University of Hawaii at Manoa Library

Home: The Annexation Of Hawaii: A Collection Of Document

Hawaii Organic Act: Congressional debates on Hawaii Organic Act

[ Previous Page ] -- [ View PDF ] -- [ View in MS Word ] -- [ Next Page ]

3806
Tellers were refused, 16 members, not a sufficient number, rising in 
support of the demand therefor. Accordingly the amendment of Mr. 
SNODGRASS was rejected. The CHAIRMAN.   The Chair will state 
that the gentleman from Tennessee [Mr. RICHARDSON] sent to the 
desk an amendment to this section, which has not been read; for the 
information of the committee the Clerk will read it. The Clerk read as 
follows:
Strike out. In line 24. section 5, the words "except as herein otherwise provided" 
and insert the same words after the words "United States," in Tine 25 of the 
same section, and insert a comma after the word "Constitution," in line 25 of the 
same section.
Mr. BARTLETT.   Mr. Chairman, that was intended to meet this 
situation.   The gentleman from Tennessee and a number of others 
on this side of the House contend that the provision -- The 
CHAIRMAN.   The Chair will state to the gentleman from Georgia 
that on the motion of the gentleman from Massachusetts debate on 
this section has been closed. Mr. BARTLETT.   On what? Mr. 
WILLIAMS of Mississippi.   On the amendment? The CHAIRMAN.   
On the section. Mr. KNOX.   Do you consider this anything more 
than a mere verbal amendment? Mr. BARTLETT.   Yes, sir; I do. 
Mr. KNOX.   A matter of substance? Mr. BARTLETT.   I think so.  
Mr. KNOX.   And that by inadvertence or by accident it was not 
presented? Mr. BARTLETT.   The gentleman from Tennessee [Mr. 
RICHARDSON] wrote it and sent it to the desk for the purpose of 
presenting it, and while the discussion was going on he went out, and 
will be back in a moment.   1 know he intends to present it, and he 
sent it to the desk for the purpose of having it pending.   I ask 
permission to finish my statement. Mr. KNOX.   I do not like to 
object to anything that went out by a misunderstanding. Mr. 
BARTLETT.   I can not say it went out by a misunderstanding.   
The CHAIRMAN.   The section might be passed over until the 
return of the gentleman from Tennessee. Mr. KNOX.   Pass it until 
he returns.   I will agree to that. The CHAIRMAN.    The 
gentleman from Massachusetts asks that this section be passed for 
the present.   Is there objection? [After a pause.]    The Chair hears 
none.,)
CONSTRUCTION OF EXISTING STATUTES.
SEC. 10. That all obligations, contracts, rights of action, suits at law and in 
equity, prosecutions, and judgments existing prior to the taking effect of this 
act shall continue to be as effectual as if this act had not been passed; and 
those in favor of or against the republic of Hawaii, and not assumed by or 
transferred to the United States, shall be equally valid in favor of or against the 
government of the Territory of Hawaii.   All offenses which by statute then in 
force were punishable as offenses against the republic of Hawaii shall be 
punishable as offenses against the government of the Territory of Hawaii unless 
such statute is inconsistent with this act, or shall be repealed or changed by law.   
All criminal and penal proceedings then pending in the courts of the republic of 
Hawaii shall be prosecuted to final judgment and execution in the name of the 
Territory of Hawaii; all such proceedings, all actions at law, suits in equity, and 
other proceeding!) then pending in the courts of the republic of Hawaii shall be 
carried on to final judgment and execution in the corresponding courts of the 
Territory of Hawaii; and all process issued and sentences imposed before this act 
takes effect shall be as valid as if issued or imposed in the name of the Territory 
of Hawaii.
Mr. KNOX.   Mr. Chairman, I offer the amendment which I send 
to the desk. The Clerk read as follows:
On page 58, section 10, line 23, add the following: "Provided, That no suit or 
proceedings shall be maintained for the specific performance of any contract 
heretofore or hereafter entered into for personal labor or service, nor shall any 
remedy exist or be enforced for breach of any such contract, except in a civil 
suit or proceeding instituted solely to recover damages for such breach: 
Provided further. That the provisions of this section shall not apply to merchant 
seamen."
Mr. ROBINSON of Indiana rose. Mr. KNOX.   I yield to the gentleman 
from Indiana. The CHAIRMAN.   The gentleman can not yield to 
another gentleman under the rule. Mr. McRAE.   I offer an 
amendment to the amendment. Mr. ROBlNSON of Indiana.   I move 
this as a substitute. The CHAIRMAN.   The gentleman from 
Arkansas offers an amendment to the amendment, which will be 
reported to the committee. Mr. McRAE.   Following the language of 
the gentleman from Massachusetts. The Clerk read as follows:
That the act approved February 26, 1885, "to prohibit the importation and 
migration of foreigners and aliens under contract or agreement to perform

