Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-06-22
PORTO RICO IS
PART OF UNION
Decision of Federal Judge in
San Juan is That Island
r is a Fully Constituted Terri
tory of the United States

- SAN JUAN, Porto Rico.--In a de-
cision upon motion for a writ of ha-
beas corpus on behalf Of Porto Ri
can, Judge Peter j. Hamilton Of the
Federal district court here, ruled that
Porto Rico is fully incorporated ter
rftory, a part Of the United States, and
that the Constitution Of the United
States is wholly applicable here. This
opinion holds, in substance, that there
cannot be two kinds OF American citi.
zenship, one which entities the citi-
Gems to all the rights and privileges
under the Constitution. and one ex-
tending only 9 part of those prfvi-
leges: and, according to this decision,
the fifth amendment of the Constitu-
ton, providing that mo person shall
be held to answer. for capital, or 9TH
erWise, infamous crime, unless on q
presentment OF. indictment of grand
jury. appiiest to Porto Rico. and II
this ruling stands II will be necessary
for. the insular legislature to enact a
grand jury law and one providing for
the trial by jury Of civil and INSIDE
meanor cases. a .
Those formerly called Porto Ri
cans are now fully Americans In every
sense OF the word, and can claim all
the political and personal rights which
Americans can claim In territories in
corporated into the Union, that is to
say, in districts made part of the Unit
ed States, says Judge Hamilton in
his opinion. According to the opinion
of the court, it was the passing of the
Jones bill, or the granting Of Ameri-
can citizenship, which was the final
act OF Congress which brought about
the incorporation Of the people Of
Porto Rico into the United States.
Continuing, the opinion states: IF
incorporation may be a gradual pro-
cess, Federal legislation furnishes
many indications that It has passed
the line which keeps Porto Rico iso-
lated from national life. II 1t be ne:
cessary that 1t be effected by one act
of Congress, It was conferred by the
Jones act when, above all things, it
made the local Porto Ricans Ameri-
can citizens. The fact that Congress
failed to enumerate the grand jury
and the like in the Bill of Rights is
immaterial. The Constitution fills Oh
the enumeration where Congress had
LEFT an omission. Incorporation once
made % complete and permanent, and
Congress cannot revoke or limit it,
even II 1t so desired. And such desire
cannot be presumed. - 49,. - IT,
Enumeration Of the rights was
unnecessary, and the Constitution sup
plies every lack and omission. Porto
Rico is not only Incorporated into the
Union in every sense Of the word, but
is an instance of the grant to terrific
ries having special conditions Of spe-
cial civil and personal rights made
proper by new conditions. The terri
torial system is not limited to the old
one found In the Revised Statutes.
Under the Constitution there is room
in the Federal system for all kinds of
territories. The Federal system re-
quires the reservation only of national
rights; all local privileges consistent
herewith can be granted to what are
called territories. In the Federal sys-
tenn there is room for everything ex-
cept independent states. 1t follows,
therefore, that the fifth amendment
to the Constitution applies to Porto
Rico.".. -. -.