The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-10-20
NO LEGAL HOLD ON THE
CORPORATE PURSE STRINGS
Judge Dole Decides That Hawaiian Corporations
May Contribute to Elections in This
Terrtory--Interesting Decision.

vival of such extinguished corporations,
assuming them to have been so extin-
guished. The revival of a corporation
which has been dissolved is as fully an
exercise of power as the original in
corporation. If, therefore, the then ex
isting Hawaiian corporations lost their
corporate powers by reason of the an
nexation proceedings, it does not appear
that there have been any authoritative
proceedings since that time to revive
them. The rule of cOntemporaneOus
construction, then. would apply against
the theory of extinction.
Counsel on both sides asked the
court that if cit believes there is
distinction between cases of corpora
tions organized before and those or
Oani7ed since the date of the Organic
Aet,'' it would express such belief in
its opinion.
1t is certain that the above consid-
erations do not apply to corporations
organized under the Territorial Gov
eminent. and that a different relation
to the authority of Congress exists in
relation to such corporations, the ques-
ton in such a case being merely, els
a corporation that, is chartered by the
Territorial Government organized
under authority of any laws of Con-
gress' ?'' Even though the
implication of these decisions is that
corporations organized under Terrific
rial laws are not Federal corporations
and so not entitled to the benefit of
{ the removal statute, it does not follow
that corporations chartered under the
provisions of Territorial laws and not
to be called "Federal corporations, -
are not organized by authority of
any laws of Congress. -
Congress has incorporated companies
by direct acts, as in the case of the
Union Pacific Railroad Company 02
Stat. L. 4S9) anC other corporations.
It has also authorized Territories by
general act to provide for the ineor-
poratinn of companies for certain
specified objects. The Legislature here
was authorized to enact such law,
but there being one already in opera
tion, which was continued in force by
the Organic Act, there was no neces-
sity for new legislation on the sub
ject. Such corporations may be said
to be created by authority of a law
of Congress, inasmuch as the authority
for their incorporation comes pri-
marily from law of Congress. Does
the rule that penal laws should be
strictly construed interfere with such
a conclusion? There is no question in
this part of the case of construction
of words, but here is a sentence open
to two constructions and in reaching
the conclusion the object of the law
has to be considered. 1t seems to me
that conclusion that the expression
of the statute, corporations organ
lied by authority of any laws of Con-
gress,' includes corporations created
under a Territorial law. The reason
of such conclusion is so much
stronger than any basis for contrary
one, that it may be regarded as i'm
perative. and, if so, the rule of strict
construction has little weight, or,
rather, it may be said that the rule
requires this conclusion rather than a
contrary one.
The second count of the information
alleges that the defendant made ga
money contribution in connection with
an election at which representative
in Congress is TO be voted for, to wit.
in connection with an election within
the Territory of Hawaii for a Dele
onte to represent the said Territory
of Hawaii in the Sixty-frst Congress
of the United States of America"
The contention of the defendant in
support of the demurrer as to this
count is that inasmuch as the law de-
scribes the offense as a money contri |
button by a corporation at an election !
in which a representative in Con- |
gress is to be voted for, there is no |
violation of the law in a contribu- |
ton in connection with an election |
at which delegate in Congress is |
to be voted for. the law being silent |
in regard to such latter election.
The prosecution urges that the Con-
stitution in its provisions in regard to
Congress makes no use of the word
9 delegate in dealing with elections
for members of Congress. but uses only
the words Senators and Representa-.
tives Cart. l, See. A., and says in its
brief. on page 10, "surely it was con-
templated that perhaps such an act as
that of March 8, 1917 g Stat. L. 1853,
and subsequent acts relative to dele
yates, might come before Congress- in
that cat the time of its adoption
of course had in mind that at
some time in the future it would be-
come necessary III SulHt VI
,tber t. govern the territories.
AS a matter of fact, the first ordi-
nance providing for the government of
he Northwest Territory was enacted
July IS. 1877 q Stat. L. 5D, two
months before the enactment of the
constitution. and such ordinance pro-
-ided for the election of a Delegate
o Congress. So it NAV be taken for
-ranted that when the Constitution
vas enacted the members of the Con- :
titutional Convention were fully APP
,rised of such feature of Territorial |
government. Thereafter, from time to J
ime. amendments were made TO the
ct of 1877 by which the manner OF 6
lection of delegates was changed from |
lection by the upper and lower houses
f the Legislatures of the Territories 7
D an election by the same voters as t
-ere electors of Representatives. The c
act that the Constitutional Conven-