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 ]


3810
its committee, and provides for the punishment of persons who 
may attempt to interfere with witnesses in attendance upon in-
vestigations of the legislature.
The amendment was agreed to.
The Clerk read as follows:
QUALIFICATIONS OF SENATORS.
SEC. 34. That in order to be eligible to election as a senator a person shall -  	Be 
a male citizen of the United States;
Have attained the age of 25 years;
Have resided in the Hawaiian Islands not less than three years and he 
qualified to vote for senators.
Mr. ROBINSON of Indiana. I desire to call the attention of the 
chairman of the committee to the fact that at this place it would be 
appropriate to insert the words "in the district from which he is 
elected," to follow the last word "senators," in line 18, so that the 
one elected shall be qualified to be a senator in the district from 
which he is elected. Unless that omission has been supplied by the 
gentleman in some other form, I desire at this time to propose it 
as an amendment, providing, as it does, that they must reside in 
the district from which they are elected, or be voters in the district.
Mr. KNOX.   I make no objection to that amendment.
The amendment was agreed to.
The Clerk read as follows:
QUALIFICATIONS OF REPRESENTATlVES.
SEC. 40. That in order to be eligible to be a member of the house of repre-
sentatives a person shall, at the time of election - 
Have attained the age of 25 years;
Be a male citizen of the United States;
Have resided in the Hawaiian Islands not less than three years;
And shall be qualified to vote for representatives.
Mr. ROBINSON of Indiana. Mr. Chairman, offer a like 
amendment as to representatives.
Mr. KNOX.   I make no objection to it.  The CHAIRMAN.   The 
Clerk will report the amendment.
The Clerk read as follows:
After the word "representatives," in line 13, page 66, insert " in the district 
from which he is elected."
The amendment was agreed to. 
The Clerk read as follows:
 	VETO OF GOVERNOR.
SEC. 49. That every bill which shall have passed the legislature shall be cer-
tified by the presiding officers and clerks of both houses, and shall thereupon be 
presented to the governor. If he approves it, he shall sign it, and it shall 
become a law. If the governor does not approve such bill, he shall return it, 
with his objections, to the legislature.
He may veto any specific item or items in any bill which appropriates 
money for specific purposes; but shall veto other bills, if at all, only as a whole.
The CHAIRMAN. The gentleman from Maine [Mr. LITTLE-
FIELD] sent to the desk an amendment to" this section.
Mr. KNOX. I ask unanimous consent to pass the section until he 
is present in the Hall.
The CHAIRMAN. The request is that the section be passed. Is 
there objection?
There was no objection.	  .
The Clerk read as follows:
SBC. 52. That appropriations, except as otherwise herein provided, shall be 
made biennially by the legislature.
Mr. KNOX.   Mr. Chairman, I offer an amendment to section 52.
The CHAIRMAN. The gentleman from Massachusetts offers an 
amendment, which the Clerk will report.
The Clerk read as follows:
On page 69, section 52, line 11, after the word "legislature" insert the fol-
lowing:
"provided. however. That pending the time when this act shall take effect, 
and until a session of the legislature of the Territory of Hawaii shall be held, 
the President may in his discretion authorize ana direct the use of such 
money in the Treasury of the republic of Hawaii, as well as of the Territory of 
Hawaii, as he shall think requisite and proper for carrying on the government 
of Hawaii, the preservation of the public health, the completion of the 
sewerage system of Honolulu, and such other expenses as in the President's 
judgment shall seem to be appropriate."
The question being taken on agreeing to the amendment, the 
Chairman announced that the ayes appeared to have it.
Mr. WILLIAMS of Mississippi demanded a division.
Mr. KNOX. This is simply until the legislature meets. The 
legislature can not meet until February.
Mr. WILLIAMS of Mississippi. I understand, but it puts the 
funds of the republic in the hands of the President.
The committee divided; and there were - ayes 42, noes 21.
Accordingly, the amendment was agreed to..
The Clerk read as follows:
SEC. 54. That in case of failure of the legislature to pass appropriation bills 
providing for payments of the necessary current expenses of carrying on the 
government and meeting its legal obligations as the same are provided for by 
the then existing laws, the governor shall, upon the adjournment of the leg-
islature, call it in extra session for the consideration of appropriation bills, 
and until the legislature shall have acted the treasurer may, with the advice of 
the governor, make such payments, for which purpose the sums appropriated in 
the last appropriation bill shall be deemed to have been reappropri-ated.
Mr. KNOX. I offer the amendment which I send to the Clerk's 
desk


