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 ]

4649
Section 73, line 5, strike out all after the word "provide" to and including 
the word "him," in line 17. 
Section 73, line 17, after the word "that," insert "subject to the approval of 
the President." 
Section 73, line 19, after the word "granted," strike out the words "in good 
faith." 
Section 76, line 6, strike out all to and including the word "be," in line 7, 
and insert in lien thereof "It shall be the duty of the United States Commis- 
sioner of Labor;" also, after the word "reports," in line 8, strike out all to 
and including the word "States." in line 9; also, after the word "Territory." 
in line 10, insert the words "of Hawaii;" also, in line 13, strike out the words 
"the legislature" and insert in lieu thereof the word "Congress;" also, strike 
out all after the word "to," in line 20, and insert in lien thereof the word 
"Congress." 
Section 80, in line 9, after the word "forestry," strike oat the words "com- 
missioner of labor." 
Section 80, line 14, strike out all to the end of the section. 
Section 82, line 2, after the word "and," strike out the words "not less 
than." 
Section 85. line 6, strike out the words "house of representatives" and in- 
sert in lien thereof the word "senate." 
Section 86, line 1, strike out all after the word "that" to and including the 
word "States," in line 4. and insert in lieu thereof the following: "There 
shall be established in said Territory a district court to consist of one judge, 
who shall reside therein and be called the district judge." 
Section 86, line 7, after the words "said district," insert the words "and 
said judge, attorney, and marshal shall hold office for six years unless sooner 
removed by the President." 
Section 86, lines 7 and 8, strike out the words." The district court for the 
said district" and insert in lien thereof the words "said court." 
Section 86, line 10, after the word "court," insert the words "of the United 
States."        
Section 86, line 11, after the word "court," insert the words "and said 
judge, district attorney, and marshal shall have and exercise in the Territory 
of Hawaii all the powers conferred by the laws of the United States upon the 
judges, district attorneys, and marshals of district and circuit courts of the 
United States.   Writs of error and appeals from said district courts shall be 
had and allowed to the circuit court of appeals in the Ninth judicial circuit 
in the same manner as writs of error and appeals are allowed from circuit 
courts to circuit courts of appeals as provided by law, and the laws of the 
United States relating to juries and jury trials shall be applicable to said dis- 
trict court." 
Section 93, line 4, after the word "dollars," strike out the word "and." 
Section 92, line 6, after the word "and " insert the word "the;" after the 
word "justices" insert the words "of the supreme court," and after the word 
"each," in line 7, insert the words "and the judges of the circuit courts, 
$3,000 each." 
Section 92, lines 9 and 10, strike out the words "Territory of Hawaii" and 
insert in lien thereof the words "United States." 
Section 92, line 11, after the word "thousand," insert the words "five hun- 
dred. 
Section 92, line 12, strike oat the word "two" and insert the word "three." 
Section 96, line 9, after the word "in," strike out the word "a" and Insert 
in lien thereof the word "such." 
Section 96, line 10, before the word "provided," insert the words "as may 
be."   
Section 97, line 19, strike out all after the word "States" to the end of the 
section." 
Section 98, line 2, strike out the words "permanent or temporary, on 
August 12," and insert in lien thereof the words "on the 13th day of August." 
Section 98, line 9, after the word "and," strike out all to and including the 
word "act," in line 10. 
Section 98, lines 14 and 15, strike out all of said lines. 
Section 99, line 3, after the word "on," insert the words "the 13th day of;" 
and in the same line, after the word "August," strike out the word "twelfth." 
Section 101, line 12, strike out all after the word "certificates" to and in- 
cluding the word "acts," in line 22. 
Section 104, line 1, after the word "effect," strike out the word "sixty" 
and insert in lien thereof the word "forty-five."   
Section 104, line 3, after the word "section," strike out the word "fifty- 
two" and insert in lieu thereof the word "fifty-three." 
And the House agree to the same. 
8. M. CULLOM, 
C. D. CLARK. 
JOHN T. MORGAN, 
Managers on the part of the Senate. 
W. S. KNOX, 
B. B. HITT, 
JOHN A. MOON, 
Managers on the part of the House.
Mr. CULLOM.   Substantially all of the report has been read 
twice before.   Whether the rule requires that it shall be read in 
full again, I do not know.   I can point out, if it is agreeable to 
the Senate, the exact changes that have been made by the last 
conference report, and it might save some time and some reading, 
if that course is satisfactory. 
The Senate will remember that it was brought out in the dis- 
cussion of the report some days ago that there was a provision 
which required that a person desiring to register and vote, should 
before a certain date, the 31st of March of the year, pay all his 
taxes, which was the provision in the bill as the conferees agreed 
to it. 
During the discussion of that conference report it was found 
that two or three sections of the body of the laws which the com- 
mission and the committee had printed in the laws to be preserved 
contained a provision for imprisonment for the nonpayment of 
taxes or for debt.   Therefore it was that the judgment of the 
Senate, as the Senate will remember, was manifestly against that 
provision and against the provision which required the payment 
of taxes before registration, and so, by the consent of the conferees, 
the report was disagreed to and sent back to the conferees of the 
two Houses. 
The work of the last conference resulted in the striking out from 
the conference report of all the provisions requiring the payment 
of taxes before registration and also inserting a provision in the 
bill to the effect that no person shall be imprisoned for nonpay- 
ment of taxes or for debt          

