by Act
OF Congress integral part of the United States According
to their view the Constitution extended fully newly acquired
territory Congress showed expressly by implication
that the territory be deemed hencefoh fully ncorpora
ed as integral part of the United States but that until such
me the territory to be regarded
partly domestic and partly foreignduring which period
Constitution not applicable whole. AS Mr. Gray
said Where must of necessity be transition PERIOD The