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 ]

to bills of exceptions, etc., and added at the end of the section the 
And until the legislature shall otherwise provide, the laws of Hawaii here- 
tofore in force concerning the several courts and their jurisdiction and pro- 
cedure shall continue in force except as herein otherwise provided.
That section, perhaps, would be better understood if I should 
read it.   There is nothing in section 81, however, except to restore 
the words "circuit courts" in the section.   The Senate, I believe, 
bad only provided that the President should appoint the judges of 
the supreme court.   The House provided that the President should 
appoint both the supreme court and circuit court judges, and in 
conference the Senate conferees consented to the President ap- 
pointing the circuit judges as well as the supreme court judges, 
and the conferees agreed accordingly on the section. 
Mr. JONES of Arkansas.   Is that section 80? 
Mr. CULLOM.   No; section 81. 
Mr. SPOONER.   If the Senator will allow me, does that section 
leave in all cases the decisions of the supreme court of the Terri- 
tory final, without any right of appeal in any case to the Supreme 
Court of the United States? 
Mr. CULLOM.   I think the section did not apply to that. 
Mr. SPOONER.   Yes; it did.   There was a provision in the 
Senate bill for an appeal from the supreme court of Hawaii to the 
circuit court of appeals of the Ninth judicial circuit, and an ap- 
peal on writ of error to the Supreme Court of the United States 
upon any writ of habeas corpus involving a question of personal 
freedom.   Is that all stricken out of the bill? 
Mr. JONES of Arkansas.   From where was the Senator reading? 
Mr. SPOONER.   I was reading from page 43, section 81, of the 
print of April 19. 
Mr. CULLOM.   I think, if the Senate will allow me to go on 
until we get entirely through with the court business. Senators 
will probably be better able to understand what is in and what is 
out of the bill. 
Mr. JONES of Arkansas.   I wanted to ask the Senator a ques- 
tion about something that has been passed; but if the Senator 
prefers to conclude before I ask the question, I shall wait. 
Mr. CULLOM.   I am getting a little tired of standing so long. 
Mr. JONES of Arkansas.   There are some questions that I want 
to ask the Senator, but I will ask them after he gets rested. 
Mr. CULLOM.  In section 81, as I stated, the House inserted a 
provision that-
The laws of Hawaii heretofore in force concerning the several courts and 
their jurisdiction and procedure shall continue in force except as herein 
otherwise provided.
Section 83 is amended so as to require that the judges of the 
supreme court shall be citizens of the Territory of Hawaii; that 
they shall be appointed by the President of the United States and 
confirmed by the Senate, and they may be removed by the Presi- 
Section 83 is amended by the insertion, in line 21, on page 44, of 
the word "male," and also the words "and 21 years of age" are 
inserted; so as to make the provision that no person shall be a 
qualified juror unless he is a male citizen of the United States 
and 21 years of age, etc. 
In line 24 there is an amendment which provides that "no per- 
son shall be convicted in any criminal case except by unanimous 
verdict of the jury." 
Mr. JONES of Arkansas.   Where is that? 
Mr. CULLOM.   In section 83.   That, of course, is making the 
law conform to the laws of the United States. 
Mr. SPOONER.   It will be found in lines 1 and 2, on page 45 
of the last print. 
Mr. CULLOM.   I will say that the laws of the Territory allowed 
a verdict by two-thirds of the jury, I think, instead of unanimously. 
On page 45 of the Senate bill there is an amendment referring to 
grand jurors which was agreed to by the conferees, is now in the 
conference bill, and included in the last part of section 83. 
There is no amendment to section 84 of the Senate bill. 
Referring to the Delegate in Congress, section 85 of the Senate 
bill is amended so as to require that the Delegate shall possess the 
qualifications necessary for membership of the house of repre- 
sentatives of the legislature of Hawaii, and he is also to have a 
seat in the House of Representatives with the right to debate, but 
not to vote, the same as a Delegate from any of the other Territo- 
ries who comes to Congress. 
Section 86 was amended by the House, but the amendment was 
receded from in conference, and the section stands in the confer- 
ence bill as it was passed by the Senate. 
Sections 87, 88, 89, and 90 were not changed. 
Section 91 was amended by the House, and the conferees agreed 
to the amendment, the purport of which is that all moneys in the 
Hawaiian treasury, all the revenues and other property acquired 
by the government of Hawaii since the cession, shall be and remain 
the property of the Territory of Hawaii. 
Section 92 provides for the salaries of certain officers appointed

