Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-06-02
United States Supreme Court
Decides Important Point In
Case From Hawaii
INVOLVED THE CONSTITUTION
Majority of the Court Holds in Effect
That the Constitution Does Not
Necessarily Follow the Flag - Mys-
terious Murder Case at Wooster, o.
General News.

|
stitution does not necessarily follow tina
| flag in every case was implied by the
| United States supreme court in the
most important ruling on insular mat
tiers rendered since the Porto Rican and
Philippine cases.
The case involved the legality of the
conviction of Osaka Markichi, q muir
ierer In Hawaii, who had not been in
dicted by a grand jury, and had been
convicted by majority instead of by
all of the trial jury, after the islands
had been annexed, but before they were
formally taken in as a territory.
The United States constitution pro-
rides that there shall be an indictment
by grand jury, and that the trial
jurys verdict shall be unanimous. The
Hawaiian law required no grand jury
Indictment, and permitted u majority of
the trial jury to convict.
Congress in 1898 agreed to the an
rexation of the Hawaiian islands by
joint resolution, which provided that
laws not contrary to the constitution of
The United States were to remain in
force until congress otherwise deter
mined.
The question presented to the SUI
preme court was whether the convic-
ton by a majority of the jury, while
Hawaiian laws still applied was con-
tlary to the American constitutional
provision that the jurys verdict mus;
be unanimous. BY vote of five to four
the court decided that, under the cir
cumstances, the conviction BY q ma
jority of the jury was legal.
The court stood exactly as in the
Porto Rico and Philippine cases, with
the exception that one OF the five JUS
tees, White, who agreed with the ma
jority in its judgment, differed with 1t
as to the means by which the result
was reached. Justices Holmes and Day
take the positions held by their prede-
cessors. Gray and Shiras.
The majority was corposed of JUS
tees Brown. White, Mckenna, Holmes
and Day. Those dissenting We're Chief
Justice Fuller and Justices Harlan,
Brewer and Peckhan. Justice Brown
delivered the opinion.
He said in effect that, where the Lam
guage of the law was evidently against
the intention of congress 1t should not
be construed literally. otherwise IT
would result in freeing all criminals
convicted under it, and .ais contingent
cy could not have been foreseen.
Anyhow, Justice Brown said the reso-
luton was intended to be merely tenn
pcrary and PROVISIONAL that no change
in the government was contemplated,
and that until further legislation the
republic of Hawaii continued in exist
ence.
Chief Justice Fuller ana Justice Har-
ian delivered the dissenting opinions.
The chief justice declared that. by
the concession by Hawaii of complete
sovereignty to the United States, re-
cited in the resolution of annexation.
the islands passed under the provisions
of the federal constitution. 1t was al
most criminal to tamper with the plain
words of this resolution, mot in con-
fict with the constitution of the United
States" The majority opinion, he main
tanned, was an usurpation by the court
VI liit law iiiuhlIIS power vested III con-
gress alone.
Justice Harlan, who delivered his
opinion in a manner even more drama
tic that that of the chief justice main
tains that the majority view was that
congress, at its discretion. could have
kept in force the municipal legislation
of the Hawaiian islands relating to
matters, altho such legislation
may have been in direct conflict with
the provisions of the cons titution of the
United States"
1T assumes the possession by con-
sress Of power quite as omnipotent as
that of the English parliament" he con-
tinued. IF the principle should be-
come firmly established the time may
not be far distant when. under the ex-
actions of trade aud commerce, and to
crafty ambition, the Un:ted States will
acduire territories in every direction, |
over which dependencies we will exer- |
else absolute dominion. and whose in
habitants will be regarded rs subjects
to be controlled as congress may see
tit, not as the constitution requires, nor |
as the people governed may wish"
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