Those two items are substantially the amendments as made by 
the fast conference report.   I will read them in the bill, so that 
there may be no mistake about them. 
The provision which reads "That no person shall be subject to 
imprisonment for nonpayment of taxes nor for debt" was inserted 
by the conferees in section 10 of the bill referred to in the confer- 
ence report.   Then a provision, on page 26 of the reported bill, 
read as follows:
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.
That paragraph was stricken out entirely, and the other para- 
graphs renumbered.   That provision being stricken out did away 
with the payment of taxes before registration and voting.   Then 
the other provision in reference to imprisonment inserted in sec- 
tion 10 of the bill, that "no person shall be subject to imprison- 
ment for nonpayment of taxes nor for debt," leaves the matter, so 
far as the payment of taxes is concerned, either before registration 
or at any other time, entirely out of the bill. 
Mr. BACON.   Now, I should like to ask the Senator, that hav- 
ing been done, what is the present requirement for the exercise of 
suffrage so as to show, as the bill remains, what is the change 
which has been stated by the Senator? 
Mr. CULLOM.   That provision was in the bill in connection 
with section 60, with reference to voting for representatives.   I 
will read the whole paragraph:                      .
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 a poll tax of $1 for the current 
year, due by him to the government.
That was stricken out; and the conferees inserted in place of it 
the provision that was in the bill as it was passed by the Senate. 
I can not put my eye on the provision inserted in the bill by the 
Senate at the moment, but the whole provision was stricken out 
requiring taxes to be paid before registration. 
Mr. BACON.   Even the poll tax? 
Mr. CULLOM.   Even the poll tax; and then the other provi- 
sion in reference to imprisonment was put in in section 10.
That no person shall be subject to imprisonment for nonpayment of taxes 
nor for debt.
Mr. JONES of Arkansas.   So that, if the conference report is 
adopted, there will be no requirement for the payment of any tax 
whatever as a prerequisite to the right to rote? 
Mr. CULLOM.   None whatever. 
Mr. JONES of Arkansas.   And there is no imprisonment for 
debt or nonpayment of taxes? 
Mr. CULLOM.   Not a word.   The only other provision that 
the last conference committee made to the bill was to change the 
paragraph on page 9 of the conference report of the bill.   I will 
read the paragraph as it stood with the amendment made before 
the last conference.   The provision read:
Provided further. That the provisions of this section shall not apply to mer- 
chant seamen.
The conference committee changed that provision so as to read 
as follows:
Provided further. That the provisions of this section shall not modify or 
change the laws of the United States applicable to merchant seamen.
So as to extend the laws of the United States over those islands. 
Mr. BACON.   Now, as I understand from the statement of the 
Senator, all citizens of the United States and of the republic of 
Hawaii are authorized to exercise the elective franchise, and that 
according to the constitution of Hawaii all bona fide inhabitants - 
Mr. CULLOM.   Were made citizens when the republic was 
established. 
Mr. BACON.   Yes; all who were on the 12th day of August, 
1898 - the day fixed - then citizens of the republic of Hawaii now 
have the right to vote.  
Mr. CULLOM.   That is the provision in the bill. 
The PRESIDENT pro tempore.   Will the Senate agree to the 
report of the conference committee? 
Mr. TILLMAN.   There was a provision in the conference report 
in regard to the limiting of the appointment of the governor, the 
judges, and all Territorial officers to citizens of the Territory of 
Hawaii 
Mr. CULLOM.   The bill remains exactly as it was when it was 
previously before the Senate on the question of citizenship.   The 
bill originally provided that the officers should only be required 
to be residents of Hawaii.   The House amended it so as to make 
all officers appointed by the President to be citizens of the Ter- 
ritory.   The House conferees, I may be allowed to state, said that 
they could not yield that; that if they did, there would probably be

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)  |  library@hawaii.edu