The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-27

express such an intention, IS that
The constitution and the Jaws OF the
United States shall have the same
force and effect in the Territory as
elsewhere in the United States" that
the argument was one of Inference
from Inference we should argue from
all the inferences-those from Other
provisions OF the resolution and those
from the resolution as a whole as we'll
as that from the clause in question.
that the Inference in question was not
necessary inference. for the continG-
alton of certain Hawaiian laws did not
necessarily discontinue others; that the
inference was one of repeal, and mat
repeals by Implication were not IavCr-
ed; that where the resolution repealed
her portions of Hawaiian law Such
as those relating to Chinese immigra-
ton, and, in this very paragraph, Ha-
waiian treaties. it did so directly. ana
not by inference; that Congress by the
resolution as a whole manifested a
general intention to allow matters to
go on here about as usual subject to
the supervision of the President, until
it should be in a position to make such
changes as should be deemed best;
that it did not so into particulars ex-
cept with reference to a very few mat
ters, with regard 10 which there was
provision; that it gave the President
very large powers; that It provided
that all the civil, judicial, and military
powers exercised by the officers of the
existing government should be exerclS-
ed until Congress should provide for
the government of the Islands. and
that the municipal legislation of the
Islands with certain exceptions should
remain in force until Congress should
hnr -iS1 II 10 Io,J
for commission to recommend such
legislation as they should deem nee
essary or proper, thus recognizing that
it was not in a position to legislate in
detail at that time; that in view OF
these provisions it was not likely that
Congress intended by the incidental
indirect clause in question to repeal
important portions of Hawaiian Jaw
blindly, without knowledge of the re-
suits and with substituting other pro-
visions; that Congress must have
known that there might be branches
of law here which might be entirely
proper in themselves and satisfactory
to the people directly interested, ana
yet which might be inconsistent with
certain provisions of the constitution, If
those provisions We're put in force here
at that time; that a resolution of so
general a character and passed under
strued literally with a view to effect
ing, if possible, what was reasonable
and just, and therefore probably in
tended that it was expressly provided
that Until Congress shall provide for
the government of such Islands all the
civil, judicial, and military powers eX-
ercised by the officers of the existing
government in said Islands shall be
vested in such person or persons and
shall be exercised in such manner as
the President of the United States
shall direct, and that in the exercise
of such power the President directed
that, the civil, judicial and military
powers in question shall be exercised
by the officers of the Republic OF Ha-
vail as 1t existed just prior to the
transfer of sovereignty" that these
We're positive provisions under which.
in the absence of other provision to the
contrary, prosecutions could be con-
Quoted without the intervention OF
grand juries and verdicts rendered by
nine out of twelve jurors, and that
these positive provisions ought not TO
be outweighed by the indirect provi-
sion in regard to the constitution; that
under similar provisions trials were
conducted in Louisiana, when it was
acquired without the Intervention OF a
jury at all: that in view of the fore
going considerations there was mucn
reason to believe that Congress did not
intend to extend the constitution in
all its fullness to these Islands at that
time, and that such construction should
be adopted if possible: that 1t could
reasonably be adopted on the theory
that the clause Nor contrary to the
constitution of the United States" was
of declaratory as distinguished from