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Hawaii Organic Act: Congressional debates on Hawaii Organic Act

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4462
Mr. CULLOM.   The last paragraph I read was in reference to 
the registration of voters, which we have been discussing. 
Mr. JONES of Arkansas.   The fifth paragraph 
Mr. CULLOM.   Yes; the fifth paragraph?   Now I come to sec- 
tion 01. 
Mr. JONES of Arkansas.   I thought the Senator said the sixth 
paragraph of section 60 was stricken out.   This bill does not show 
that. 
Mr. CULLOM.    I did.   That refers to some other section, I 
think. 
Mr. PETTIGREW.   A portion of it is stricken out, probably. 
The gist of it remains. 
Mr. CULLOM.   Yes; I was referring to the sixth paragraph of 
section 60, which reads:
Sixth. Be able to speak, read, and write the English and the Hawaiian lan- 
guage.
Mr. PETTIGREW.   Did the Senator say that was stricken out? 
Mr. CULLOM.   No. 
Mr. SPOONER.   The proviso is stricken out. 
Mr. CULLOM.   The proviso is stricken out, and that reads as 
follows:
Provided, however, That the legislature of the Territory of Hawaii may. 
at any time after January 1, 1903, submit to the lawfully qualified voters of 
such Territory such changes and modifications in the qualifications for elect- 
ors as they shall see fit; and the same being adopted by a majority vote, 
taken in the mode prescribed by the legislature, shall be valid and binding as
That was stricken out, as it was not deemed necessary. 
Mr. SPOONER.   They have the power without it. 
Mr. CULLOM.   They have the power without it. 
There was no change in section 61.   Section 62 was amended so 
as to read:
SEC. 62. That in order to be qualified to vote for senators and for voting 
in all other elections in the Territory of Hawaii a person must possess all the 
qualifications and be subject to all the conditions required by this act of 
Voters for representatives.
That was agreed to. 
Section 63 provides:
SEC. 63. That no person shall be allowed to vote who is in the Territory by 
reason of being in the Army or Navy or by reason of being attached to troops 
in the service of the United States.
In section 64 there is a slight change from the Senate bill. 
Mr. PETTIGREW.   I think the Senator has skipped the pro- 
vision in section 63, for instance, with regard to the board of regis- 
tration.   The bill as the Senate passed it. I think, provided -- 
Mr. CULLOM.   The provision was stricken out which required 
them to be of different parties. 
Mr. PETTIGREW.   Yes: and the House passed this provision: 
"No more than two of whom shall be of the same political party." 
Why was that stricken out by the conferees? 
Mr. CULLOM.   That was stricken oat by the conferees on the 
theory that there were no parties in Hawaii. 
Mr. JONES of Arkansas.   In what section is that? 
Mr. CULLOM.   In lines 17 and 18, on page 29 of the bill. "no 
more than two of whom shall be of the same political party." 
There was some discussion on that subject, which did not amount 
to much, but the suggestion was made that there were no parties 
in Hawaii; we did not want to suggest any, and did not thank it 
was necessary to insert such a provision in the bill. 
There is no change in section 65, and there is no change in sec- 
tion 66 except that the House adopted an amendment that the 
governor shall be a citizen of the Territory, and so on, which was 
agreed to by the conferees. 
In section 67 a provision was added, and agreed to by the con- 
ferees, that martial law or the suspension of the writ of habeas 
corpus should not continue longer than until communication could 
be had with the President and his decision thereon made known. 
That was added to the bill. 
There is no change made in section 68. 
Mr. PETTIGREW.   Unless the Senator objects to being inter- 
rupted, I should like to ask why an exception was made in the 
case of Hawaii, which requires that the governor shall be a resi- 
dent of that Territory? 
Mr. CULLOM.   Be a citizen of Hawaii. 
Mr. PETTIGREW.   Be a citizen, yes.   None of the other Ter- 
ritories of the United States have any such provision.   A man 
may be selected from anywhere to be governor of Arizona or New 
Mexico or Alaska or Porto Rico, for that matter.   Why should an 
exception be made in Hawaii? 
Mr. CULLOM.   Mr. President, I think the Senator himself has 
been a stickler for what is called home rule in Territorial appoint- 
ments; but not in that regard.   The people of Hawaii, however, 
are in a large degree a different class of people from those in the 
United States; they are of mixed races and from different coon- 
tries.   It was the opinion of all the conferees, I may say, except 
myself, that die provision requiring the appointee to be a citizen 
of the Territory ought to be retained to the bill. 
Mr. PETTIGREW.   Was that because of their incompetence?

