The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-15
HAWAII NOT FOREIGN.
Wickham Smith So Argues Before
Supreme Court.

supreme CO1IL-
Washington, Jan. 13s-when the hear
ing had been completed in the other
cases involving the connection of the
United States with the insular posses
sions, the case of George w. Crossman
ct al, appellants, versus the United
States was called. This case is one COW
ering the entry of goods from Hawaii,
consisting of whisky, brandy and jam,
at the custom house at New York
April 26. 1900, and is the only Hawaiian
case in the list. Duty was assessed
under the provisions of the Dingley
law.
The importers protested against col
Iections of duty on the ground that the
Hawaiian islands were a part of the
United States. that the provision Of the
/ annexation resolution which continued
the customs law Of the republic of Ha-
Waii in force until congress should leg
islate was unconstitutional.
Hawaii Held Not Foreign.
Wickham Smith presented the case
for the appellants. He laid down the
following proposition, upon which he
said his clients rely:
'First-At the time of the importa-
ton of these goods the Hawaiian ISL
gress, approved by the president, an
nexed as part Of the territory of tha
United States. were not a foreign coUn-
try within any sense of that term, and
certainly not within the sense of that
term as used in the enacting clause of
the Dingley tariff act.
"SecOnd-The action of congress in
providing in the joint resolution of an
neXatiOn that the customs relations OF
the Hawaiian Islands with the United
States. and with other countries, Shout
remain unchanged until congress should
further legislate on the subject was d
violation of the provision of the con-
stitution that all duties. imposts and
excuses shall be uniform throughout the
United States
'Third-As such joint resolution pro-
vided for the collection at the ports OF
the Hawaiian islands of duties upon ar
ucleS sent thither from other ports of
the United States, this was, in effect,
a violation Of the provision of section
3 of the constitution, that no tax or
duty shall be laid on articles exported
from any state"
Hear a PiIotage Case.
Before taking up the Hawaiian case.
the court resumed its hearing in the
case Of Charles HUus VS.. the New York
& Porto Rico Steamship company. and
Senator Lindsay continued the argu-
wolves the question Of pilotage. the
owner Of the steamship claiming ex-
emptiOn on the ground that Porto Ri
can ports had ceased to be foreign.
San Juan, ne argued, was never made
a domestic port of the United States
and must be considered a foreign port
until congress includes it in one of the
collection districts of the United States.
Cites Decision Just Rendered.
In the course of his argument Sen
ator Lindsay referred to the decision
just rendered by the court in the Neeley
case. He charged that that decision
establishes two propositions in support
of the governments contention which
apply to the pilotage case
The first of these was that the gov
eminent of the United States may oc-
Cupy and exercise control over a coun-
try over which it's sovereignty extends
in time of peace without necessarily ex-
tending the constitution of the United
States to that country or the people,
and the second that the grant of leg
islative power to congress includes the
power to Iegislate for any people over
which sovereignty is extended.
Senator Lindsay was followed by T.
Kingsbury Curtis for the steamship
company, who contended that the yes
sci upon which pilOtage was demanded
was exempt on the ground that Porto
Rican ports had ceased to be foreign.
and that by the act Of April T. 1900.
the trade between Porto Rico and the
United States has been made coast
wise.
The court authorized Charles A.
Gardiner to file a brief in the pending
Porto Rico and Philippine cases in be
half Of the Tobacco Growers assOcia-
ton of New England. The brief sus-
tains the governments contention that
it is entirely competent of the United
States to lay a tariff on commerce be
tween the United States and their in
Sular nASsessiOnS.