The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-07-25

for one purpose ana foreign for znoth-
er. Il may undoubtedly become 1eces
sary. for the adequate administration
Of domestic Territory. 10 pass spe-
cial act providing the proper rrschin-
err and ofscers. IS the President
would have no authority. except under
the war power. 20 administer il him.
self. but no act is necessary 10 make
IL q domestic Territory II once il has
been ceded TO the United States
The theory that a country may r.
main foreign with respect TO the tariff
laws and domestic for other purposes
the court says. presupposes that -es
erything may be done which Govern
ment can do In its own boundaries.
and yet that the Territory may still re
main a foreign country. That this
state OF things may continue for years.
for a century even. but that until Coz
gress enacts otherwise 1t still remains
a foreign country To hold that this
can be done as a matter OF Law we
deem to be pure judicial legislation.
We find no warrant for IL IN the Con
stitution or in the powers conferred.
upon this court IL is true the non &c
ton Of Congress may occasion tenn
porary Inconvenience. but il does not
follow that courts Of justice are au-
thorized to remedy II by inyerting the
ordinary meaning OF words
Right here II suggests itself to the
mind OF the Court how differently have
the Supreme Court OF the Republic 81
Hawaii reasoned. They say In con
STRUNG the plain meaning of the words
that the municipal laws mot contrarF
to the Constitution shall remain IL
force; that IL they hold that laws con-
trary thereto are abrogated. crime
could not be suppressed. because there
Is no provision for a grand jury or
unanimous yerdicts, and there is no
machinery for the collection of dulles
under the United States laws. ant YES
sells registered under the laws OF the
acquired territory would be without a
flag. so that in a word there wolId be
anarchy in place of order" Peacock
v Republic, supra.) And therefore
they invert the ordinary meaning OF
words" and hold that the provision of
the resolution that laws not contrary
to the Constitution" means laws eon-
trary and not contrary 10 the Cons:i
| tutor" remain in force.
This Court prefers to fellow The
ruling that courts of justice are hot al
thorized to remedy tempo.ai:- incon-
veniences by inverting Ire ordinary
meaning of words.
But no such result as that stated by
the Supreme Court and by the Attor
ney General would follow.
In ex parte Edwards, 10 Haw. As. 46
where it was held that the defendant
| the court said:
Does this construction of the law
mean, as has been earnestly commended
| that criminals should, of necessity, &c
unpublished and that there was no pro
lection to life and property on the ia
waiian Islands between the 7th of July
1898, the date of signing the resolu
lion. and the l4th day of June. 1900
the date the Organic Act went into
effect? Certainly not. During all the
period there was organized Govern
ment here. there were officers anC
courts. legally constituted, continued
in Office and existence by the order o.
President Mckinley under the authori
ity given In the JOINT resolution.
Returning to the decision in d,
Lima v. Bidwell. we find the cour
again saying tp. 754): I'VE are un
able to acquiesce in this assumption
that territory may be at the sam,
time both foreign and domestic
The court then concludes: I'VE ar,
therefore OF the opinion that at tn,
time these duties were levied Porte
Rico was not foreign country within
the meaning of the tariff laws, bu
a Territory of the United STATES. tina
the duties were illegally exacted an,
that the plaintiffs are entitled to re
cover them back"
From a review of this decision il i
very apparent that there can be n,
transition period" as announced il
the opinion of the Supreme Court O
the Republic of Hawaii in the Ed
wsirds case; that instead of
transition period" theory by whicl
temporary Inconvenience" was sough
to be remedied by pure judicial legis
lation." the Hawaiian Islands eithe
became domestic or remained foreign
There was no transition period
about ii. and no '.inchoate annexa
ton" "A country ceases to be foreigl
the instant ii becomes domestic" wv
are unable to acquiesce in the a.ssiimr
ton that a territory may be at IL
same time both foreign and domestic.
Thus speaks the Supreme Court OF tn
United States of America. and in s
speaking rings the death kne.l O
transition periods" and ''inchoate IN
nexation." Even the learned Attorae
General now pauses and admits iha
he has Incorrectly used this phrase i
consequence of what the ssuprem
Court of the United States have sal
and that under their decision Their
could not be such condition or Us
Rod in the status of the Hawaiian is
aads- AS to the contention of the Al
torney General that not even the frs
ten amendments to the Constitution
were in force here prior to the o-gsf:i
Act and that perhaps eyea staver
might exist can only say that eve
. the Chief Justice. who wrote the ds
. cision in the Peacock and .,rss Es
wards cases has FASTENED 10 deny an
part in the decision holding that IL
amendment in regard to slAvesy wa
-. f~>~..e. -