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event I do not know where the jurisdiction will be, unless we 
confer it upon the circuit court, which the commission do not want 
done.   It seems to me we have got, then, to accept this court. Mr. 
CULLOM.   Will the Senator allow me to say a word? Mr. TELLER.   
Yes. Mr. CULLOM.   There is a special reason why the commission 
did not desire it done, and that was because we found, on very 
careful inquiry, that the courts, as they now exist in Hawaii, have 
more work than they can perform.   The supreme court of the 
Territory is behind and struggling to catch up with its business; 
and those interested there feel that unless we have this additional 
court they will be very much embarrassed by the situation. Mr. 
TELLER.   I want to say that that was my reason for not insisting 
on striking it out. The PRESIDENT pro tempore.   The amendment 
as finally modified by the Senator from Colorado will now be read. 
The SECRETARY.   On page 43, section 88, it is proposed to strike out all of 
the section down to and including the word "court," in line 5, on 
page 44, and to insert in lien thereof the following:
That there shall be established in said Territory a district court to consist of one 
judge, who shall reside therein and be called the district judge.   The President 
of the United States, by and with the advice and consent of the Senate, shall 
appoint a district judge, a district attorney, and a marshal of the United States 
for the said district, and said judge, attorney, and marshal shall hold office for 
four years unless sooner removed by the President.   Said court shall have, in 
addition to the ordinary Jurisdiction of district courts of the United States, 
jurisdiction of all cases cognizable in a circuit court of the United States, and 
shall proceed therein in the same manner as a circuit court, and said judge 
shall have and exercise in the Territory of Hawaii all the powers conferred by 
the laws of the United States upon the judges of district and circuit courts of 
the United States.   Writs of error and appeals from said district court shall be 
had and allowed to the circuit court of appeals in the ninth judicial circuit in 
the same manner as writs of error and appeals are allowed from circuit courts to 
circuit courts of appeals as provided by law, and the laws of the United States 
relating to juries and jury trials shall be applicable to said district court.
Mr. CULLOM.   Before the vote is taken, I want to make a suggestion 
which I hope will be agreed to.   We have all expressed a desire to 
avoid making this a political court in any sense.   I myself know, 
and so does every other man who has been in Hawaii, that it is very 
important that we should have the very best judges there we can 
secure, and the question of the character and ability of the judge 
will be determined somewhat by the tenure. I should therefore like 
very much that by consent the word "four " should be stricken out of 
the amendment where the term is fixed at four years, and make it 
"six years."   I hope my friends will agree to that.   I think it is 
important that the term should be for that length of time. The 
PRESIDENT pro tempore.   The Senator from Illinois asks 
unanimous consent -- Mr. CULLOM.   I will make the motion, if a 
motion be in order. The PRESIDENT pro tempore.   The Senator 
from Illinois moves to amend the amendment offered by the Senator 
from Colorado [Mr. TELLER] by striking out and inserting what will 
be stated. The SECRETARY.   In line 7, in the printed amendment, 
before the word "years," it is proposed to strike out "four" and 
insert "six." Mr. TELLER.   I will not object to that. Mr. 
CULLOM.   I think, with that provision, we shall have a court the 
appointments to which would not be made for political reasons at 
any time by any President. Mr. PETT1GREW.   I am very much 
opposed to that amendment.   If we have good judges, they can be 
reappointed; and if we have bad ones, six years is too long a term.   
The matter is completely in the control of the President of the 
United States. Mr. CLARK of Wyoming.   The Senator knows the 
judges can be removed. Mr. PETTIGREW.   No; they are never 
removed. Mr. CLARK of Wyoming.   But they can be. Mr. 
PETTIGREW.   I have lived in a Territory a good while. Mr. 
CLARK of Wyoming.   80 have I. Mr. PETTIGREW.   We had men 
who never saw a law book in their lives who came out to serve as 
chief justices of the Territory of Dakota; and we could not get them 
removed.   We had a coffin maker once from Maine sent out as a 
judge.   [Laughter.] Mr. BACON.   I understand that the increased 
term is limited to the district judge and does not apply to the 
Territorial judges. Mr. CULLOM.   To the United States district 
judge. Mr. BACON.   I understand. Mr. CULLOM.   I hope the 
amendment will be adopted. The PRESIDENT pro tempore.   The 
question is on the amendment offered by the Senator from Illinois 
[Mr. CULLOM] to the amendment of the Senator from Colorado [Mr. 
TELLER]. The amendment to the amendment was agreed to. The 
PRESIDENT pro tempore.   The question is on the amendment 
offered by the Senator from Colorado [Mr. TELLER] as it has been 
amended. The amendment as amended was agreed to. Mr. CLARK 
of Wyoming.   Mr. President, we have had four hours' discussion 
on law and constitutional law.   I now offer an amendment based on 
equity and good conscience, an amendment

that ought to be adopted, an amendment that I sincerely hope will 
be adopted. The PRESIDENT pro tempore.   The Senator from 
Wyoming offers an amendment, which will be read. The SECRETARY.   
It is proposed to amend section 101 by adding thereto the following:
And the sum of $250,000 is hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, to be paid Liliuokalani, late Queen of the 
Hawaiian Islands, for all right, claim, or interest she may have or claim to have 
in or to the said crown lauds herein mentioned, the same to be paid by the 
Secretary of the Treasury upon the execution of proper deeds of relinquishment 
by said Liliuokalani: And provided further, That said sum of $250,000 shall, to 
that amount, be a charge upon the revenues of said lands, and shall be repaid to the 
United States from the revenues of said lands in live equal annual payments.
Mr. CLARK of Wyoming.   Mr. President, I do not care to discuss 
this matter.   It seems to me that section 101 is one of the most 
marvelous and stringent and outrageous pieces of legislation that was 
ever sought to be perpetrated by the American Congress.   I can 
not believe that the men who formulated this bill contemplated 
what section 101 does.   Unless there is a desire on the part of the 
Senate for information I will make no remarks whatever upon the 
proposed amendment.   If it shall fail I have one upon the desk of 
the clerks which I will urge instead. Mr. BACON.   Let me ask the 
Senator from Wyoming a question.   What is the value of the Crown 
lands? Mr. CLARK of Wyoming.   The value of these lands it is 
difficult to estimate.   Some of them are worth a thousand dollars an 
acre.   At the time of the overthrow of the monarchy, I will say to 
the Senator from Georgia, the annual rental therefrom was 
$50,000, or about that, and since that time, by the ending of leases that 
were then in effect and the renewal of leases upon land by the present 
republic, it amounts to somewhere between one hundred and one 
hundred and fifty thousand dollars per annum.   Those lands were 
confiscated absolutely. Mr. TELLER.   By whom? Mr. CLARK of 
Wyoming.   By the republic of Hawaii, at the overthrow of the 
monarchy, and were thrown into the general land system of the 
government. Mr. TELLER.   May 1 ask the Senator a question?   Was 
it recognized that they were private property before that? Mr. 
CLARK of Wyoming.   It was recognized that the revenues of the 
Crown lands all went to the Crown for the expenses of the reigning 
sovereign. Mr. TELLER.   And he disposed of it as he saw fit? Mr. 
CLARK of Wyoming.   He disposed of that revenue as he saw fit.   
It is an amendment which in good conscience and equity ought to 
pass. Mr. BATE.   What has become of the $50,000 of rentals per 
annum? Mr. CLARK of Wyoming.   It has gone into the coffers of 
the present government of Hawaii and is there now; and this amend-
ment proposes that out of the revenues of those Crown lands the 
ex-Queen, who by virtue of her right as reigning sovereign before the 
revolution was entitled to all the revenues from the land, shall be 
paid $350,000 in lieu of all claims upon the Crown lauds, whatever 
they may be, now or hereafter. Mr. BATE.   Does she consent to 
that? Mr. CLARK of Wyoming.   I can not say to the Senator whether 
she consents or not.   If she does not, it will be inoperative. Mr, 
BATE.   This bill takes the land from her and puts it in the hands 
of the Hawaiian government? Mr. CLARK of Wyoming.   Section 
101 absolutely cuts off by legislative action any claim she might 
have before the world or in any court. Mr. BATE.   There is no 
question that she had title to it before? Mr. CLARK of Wyoming.   
There is no question on earth that she had title to it before. Mr. 
CULLOM.   She had no title. Mr. CLARK of Wyoming.   I beg the 
Senator's pardon; she did have title.                                                                                
Mr. BATE.   I ask that the amendment may again be read. The 
PRESIDENT pro tempore.   The amendment will again be stated. 
The Secretary again read the amendment. Mr. BATE.   Then I 
understand from this amendment that the money comes out of the 
proceeds of that land.   It is not to be paid out of the Treasury of 
the United States. Mr. CLARK of Wyoming.   The Treasury of the 
United States is to be reimbursed from the revenues of the lands 
which are now under lease.    Mr. BATE.   The Senator from 
Wyoming is a member of the Foreign Relations Committee, I 
believe? Mr. CLARK of Wyoming.   Yes. Mr. BATE.   I am 
unfamiliar with this matter, because I am not connected with the 
committee in any way, and I can only learn these facts as they are 
presented now in considering the bill. Do I understand the Senator to 
say that the Crown lands undoubtedly belonged to the Queen?

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