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Hawaii Organic Act: Congressional debates on Hawaii Organic Act

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April 6, 1900
House
v. 33  (4)
p.  3851-3864
GOVERNMENT FOR HAWAII.
Mr. KNOX. Mr. Speaker, I move that the House now resolve 
itself into Committee of the Whole House on the state of the Union 
for the further consideration of Senate bill 222, to provide a gov-
ernment for the Territory of Hawaii.
The motion was agreed to; and accordingly the House resolved 
itself into Committee of the Whole House on the state of the Union, 
with Mr. MOODY of Massachusetts in the chair, for the further 
consideration of the bill S. 222.
The CHAIRMAN. The House is now in Committee of the 
Whole on the state of the Union for the further consideration of 
Senate bill 222.
Mr. McRAE. Mr. Chairman, I move to strike out of section 80, 
lines 13, 14, and 15. beginning with the word "except," in line 13, 
and ending with the word "only," in line 15.
Mr. SHAFROTH.   That section has been stricken out.
The CHAIRMAN. The effect of the proposed amendment by tie 
gentleman from Arkansas could not be heard at the desk.
Mr. McRAE. It is to strike out, in lines 13, 14, and 15, on page 
85, of section 80, beginning with the word "except;" in line 13, 
and ending with the word "only," in line 15.
Mr. ROBINSON of Indiana.   That section has been defeated.
The CHAIRMAN. The Chair is informed that that section has 
been stricken out of the bill by an amendment heretofore 
adopted.
Mr. McRAE.   The whole section?
Mr. SHAFROTH. All except the last paragraph, and in lieu 
thereof the Senate section has been adopted.
Mr. KNOX.   That was done last night.
Mr. McRAE. Did the amendment of the gentleman from Col-
orado cover all of the section?
Mr. SHAFROTH. It took in all of section 80 down to the 
eighth line of page 86, and in lien thereof it inserted the Senate 
section.
Mr. McRAE. Then, Mr. Chairman, I withdraw my amend-
ment.
Mr. MONDELL.   Mr. Chairman, I have an amendment to offer.
The CHAIRMAN.   The Clerk will report.
The Clerk read as follows:
Insert, before the word "all" in the eighth line of page 86, the following: 
"All officers appointed under the provisions of this section shall be citizens 
of the Territory of Hawaii"
Mr. MONDELL. Mr. Chairman, the proposed amendment follows 
the amendment made last evening on motion of the gentleman 
from Colorado for the appointment of certain officers, and 
provides in effect that the judges of the supreme court, the circuit 
courts, the attorney-general, the treasurer, the commissioner of 
public lands, the superintendent of agriculture, the superintendent 
of public works, the superintendent of public construction, 
auditor, deputy auditor, surveyor, high sheriff, members of the 
board of health, commissioner of public instruction, board of 
prison inspectors, board of registration, inspectors of election, and 
other boards shall be citizens of the Territory of Hawaii.   Mr. 
ROBINSON of Indiana. Does it provide that the circuit-court 
judges shall be citizens of Hawaii?
Mr. MONDELL. It does. It provides that all the officers mentioned 
in the amendment adopted yesterday afternoon shall be citizens of 
the Territory of Hawaii.
Mr. KNOX. Mr. Chairman, I will state that the committee has no 
objection to that amendment.
The CHAIRMAN. The question is on agreeing to the amendment 
offered by the gentleman from Wyoming [Mr. MONDELL].
The amendment was agreed to.


