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4456
was finally that, barring Asiatics, every other man in the Terri- 
tory should have the right to vote. 
Mr. SPOONER.   I should like to ask the Senator from Illinois 
a question, if he will recur to section 28 of the Senate bill.   Upon 
what theory was it that the clause there giving to each house the 
power to determine the rules of its proceedings was stricken out? 
What objection was there to that? 
Mr. CULLOM.   It is section 27. 
Mr. SPOONER.   It was section 28 in the Senate bill, and pro- 
vided -
That each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and; with the concurrence of two-thirds, 
expel a member.
Upon what theory was the phrase "That each house may de- 
termine the rules of its proceedings" stricken out?   Do yon think 
we can improve much upon the Constitution of the United States 
and all the State constitutions on that subject? 
Mr. CULLOM.   The supposition is that they have that right. 
Each house is to determine the rules of its own proceedings. 
Mr. SPOONER.   The framers of the Constitution of the United 
States did not proceed upon that theory, nor did the framers of 
the constitutions of the various States. 
Mr. CULLOM.   That may be. 
Mr. SPOONER.   That is true. 
Mr. CULLOM.   The truth is that each house the world over 
determines the rules by which it governs its own proceedings; but 
the provision put in here that each house may punish its own 
members for disorderly behavior, neglect of duty, etc., seemed to 
be necessary.   The House conferees insisted upon it, and we con- 
sented to it. 
Mr. BACON.   May I ask the Senator how are the qualifications 
of the members of the two houses to be determined if this con- 
ference report shall be adopted and the bill becomes a law? 
Mr. SPOONER.   If the provision is left in that each house 
shall have the power to determine the elections and qualifications 
of its own members -- 
Mr. CULLOM.   There was no change there, I think.   I was 
referring to the thirty-fourth section, as to the qualifications of 
senators; that the age for a senator should be fixed at 30 years 
instead of at 25 years. 
There is no change made in the thirty-fifth and thirty-sixth 
sections. 
In section 37, after the word "vacancies," the words "in the 
office of representative" were inserted.   As the bill stood it was 
somewhat indefinite, and so those words were put in by the con- 
ferees. 
There is no change made in section 38 of the Senate bill, and 
there is no change in section 39. 
At the end of section 40 the words "in the district from which 
he was elected " were inserted, and the conferees agreed to that. 
The suggestion was that without those words a member of the 
senate might be elected from a district in which he did not reside. 
There were no changes in sections 41, 42, 43, 44, 45, 46, 47, 48, 
49, 50, and 51, except the last clause of section 51 was stricken out 
of the Senate bill and in lieu of it a paragraph was inserted by 
the House, which stated the law more clearly, but which is sub- 
stantially the same thing, as I construe it. 
Mr. JONES of Arkansas.   What change does the Senator say 
has been made in section 40? 
Mr. CULLOM.   At the end of the section the words "in the 
district from which be was elected" were inserted. 
Mr. JONES of Arkansas.   I do not see anything in the print of 
the bill I have to indicate any change of that kind. 
Mr. SPOONER.   That is section 34, on page 16 of the reprinted 
bill. 
Mr. JONES of Arkansas.   The Senator from Illinois said sec- 
tion 40. 
Mr. CULLOM.   I did; and I have an impression, though I am 
not sure of it -- 
Mr. JONES of Arkansas.   These amendments ought to appear 
at the places indicated. 
Mr. CULLOM.   The provision as to residence is made appli- 
cable, as I think, to the whole of the section referring to senators 
and representatives. 
Mr. SPOONER.   There is no reason why it should refer to one 
and not to the other. 
Mr. CULLOM.   No; I think not; but I say I thought when I 
prepared this statement that we had actually made the amend- 
ment applicable to senators and representatives alike. 
Mr. JONES of Arkansas.   Then why should not the print of 
the bill show it? 
Mr. CULLOM.   The bill does not show that as to the house of 
representatives, but I take it it will be so construed, at any rate. 
Mr. SPOONER.   Mr. President. I should hardly think so.   If 
the law provides that the senator shall be a resident of the district 
from which he is elected, but makes no provision whatever on the 
subject as to the representative, the inference would be very clear

that that restriction was not intended to be placed upon the rep- 
resentative. 
