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Hawaii Organic Act: Congressional debates on Hawaii Organic Act

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Mr. ALLEN.   Possibly I may make myself more perfectly un- 
derstood by the Senator from Alabama if I call attention to this 
fact: An executive interpretation of a statute may be correct or 
it may be incorrect.   I think I am safe in saying it is as frequently 
incorrect as it is correct.   That executive interpretation becomes 
a regulation or is itself a regulation, and finds its existence in the 
promulgation of an order or a system or a custom of doing busi- 
ness in the executive department.   It may have as its basis a stat- 
ute.   The statute may be repealed according to this bill, and yet 
the custom or the regulation itself be maintained by the bill. 
Where the statute would disappear by positive repeal, the regula- 
tion and all the evil consequences flowing from it and from its en- 
forcement would be maintained by the bill.   So nothing is to be 
gained from the argument of the Senator from Alabama, so far 
as I can see. 
I again say that I should like time to investigate this bill.   I re- 
gret to say I have necessarily been absent at my home for ten 
days and only returned last evening.   I want to vote upon the 
bill, and I want to vote my convictions on it.   I can not do that 
until I read it and study it at least a few hours.   I should like to 
appeal to the Senator from Illinois to let the bill pass over until 
to-morrow.   It may be my desire in the morning, after I have 
read the bill over carefully, to suggest some amendments to avoid 
the difficulties which now present themselves to my mind, and I 
should like that privilege. 
Mr. CULLOM.   I can not, of course, resist the appeal of the 
Senator from Nebraska. 
Mr. COCKRELL.   I hope the Senator will obtain an order for 
a reprint of the bill as it has been amended, so that we may see 
how it now. stands. 
Mr. CULLOM.   I was going to make that suggestion, in view of 
the bill going over again, and of the various amendments made 
since it was last printed, that the bill be now again printed with 
the amendments which have been adopted. 
The PRESIDENT pro tempore.   There is an amendment now 
pending at the Secretary's desk. 
Mr. CULLOM.   That may go over. 
Mr. CARTER.   I suggest to the Senator that probably other 
amendments are prepared to be presented to-morrow, and if so, 
that such amendments likewise be printed. 
Mr. CULLOM.   I have been hoping that all the amendments 
which were likely to be offered to the bill might be those which 
have been presented; but if any Senator has an amendment which 
he desires to offer to the pending bill, I hope he will offer it this 
evening before we adjourn, so that it may be printed and the 
attention of Senators called to it. 
Mr. ALLEN.   I will say to the Senator, with his permission, 
that if I offer any amendment it will be more likely to be in the 
nature of some eliminations from the bill than additions to it. 
Mr. TELLER.   I should like to say to the Senator having the 
bill in charge that when it is taken up to-morrow I shall feel it 
my duty to try to eliminate from this bill the court called the 
circuit court of the United States, and to confer upon the courts 
in the Territory of Hawaii the jurisdiction of the circuit and dis- 
trict courts of the United States, as has been done in the Territo- 
ries and is now in existence in Oklahoma, Arizona, and New 
Mr. COCKRELL.   That is, make the judicial system of Ha- 
waii correspond to the judicial system in our Territories? 
Mr. TELLER.   That is what I want to do.   If the judges in 
Hawaii are to be appointed by the President of the United States, 
I see no reason why that should not be done: and I want to do it, 
because it is very evident that we are providing a judiciary very 
much beyond the needs and wants of those people.   We had a 
smaller judiciary in Colorado when we had 400,000 people, and 
then we had a great deal more business than they will ever have 
in Hawaii. 
Mr. ALLEN.   We give Hawaii eight judges under this bill. 
Mr. TELLER. And when Colorado was a Territory we had 
but three.  
Mr. CULLOM.   If the Senator has his amendments prepared, 
I hope he will offer them now. 
Mr. TELLER.   I can not offer them to-night.   I simply give 
notice.   I want the Senator to understand it is my intention to 
offer them to-morrow. 
The PRESIDENT pro tempore.   The Senator from Illinois asks 
that the bill may be reprinted as amended. 
Mr. CLARK of Wyoming.   I understand the Senator from Illi- 
nois requests that all amendments which are to be presented may 
be presented this evening, so that they may be printed.   I have 
one amendment that I wish to offer, but which 1 do not wish to 
discuss until to-morrow. 
The PRESIDENT pro tempore.   The proposed amendment will 
be printed and lie on the table.   Is there objection to the request 
of the Senator from Illinois [Mr. CULLOM]?   The Chair hears 
none; and it is so ordered. 
Mr. CULLOM.   I hope the bill will be printed with the amend-

