The Hawaiian gazette., 1910-02-15
OUTLOOK FEARS
SALE OF HAWAII
Continued from Page one.)

There may be some doubt, perhaps,
whether congress can constitutionally
return to the inhabitants of Hawaii
''for expenditure in the Islands all
moneys raised therein by federal tax
atom A clause in the Constitution
provides that ''all duties, imposts, and
excuses shall be uniform throughout the
United States" We do not believe that
a Territory of the United States is
part of the United States within the
meaning of this clause, though we are
not aware that this specific question
has ever been decided by the Supreme
Court. But even if the congress can
not by general law return all money
raised by federal taxation in the Islands
to the Islands to be expended therein,
as it does in Porto Rico, it could from
time to time, if it chose to do so, make
especial appropriations out of such
moneys, or beyond their amount, for
| the special benefit of the Islands, as for
schools and good roads. This has been
proposed, and The Outlook advocates
now such appropriations to reason
able extent. With this possible excep-
ton, if it is an exception, all the prin-
ciples laid down in our article, on the
Insular Possessions are as applicable to
| Hawaii as they are to Porto Rico or
the Philippines.
The Constitution of the United States
provides that Congress shall have
power to dispose of and make all need
full Rules and Regulations respecting
the Territory or other property belong
ing to the United States. A long line
of decisions of the Supreme Court of
the United States makes it indisputable
that this clause is as applicable to an
organized Territory as to any other de-
tendencies or colonies, or as it is to the
District of Columbia. The following
quotations from decisions of that court,
and from the Commentary of Chancel-
lor Kent, stating the doctrine involved
in these decisions, make this PROPOSE
ton sufficiently clear:
''This provision applies to territory
acquired by treaty from a foreign ma
ton The congress possesses the
power of governing it such Territory
when acquired, not by resorting to sup
posititious powers, nowhere found de-
scribed in the Constitution, bnt eX-
pressly granted in the authority to
make all needful Rules and Regulations
respecting the territory of the United
States" Up. 1860 This in
wolves 'power to pass all needful laws
respecting it," and Up. 1860
"to govern the inhabitants of the Ter
ritory, by such laws as congress deems
needful until they obtain admission as
States. This power of congress over
the Territories of the United States
sis general and plenary, arising from
and incidental to the right to acquire
the Territory itself, and from the power
given by the Constitution to make all
needful rules and regulations regarding
the Territory or other property be
longing to the United States. - 1t is
"the inevitable consequence of the
right to acquire and to hold territory
Accordingly, we find congress
passing and executing the absolute and
undisputed power of governing and
J legislating for the Territory Orleans.
Doubtless congress, in legislating fol
the Territories. would be subject Il
those fundamental limitations in favor
of personal rights which are formulated
in the Constitution and its amendments
but these limitations would exist rathel
by inference and the general spirit OF
the Constitution from which congress
3 derives all its powers, than by any eX
press and direct application of its pro
visions "The territorial government
owe all their powers TO the statutes o
the United States comforting on then
the powers which they exercise, ans
which are liable to be withdrawn, mod
flied. or repealed nj any time by con
F. gress.
Hawaii is not State, has none o
the prerogatives of State, may neve
4 become "A State. The political powe
which congress has bestowed upon /
/, congress may take away from il. Con
gress may repeal any act which TIA
!, territorial legislature enaets, may re
a., peal the act creating the legislature
!, may substitute for the present form o
}, government a form OF government lik
!. that Of Porto hieo or The Philippines
|, or II may abolish All self government
2. aud snhstlute government by commits
}, tlnn, Ike that ~ the Dlstdet of Comn
hia ~ thar III Alaska, u may sell VA
Naii 10 foIelgn Power ar might SOS
l. rrlAallY cell u 10 its oNn inhahiiani
b, aud make Il an independent nailana
y iiy u probably can not lake away I'll
Amenran riiiAnfhlp ALREADY posfesss
= hg ilaNailanf, hnt y can deiefmin
Z Ahnlhef ilaNHlians nal nas flllsai
p raA hffsinf riil aenFi Hnii # - 90 Nhi
E ~ I'D enudlilnaa
$50 ~ nni INaFufi, sffH lfmHifl
~ aga fangnsf fAHaid A. Haf ~ lAeI
n ttinlfi nf eHig HsFell ibal = be 4
p faHalllHflnHal HlHHf r. q lAHm
81 I'd llIHf 4l4N faaI alAa flaAa u !