Mr. CULLOM.   I find that the House bill as amended by the 
conferees does have the provision in it, and it reads:
And shall be qualified to vote for representatives in the district from 
which he is elected.
Mr. JO^ES of Arkansas.   What section? 
Mr. CULLOM.   That is section 40. 
Mr. JONES of Arkansas.   Then it is a mistake in the print we 
have on our desks. 
Mr. CULLOM.   That has been dropped out by my clerk. 
Mr. JONES of Arkansas.   It is in the official copy - the confer- 
ence report? 
Mr. CULLOM.   It is in the copy before the Senate. 
Mr. JONES of Arkansas.   In the conference report, signed? 
Mr. CULLOM.   The report is signed. 
Mr. JONES of Arkansas.   Are those words added? 
Mr. CULLOM.   The words are added in red ink in this copy? 
Mr. JONES of Arkansas.   In this copy there is nothing to show 
there is an amendment of that kind, but if it is in the conference 
report, of course it is all right. 
Mr. CULLOM.   I will read it.   The original provision as it 
passed the House simply read as follows:
And shall be qualified to rote for representatives. 
The conferees then added the words: 
In the district from which he is elected.
Mr. BACON.   It is in the reprint which we had on yesterday, 
which shows -- 
Mr. CULLOM.   It was left out of it by mistake.   There is no 
possible doubt about it being in the bill to be adopted. 
Mr. SPOONER.   That is all right. 
Mr. CULLOM.   Is that satisfactory to the Senator from Ar- 
kansas? 
Mr. JONES of Arkansas.   Entirely so.   If it is in the official 
copy, it makes no difference whether it is in this copy or not; it will 
be all right. 
Mr. CULLOM.   It is.   I ran over the numbers of the sections 
of the Senate bill wherein no changes are made, being sections 41, 
42, 43, 44, 45, 46, 47, 48. 49, 50, and 51, except the last clause of 
section 51, which was stricken out of the Senate bill, and in lieu 
of it a paragraph was inserted by the House which stated the law 
more clearly, but which, I think, is substantially the same thing. 
Mr. JONES of Arkansas.   Is there not a change in section 47? 
The word "chairman" is stricken out and the words "presiding 
officer" inserted in italics.   I do not know what this print means 
exactly. 
Mr. CULLOM.   That is in the bill.   It is pretty difficult in 
handling so many bills to state the facts offhand.   To what sec- 
tion does the Senator refer now? 
Mr. JONES of Arkansas.   Section 47.   The word "chairman" 
is stricken out and the words "presiding officer" inserted.    It is 
a very small matter. 
Mr. CULLOM.   That is in the bill before the Senate.   I recol- 
lect it very well. 
I wish to say that some of the sections I regarded as of very 
little consequence, and I did not incorporate them in this state- 
ment, because I did not have the time, and it would have required 
a good deal of work to do it so as to have what I state in my re- 
o marks accord exactly with the facts in the bill.    
Mr. SPOONER.   Will the Senator allow me to ask him a 
question?        
Mr. CULLOM.   Certainly. 
Mr. SPOONER.   I see that in section 46 of this reprint, with 
respect to the reading of bills, it is provided-
That a bill, in order to become a law, shall, except as herein provided, pass 
three readings in each house on separate days.
The words "on separate days" are in italics, and of course that 
is an amendment.   Was that agreed to by the conferees? 
Mr. CULLOM.   I would rather read it, so as to be sure.   What 
section is that? 
Mr. SPOONER.   Section 46. 
Mr. CULLOM.   This is the way the bill reads as reported:
That a bill, in order to become a law, shall, except as herein provided, pass 
three readings in each house, on separate days, the final passage of which in 
each house shall be by a majority vote of all the members to which such 
house is entitled, taken by yeas and nays and entered upon its journal.
That is the section as it appears in the conference report.   Is 
that satisfactory? 
In section 52, as will be seen by the Senate, the word "Hawaii" 
was stricken out and the words "Territory of Hawaii" substi- 
tuted, to make it more clear and so that it should be more prop- 
erly stated.   That is the only change from the Senate section.   I 
think I would rather use the conference report for the next item. 
In section 53 there was no change made in the Senate section. 
I now come to section 54, and here is a provision about which I

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