people puerto rico shell argued november decided december wm cattron rigby washington people puerto rico wm whitney new york city james beverley san juan gabriel lewis new york city respondents justice sutherland delivered opinion criminal proceeding brought petitioner respondents insular district san juan puerto rico information filed district attorney charged respondents entering conspiracy restraint trade violation local act passed legislature puerto rico march demurrers information sustained district ground sherman act note supplemented clayton act covered entire field embraced local act latter therefore void puerto rico accepted view dismissed appeal judgment affirmed appeal single question decide whether existence section sherman act precluded adoption local act insular legislature pertinent provisions sherman act local act set forth margin section sherman act section local act far question involved concerned substantially identical section sherman act confers jurisdiction respect violations act upon several district courts section local act confers jurisdiction upon district courts puerto rico respect violations act first section sherman act extends territory urged puerto rico brought within intent phrase therefore section apply dependency point well made sherman act passed insular dependencies necessarily application section extend beyond continental domain undoubtedly domain immediate contemplation congress certainly congress time puerto rico mind enough necessary go say acquisition insular dependency foreseen congress varied comprehensive language exclude operation act dartmouth college woodward wheat ozawa bhagat singh thind question therefore whether word used section sherman act properly applied dependency bearing relation borne puerto rico balzac puerto rico held although sixth amendment constitution respect right trial jury applied territories apply territory belonging incorporated union neither philippines porto rico territory incorporated become part distinguished merely belonging evident consideration pertinent acts congress decisions respect acts whether puerto rico comes within given congressional act applicable terms depends upon character aim act words generally different shades meaning construed reasonably possible effectuate intent lawmakers meaning particular instances arrived consideration words considering well context purposes law circumstances words employed atlantic cleaners dyers helvering stockholms bank thus although puerto rico territory within reach sixth seventh amendments may within meaning word used statutes held kopel bingham puerto rico within meaning section revised statutes provides demand surrender fugitive criminals governors territories well said impossible hold puerto rico intended power reclaim fugitives justice intended asylum fugitives word used statute defined meaning portion country included within limits state yet admitted state union organized laws congress separate legislature territorial governor officers appointed president senate concluded may justly asserted porto rico completely organized territory although territory incorporated reason porto rico held territory comprised see people porto rico rosaly castillo compare talbott silver bow county equal force may said reason puerto rico held within meaning section sherman act pointed atlantic cleaners dyers case supra page light applicable history circumstances apparent congress meant deal comprehensively subject contracts combinations conspiracies restraint trade end exercise power possessed congress passing section exercised power conferred commerce clause passing section exercised general power unlimited clause therefore concluded word used section given extended meaning word used section determined congress intended sherman act exert power possessed respect subject equally reasonable conclude congress intended include territories powers might extend reason requires utmost liberality construction respect word also requires degree liberality construction respect word hold accordingly word used comprehensive sense embracing organized territories whether incorporated including puerto rico second held although section local act contained words found section sherman act pertinent provisions substance act charged information crime local statute denounced crime sherman act instance offense crime sovereignty view agree concluded act congress ground occupied local act superseded consequently local district without jurisdiction offense conclusion unable agree section foraker act passed april stat note provided statutory laws locally inapplicable force effect puerto rico certain exceptions material section page provided local legislative powers hereby granted shall vested legislative assembly section pages provided legislative authority extend matters legislative character locally inapplicable various provisions continued force sections organic act march stat provisions differ substance various provisions relating powers organized incorporated continental territories respect said clinton englebrecht wall theory upon territories organized ever leaving inhabitants powers consistent supremacy supervision national authority certain fundamental principles established congress hornbuckle toombs wall said powers thus exercised territorial legislatures nearly extensive exercised state legislature see also cope cope speaking typical general sion contained utah organic act said exceptions noted provision power territorial legislature apparently plenary legislature state maynard hill essential similarity various provisions respect powers territorial legislatures pointed said subjects legislation determined examination subjects upon legislatures practice acting consent approval people represented grant legislative power respect local matters contained section foraker act continued force section organic act broad comprehensive language make primary question posed challenge validity act consideration whether matter covered act one legislative character locally inapplicable requires argument demonstrate conspiracy restraint trade within borders puerto rico clearly local matter falls within precise terms power granted sections respective acts grant found power given without express limitation conclusion present exercise power precluded existence section sherman act must rest upon assumption congressional statute penalizing specific local behavior statute puerto rico effect coexist due regard status territory character established government