§3.  Government of the Territory of Hawaii.  That a Territorial government is hereby established over the said Territory, with its capital at Honolulu, on the island of Oahu.

  By this Act Hawaii acquired the status of an incorporated Territory:  182 U.S. 305; and became an integral part of the United States:  190 U.S. 197.

  While a territory is not a municipality or quasimunicipality (27 Ops. 486), or a municipal corporation (18 H. 255), and is not liable as a municipal corporation for torts (13 H. 481; 14 H. 484), and sustains a relation to the Federal government analogous to that of a county to a state (17 H. 181; 101 U.S. 133), and is not a state as that term is generally used in the Constitution (258 U.S. 111) or so as to render unconstitutional the federal opium law as an invasion of the police power of the Territory (4 U.S.D.C. Haw. 202); but is a state as that term is generally used in treaties (133 U.S. 258; 182 U.S. 262, 270); it has been referred to as an inchoate state (20 Fed. 305) or as having a quasi-state government (194 U.S. 491) and is sufficiently sovereign to be exempt from suit without its consent, differing in that respect from the District of Columbia (205 U.S. 349; 13 H. 478), and so that a statute of limitations does not run against it (18 H. 252; 21 H. 600), and so as to have preference over its subjects as to claims against an insolvent estate (26 H. 688).  This Territory is said to be in the position of a state as respects its courts and in all other particulars except sovereignty (4 U.S.D.C. Haw. 467, and cases there cited).  Referred to in 108 Fed. 113; 23 Ops. 416; 13 H. 21.

  On the status of Hawaii between annexation and the establishment of territorial government, see note to Joint Resolution of Annexation, RLH 1955, page 13.