The Clerk, proceeding with the reading of the bill, read as follows:
All persons holding office in the Hawaiian Islands at the time this act takes 
effect shall, except as herein otherwise provided, continue to hold their re-
spective offices until such offices become vacant, but not beyond the end of 
the first session of the senate of the Territory of Hawaii unless reappointed 
as herein provided.
Mr. ROBINSON of Indiana. Mr. Chairman, I have an amend-
ment which I wish to offer.
The CHAIRMAN.   The Clerk will report the amendment. 
The Clerk read as follows:
Amend by striking out lines 8, 9, 10, 11,12, and 13, on page 86, and insert: "All 
persons holding office in the Hawaiian Islands at the time that this act takes 
effect shall continue to hold their respective offices until their successors are 
appointed and qualified, but not beyond the end of the first session of the 
senate of the Territory of Hawaii unless reappointed as hereinafter 
provided."
Mr. ROBINSON of Indiana. The only purpose of the amend-
ment is to provide that the officers shall hold until the expiration 
of the first term of the senate, and, as I think, is in better lan-
guage and less open to misinterpretation than the language of the 
bill.
Mr. KNOX. I think that is already covered by the language of the 
bill.
Mr. ROBINSON of Indiana. But the chairman of the committee 
will see that the language used in the section might be open to 
some misinterpretation, and it is only to prevent that that this 
amendment is proposed. It has been submitted to the members of 
the committee on the other side and is satisfactory to them.
The amendment was agreed to.
Mr. NEWLANDS. I offer the amendment which I send to the 
desk.
The Clerk read as follows:
Amend section 80 by adding:
"It shall be the duty of the surveyor to report annually to the Department of 
Labor and to the governor of Hawaii and legislature, the area In acres of all 
holdings not less than 100 acres in extent, whether by grant, lease, or 
otherwise, of agricultural land in Hawaii; by whom owned or held, the character 
of the cultivation, the number of laborers employed on each holding, the 
nationality of the laborers, the daily, weekly or monthly wages paid, and 
such other information as the Department of Labor may prescribe. And it 
shall be his duty to call on all such holders of agricultural lands for, such 
written statements as may be prescribed by the Department of Labor. Any 
failure to make such a statement by any person or corporation shall subject 
such person or corporation to a penalty of $100 for each and every refusal; to 
be collected and enforced by the government of the Territory of Hawaii in 
the courts of Hawaii."
Mr. NEWLANDS. Mr. Chairman, the purpose of this amend-
ment is to obtain statistical information relating to the agricul-
tural lands in Hawaii and the labor employed upon those lands. 
The population of those islands consists of 60,000 Asiatics, 40,000 
Kanakas, 15,000 Portuguese, and about 8,000 other whites. We 
can readily understand that if the entire legislation of those is-
lands drifts into the hands of the landed class, we shall have there a 
republic in name only.
I take it, the purpose and aim of our legislation is to increase 
the immigration of free white persons to those islands; and our 
duty is to obtain such statistical information upon this subject as 
will enable us to legislate upon it intelligently hereafter. At pres 
ent the labor there is mainly the labor of Asiatics. There is no 
reason why white labor should not be employed in those islands. 
The Portuguese and the Italians are excellent laborers in a climate 
of that kind.
We have had a large experience with both these classes of laborers 
upon the Pacific coast, and we have found them exceedingly efficient. 
Most of these people who come to this country are poorly educated, 
but their children under our free-school system acquire an education 
and become intelligent citizens, exercising the duties of citizenship 
consistently with the spirit of oar institutions. Now, it seems to 
me that if we can encourage that kind of immigration and 
discourage Asiatic immigration, we shall march a long ways in 
the line of making the Hawaiian government a republic in spirit 
and essence as well as in form.
Of course we do not want to interfere with vested rights there. 
Nor do we wish to interfere ignorantly with the conduct of business 
there. But the purpose of this amendment is to secure this sta-
tistical information which will enable the legislature of Hawaii to 
act, and if it does not act wisely, will enable Congress itself to act 
on this subject.
    Mr. WHEELER of Kentucky. Allow me to say to my friend 
from Nevada that if I correctly caught the reading of this amend-
ment, I do not think that under it the government of Hawaii 
would be enabled to collect the penalty prescribed. Unless we 
shall more definitely define the violation of law and prescribe the 
mode of collecting the penalty, I think the surveyor might ignore 
this provision and there could be no recourse to the courts.
Mr. NEWLANDS. The amendment provides that the Depart-
ment of Labor shall prescribe the form of statement required 
from those holding agricultural lands; and it is made the duty of 
the surveyor to exact such a statement; and any failure or refusal 
on the part of a holder of agricultural lands to make such a

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