Henry Billings Brown

“ At the time the act of Congress was passed there was in force in the territory of Hawaii an act known as chapter 57 of the Laws of 1892, the 37th section of which gave to the judges of the several circuit courts, at chambers, very ample powers in admiralty, equity, bankruptcy, and probate causes, among which were proceedings 'to remove any executor, administrator, or guardian.' This act was conceded to be sufficient to justify the action of Judge Gear in removing the guardian in this case. ”

“ But, conceding the correctness of these decisions under the constitutions of the several states, and also conceding that the organic act stands in the place of a constitution for the territory of Hawaii, to which its laws must conform, does it follow that the laws respecting proceedings at chambers are in excess of the powers conferred under the organic act? ”

“ Bearing in mind that § 81 of the organic act is but one of a hundred sections, all of which are entitled to equal respect, it is evident that to obtain a comprehensive view of the intention of Congress we are bound to consider the whole act so far as it relates to the disposition of judicial power. ”