positive terms congressional grant power lack conflict two acts assumption must rejected aim foraker act organic act give puerto rico full power local autonomy similar incorporated territories gromer standard dredging people porto rico rosaly castillo supra page effect confer upon territory many attributes quasi sovereignty possessed example immunity suit without consent people porto rico rosaly castillo supra acts typical american governmental structure consisting three independent executive erected body created stat power taxation power enact enforce laws characteristically governmental powers vested far local matters concerned already shown respect continental territories legislative powers conferred nearly quite extensive exercised state legislatures comprehensive grant legislative power made congress plainly recognizes great desirability devolving upon local government responsibility searching local offenses prosecuting local tribunals insular case declared emphatic terms wisdom local control respect matter dealt act question although striking evident reluctance act invalid said right insular legislature officers prosecute punish monopolies may set within jurisdiction really inestimable understood legislature took upon legislate subject wholesome necessary legislation enforced insular courts must admitted people puerto rico special interest prosecuting courts citizens violate laws matter interested national government may prosecuting offenses instances might occur latter pass unnoticed federal officers reason officers might display activity interest expected local officials light foregoing considerations including sweeping character congressional grant power contained foraker act organic act general purpose congress confer power upon government puerto rico legislate respect local matters made manifest connection significant express limitation upon power certain aspects shall exercised consistently provisions respective acts see sections organic act section foraker act stat nothing expressed acts far advised federal act suggests congressional intent limit exercise power local legislation subjects respect absence explicit legislation congress find nothing nature power consequences likely ensue duplicate exercise requires implication effect attention called certain differences language two acts urged differences create conflict interpretation local courts federal district courts fear conflicting decisions fanciful real since agree fact substantial conflict pertinent provisions two statutes unlikely event spite conclusion conflict decisions shall arise power federal appellate courts resolve conflict clear sections judicial code amended act february stat likewise clear legislative duplication gives rise danger second prosecution conviction double punishment offense risk double exist territorial federal laws courts whether exercising federal local jurisdiction creations emanating sovereignty see balzac puerto rico supra page prosecution one laws appropriate necessarily bar prosecution law another grafton case grafton soldier army acquitted general martial convened philippine islands crime capital alleged committed violation article war subsequently criminal information name filed philippine first instance charging offense committed violation local law held acquittal accused martial precluded tried offense civil courts reason thus put twice jeopardy punishment article federal statute revised statutes general martial federal tribunal philippine act local law first instance local laws courts owed existence authority situation presented essentials presented decision case rested upon ground accused acquitted federal tribunal subjected prosecution another civil military sovereignty held although act might constitute distinct offenses state accused might prosecuted rule application acts committed philippine islands said pages government state derive powers government philippines owes existence wholly judicial tribunals exert powers authority jurisdiction authority territory inhabitants legitimate purposes government paramount cases holding acts committed state union may constitute offense also distinct offense state apply two tribunals tried accused exert powers authority government attempt made distinguish grafton case ground one statute statute philippine general martial philippine undertook enforce statute obviously view incorrect proceeding enforce philippine legislation enforce article war article none less federal law distinct local law might necessary refer local law determine whether act charged soldier embraced term article well illustrated section criminal code amended respect offenses committed upon places subject exclusive jurisdiction within limits state organized territory district makes applicable laws state territory district respect offenses prosecutions section however enforce laws state territory district enforce federal law details instead recited adopted reference see press publishing decisions courts four rendered newly created former territories except one particular shall speak later harmony views expressed decisions though conclusive entitled great weight dealt territorial powers operation time shortly rendition decisions judges rendered well may credited knowledge purpose powers history application make judges peculiarly competent decide questions relating thereto wyoming full carefully drawn opinion reached conclusion statute territory defining punishing crime bigamy valid enforceable notwithstanding fact act congress defined prescribed punishment crime committed territories murphy wyo following discussion respect relations national territorial governments extensive powers conferred upon latter wyo page cluded crime bigamy defined punishable act congress crime sovereignty act congress embraces express limitation upon right territory also punish act offense local laws upon local legislature enact law defining providing punishment therefor offense territorial sovereignty practical legal effect two governments although one emanates unable perceive legislature territory general grant power invested may enacted valid law assuming punish territorial offense crime bigamy conflict statute assume destroy force effect congressional provision assumed offer immunity desiring contract polygamous marriages silence refused punish territorial crime avoid possibility congress undertook punish crime federal government decision followed utah state norman utah wyoming utah courts thought prosecution punishment statutes