Samuel Freeman Miller

“ They are not in any sense independant governments. They have no senators in congress, and no representatives in the lower house of that body except what are called 'delegates,' with limited functions. Yet they exercise nearly all the powers of government under what are generally called 'organic acts,' passed by congress, conferring such powers on them. It is this class of governments, long known by the name of 'territories,' that the act of congress excepts from the operation of this statute, while it extends it to all other places over which the United States have exclusive jurisdiction. ”

“ It had no established or organized system of government for the control of the people within its limits, as the territories of the United States have, and have always had. We are therefore of opinion that the objection taken on this point by the counsel for prisoner is unsound.
It is next objected that the indictment is bad, inasmuch as it contains the double charge of a rape at common law and of the statutory offense under the act of February 9, 1889; and it is quite obvious that both these offenses can be made out from the language of the indictment, which is in a single count. ”

“ It is urged that there is an indictment now pending against the prisoner for the same offense, charged only as carnal knowledge of a female under 16 years of age, and that the present indictment is so ambiguous that the trial and conviction under it would be no bar to the proceeding under the second indictment. ”