ments and be on the table by 12 o'clock to-morrow, so that wo can 
then proceed with it without delay. 
It is suggested to me by the Senator from South Dakota [Mr. 
PETTIGREW] that I ask unanimous consent that we vote finally 
on the bill and amendments some time to-morrow.   I hope there 
will be an understanding that we can dispose of the bill to-mor- 
Mr. CARTER (to Mr. CULLOM).   Ask unanimous consent. 
Mr. CULLOM.   I ask unanimous consent that that may be done. 
The PRESIDENT pro tempore.   The Senator from Illinois asks 
unanimous consent that the pending amendments and the bill may 
be voted on finally to-morrow?   Is there objection? 
Mr. COCKRELL.   What is that? 
The PRESIDENT pro tempore.   That the amendments to the 
pending bill and the bill itself shall be voted on to-morrow. 
Mr. NELSON.   1 wish the Senator would include any other 
amendments that may be offered to-morrow. 
The PRESIDENT pro tempore.   That will include all amend- 
ments up to the final vote, under the ruling of the Chair.   Is there 
Mr. ALLEN.   I hope the bill and amendments will be printed 
in ample time so that they can be examined. 
Mr. CULLOM.   I have made that request. 
Mr. ALLEN.   With that understanding, I have no objection 
to the vote being taken to-morrow. 
Mr. CARTER.   Before adjournment. 
The PRESIDENT pro tempore.   Without objection, it is so 
Mr. ALLISON.   I suggest that some hour be fixed when the 
vote shall be taken. 
Mr. CULLOM.   I should be glad to have that done; but I ap- 
prehend there will be objection to it. 
Mr. CARTER.   Let the vote be taken before adjournment to- 
Mr. FORAKER.   Four o'clock is a pretty late hour.   I do not 
see why we could not agree to vote by that time.   That, I think, 
would satisfy everybody. 
Mr. ALLISON.   We would then know at what hour we would 
be likely to adjourn. 
Mr. ALLEN.   I do not see how that can be done. 
Mr. ALLISON.   I withdraw the motion. 
Mr. CULLOM.   Has the order to print the bill with the amend- 
ments been made? 
The PRESIDENT pro tempore.   That order has been made.
Mr. ALLISON.   I move that the Senate proceed to the consid- 
eration of executive business. 
The motion was agreed to; and the Senate proceeded to the con- 
sideration of executive business.   After five minutes spent in ex- 
ecutive session the doors were reopened, and (at 5 o'clock and 25 
minutes p. m.) the Senate adjourned until to-morrow, Wednesday, 
February 28, 1900, at 12 o'clock meridian.
Executive nominations received by the Senate February 27, 1900.
Henry B. Miller, of Oregon, to be consul of the United States at 
Chungking, China, vice George F. Smithers, recalled.
Daniel W. Blake, a citizen of Mississippi, to be a second lieu- 
tenant in the United States Marine Corps, from the 20th day of 
February, 1900, to fill a vacancy existing in that corps.
Daniel Van Voorhis, of Ohio, to be second lieutenant of cavalry, 
to rank from February 1, 1900.
Executive nomination withdrawn February 27, 1900. 
Daniel Van Voorhis, of Ohio, to be second lieutenant of infan- 
try, to rank from February 1, 1900 (submitted to the Senate Feb- 
ruary 26, 1900).
Executive nominations confirmed by the Senate February 27, 1900.
Francis H. Parker, of Connecticut, to be attorney of the United 
States for the district of Connecticut.
To be second lieutenants in the United States Marine Corps, from 
the 17th day of February, 1900. 
Yandell Foote, of California. 
C. T. Wescott, jr., of Maryland.

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