New-York tribune., 1901-01-16
THE STA TUS Of HA WAH.
ANNEXATION ACT DID NOT EXTEND
CUSTOMS LAWS. ARGUES SOLICITOR
GENERAL RICHARDS.

Washington, Jan. 15-solcitor-General Richards
to-day replied TO Mr.. Smiths argument in the Ha-
waiian test before the United States Supreme
court In this case, he SAID, IL obviously the
intention Of Congress. s practicable. to
treat the Territory a part of the United States
for legislative purpt ses 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 Ha-
wafan Islands IL necessary that period Of
preparation should Intervene after the passage of
the resolution of annexation. On July Z. 1885, when
the annexation resolution passed, there
customs laws of the United States in operation
In Hawaii. and customs officers Of the United
States there. The customs laws of the Republic of
Hawaii in force, and they were the only laws
of that character 1t is obvious, therefore that If
the resolution of annexation Immediately abrogated
the customs law of the islands the territory would
have been left without any customs laws, open TO
the ships Of the world. The customs laws of the
United States could not have effective operation be-
cause there agencies there to enforce them.
If, then, the resolution of annexation threw open
the ports of Hawaii to the world, at the time,
according 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 open door through Hawaii into
ports. We could inquire. when goods came into
the United States from Hawaii. whether they had
been brought into Hawaii entrepot TO the
United States
Mr.. Richards argued that this sort OF thing could
not be permitted and he expressed the opinion that
If Congress had believed that such a consequence
would ensue the resolution of annexation would
not have been passed until arrangements could have
been made put in operation United States Gus
toms and commerce regulations immediate tely. Evil
IDENTIFY the islands were not to be deemed part of
the United States for customs purposes until Con-
gress should extend the United States customs laws
and regulations the islands He called attention
TO the act of annexation saying that it did not
make the Hawaiian Islands part of the United
States. but a part of the territory of the United
States. 1T is" he said obvious that territory
nexed or ceded TO the United States becomes "a
part Of the territory of the United States but 1t
does not become "a part of the United States IN
either constitutional legislative until Con-
gress shall determine" In conclusion Mr.. Rich
ards said
In the annexation resolution it was expressly pro-
weed that the customs regulations or the Repupnc
Of Hawaii should continue until Congress should
extend the customs laws Of the United States TO the
April 80 1900 that the isl >nds became part OF the
United States for customs purposes by the exten-
sion of our laws TO them.
Mr. Richards was Interrogated by the Chief JUS
tice and by Justices Harlan, Peckham, White and
McKenna. In reply to Justice Harlan he said that
IL II became desirable do the United States
could part with Hawaii, could with the Philip
pines, because neither is a part of the Union. He
did not contend. he said that Congress could dis
integrate the Union but did hold that Congress
could dispose Of territory which simply belongs to
treaty negotiated In 1898 for the annexation Of the
islands that, he said, made explicit provision for
been done under the resolution OF annexation. He
laid some stress on the fact that this treaty had
Harrison. Mr. Richards was followed by Wickharn
Smith who closed the case for the appellants
About dozen of them have been heard. and the
court now has them under advisement.