Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-01
Constitution Did Not Protect
Of
as athe HaWaiians
ERE CONGRESS ACTED
uNrEF1Fs 1D'ss SUPREME COURT
DECISION.
The Case of Mankichi, q convict-Dis-
sent by Four Members Of Court
N,s Merger Case Advanced

The SCOPE of the Constitution over iaho
acquired by the United States was the SUD
ject of an interesting opinion IN the Su-
preme Court of the United States today.
The opinion of the court was delivered by
Justice Brown. Chief Justice Fuller and
Justices. Harlan, Peckham and Brewer dis
sentedr
The case was that of the territory OF Ha-
vail against Osaki Mankichi, a japanese
convicted of murder in the islands since
their annexation to the United States, and
before Congress provided a code of civil
laws for their government. The conviction
of Mankichi was without judicial indictment
or trial by jury it being under the system
of law in force before the United States an
| nexed the islands.
It was held that the resolution of Con-
gress of 1898, annexing the islands, did not
carry with 1t the protection of the Consti-
tuition.
The Dissenting Opinion.
The dissenting opinion took the ground
that the Constitution prevailed over any
land over which the United States exercises
Sovereignty.
It was held that had the prisoner been
convicted of murder and executed in Art-
iona SUCH action on the part OF the judge
would be no less than judicial murder. 1t
was maintained that II such opinion of the
Supreme Court were to prevail there would
be the grayest danger that eventually the
United States would acquire land inhabited
by various; people without extending to
them at any. time the protection of the
Constitution.
1t was held that there would be the grav-
est danger that system of colonies might
grow, up, the government of which would
be abhorent to every American idea. I'm
der such government, 1t was maintained
a part OF the people included within the
sovereignty of the United States would
have the protection Of the Constitution and
another part would be under such laws as
Congress- might prescribe.
Merger Case Advanced.
The court granted the motion made by
Solicitor General Hoyt two weeks ago to
advance the case of the Northern Securi-
ties Company. The court fixed December
IA next as the date for argument.
Against Whitaker Wright.
The court refused to grant writ OF
habesS. corpus in the case Of Whitaker
Wright, the financial operator. who Is In
custody in New York awaiting extradition
on charges made in England The opinion
affirrrfs the decision of the United States
circuit court for the southern district of
New Forkaa ;-
The Works Of DR.. Holmes.
The court decided the two cases brought
by Houghton sMfffiin & Co.. publishers.
against other publishers. involving the
charge OF infringement Of COPYRIGHT in
the publication of Oliver Wendell Holmes
''The Professor at the Breakfast Table,"
and of Mrs. Harriet Beecher Stoves THE
Minister'S Wooing." Houghton e. Mifiin
were the assignees of the authors In both
Both works were originally published seri-
ally without being copyrighted. and for this
reason the court held that no relief could be
granted! 18Th - '-+-
An Interesting feature-in connection with
the case was that Of a son Of DR.. Holmes
was one Of the justices who passed upon
the case involving the copyright of his
fathers books.
An Inheritance Tax.
The court held it to be competent for the
government of the United States under
the war revenue law to collect an inheri-
lance tax upon a bequest to a municipal
corporation -s ,.-.e-
The decision was rendered in the case Of
Snyder against Bettman. and an internal
tax Of $4,000 on beauest of 100000
made to the city Of Springfield, Ohio, for
park improvement purposes. The court up
held this offieiai action. holding that 1t
was the succession that was taxed and not
the Municipality
- Otner Gases.
The court affirmed the opinion of the ter
ritortal courts in the case Of T. P. Queenan
against the, territory, of Oklahoma. by
which Queenan was sentenced to be hang
ed for the murder OF his wife in Oklahoma
county OF that territory. Queenan's defense
was based upon the plea of insanity
The court In the case Of board of county
commissioners Of Stanley On. Co. agt. Coler
& Co., involving the validity of bonds
issued by that county In aid of the Yadkin
Valley held the: bonds to be valid, thus re-
versing the decision Of the supreme court Of
North Carolina and affirming the decision
of the United States circuit court.