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3709
power in Hawaii, since the annexation by special legislative enactment, 
which nobody denies the power of Congress to make.) Mr. 
RIDGELY.    And if I understand the gentleman, the Asiatics now 
in the islands can not come into this country because of their being 
there at the time this law goes into effect? Mr. KNOX.   That is 
another question which will arise under the last section.   There are 
some gentlemen in the House who apprehend that under the 
provisions of the last section of the bill the Chinese may, within a 
year, obtain their certificates of residence in Hawaii, and that they 
may then come into California or Oregon and take the benefit of the 
wages and employment they can get there.   I do not think, and the 
committee do not think, that can be done, but there is some doubt 
about it, and an amendment is to be prepared covering that, and I will 
say to the gentleman that we entirely agree that that should not be 
allowed, and provision will be made to prevent it. Mr. RIDGELY.   
Another question, and I am done. Mr. KNOX,   Oh, certainly; 
anything yon desire to ask. Mr. RIDGELY.   All who may be born on 
the islands of Asiatic parents will, by reason of their birth, be 
entitled to come into this country as citizens? Mr. KNOX.   They 
will be citizens.   That is a decision of the Supreme Court. Mr. 
WILSON of Idaho.   They would be citizens if born here. Mr. 
KNOX.   They become citizens if born under this jurisdiction. Mr. 
WILSON of Idaho.    They would be citizens if born in 
Washington. Mr. KNOX.   We can not change that. Mr. RIDGELY.   
And over 60 per cent of the population of the islands are Asiatics. 
Mr. KNOX.   More than half. Mr. RIDGELY.   Then we have a pretty 
wide door open for the admission of the Asiatics as citizens of this 
country. Mr. KNOX.   Let me say to the gentleman that of all the 
Asiatics who come over, very few are females.   The Chinese come to 
Hawaii with the intention of remaining a few years and acquiring 
what is to them, in their own country, a competency and then 
returning    So do the Japanese. Their whole purpose, and the whole 
dream and object of their life, is to return, and they do return.   I am 
not giving exact figures, but they are approximate.   Out of 50,000 
Asiatics in Hawaii there are not 5,000 females. Mr. WILSON of 
Idaho.   Will not our Chinese-restriction laws apply to Hawaii as 
soon as this bill passes? Mr. KNOX.   Precisely.   The laws of the 
United States cover that subject; and I will say to the gentleman 
from Kansas that the Asiatic births in Hawaii are exceedingly small 
in number and scarcely worth counting. Mr. WILSON of Idaho.   
And if the gentleman will allow me to refer to subdivision 6, under 
the restriction of qualifications of voters for representatives, page 
74, I notice a provision that they shall be able to speak, read and 
write the language of the United States or the Hawaiian language.   
I think that is a very admirable provision, which ought to be a 
statute of every State in the Union.   It is an educational qualification, 
but I believe it is a new departure in Congressional legislation. I do 
not know of Congress ever having made an educational 
qualification before.   I think that will ultimately restrict, perhaps, 
the voting of native-born Chinese.   1 would like to have the 
gentleman's opinion as to why that provision was inserted in the bill, 
it being a departure in Congressional legislation. Mr. KNOX.   Well, 
it was the unanimous opinion of the committee that it was wise, and 
it was the unanimous desire of the persons from Hawaii who were 
here, who bad had experience and had observed the people there, 
that the provision should be in the bill.   They thought it was a 
safeguard and the best that could be adopted. Mr. GILBERT.   May 
I ask the gentleman a question? Mr. KNOX.   Oh, certainly. Mr. 
GILBERT.   I want to refer to section 1877 of the Revised Statutes of 
the United States: All persons within the jurisdiction of the United States 
shall have the game rights in every State and Territory to make and enforce 
contracts, to sue -
And so forth - and to the full and equal benefit of all laws- And so forth. 
Now, that section, of course, remains in force under the provisions 
of this act.   I do not understand, and I would like to have you 
explain, how that statute can remain operative and at the same time 
by this act make a discrimination between the two races. Mr. 
KNOX.   We extend the laws of the United States. Mr. GILBERT.   
But do you extend this statute there, too? Mr. KNOX.   Precisely.   
Now, where does the bill make any discrimination which you think 
is a distinction?

Mr. GILBERT.   Why, by this statute all race distinctions are 
obliterated.   Every man is secured the equal protection of this law.   
