George Sutherland

“ There the action of congress may well be considered as covering the entire ground.' This generalization was not necessary to the decision of the case, and, taken literally, cannot stand, because, as in the Gutierrez Case, it omits the element of actual conflict between the two acts of legislation. The decision itself sustained the validity of a statute penalizing any person who teaches, advises, counsels, or encourages the practice of bigamy or polygamy, notwithstanding there was a general act of Congress which had for its object the suppression of bigamy and polygamy in the territories. ”

“ The act of congress embraces no express limitation upon the right of the territory to also punish the same act as an offense against it and its local laws, nor upon the local legislature to enact a law defining and providing a punishment therefor as an offense against the territorial sovereignty. ”

“ Although striking down, with evident reluctance, the act as invalid, that court said: 'The right of the Insular Legislature and officers to prosecute and punish such monopolies as may be set up within our jurisdiction is really inestimable. It was so understood by our Legislature when it took upon itself to legislate on the subject. This is a wholesome and necessary legislation that should be enforced through the insular courts. It must be admitted that The People of Puerto Rico has a special interest in prosecuting before the courts those citizens who violate its own laws. ”

“ It likewise is clear that the legislative duplication gives rise to no danger of a second prosecution and conviction, or of double punishment for the same offense. The risk of double jeopardy [2] does not exist. Both the territorial and federal laws and the courts, whether exercising federal or local jurisdiction, are creations emanating from the same sovereignty. See Balzac v. Puerto Rico, supra, 258 U.S. 298, at page 312, 42 S.Ct. 343, 348, 66 L.Ed. 627. Prosecution under one of the laws in the appropriate court, necessarily, will bar a prosecution under the other law in another court. ”

“ But it is evident, from a consideration of the pertinent acts of Congress and the decisions of this court with respect to these acts, that whether Puerto Rico comes within a given congressional act applicable in terms to a 'territory' depends upon the character and aim of the act. Words generally have different shades of meaning, and are to be construed if reasonably possible to effectuate the intent of the lawmakers ”

“ By those acts, the typical American governmental structure, consisting of the three independent departments-legislative, executive and judicial-was erected. 'A body politic'-a commonwealth-was created. ”

“ It does not conflict with the United States statute. It could not and did not assume to destroy the force or effect of the congressional provision. It could not have assumed to offer immunity to those desiring to contract polygamous marriages. By silence, it could only have refused to punish it as a territorial crime. To avoid this possibility, congress undertook to punish it as a crime against the federal government.' The decision was followed by the Supreme Court of Utah in State v. ”