The CHAIRMAN.   The gentleman from Massachusetts offers the 
amendment which the Clerk will report. The Clerk read as follows:
On page 69, section 64, line 25, add the following:
"And all legislative and other appropriations made prior to the date when this 
act shall take effect shall be available to the government of the Territory of 
Hawaii" .
The amendment was agreed to. 
The Clerk read as follows:
LEGISLATIVE POWER.
SEC. 55. That the legislative power of the Territory shall extend to all rightful 
subjects of legislation not inconsistent with the Constitution and laws of the 
United States locally applicable. The legislature, at its first regular session after 
the census enumeration shall be ascertained, and from time to time thereafter, 
shall reapportlon the membership in the senate and house of representatives 
among the senatorial and representative districts on the basis of the 
population in each of said districts who are citizens of the Territory; but the 
legislature shall not grant to any corporation, association, or individual any 
special or exclusive privilege, immunity, or franchise without the approval of 
Congress; nor shall it grant private charters, but it may by general act permit 
persons to associate themselves together as bodies corporate for manufacturing, 
agricultural, and other industrial pursuits, and for conducting the business of 
insurance, savings banks, banks of discount and deposit (but not of issue), loan, 
trust, and guaranty associations, for the establishment and conduct of 
cemeteries, and for the construction and operation of railroads, wagon roads, 
vessels, and irrigating ditches, and the colonization and improvement of lands in 
connection therewith, or for colleges, seminaries, churches, libraries, or any 
other benevolent, charitable, or scientific association. No divorce shall be 
granted by the .legislature, nor shall any divorce be granted by the courts of the 
Territory unless the applicant therefor shall have resided in the Territory for 
two years next preceding the application, but this provision shall not affect any 
action pending when this act takes effect; nor shall any lottery or sale of lottery 
tickets bo allowed; nor shall any public money be appropriated for the support 
or benefit of any sectarian, denominational, or private school, or any school not 
under the exclusive control of the government; nor shall the government of the 
Territory of Hawaii, or any political or municipal corporation or subdivision of 
the Territory, make any subscription to the capital stock of any incorporated 
company, or in any manner lend its credit for the use thereof; nor shall any 
debt be authorized to be contracted by or on behalf of the Territory, or any 
political or municipal corporation or subdivision thereof, except to pay the 
interest upon the existing indebtedness, to suppress insurrection, or to provide 
for the common defense, except that in addition to any indebtedness created 
for such pur-poaes the legislature may authorize loans by the Territory, or any 
such subdivision thereof, for the erection of penal, charitable, and educational 
institutions, and for public buildings, wharves, roads, and harbor and other pub-
lic improvements, but the total of such indebtedness incurred in any one year 
by the Territory or any subdivision shall not exceed 1 per cent upon the 
assessed value of taxable property of the Territory or subdivision thereof, as the 
case may be, as shown by the last general assessment for taxation, and the 
total indebtedness for the Territory shall not at any time be extended beyond 
7 per cent of such assessed value, and the total indebtedness of any 
subdivision shall not at anytime be extended beyond 3 per cent of such as-
sessed value, but nothing in this provision shall prevent the refunding of any 
existing indebtedness at any time; nor shall any such loan be made upon the 
credit of the public domain or any part thereof, nor shall any bond or other 
instrument of any such indebtedness be issued unless made redeemable in not 
more than five years and payable in not more than fifteen years from the date 
of the issue thereof. No retrospective law shall be enacted.
Mr. KNOX.- I offer an amendment to this section. The 
CHAIRMAN.   The gentleman from Massachusetts offers an 
amendment which the Clerk will report. The Clerk read as follows:
Page 72, section 55, line 14, after the word " thereof," insert the following: " Nor 
shall any such bond or indebtedness be incurred until approved by the President 
of the United States."
The amendment was agreed to'.
Mr. GILLETT of Massachusetts. Mr. Chairman, I offer the fol-
lowing amendment, to come in on page 71, line 7, after the word 
"allowed:"
Nor shall saloons for the sale of intoxicating drinks be allowed.
The CHAIRMAN. The gentleman from Massachusetts offers an 
amendment which the Clerk will report.
The Clerk read as follows:	
After the word "allowed," on page 71, line 7, insert the following: "Nor 
shall saloons for the sale of intoxicating drinks be allowed."
Mr. GILLETT of Massachusetts. Mr. Chairman, in this country I 
am generally in favor of leaving the saloon question to local option, 
for I do not believe legislation is generally effective unless enforced 
by public opinion; but it seems to me that in this new dependency 
there is a special reason why some such law as this should be here 
adopted.
In the first place, I have understood that public opinion there has 
in the past been largely governed by a small class of Ameri-can 
citizens, who under this bill will be in a small minority, so that this 
is different from any other of the Territories, and it would be 
unfortunate to have the existence of the saloon become a matter of 
local politics.
In the second place, it has been an unfortunate fact that in all the 
cases of the contact of a higher civilization with a lower we 
somehow seem to succeed first in introducing our own vices rather 
than our virtues. We are not particularly successful in dealing with 
the liquor question in our own country, but the habits of intoxication 
which always accompany oar first attempts to elevate a race which 
we consider inferior are notorious and need some vigorous 
prohibition.
This amendment would prevent, not all sales of liquor, for it 
would not interfere with hotels or private homes, but it would

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