By your bill you preserve race distinctions and discrimination. Mr. 
KNOX.   In what regard? Mr. GILBERT.   As to their political rights.   
They are in conflict if yon discriminate at all.   If they have existed, 
they are in conflict with this statute which I have just read. Mr. 
KNOX.   By this very bill we extend the provisions of section 1077 to 
the people of the Hawaiian Islands.   It does not apply to their 
political rights, but civil rights.   We take away none of them, and 
the purpose is to take away none of them. Mr. SMITH of Kentucky.   
I would like to ask the gentleman from Kentucky a question, which 
I think will answer his. Mr. GILBERT.   Well? Mr. SMITH of 
Kentucky.   Does the gentleman know where any Chinaman in 
any Territory of the United States can serve on a jury? Mr. 
GILBERT.   I do not know whether he can or not; but that does 
not meet the difficulty.   The Supreme Court has repeatedly held that 
where a statutory enactment deprives a colored citizen, or a 
colored person, of his right to serve on a jury, that is to that extent 
a restriction of his political rights, and he is thereby deprived of 
equal protection of the laws.   I want to know if we can have 
Hawaiian laws with race distinctions, notwithstanding the court 
has said that that is a discrimination and that it would deprive them 
of the equal protection of the law? Mr. KNOX.   The decisions of the 
Supreme Court of the United States will be equally operative in 
Hawaii as in any portion of the United States as to any constitutional 
right which he possesses. It does not apply to his right to vote. Mr. 
GILBERT.   I said in the outset that I was asking questions for 
information. Mr. KNOX.   I fear I can not give the gentleman all the 
information that he desires, but what I can I freely give. Mr. 
GILBERT.   This bill does not disclose who were citizens in the 
particular time designated in the bill.   Will you please, for my 
benefit, tell me who were citizens?     Mr. KNOX.   All persons who 
at the time this bill goes into effect were citizens of the republic of 
Hawaii and made citizens of the United States and the Territory of 
Hawaii. Now, when the republic of Hawaii was formed, four years 
before the passage of the resolution, of course those there who were 
citizens under the monarchy were citizens under the republic. 
And these are made citizens by the bill. Mr. GILBERT.   Were there 
any marriages there between Asiatics and others? Mr. KNOX.   I do 
not know.   I think that matter was not called to the attention of the 
committee at all.   On pages 8 and 0 of the report the whole matter 
that the gentleman inquires about is put in figures.   In the 
provisions of the bill, on page 74, is given the method of voting for 
senators.   In that provision we did away with the accumulative 
voting which had prevailed in Hawaii. Of course the provision as to 
registering in Hawaii had to be taken and entirely changed, or 
changed in a great degree, because there was a property qualification 
under the old law.   The names of the officers of the republic had to 
be changed; and in the report the gentleman will find the registration 
laws that are repealed by the bill and all that are continued in force.   
The governor has the same power substantially as under our own 
Territorial laws.   The secretary of the Territory corresponds to ours; 
the attorney-general and the treasurer are substantially the same as 
our own. In regard to the public lands of Hawaii, the laws applicable 
to . them and the reasons for the provisions are stated fully in the 
report.   So as to the commissioner or superintendent of public 
works, the superintendent of public instruction of Hawaii, the 
surveyor, the sheriff, and also the appointment, removal, and 
tenure of office. The judiciary is to consist of a supreme court and 
such inferior courts as the legislature may from time to time 
establish.   There is also to be a Federal court, with jurisdiction 
entirely distinct from the Territorial.   It was the unanimous opinion 
of all before the committee that with the increased commerce at 
Honolulu and the various new questions arising there would be 
ample business for a Federal court in the islands.   The provision as to 
a Delegate in Congress is substantially that of the general 
Territorial law which has existed for many years. Mr. WILSON of 
Arizona.   Will the gentleman be kind enough to tell me on what page 
the judiciary is provided for? Mr. KNOX.   On page 86 of the bill, 
and the Federal court is provided for on page 90 of the bill.   
Hawaii is made a customs district and an internal-revenue district.     
Now, Mr. Chairman, with these remarks, unless there is something 
more to be said or inquiries to be made by other gentlemen, I will 
yield to my friend the gentleman from Pennsylvania [Mr.. 
MCALEER] such time as he desires or such time as he wishes to yield.

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