The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-30

ons appears to have US at big disad-
vantage all around. and the question Will
arise, How many more con
cessions' granted by Spain in the Phil
ippines has our government bound itself
to respect and protect? 1t Is rather late
to "cry over spilled milk" but 1t may
transpire that our American commission
ers who helped to frame the treaty of
Paris didn't have their eyes wide open.
Mr. A. B. ingalls,, Mr. w. D. Alex
ander, ex-suryeyor general of Hawaii,
who is now in Washington, and z. It.
Bant have been designated as members
of the board of Civil Service Examiners
at Honolulu and ]. c. Ridgeway and E.
G. Moses as members at Hilo.
The Comptroller of the Currency has
approved of the application of Charles
M. Cooke, president, and c. D. Lufkin,
cashier, to organize The First National
Bank of Waikiki, island of Maui, with
a capital Of $4,000 and to begin bust
ness. Other incorporators are Cecil
Brown, j. B. Atherton and Henry Wa
terhouse.
Mr.. Charles II. Raven has been ap-
pointed Deputy Night Inspector, and H.
W. Bowers and George W. Bower as
night inspectors of customs at Homo
lulu.
The language of Attorney General
Knox's decision regarding the validity
of the Territorial act authorizing an
additional judge will be of interest in
Hawaii. This decision, which was an
official one, rendered in writing to the
President. contained nine typewriter
pages but the substance is contained
IN mt
was devoted to citing the circumstances
and the former laws of the territory.
The decision concludes in this language:
The only question is whether Congress.
in adopting the Hawaiian law as fixing
the number of Circuit Court judges,
adopted it permanently, or subject to
change by the Territorial legislators; and
where the adoption and the provision for
such change are, with equal clearness,
expressly stated in each OF the same
sentences, but one conclusion is posi-
BILE.
Indeed, it would be difficult to frame
language more clearly subjecting to leg
tslatiVe change the whole matter of 1.-The
laws of Hawaii heretofore in force con-
corning courts, and their Jurisdiction and
procedure" and relative to the judicial
department''-the one which fixes the
number of judges; and "all laws of Ha-
wall, not inconsistent" etc. l know of
no rule of construction which will refer
this repeated very broad and general Ian
guage merely to some particular por-
tions, where the whole is so plainly ex-
pressed.
Congress seems to have adopted large
portions of these Hawaiian laws in a ten
tative, provisional way, to see how they
wolld work in practice, under the new
regime, leaving to the legislature as to
itself. the power to make such changes
as time and experience should prove to
be needed. And it viii be noticed that it
is only these adopted laws, and not the
Act of Congress itself, that the legisla-
ture is thus authorized to change; and
further, that these relate to matters
which Congress might we'll have confided
TO the legislature in the first place if it
had so chosen, and 1t would seem that
there are few subjects more suitably re-
ferred to local legislation than that of
the number of judges which time and
trial might show We're necessary in the
principal judicial circuits of the Terri
tory.
1t has been said that, as circuit judges
are appointed by the president, by and
with the consent of the senate, then, If
the Territorial legislature can increase
the number this would be to impose a
duty upon the president and senate,
which cannot be done by such body.
If the legislature can create an office
or increase the NUMBER of officers, 1t is
SO simply because Congress has author
lied it, and in such case the office is just
as much created by Congress as if it had
itself created it, and if any duty devolves
upon the president and senate to fill an
office created by Congress, it does so just
as much in the one case as the other.
The whole force of the objection goes to
the power of Congress to thus authorize
the Territorial legislature, and this 1 do
not discuss. I have no doubt that Con-
gress might have provided, If it chose,
that the Supreme Court and each Circuit
Court should consist of as many judges
as the legislature should prescribe, and
be appointed by the president by and
with the advice and consent of the SEN
ate, nor have I any doubt that in such
case the same duty-if any exists in any
case--of appointment and confirmation
would deyolve upon the president and
senate as if the number had been fixed
by Congress directly. And just so in this
case. The only question is whether Con-
gress has In fact authorized the legisla-
ture to increase the number of circuit
judges. and that l answer affirmatively,
My visit here in Washington. which
has been devoted entirely to consulting
with different department officials, has
been eminently satisfactory" said Sec
rotary Cooper today, as he was leaving
the Interior Department. Everywhere
there is shown a keen interest in the
welfare of Hawaii. l spent nearly all
of yesterday Thursday. October 10
afternoon with the Secretary of AgTicul-
ture. Mr.. Wilson, discussing matters Of
interest to his department in Hawaii.
I am assured that Immediately there
will be sent to Hawaii from the de-
partment experts in various lines who
will investigate the possibilities and
conditions OF the islands in different
lines. Tomorrow Saturday. October
19) I intend to call upon the Commits
sfoner of Fisheries and see what he can
do towards the protection Of fish in the
islands.
The department experts. who are go
ing to Hawaii will study the character