attempted justify view invoking rule applicable state federal statutes denouncing criminal acts course light later decision grafton case seen erroneous error affect accuracy reasoning conclusion courts upon main local statute valid exercise territorial power notwithstanding identical legislation congress territory guyott mont territorial statute making felony sell barter give intoxicating liquor indian sustained contention authority territory pass statute foreclosed section note defines punishes offense territory long bell lumber okl involved validity act passed former territorial legislature suits brought defendants charging violations territorial act also violations sherman act sustained validity territorial act holding repugnant conflict federal act followed reasoning relied upon wyoming montana utah decisions cited territory arizona territory alexander consideration bigamy statute like involved wyoming case erroneously held invalid reaching conclusion expressly rejected wyoming utah montana decisions upon authority davis beason case shall presently consider general language el paso ry gutierrez davis beason supra considered apart question involved apart opinions entirety seems support decision present case opinion argument respondents rest main upon cases examination however show misunderstood gutierrez case involved validity statute territory new mexico provided action injuries inflicting death caused person corporation territory maintained unless person claiming damages within days infliction injuries complained days commencing suit serve upon defendant affidavit covering certain specified particulars statute also required suit must brought within year specified district territory statute set forth full margin opinion atchison sowers action brought taxes enedina gutierrez railway company recover damages death intestate accident causing death happened new mexico railway company set new mexico statute way special plea answer writ error brought review judgment texas holding case controlled federal employers liability act stat refusing give effect new mexico statute plainly attempted restriction upon right action conferred unlimited terms federal employers liability act therefore direct conflict act deciding question said doubt act congress necessarily supersede territorial law regulating subject broad language must construed light question presented whether territorial act plain conflict federal act valid situation applicable rule formulated chief justice marshall cohens virginia wheat speaking said maxim disregarded general expressions every opinion taken connection case expressions used go beyond case may respected control judgment subsequent suit point presented decision see also humphrey executor cases cited course opinion rendered davis beason supra page said cases legislation congress supersede legislation state territory without specific provisions effect matter subject legislation action congress may well considered covering entire ground generalization necessary decision case taken literally stand gutierrez case omits element actual conflict two acts legislation decision sustained validity statute penalizing person teaches advises counsels encourages practice bigamy polygamy notwithstanding general act congress object suppression bigamy polygamy territories sad opinion page bigamy polygamy laws crimes laws idaho page act congress general law applicable territories purport restrict legislation territories kindred offenses means ascertainment prevention two observations last quoted may gone beyond necessities case may fall within rule announced chief justice marshall cohens case event however indicate general statement first quoted given sweeping effect categorical reading words might first suggest word need said domenech national city bank thought lent support judgment case involved validity tax sought imposed puerto rico upon branch national bank organized laws held section revised statutes amended force puerto rico section forbade tax grant territory general power tax constitute consent part congress tax authorized section laid upon ground decision rests conflict tax federal law regarded plain finally contended local act sherman act stand conflict jurisdiction federal courts local courts may result clearly slight ground apprehension local act simply confers jurisdiction upon local courts enforce act attempt course made confer jurisdiction upon courts enforce sherman act upon federal courts enforce local act hard see conflict law shall enforced jurisdiction shall invoked ever arise since officers charged administration enforcement acts last analysis control sovereignty well may assumed work harmony conclude act puerto rico valid enforceable accordingly judgment reversed footnotes sherman act july stat every contract combination form trust otherwise conspiracy restraint trade commerce territory district columbia restraint trade commerce territory another territory territories state district columbia foreign nations district columbia state foreign nations declared illegal every person shall make contract engage combination conspiracy shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding imprisonment exceeding one year said punishments discretion several district courts hereby invested jurisdiction prevent restrain violations act sections inclusive shall duty several district attorneys respective districts direction attorney general institute proceedings equity prevent restrain violations section judicial code district courts given jurisdiction crimes offenses cognizable authority puerto rico act march laws every contract combination form trust otherwise conspiracy restraint trade commerce business transactions lawful free competition town among several towns puerto rico hereby declared illegal every person shall make contract engage conspiracy shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding five thousand dollars imprisonment exceeding one year punishments discretion district courts island hereby vested jurisdiction prevent prohibit enjoin punish violations law shall duty attorneys district courts island institute proceedings injunction civil proceeding prevent prohibit enjoin restrain violations fifth amendment constitution provides shall person subject offence twice put jeopardy life limb section bill rights puerto rico organic act stat provides person offense shall twice put jeopardy punishment crimes capital officers soldiers may guilty taken cognizance general martial punished discretion