The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-12-11
THE STATES
and TREATIES

Dec. 5. 1906. you quote an article from
Harper's Weekly on "The Japanes,
Question and the Law"
The article asks questions about tn,
authority OF the Federal government t,
treat as invalid the statutes of State,
that contrayene It, and to bind tn,
State governments by their treaty OBJ
legations.
These questions are asked as II they
were not settled law now, and quote.
the Mcleod case of 1910 as .preceden
to show the doubt of Secretary For
sythe at that time as to his power
to enforce international law in tn,
State of New York.
1t seems to me that the article gives
"A wrong impression to the reader not
versed in the law. 1t leaves the
questions unanswered except by an in
cident which is indecisive 1t leaves
the question with quotations from
James Madison who forcsaw the diff
Guilty, as If that were the final word
Congress has made laws AMI the
courts have enforced writs since that
day which show that there is full power
in the Federal government to enforce
the law as interpreted by its courts.
AS result of the experience in the
Mcleod case Congress passed laws in
1912 which prevent such conflict of
authority between the State and Fed
eral authority. GU. S. Rev. Stat. sec.
1922
That statute gives to the Circuit and
District Courts of the United States
jurisdiction on habeas corpus proceed
mos in, oil In, tph or
who is held by State authority claims
to be entitled to release under the
principles of international law.
In 1875 Circuit Courts were given orig
inal jurisdiction in any causes arising
under the constitution, laws or treaties
of the United States where over $4,000
was involved, regardless Of the citizen
ship of the parties, and also greater
power to issue writs of habeas corpus,
in favor of foreigners.
Since the Civil War established the
supreme authority of the United States
over the States in all Federal ques-
lions, the resistance of State authori-
ties to the judgments of the Federal
courts has been unknow The author
ity of the Supreme Court in all matters
affecting Federal questions has become
universally acknowledged. Baldwin on
THE American Judiciary"
The Revised Statutes of the United
States sec. 5000, provide that If the
courts meet with opposition of a Sc
rious nature, the President may call out
the militia Of the states or use the Fed
eral army to enforce the decree.
An example of force so used occurred
in 1894, when Washington sent an army
into Pennsylvania to suppress the riot
ers there who INSTRUCTED legal pro-
ceeding in collecting the Whiskey rev.
enue tax, the so-called Whiskey Rebel
lion. In 1899, Pres. Adams sent militia
into Pennsylvania to enforce the pay
ment of the house tax imposed by Con-
gress.
In 1884, the great Chicago railroad
strike was initiated by the American
Union. Riots followed. The
United States mails were INSTRUCTED.
A temporary injunction was issued
against the officers of the Union in an
equitable action brought by the Unit
ID States under direction of the Attor-
ley General.
The officers of the Union disobeyed |
he writ of injunction. Their arrest |
md Imprisonment for contempt of |
curt followed which broke up the
trike GU. S. VS.. Debs, Ga Fed Repor-
err 12D and the mails were no longer
nterfered with. The use of the power
f a Federal court to imprson for con-
empt of its authority broke down the
pposition to the Federal authority
Without the necessity of using the
rmy. So in the matter of treaties
'hich like the Constitution are the
upreme law of the land the Federal
ourts may be used to enforce the law
The statutes of 1912 and 1875 and the
eneral equity power enforced by in
lnction furnish means to the Federal
uthorities and to the foreigners I'M
lwfully imprisoned to compel obed-
nee to the supreme law of the land.
There being power to bind the State
uthorities by the enforcement of the
ecrees of Federal courts. the only
uestion would be the authority of the
ederal courts to declare a State stat
tie which has the form of law not to
2 law, because contrary to the sup
'me law of the land, the Constitution
nd treaty rights.
AS to the latter power there can be {
D question for up to 1905 the Supreme
ourt of the United States has set aside
inconsistent with the Constitution
the United States over two hundred /
atutes passed by the States. 131 U. s
Reports CCXXXV. s
If the supreme law of the land Is 9
olated the Federal courts have been
ady to redress the grievance even I;
the extent of setting aside the !
atutes of a State, and under the laws
1875 a foreigner who became impri-
ned for refusal to obey a state statute :,
contravention OF treaty would be
Owed to seek relief at once from the
,deral courts and have the question
Indicated by them. History has
own that their DEGREES are enforce y
lie also. except in a few cases of d
oney judgments against a State, o
lich are rare.
There seems to be inadequate reason
: such journals as the "Harpers' Il
eekly" to speak as IL the machinery Il
the Federal government had fatal @
W In it's gearing. which might be Il
use of war. 1C
The old Mcleod incident is no longer
any value as showing the present Il
ldition OF the statutes and the power r,
the Federal courts in their prac- n
al application. That incident was
ecisive, and the fact Is undisputed n,