The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-08
CONTINUED from page ~

ut is beyond question that a claim
on foreign behalf against a State oil
Territory of the Union would be pre-.
scented through, rather than to, the State
Department. that is, it would be pre-
scented to the local and not to the Fed
eral Government, and would be final
ly adjusted and recognized or denied by
the former"
In the Organic Act, approved April
Both, 1900, and which, except as to APP
preparations that it Immediately con.
firmed, took effect June 14th, 1900, the
previous views of the Government
were distinctly and fully endorsed.
Section l, identified the phrase "the
laws of Hawaii with 1.-The constitution
and laws of the Republic of Hawaii"
in force at the date of the transfer,
August 18th, 1898.
Section s. exempted Hawaii from the
operation of the Federal laws, locally
inapplicable" and in terms from section
1850 of the Revised Statutes of the
United States, that provided for the
submission to Congress OF territorial
legislation, which, If disapproved, was
to be null and void"
Section gave effect to the flaws of
Hawaii" not in conflict with the Fed
eral Constitution or laws or with the
provisions of the Organic Act.
Section Z specifically repealed emu
merated sections Of the Hawaiian Con-
stitution and statutes.
Section 10 continued legal proceed
inss, civil and criminal, and protected
legal rights, existing when the Act be-
came operative, which We're to be las
effectual as If this Act had not been
passed"
Section 81 provided that the legisla-
tive power of the Territory shall ex-
tend to all rightful subjects of legis-
lation not inconsistent with the Con-
Stitution and laws of the United States
locally applicable"
Section Sc enacted: "That the legis-
lature may create counties and town
and city municipalities within the Ter
ritory of Hawaii and provide for the
government thereof" thus withdraw
ing the whole subject of counties and
municipalities from Congressional ac-
ton and confiding it to the territorial
legislature.
All the departments of the Territor-
ial government were established on
the same basis. The local courts, as
to rights, remedies and procedure, were
maintained in similar way, and the
distinction between them and the Fed
eral Court definitely marked out, as
will be readily seen from Chapter ".
Sections 81, SO, SO and Sc.
Under Section 4. all citizens Of the
Republic of Hawaii, on August 18th.
1885, became citizens of the United
States, and, by Section 100, five years
in ha TSla IN
14th, 1900, was made tantamount to
the five years residence prescribed by
the general naturalization laws, and,
as to these residents, declarations of
intention and reconciliation of former
allegiance were waived.
After the Organic Act had been APP
proved, but before it took general eff
feet, four appropriation acts adopted
by the local Council of State were sent
to the President for his signature, and,
on May 23rd, 1900 the Secretary of
State replied: THE President has care
fully considered these Acts and the
circumstances under which they were
passed. He does not think 1t was
necessary to embody in the Acts the
provision making his approval neces-
sary to their validity. He therefore
returns them to you with the sugges-
ton that they be enacted anew, omit
ting the section providing for the APP
prevail of the President of the United !
States"
These facts might be greatly multi !
piled but time Is short, and they appear
to me sufficient. The decision of the |
Supreme Court of the United States in
the Mankichi case is in line with the |
that necessarily result.
AS I have already said. am not
here to express professional opinions
upon strictly legal questions. but, as
kamaaina in the United States and ,
citizen of the Territory of Hawaii, 1 |
have the right to say. and I do say.
with absolute sincerity, that the Fed y
eral Government and the people of
the United States, In honor are bound
to respect local self-government In {
these Islands. and that to the full ex-
tent of my ability and influence. pro-