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3818
Whole House on the state of the Union, with Mr. MOODY of Mas-
sachusetts in the chair, for the farther consideration of Senate bill 
222. The CHAIRMAN.   The House is now in Committee of the 
Whole House on the state of the Union for the farther consideration 
of Senate bill 222.   The question is on agreeing to the amendment 
offered by the gentleman from Kentucky [Mr. PUGH]. Mr. LANE.   
Mr. Chairman, I ask to have the amendment again read. The 
CHAIRMAN.   The Clerk will again report the amendment The 
amendment offered by Mr. PUGH was again read. The CHAIRMAN.   
The question is on agreeing to the amendment offered by the 
gentleman from Kentucky. The question was taken, and the 
amendment was disagreed to. The Clerk, proceeding with the reading 
of the bill, read as follows:
Sixth. Be able to speak, read, and write the English or Hawaiian language.
Mr. UNDERWOOD.   Mr. Chairman, in the discussion that took 
place on the amendment to the first line of this page, as to the time 
in which a voter should pay his poll tax before registration took 
place, gentlemen on that side of the Chamber attempted to take the 
position that the Republican party, especially the gentleman from 
North Carolina [Mr. LINNEY], who last spoke, that the Republican 
party was not in favor of requiring the citizens of the Hawaiian 
Islands to pay a poll tax, and appealed to members on that side for 
that reason to vote down the amendment of the gentleman from 
Mississippi [Mr. WILLIAMS].   I am unwilling to let that assertion go 
unchallenged.   I believe the Republican party in this House to-day 
voted right for once, when it voted against the amendment of the 
gentleman from North Carolina to strike out the provision 
requiring these people to pay a poll tax before they voted. There 
were but two votes cast against that amendment on the floor of this 
House, and every other member who sat here either voted to require 
the poll tax to be paid or in silence allowed his vote to be cast.   
Yon can not throw this mantle away from you. It is your duty, as 
you know it, as it is the duty of the members on this side of the 
House, to properly protect the elective franchise in that new Territory.   
You have done it. and like men you should stand here and take your 
responsibility.  Furthermore, this bill provides that each one of these 
citizens should be able to speak, read, and write the English language, 
and the Republican party on that side of the House, as well as the 
Democrats on this side of the House, have just cast a vote 
recognizing that that should be done without division.   Without 
calling for a division, you on that side have recognized that this 
should be the constitutional law in Hawaii.   I congratulate yon. 
Mr. OLMSTED.   Mr. Chairman, the gentleman from Alabama, who 
raised his voice against gentlemen on this side of the House, raising 
the point of order that their remarks were not limited to the precise 
question at issue, seems to be discussing an amendment which has 
been already acted upon and not the amendment now pending. The 
CHAIRMAN.   The point of order is well taken. Mr. KNOX.   Mr. 
Chairman, inasmuch as the gentleman from Alabama has been of 
great assistance upon the other side in helping us along. I was willing 
to let him conclude his remarks. Mr. UNDERWOOD.   1 thank the 
gentleman from Massachusetts, but I have concluded. The Clerk read 
as follows:
SEC. 62. That in order to be qualified to vote for senators a person must possess 
all the qualifications and be subject to all the conditions required by this act of 
voters for representatives.
Mr. KNOX.   I move to amend the section just read by inserting in 
line 15, after the word "senators," the words "and for voting in all 
other elections in the Territory of Hawaii." The amendment was 
agreed to. The Clerk read as follows.
SEC. 64. That the rules and regulations for administering oaths and holding 
elections set forth in Ballou's Compilation, Civil Laws, Appendix, and the list 
of registering districts and precincts appended, are continued In force with the 
following changes, to wit: Strike out the preliminary proclamation and sections 
1 to 26, inclusive, sections 30 and 38, the second and third paragraphs of section 
48, the second paragraph of section 50, find sections 62, 63, and 66, second 
paragraph of section 100. In section 29 strike out all after the word "Niihau" and in 
lien thereof insert: "The boards of registration existing at the date of the 
approval of this act shall go out of office, and new boards, which shall consist of 
three members each, shall be appointed by the governor, by and with the 
advice and consent of the senate, whose terms of office shall be four years.   
Appointments made by the governor when the Senate is not in session shall be 
valid until the succeeding meeting of that body."     .
Mr. RICHARDSON.   Mr. Chairman, I am not as familiar with this 
bill as possibly I should be or as members of the committee are.   I 
would like to ask the gentleman in charge of the bill what is meant 
by "Ballon s Compilation?" Mr. KNOX.   That is defined in the first 
section of the bill. Mr. RICHARDSON.    What is section 29 of that 
compilation?

