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4459
Then there is a tax on personal property, and then there la this 
provision:
SEC, 814. All male animals of the dog kind shall be subject to an annual 
tax of $1 each, and all female animals of the dog kind shall be subject to an 
annual tax of $3 each, to be paid by the owner thereof.
So if a man has a dog or two dogs, there is an additional tax of 
$4.   Then there is this farther provision:
SEC. 832. If any property taxes shall remain unpaid after the 15th day of 
November in any year, 10 per cent of the amount of such taxes shall be added 
by the assessor to the amount of such taxes at said date, and shall become 
and be collected as part of such taxes. 
SEC. 833. It any personal taxes or dog tax shall remain unpaid after the 31st 
day of March. 10 per cent of such taxes shall be added to the amount of such 
taxes at said date by the assessor, and shall be collected as part of such taxes.
Therefore if those people have failed to pay for two or three 
years, the tax runs up to many dollars.   The probabilities are that 
there is an exceedingly small number of people who will be able 
to vote under this provision.   At the last election in Hawaii I 
understand that there were about 2,200 votes cast.   Under this 
provision I believe the number must certainly sink far below that 
figure.   Yet at the last election held under the monarchy, before 
they established a republic in that country, there were between 
13,000 and 14,000 voters in Hawaii, and that excluded all the 
Asiatics. 
I wish to ask a question of the Senator from Illinois, who is more 
familiar with this subject than I am.   I want to know whether 
this provision has been repealed? 
Mr. CULLOM.   Which provision is that? 
Mr. PETTIGREW.   It is paragraph 864 of the laws of Hawaii. 
Mr. CULLOM.   I would not be able to answer that unless I 
took the time to go through all the sections, paragraphs, chapters 
etc., which have been repealed. 
Mr. PETTIGREW.   I wish to call the attention of the Sen- 
ator -- 
Mr. CULLOM.   But I can answer in a general way that all the 
laws of Hawaii not inconsistent with the Constitution or the laws 
of the United States or with the provisions of this act shall con- 
tinue in force, subject to repeal or amendment by the legislature 
of Hawaii. 
Mr. PETTIGREW.   Now, here is this provision:
SEC. 863. In case of personal taxes due and unpaid on the 1st day of Janu- 
ary In each year, if no personal property can be found whereon to distrain, 
the assessor may cause the arrest and detention of the person of such tax- 
payer by and under a warrant issued and signed by the assessor or his deputy, 
in substance in the form following, viz:          
Territory of Hawaii, island of --- , district of --- : 
To ----- , chief sheriff, or any constable or police officer of the district 
of --, island of --- of --- in the island of --- , having failed and neg- 
lected to pay the sum of --- dollars assessed upon him for personal taxes 
for the year --, now due and unpaid, and no property being found belong- 
ing to the said --- whereon to levy by distress;       
Therefore, by virtue of the authority in me vested by law, I hereby order 
and command you to forthwith arrest and take said --- before -- dis- 
trict magistrate of -- , island of --- , to show cause, if any he has, why 
he, the said --, should not be sentenced by said magistrate to be impris- 
oned at hard labor until he discharge the amount of said tax and costs as by 
law provided. 
Hereof fail not, but of this order, with your proceedings thereon, make due 
return.   Given under my hand this -- day of --, A. D --.
Assessor of  -- Division, Island of --.
SEC. 864. The officer receiving such warrant shall forthwith arrest the per- 
son therein named and take him before the district magistrate named in the 
warrant.   Such magistrate shall, if no legal cause be shown for the nonpay- 
ment of said personal taxes, sentence such person to be imprisoned at hard 
labor until he discharge the amount of such taxes and the costs of arrest and 
hearing at the rate of 50 cents per day. 
Costs shall be the usual costs of district courts. 
The payment at any time of the amount of taxes and costs due shall re- 
lease the person arrested.
I have seen the Republican papers of the North protesting very 
loudly that some of the Southern States had enacted a provision 
like this. 
Mr. TILLMAN.   What is the number of the section that the 
Senator from South Dakota has read? 
Mr. PETTIGREW.   I am reading from the laws of Hawaii, 
page 121, sections 863 and 864.   As I understand it, this provision is 
not repealed.    In other words, we reenact it, and that, along with 
the disfranchisement of these people, it seems to me will leave the 
Republican party where it can no longer complain, no matter 
what conditions are imposed by any State or any locality to dis- 
franchise the inhabitants of any State or locality. 
Mr. CULLOM.   Mr. President. I am not able to get my eye on 
all of the sections that bear upon this question.   Of course at the 
regular election that provision could be enforced.   My belief is, 
however, that at the first election, if an election should be called 
by the governor before the regular session, there would be no re- 
quirement on the part of the governor and no rule by which he 
could be governed as to the registration at all, and he could reg- 
ister everybody if he wanted to do so. 