labor in the United States, its Territories, and the District of Columbia," and the 
acts amendatory thereof and supplemental thereto, be, and the same are hereby, 
extended to and' made applicable to the Territory of Hawaii.
Mr. KNOX.   That is already provided by the bill, our entire 
immigration laws -- Mr. McRAE.   I think there is some doubt 
about that.   I do not think you will lose anything by expressly and 
positively extending this law and making it clear. Mr. KNOX.   We 
might then go on and extend all the laws separately. The 
CHAIRMAN.   The Chair recognizes the gentleman from Indiana. 
Mr. ROBINSON of Indiana.   I propose this as a substitute for the 
amendment. The CHAIRMAN.   The Chair will say that as the bill 
being considered by the committee is itself an amendment, it is not 
in order to consider any other amendment than that proposed by 
the gentleman from Massachusetts until that amendment is disposed 
of. Mr. NORTON of Ohio.   Then would it be in order to move to 
strike out the last word?   I desire to be heard on the amendment of 
the gentleman from Massachusetts. The CHAIRMAN.   It would not 
be in order to move to strike out the last word of the gentleman's 
amendment, because that would be an amendment. Mr. 
ROBINSON of Indiana.   Have I not the floor?   I present this as a 
substitute. The CHAIRMAN.   The gentleman presents a substitute, 
which will be read in the time of the gentleman from Indiana. The 
Clerk read as follows:
Strike out all of section 10, on page 58, and insert: "CONSTRUCTION OF EXISTING 
STATUTES.
"SEC. 10. That all rights of action, suits at law and in equity, prosecutions, and 
judgments existing prior to the taking effect of this act shall continue to be as 
effectual as if this act had not been passed; and those in favor of or against the 
Republic of Hawaii, and not assumed by or transferred to the United States, 
shall be equally valid in favor of or against the government of the Territory of 
Hawaii.  All offenses which by statute then in force were punishable as offenses 
against the Republic of Hawaii shall be punishable as offenses against the 
government of the Territory of Hawaii, unless such statute is inconsistent with 
this act or shall be repealed or changed by law.   All criminal and penal 
proceedings then pending in the courts of the Republic of Hawaii shall be 
prosecuted to final judgment and execution in the name of the Territory of 
Hawaii; all such proceedings, all actions at law, suits in equity, and other 
proceedings then pending in the courts of the Republic of Hawaii shall be 
carried on to final judgment and execution in the corresponding courts of the 
Territory of Hawaii; and all process issued and sentences imposed before this act 
takes effect shall be as valid as if issued or imposed in the name of the Territory 
of Hawaii: Provided, That no suit or proceedings shall be maintained for the 
specific performance of any contract heretofore or hereafter entered into for 
personal labor or service, nor shall any remedy exist or be enforced for breach 
of any such contract, except in a civil suit or proceeding instituted solely to 
recover damages for such breach. "SEC. 11. That all contracts made since August 
12, 1898, by which persons are held for service for a definite term, are hereby 
declared null and void and terminated, and no law shall be passed to enforce said 
contracts in any way; and it shall be the duty of the United States marshal to at 
once notify such persons so held of the termination of their contracts."
Mr. ROBINSON of Indiana.   Mr. Chairman, the substitute proposed 
for the amendment is the provision adopted by the Senate alter a 
most careful consideration.   I took the time to go to individual 
Senators - Senator NELSON, Senator PETTIGREW, and others - and all 
agree that it wipes out effectually this contract labor in Hawaii.   It 
was suggesed to me by those Senators that this would be the 
proper and the best provision to pass upon this subject.   I believe the 
chairman of the committee will accept this. The only difference 
between this and the main portion of the provision of the gentleman 
from Massachusetts is the words "obligation and contracts" are 
eliminated from the first line, and then the Senate's last section, 
which is wiping out the labor contract, is appended.   That is the 
only difference. Mr. McRAE.   1 did not understand it from the 
reading of it. I would like to hear some explanation from the 
gentleman. Mr. ROBINSON of Indiana.   It is the Senate's provision, 
drawn by Senator PETTIGREW. Mr. McRAE.   It does not make any 
difference whom it was drawn by; it is not clear to me.              Mr. 
ROBINSON of Indiana.   It says:      
That all contracts made since April 13, 1898, by which persons are held for service 
for a definite term, are hereby declared null and void and terminated, and no law 
shall be passed to enforce said contracts in any way: and it shall be the duty of 
the United States marshal to at once notify such persons so held of the 
termination of their contracts.
Mr. McRAE.   What we want and what the law gives us in this 
country is to prohibit the shipowners from bringing these people 
into the country. Mr. KNOX.   Those laws are all extended by the 
bill. Mr. ROBINSON of Indiana.   Yes; but that does not go far 
enough on the labor contract.

Return to Top

Terms of Use  |  UH Mānoa  |  UH System  |  Ask Us
University of Hawai‘i at Mānoa Library  |  2550 McCarthy Mall  |  Honolulu, Hawaii 96822 USA
808-956-7214 (Reference)  |  808-956-7203 (Circulation)  |  808-956-7205 (Administration)
808-956-5968 (fax)  |  library@hawaii.edu