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February 23, 1900 Senate v. 33 (3) p. 2122-2126 TERRITORY OF HAWAII. The Senate, as in Committee of the Whole, resumed the consideration of the bill (S. 222) to provide a government for the Territory of Hawaii. Mr. MORGAN. Mr. President, when this matter was last be-fore the Senate I had the floor, and, after a great many interruptions, I succeeded in getting before the Senate my views upon the particular, amendment now under consideration. I desire, in order that we may understand exactly what the question before the Senate is, now to have the Secretary state the proposed amendment with the text as it will stand after it shall have been amended as proposed. The SECRETARY. It is proposed to amend section 81, on page 35, as follows: In line 23, before the word "shall," to strike out "governor" and insert "President;" in line 23, after the word "senate," to strike out "of the Territory of Hawaii;" in line 25, after the word "courts," to insert "and the governor shall nominate and, by and with the advice and consent of the senate of the Territory of Hawaii, appoint;" in line 11, on page 36, after the word "may" and before the word "remove," to insert "by and with the advice and consent of the senate of the Territory of Hawaii;" in line 16, after the word "removed," to strike out: Except the chief justice and justices of the supreme court, who shall hold office during good behavior, and the judges of the circuit courts, whose terms of office shall be six years, and; and on page 37, after the word "provided," at the end of line 12, to strike out: Except the chief justice and associate justices of the supreme court and the judges of the circuit courts, who shall continue in office until their respective offices become vacant; so that, if amended as proposed, the section would read: SEC. 81. That the President shall nominate and, by and with the advice and consent of the Senate, appoint the chief justice and justices of the supreme court, the judges of the circuit courts, and the governor shall nominate and, by and with the advice and consent of the senate of the Territory of Hawaii, appoint the attorney-general, treasurer, commissioner of public lands, commissioner of agriculture and forestry, superintendent of public works, superintendent of public instruction, auditor, deputy auditor, surveyor, high sheriff, members of the board of health, commissioners of public instruction, board of prison inspectors, board of registration and inspectors of election, and any other boards of a public character that may be created by law; and he may make such appointments when the senate is not in session by granting commissions, which shall, unless such appointments are confirmed, expire at the end of the next session of the senate. He may, by and with the advice and consent of the senate of the Territory of Hawaii, remove from office any of such officers except the chief justice and justices of the supreme court and the judges of the circuit courts, who shall be removable by impeachment only. All such officers shall hold office for four years and until their successors are appointed and qualified, unless sooner removed, except the com-missioners of public instruction and the members of said boards, whose terms of office shall be as provided by the laws of the Territory of Hawaii. The manner of appointment and removal and the tenure of all other officers shall be as provided by law; and the governor may appoint or remove any officer whose appointment or removal is not otherwise provided for. The salaries or all officers other than those appointed by the President shall be as provided by the legislature, but those of the chief justice and the justices of the supreme court and judges or the circuit courts shall not be diminished during their term of office. All persons holding office in the Hawaiian Islands at the time this act takes effect shall, except as herein otherwise provided, continue to hold their respective offices until such offices become vacant, but not beyond the end of the first session of the senate, unless reappointed as herein provided. Mr. MORGAN. I would suggest to the Senator from Connecticut [Mr. PLATT] who offered this amendment that, after the changes he proposes to make in it, there ought to be a more distinct expression of the fact that the nomination of the officers appointed by the governor should be confirmed by the senate of Hawaii. The words " the senate " are used there instead of " the senate of Hawaii," which might be confused with the Senate of the United States. Mr. PLATT of Connecticut. Will the Secretary read the first part of the section as it will read if amended? The Secretary read as follows: SEC. 81. That the President shall nominate and, by and with the advice and consent of the Senate, appoint the chief justice and justices of the su- preme court, the judges of the circuit courts, and the governor shall nomi- nate, and. by and with the advice and consent of the senate of the Territory of Hawaii, appoint the attorney-general, etc. Mr. MORGAN. Mr. President, the first proposition that is pre- sented here is this: The Government of the United States must assume the payment of all the salaries of the judges of the supreme