Mr. KNOX.   Section 20 has reference to the registration, and reads 
as follows:
For the purpose of examining applicants for registration as voters and determining 
their eligibility, there shall be fire boards of registration, one for that portion of 
the island of Hawaii known as Puna, Hilo, and Hamakua: one for that portion of 
the Island of Hawaii known as Kau, Kona, and Kohala: one for the islands of 
Maui. Molokai. Lanai, and Kahoolawe; one for the island of Oahu, and one for the 
islands of Kanai and Niihau.
I trust I make myself intelligible.   [Laughter.] Then follows this 
language:
Such boards shall consist of three members each, who shall be appointed by the 
President, with the approval of the Senate.
That we have changed, substituting the governor for the President. 
Mr. RICHARDSON.   The point I wish to get at is this: This clause 
provides for the appointment of a board to consist of three members, 
to be appointed by the governor.   It does not provide that this board 
shall be nonpartisan.   All three members may be of the same 
political party.   I take it for granted that we are going to have politics 
there, just as we have in the various States and Territories of our 
Union. Yesterday we had a very learned discussion here, and my 
friend from Iowa - I am sorry I do not see him in his seat at 
present; perhaps he is listening to me, however - my friend from 
Iowa insisted that in no State or country subject to the jurisdiction of 
the United States would he ever consent that there should be a board 
with powers such as are conferred upon this board.   He said that all 
such boards should be nonpartisan in their composition - that is, 
made up of members of the two great political parties. I call attention 
to this provision in a nonpartisan spirit.   I think it ought to be 
amended and that representation on the board ought to be accorded to 
both of the great political parties.   I submit this consideration to the 
fair-minded gentleman from Massachusetts. Mr. KNOX.   I agree 
fully that all registration boards and all boards in charge of the 
conduct of elections ought to be nonpartisan; each party should be 
represented.   Under the old provision these registers were 
appointed with the consent of the Hawaiian senate; they had a 
voice in the choice.   The trouble about any amendment to this 
provision now is that there are no political parties in Hawaii, so far 
as I know. Mr. RICHARDSON.   How long does the gentleman 
think that state of felicity will continue? Mr. KNOX.   If you are 
going to organize a Democratic party there, I have no objection to 
inserting such a provision.   We have no Republicans there vet, so far 
as I know. Mr. RICHARDSON.   We are not legislating for to-day 
merely; we are legislating perhaps for a long period.   It has 
occurred to me that this board ought to embrace not more than two 
members of one political party.   I do not know that there is going to 
be a Republican party or a Democratic party out there; I am not say-
ing that.   Bat in the interest of good legislation and fair elections, this 
board ought to be nonpartisan. Mr. KNOX.   If the gentleman will 
use his distinguished ability to draw an amendment to carry out his 
view, we on this side will support it unanimously.  [Here the hammer 
fell.] Mr. BOREING obtained the floor. Mr. RICHARDSON.   I hope 
the gentleman from Iowa will offer an amendment. Mr. LACEY.   
That is just what I am going to do.   I desire to offer an amendment 
to line 12, to insert after the word "each" -- The CHAIRMAN.   The 
gentleman from Kentucky [Mr. BOREING] has been recognized.   Mr. 
BOREING.   Mr. Chairman, I very heartily agree with the gentleman 
from Tennessee [Mr. RICHARDSON] .   I am very glad to know that he 
is so thoughtful and so fair-minded.   I trust we shall incorporate 
his view into this law, and that it may be lived up to, and may be a 
precedent for the future. Mr. RICHARDSON.   I will offer an 
amendment, unless the gentleman from Iowa does so. Mr. LACEY.   
I desire to offer this amendment: To insert, after the word "each," in 
line 12, page 75, the words "not more than two of whom shall be of 
the same political party." The amendment of Mr. LACEY was agreed to. 
Mr. ROBINSON of Indiana.   I desire to ask the gentleman from 
Massachusetts in charge of the bill if there is any reason for 
designating the sheriff as "high sheriff?"   My conference with the 
people over there resulted in the belief that there is no reason for this 
designation, even though it is "English, you know." Mr. KNOX.   I 
agree with the gentleman from Indiana that so far as I know the 
designation in this country has always been sheriff and deputy 
sheriff; but in Hawaii the custom has prevailed of having the head 
executive officer of each island called the sheriff, and in order to 
make a distinction we have called the principal officer the high 
sheriff. Mr. ROBINSON of Indiana.   I understand they have never 
had an officer designated as "high" sheriff heretofore.   The designa-
tion has been "marshal."                     

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