Mr. CULLOM.   No. sir; it was because of their competence; 
and I desire to say, so far as that remark goes, that there are just 
as able lawyers in Hawaii, just as good merchants and business 
men, as you can find in any State of the Union at the present 
time. 
Mr. PETTIGREW.   But that is true also of Porto Rico; it was 
true of the Territory of Dakota: it is true of Arizona and New 
Mexico to-day, and it is true of Alaska, and yet there has never 
been any such provision as that. 
Mr. CULLOM.   I understand that. 
Mr. PETTIGREW.   In all oar Territories the governor can be 
appointed from any part of the United States.   Therefore the 
reason the Senator has given for this exception certainly can not 
be good. 
Mr. CULLOM.   But that does not furnish any reason why it 
should not be made, and therefore the conferees agreed to it. 
Mr. TILLMAN.   That is right, and the action in Porto Rico 
was wrong.                                                                  
Mr. CULLOM.   I am not running Porto Rico now. 
As to section 73, with reference to public lands, the House 
amendment, on page 35, was stricken out and the Senate provi- 
sion reinstated with a slight amendment, which 1 think makes it 
more definite as to the dates between which land transactions 
were carried on, which were afterwards suspended by the Presi- 
dent.   The Senate knows the history of that matter, and it is not 
necessary for me to take up time in discussing it.   We put the 
provision back substantially, if not exactly, as it was passed by 
the Senate. 
Mr. JONES of Arkansas.    That is the proviso in section 73 
which you put back - "That all sales, grants, leases," etc. 
Mr. CULLOM.   Yes; and ratifying the sale subject to the ap- 
proval of the President.   That is the substance of the provision. 
In section 74 there was no change. 
Section 75 of the bill relating to the appropriation of $15.000 
was stricken out, and that was agreed to by the conferees.   The 
Senate section of the bill in relation to the superintendent of 
public works was not changed. 
In section 76 there was no change as to the provision relating 
to public instruction alone; but there was an amendment which 
the House passed providing for a commissioner of labor.   The 
conferees rejected a part of that amendment and provided that 
the Commissioner of Labor of the United States should do all the 
work that was proposed by the provision as put in by the House. 
I think myself that was very wise action on the part of the con- 
ferees, because there is no man who can do such work better than 
can Mr. Wright, who has charge of all these matters. 
Mr. JONES of Arkansas.   The print of the bill is confusing.   I 
can not understand everything in it; but I understand from the 
two prints together that a provision in the print of the 19th which 
was stricken oat, marked section 76, went out of the bill in con- 
ference. 
Mr. CULLOM.   The $15,000 provision? 
Mr. JONES of Arkansas.   Yes. 
Mr. CULLOM.   All of that section goes out. 
As I have stated, in section 76, relating to public instruction, 
there was no change from the section in the way it passed the 
Senate; but the House added to it a paragraph providing for a 
commissioner of labor to be appointed, who should report to the 
legislature, etc.   The Senate conferees thought that was an un- 
necessary expenditure, and re-formed the section so that the work 
could be carried out by the Commissioner of Labor of the United 
States. 
No changes are made in sections 77, 78, and 79. 
In section 80 there were no changes except to strike out the 
words "commissioner of labor" where they were put in by the 
House.   Section 80 was also amended by the House, and that was 
agreed to by the conferees, so as to provide that all officers ap- 
pointed under the provisions of that section should be citizens of 
the Territory, and further, that all persons holding office, except 
as otherwise provided, should. continue to hold their offices re- 
spectively until their successors should be appointed and qualified, 
but not beyond the first session of the senate of the Territory. 
Mr. PLATT of Connecticut   What section is that? 
Mr. CULLOM.   Section 80, at the end of the section.   The pro- 
vision placed in the bill by the House, providing that it should be 
the duty of the surveyor to report annually to the Department of 
Labor, was deemed by the conferees as unnecessary, and that pro- 
vision was stricken out. 
Mr. PLATT of Connecticut   I do not suppose it will make any 
difference in the acceptance of this report, but I think it is a very 
great mistake to provide that all the officers to be appointed in 
that Territory, or the officers provided for in this section, shall be 
citizens of the Territory.   I think we ought to reserve that power 
in the hands of the President.   I do not think we ought to limit 
him in his exercise of the appointing power.   It may work well, 
and it may work badly.   There may a condition of things arise in 
that Territory where it will be almost imperatively necessary, to

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