by the President, namely, the governor. $5,000, and so on, giving 
the salaries of the respective officers provided for in the bill. 
As to the chief justice, I have forgotten whether the Senate bill 
provided for a salary of $5,500 or $5,000, but I think it was only 
$5,000.   That is increased to $5,500.   The salary of the associate 
justices is $5,000 each and that of the secretary of the Territory 
Section 92, providing for the payment of salaries to the gov- 
ernor, the secretary, the chief justice, and the associate justices, is 
amended as I have stated. 
The House provided for the salaries of the circuit judges to be 
paid by the Territory of Hawaii, but as we finally agreed that 
those judges should be appointed by the President, the conferees 
report the bill providing that they shall be paid their salaries by 
the Government of the United States. 
Mr. JONES of Arkansas.   They are Territorial judges? 
Mr. BATE.   Territorial circuit judges. 
Mr. JONES of Arkansas.   Is that the practice in the Territories 
of the United States? 
Mr. CULLOM.   I think we pay all the officers in our Territories 
where we provide for their appointment by the President.   In such 
cases I think they are paid from the United States Treasury. 
Mr. JONES of Arkansas.   These are simply temporary appoint- 
ments until such time as the local government there shall be able 
to administer affairs in its own way. is it not? 
Mr. CULLOM.   No, sir; the President is to continue to appoint 
the judges. 
Mr. JONES of Arkansas.   The President is to continue to ap- 
point all of them? 
Mr. CULLOM.   Yes, sir. 
Mr. T1LLMAN.   If the Senator will permit me, I understand 
we are compelled, under the conference report, if adopted, and if 
the bill becomes a law, to select all of these officers from citizens 
of Hawaii, and we are given the great privilege of paying them 
their salaries out of our own Treasury.   Why does not Hawaii 
support her own government? 
Mr. CULLOM.   That is what the commission started in to re- 
quire them to do; but under the direction in part of Congress, as 
it has been manifested here, the judges are all to be appointed by 
the President; and if they are appointed by the President, 1 think 
their salaries ought to be paid out of the Treasury of the United 
States, as is the case with all of our other Territories. 
Mr. T1LLMAN.   Why not let the President select them, just 
as he does for all other Territories - wherever he can find the best 
Mr. CULLOM.   That is a question I do not care to discuss any 
further now. 
The section as reported by the conference also provides for the 
salary of the United States district judge at $5.000; the United 
States marshal, two thousand five hundred; United States district 
attorney, three thousand.   And the governor shall receive annu- 
ally, in addition to bis salary, the sum of $500 for stationery, post- 
age, and incidentals, and also his traveling expenses while absent 
from the capitol on official business, and the sum of $2,000 annu- 
ally for his private secretary. 
Section 93 of the Senate bill was not amended. 
Section 94 refers to the Commissioner of Fish and Fisheries, re- 
quiring a report, etc., the House striking out the last four lines, 
beginning after the word "fit," on page 51, line 18, of the Senate 
bill, being an appropriation of $5,000 for the purpose of examining 
into the subject of fisheries surrounding that Territory. 
Section 95 remains in the bill reported by the conferees as it 
passed the Senate.  
Section 96 was amended by the House striking out "shall" and 
inserting "may," and inserting "such" between "in" and "man- 
ner," and inserting after the word "manner" the words "as may 
be."   The intention was to make it read more smoothly, as the con- 
ferees thought. 
Mr. JONES of Arkansas.   What section is that? 
Mr. CULLOM.   Section 96. 
Mr. JONES of Arkansas.   Some of these prints have no section 
96 in them. 
Mr. CULLOM.   You have got hold of the wrong bill, I reckon. 
Mr. JONES of Arkansas.   I have both. 
Mr. CULLOM.   It will now read as follows:
That If such fishing right be established, the attorney-general of the Terri- 
tory of Hawaii may proceed, in such manner as may be provided by law, etc.
Section 97 was amended by striking out all the latter portion of 
the section, requiring the United States to pay in part all the ex- 
penses of the leper settlement on the island of Molokai and the 
leper hospital at Kalihi, and the homes at which the children of 
lepers are received, etc. 
The people of the Territory, so far as I could learn, prefer to 
pay the expenses of those settlements, and I thought it better to 
allow them to do so, and so did the conferees and the commission. 
Section 98 was amended by the House striking out "on the 12th 
day of August" and inserting "permanent or temporary, on

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)  |