Omaha daily bee., 1903-06-08
SUPREME JUDGES DISAGREE
Some Hold Constitution Follows Flag, but
Majority Take Different View.
HAWAIIAN CASE LEADS TO DECISION
Congress Must Specially Extend
Rights of Citizenship Before Ac-
CURED Territory
Part OF United states.
cFrom a star correspondent.l

(From a Stan Correspondent
WASHINGTON, D.. c., June 7.-(special
Teiegram.)-The history Of the supreme
court is a history of strong antagonism.
In the hundred years or more of its his
tory sharp contrasts have been drawn by
the majority and the minority of the
Judges. Constituted as the present supreme
court OF the United States is It is hard to
get a unanimous opinion from It, the mem
bers differ upon the construction of law
as noted lawyers. The rule OF the major
ity, however. which is a well accepted
principle in our form of government OBJ
tains. and yet sometimes one is almost
led to believe with Blackstone. THAT a
united minority very frequently gives voice
TO the majority of the future"
BY a vote of FIVE to four the supreme
court In an opinion by Justice Brown held
on Monday that the resolution of congress
of 1888, annexing the Hawaiian islands, did
not carry with IL the protection Of the con-
stitution. This decision which is on all
fours with former decisions affecting terri
tory recently acquired by purchase or
otherwise grew out Of a case brought on
appeal from the territory of Hawaii
against Osaki Mankichi. a Jap. who was
convicted of manslaughter and sentenced
TO twentyS years imprisonment In Hawaii
under the laws Of the old Hawaiian re-
public. The conviction took place between
the date of the adoption Of the congress
sional resolution of annexation OF 1898 and
1900, the date Of the act creating the ter
ritory of Hawaii, and Manklchi was found
guilty without the action OF a grand jury,
and by a majority vote of the trial jury.
The attorneys for the Jap after trying
the law points of the case through the
several courts came before the supreme
court with the one point that Manklchi
had not been properly indicted by the
grand jury provided under the common
law which they contended was extended
to the islands at the time of their be-
coming a part Of the United States. The
court could not agree with their conten-
tion and held that the first object of the
resolution was to accept the cession of
the islands; second. to abolish all existing
treaties and. third, to continue the existing
laws and customs regulations.
The court then proceeded to announce
afresh that the constitution does not and
cannot extend by force and vigor to ter
ritoTy acquired, but becomes operative in
such territory only through the dictum Of
congress. The decision in so many words
means that mere annexation of territory
does not clothe the inhabitants of such ter
ritory with all the rights and privileges
conferred by the constitution on citizens
Of the United States. and In effect empha-
sizes the theory Of constitutional construc-
ton which the supreme court laid down
two years ago when the question as to
whether the constitution follows the flag
came before 1t for final adjudication. It
is notable that both the new justices, Jus
tice Holmes and Justice Day. ranged
themselves with the majority, while the
four dissentients. Justices Fuller. Harlan,
Brewer and Peckham chung tenaciously to
the idea that the constitution followed the
flag. The contrasts. therefore,, between
the majority and minority members of the
court are as sharp today as in the cele-
brated Downs case.
Auto story Pure Fake.
A sensational story was printed through
out the United States a few days ago in
which 1t was asserted that the daughter of
the president had purchased a new machine
at a cost of $500 and that on its first trial
while proceeding to the Pennsylvania rail-
way station Miss Roosevelt had narrowly
averted a collision with the truck OF a
fire engine company. Upon seeing this &C
count of her alleged narrow escape Miss
AtR WAON1 W AAAGliNlS mere
denying the story of the purchase of the
machine and declaring she had no intention
OF Investing In a carriage OF this sort. So
far as the narrowly averted accident Is
concerned the story is equally devoid of
truth. The writer was standing at the
window in his office when the fire alarm
bell rang and noticed Miss Roosevelt, ac-
companied by some friends, wheeling down
the avenue from the White House on her
way TO the railroad station. Just before
the machine reached Fourteenth street a
man signalled to the occupants Of the car
rage TO look out for the fire apparatus.
Miss Roosevelt. who had control of the
lever. promptly Vowed down and was ready
70 stop entirely as the crossing wal reached
but found that the truck and water tower
had turned on a parallel street, thereby
making anything like a collision impossible.
The fact of the matter is that at no time
was Miss Roosevelt's automobile within 300
feet of the nre apparatus. Some sensa-
uonalist undoubtedly LOADED up the re-
porter who wrote the story and thu caused
the daughter OF the president a great
deal OF unpleasant notoriety.