The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-06-05
SUPREME COURT DECIDES.

At is so hampered by counter views
that it is difficult to thoroughly under
stand what is really meant Read the
various papers and find as many diver
gent views as there are justices in the
Supreme Court. and sectional parties
i'm the United States. The final deci-
sion is carried by a majority of one,
the chief justice being in the minority.
The result of the decision is regard
ed as thoroughly satisfactory by the
Administration and it no doubt gives
immense powers to Congress which the
ordinary Interpretation of the Consti-
tuition has deemed unwarranted, but
which nevertheless has been strongly
Contended for by the advanced thinkers.
The veXed question of whether the
constitution follows the flag is not
clearly laid down. 1t does, and it
doesn't. In foreign relations the Terri
tories are part and parcel of the Unit
ed States and the citizens of the Ter
ritories have the rights and also the
obligations of United States citizens.
They do not necessarily have the fran
the Territory of Hawaii has the fran
chise, not because it is an integral por
ton of the United States, but because
Congress granted it by the Organic
Act. But Congress, if so disposed,
which no one thinks it would or is
likely to be, could completely alter the
franchise, or could abrogate it alto
gether. Our territorial franchise is not
an inherent right, it is a grant or gift
from the Congressional will.
When it comes to trade matters the
decision is very clear that the Consti-
tuition does not follow the flag. Con-
gress has the power to keep up tariffs,
if so disposed. Indeed Congress has
''plenary power to legisate for the ter
ritorial possessions of the United
States" AS far as this Territory is
concerned it has it's act and it can go
on as it has been doing for nearly a
year past. but it must always be with
the feeling that at some time there
may be a change in that act, and that
it is very necessary to keep thoroughly
well posted as to the commercial pres
sure likely to be brought upon Con-
gress by the main industries.
We are not concerned with the vail
dity of customs collected during mill
tary occupation, since we were not oc-
cupied by military force, but we are
interested in the tariff decision upon
our status between the passing of the
Newlands resolution which annexed
the Islands and June IA, when the Or
ganic Act came into force. All duties
collected upon imports from Hawaii
during this transition period will have
to be refunded by the United States
Government. This, however, does not
affect duties collected here upon eX-
ports from the United States. That is
matter which will require a special
case, though if we are to reason by
analogy, if the action of the military
government of Porto Rico in the col
lection of customs duties during the
transition period is to be regarded as
valid, why the action of the civil gov
eminent of Hawaii during a similar
period should be regarded as valid
also.
Another point upon this is that in
ruling upon the Philippine Islands the
decision rules that all goods coming
from those Islands must be admitted
free of duty until Congress shall enact
an organic law, or at all events a tariff
law, but there is no word said about
the collection of duties by the Philip
pines upon goods coming to them. This
ruling has set the tobacco trade up in
arms, and there will be a very strong
effort, as soon as Congress meets to get
a tariff act passed in order to shut out
Manila cigars Meantime our enter
prising merchants should make hay
while the sun shines, and import
stock of these cigars, which are eX-
tremely popular here, and of which a
number of our smokers have been prac-
tically deprived since June last.
The result of the decision is to give
enormous powers to Congress, larger
than many ever dreamed would have
been so interpreted. 1t is undoubtedly
one of the most important decisions
which has ever emanated from our
Supreme Court, if it is not the most
important, since it involves the well
being and commercial prosperity of so
many millions of people.
Some of those commenting upon this
decision look back and say what Chief
Justice Marshall would have ruled, and
what other legal giants of the past
would have pronounced, To The Star
this line of argument seems futile.
Those great intellects weighed the
scales of justice according to the lights
of their times. The present intellects,
and they are probably just as mighty,
weigh them according to the lights of
the present, and in harmony with pres
ent conditions.
The minority put forth some very
strong reasons against the majority
which are well worthy of considera-