Mr. PETTIGREW.   It does not say so. 
Mr. CULLOM.   I think there are sections which result in that 
conclusion.   Of course it applies to regular elections; but if it

applies to regular elections, perhaps it will be said it might as well 
apply to all. 
Mr. JONES of Arkansas.   If the Senator's construction of that 
is correct, why do yon put in the words "prior to such registration?" 
Mr. PETTIGREW.   Why did you not agree to the House pro- 
vision?                         
Mr. JONES of Arkansas.   Yes.   It is "prior to such registra- 
tion" that this tax has to be paid.   So when the registration conies 
to be made, the question whether he has paid this tax will be 
raised. 
Mr. CULLOM.   The provision reads "prior to each regular 
election;" not special but regular election. 
Mr. JONES of Arkansas.   I am reading it, which is the best 
that I can do.   It says "prior to such registration." 
Mr. CULLOM.   I understand.   From what section is the Sena- 
tor reading? 
Mr. JONES of Arkansas.   I am reading paragraph 5 of section 
60, the one which contains the language the Senator read a few 
minutes ago. 
Mr. CULLOM.   Let us see how it reads in the bill.   Section 60 
reads as follows: 
SEC. 60. That in order to be qualified to vote for representatives a person 
shall - 
First. Be a male citizen of the United States. 
Second. Have resided in the Territory not less than one year preceding 
and in the representative district in which he offers to register not less than 
three months immediately preceding the time at which he offers to register. 
Third. Have attained the age of 21 years.  
Fourth. Prior to each regular election, during the time prescribed by law 
for registration, have caused his name to be entered on the register of voters 
for representatives for his district. 
Fifth. Prior to such registration have paid, on or before the 31st day of 
March next preceding the date of registration, all taxes due by him to the 
government. 
All that refers to the regular election. 
Mr. JONES of Arkansas.   But the language of the law that you 
propose distinctly says that "prior to such registration" this tax 
must be paid. 
Mr. CULLOM.   Yes. 
Mr. JONES of Arkansas.   The person can not be registered un- 
less the taxes are paid. 
Mr. CULLOM.   That is true. 
Mr. JONES of Arkansas.   Then the purpose of it is to cut him 
out   That is exactly the complaint made by the Senator from 
South Dakota. 
Mr. PETTIGREW.   He can not vote at any election.   
Mr. CULLOM.   That connects with the fourth paragraph, re- 
ferring to the regular election. 
Mr. PETTIGREW.   If the person is not registered, he can not 
vote at any election. 
Mr. CULLOM.   I think he can; but whether he can or not, in 
the first place, the people who I suppose the Senator would think 
were affected most by that paragraph are the native Hawaiians. 
The truth is that they have never had any trouble with the native 
Hawaiians on the question of preparing themselves for voting.  
Mr. TELLER.   Why? 
Mr. CULLOM.   Because they are always ready to pay their tax. 
Mr. JONES of Arkansas.   There will be trouble after this. 
Mr. PETTIGREW.   If the Senator will allow me, it is well 
known to the commission who visited the islands and to every- 
body else that the native Hawaiians did not register and did not 
vote because they protested against the overthrowing of their 
government by these people. 
Mr. CULLOM.   Of course many of them did not vote. 
Mr. PETTIGREW.   They are not registered, and they have not 
voted. 
Mr. CULLOM.   But it was not because they did not pay their 
taxes.   It was because they did not know what was going on and 
did not feel satisfied at first to vote under the republic.   That is 
the meaning of that. 
Mr. JONES of Arkansas.   Does the Senator from Illinois admit 
as correct the fact stated by the Senator from South Carolina 
[Mr. TILLMAN]. as he understands it, that the present poll tax in 
the Hawaiian Islands is $5 per head? 
Mr. CULLOM.   1 do not know what it is. 
Mr. PETTIGREW.   I have just read the law. 
Mr. TILLMAN.   Here is the law of Hawaii, with the section 
providing for a capitation tax. 
Mr. JONES of Arkansas.   If that is the case, aside from every 
other fact presented in connection with this matter in the Senate, 
the Senate ought to reject the conference report for that reason. 
Here is the provision that went to conference: 
Prior to such registration have paid a poll tax of $1 for the current year. 
The Senate conferees agreed to strike that out, and the House 
put in the provision that "on or before the 31st day of March 
next preceding the date of registration all taxes due by him to 
the Government" shall be paid.   To leave that poll tax of $5 per 
head in force against the poor people of that island is a shame, as 
it seems to me, and it ought not to be tolerated.

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