Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-23

less prohibitive and that now proposed is
the most liberal, and the commissioners in
their report look for its final extinction but
regard the present time as not favorable to
the experiment. 1t insures, as far as pos
sible, conservative body in the legislative
body of Hawaii a an important period of
its history. 1t permits a large number of
native HaWaiians to vote for members of
the upper house and the objections to this
provision are largely met by the removal of
all property qualifications for members hip
of the lower house or for electors of mem
bers of that body. Thus a large popular
house is created all classes are represented
and each house will be a check upon the
other. The reasons for this provision are
fully stated on pages 149 and $50 of the re-
port of the commission, to which the mem
bers of the House are respectfully referred.
Must Know the English Language.
The requirement that voters for members
of each house shall be able to speak read
and write the English or Hawaiian Ian
guage is contained in the constitution of
the republic of Hawaii, and should be pre-
served if a representative government is to
be established. 1t meets with no OPPOSE
ton from the people of Hawaii and nearly
all the natives possess this qualification.
The citizens of Hawaii who will choose the
first Legislature under this bill will be those
who We're citizens on the 18th day of Au-
gust, 1898, when the sovereignty of the
islands was transferred to the United States
and practically those who We're citizens
when the constitution of the republic of
Hawaii was adopted July 8 1891 but few
II any. having been naturalized since the
latter date. OF this body of citizenship the
native Hawaiians will constitute a large
majority.
They are a peaceful. Intelligent and law
abiding people, nearly all possessing some
education and willing to adopt the highest
standard of representative government
han 'Ipa loci lot; ,.E
the republic of Hawaii will compare ia
Vorably with that of the most enlightened
peoples. