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3707
The sessions of the legislature are biennial; the election is in the fall, 
and they meet in February.   The provision is generally the 
provision of our law, that each House shall be the judge of the 
election and qualification of its members, and disqualifies all those 
who are employed by the government in other positions, and pro-
viding for the oath. Mr. SMITH of Kentucky.   I would like to make 
a suggestion to the gentleman as to section 18, which reads:
That no person shall be entitled to register or vote at any election in the 
Territory of Hawaii unless he shall take an oath to support the Constitution of 
the United States.
Does not the gentleman think that the verbiage of that section might 
be improved somewhat?   There seems to be some question of 
whether a man every time he went to register should take a 
constitutional oath, and I would suggest that there be inserted 
"unless he shall theretofore have taken the oath." Mr. KNOX.   I 
suppose the gentleman would agree that the oath is a proper one, 
that he should support the Constitution of United States? Mr. 
SMITH of Kentucky.   Oh, yes; I do not disagree with that. I am not 
criticising requiring a man to take the oath.   This language might 
impart the idea that at each and every registration had and every 
election held each voter should take the oath, notwithstanding he 
may have taken it a half a dozen times before. It seems to me that 
if you would make it read "unless he shall have theretofore taken 
the oath to support the Constitution of the United States" it would 
be much better. Mr. KNOX.   I hardly think the section is 
susceptible to the objection which the gentleman makes:
That no person shall be entitled to register or vote at any election in the 
Territory of Hawaii unless he shall take an oath to support the Constitution of 
the United.States.
After he has once taken the oath and once registered, he is a voter. 
Mr. SMITH of Kentucky,   Yes; but does that say that? Mr. KNOX.   
Would not that be a fair construction? Mr. SMITH of Kentucky,   
Yes; but I want you to make it sure that it is that way. Mr. KNOX.   
I think that would bo the fair construction.   If the gentleman 
thinks it doubtful, it could be changed, and there would be no 
objection to that. Mr. SMITH of Kentucky.   I would like to have it 
made plain and direct. Mr. KNOX.  The provision for the yeas and 
nays, the rules, the punishment of persons not members, are so like 
those of the United States' provisions that I do not think it necessary 
to refer to them.   The compensation of members of the legislature is 
$400 for a session that is limited to sixty days, and $200 for an 
extra session, limited to 30 days, and mileage at 10 cents a mile 
each way.   I believe under our general Territorial laws the 
Territorial council receives compensation at $6 per day and mileage. 
Mr. WILSON of Idaho.   Will the gentleman answer a question? 
Mr. KNOX.   Certainly. Mr. WILSON of Idaho.   Referring to section 
4, it is provided-
That all persons who are citizens of the republic of Hawaii on August 12, 1898, 
are hereby declared to be citizens of the United States and citizens of
the Territory of Hawaii. ,
Who were citizens then?   Does that include any Chinese or 
Japanese? Mr. KNOX.   Under that provision the republic of 
Hawaii made citizens of the republic all persons born or 
naturalized in the republic of Hawaii.    When the republic of 
Hawaii was formed, there were a few Chinese who had been granted 
citizenship, and the republic did substantially what this bill does; 
and with the exception of about 700 Chinese who had previously been 
naturalized in the days of the monarchy, there are no Chinese 
citizens, and that was the extent of the Asiatic naturalization; and 
of that 700 a very large number have departed. Mr. WILSON of 
Idaho.   Now, can you tell me how many come in under this act? Mr. 
KNOX.   None come in not already naturalized. Mr. WILSON of 
Idaho.   How many are there of them? Mr. KNOX   There were not 
over 700 previous to the formation of the Hawaiian republic. Mr. 
WILSON Of Idaho.   Of course, all Chinese born in Hawaii would be? 
Mr. KNOX.   They all are under our laws by this bill. Mr. WILSON 
of Idaho.   About 700 would include all Chinese citizens?            Mr. 
KNOX.   And according to the best estimate, half of these have gone 
from Hawaii. Mr. SMITH of Kentucky.   Will the gentleman tell me 
why the 12th of August was fixed? Mr. KNOX.   The 7th day of July 
was the date of the passage of the annexation resolution.   The 
President in his proclamation provided for the transfer of sovereignty 
- the actual ceremonies of

the transfer of sovereignty from the Hawaiian republic to the 
United States, which was to take place on the arrival of the Phil-
adelphia with Admiral Walker.   That Vessel arrived, and the cer-
emonies took place on August 12.   That was the day that the 
Hawaiian flag was run down and the American flag went up. The 
CHAIRMAN.   The time of the gentleman has expired. Mr. 
RICHARDSON.   I ask unanimous consent that the gentle-man be 
allowed to conclude his remarks. Mr. HITT.   The gentleman is in 
control of the time.   How could his time have expired? The 
CHAIRMAN.   Even if he were in control of the time, be must speak 
in subjection to the rules, which limits him to sixty minutes. Mr. 
HITT.   I thought an agreement had been made. Mr. 
RICHARDSON.   No; it was not made.   I ask unanimous consent 
that the gentleman may be permitted to conclude his remarks.     The 
CHAIRMAN.   The gentleman from Tennessee asks unanimous 
consent that the gentleman from Massachusetts may be permitted 
to conclude bis remarks.   Is there objection?   [After a pause.]   The 
Chair hears none. Mr. KNOX.   Mr. Chairman, I have already stated 
the number of members of the senate, and that general and special 
elections may be had to fill vacancies which may be occasioned in 
either house. Now, the provisions as to the division of senatorial 
districts are contained on pages 63 and 04 of the bill.   I will not read 
those. The universal testimony was that these districts were divided 
as fairly and with as much consideration for the convenience of the 
people and the voters as it was possible under all the circum-
stances, and no objection came from any quarter; and I would say 
the same in regard to the representative districts contained on pages 
05 and 66. The qualifications of a representative are simply the 
attainment of the age of 23 years, citizenship of the United States, 
and residence in the Hawaiian Islands for a space of three years. Mr. 
MORRIS.   I see that those are the qualifications of a senator: where 
are the qualifications for a representative? Mr. KNOX.   That comes 
later on, and differs in no way. The first session of the legislature will 
take place in 1901.   It is provided that the English language shall 
control in the title to laws and the enacting clause.   The reading of the 
bill is in accordance with our own provisions, and the certification of 
bills from one house to another and the signing of the bills by the 
governor are in conformity to our own rules.   The governor has the 
usual veto provided by the Territorial law. Mr. SMITH of Kentucky.   
Have you provided in the bill that the final passage of bills in the 
assembly shall be by a yea-and-nay vote? Mr. KNOX.   Yes, and the 
governor is obliged to return a bill vetoed, with the reasons for the 
same. Mr. SMITH of Kentucky.   Have yon made it mandatory? Mr. 
KNOX.   We have. Mr. WILLIAMS of Mississippi.   I notice on page 
93, section 04, in connection with imports from Hawaii into the 
United States, this language:
That imports from any of the Hawaiian Islands into any State or any other 
Territory of the United States, of any dutiable articles not the growth, production, 
or manufacture of said islands, and imported into them from any foreign country 
after July 7, 1896, and before this act takes effect, shall pay the same duties that 
are imposed on the same articles when imported into the United States from 
any foreign country.
What was the date of our establishment of custom-houses out there? 
Mr. KNOX.   The customs laws of the United States have not been 
extended to Hawaii. Mr. WILLIAMS of Mississippi.   I thought we 
passed an act extending them some time ago. Mr. KNOX.   I think we 
passed it in the House at the last Congress, but it failed in the Senate. 
Mr. WILLIAMS of Mississippi.   I knew we passed it in the House 
at some time. Mr. KNOX.   Now, the appropriations on page 69, 
which the legislature may make, are to be made biennially.   They are 
made upon estimates submitted by the governor substantially in 
accordance with our own provisions.   The provisions of section 54 
are perhaps a little different in providing that the governor, in case 
of failure to appropriate, may extend the appropriations that have 
been made before. The legislative power, page 70, is but a repetition 
of our own law as to the subjects upon which Territorial legislation 
may be had. Mr. GILBERT.   I have not studied the bill carefully, 
but I would like to know whether, under the provisions of this act, 
the Chinese and Japanese and other Asiatics are entitled to give evi-
dence, to serve on juries, and to perform all the other functions of 
citizenship except to vote? Mr. KNOX.   As I understand the laws of 
Hawaii, the juries

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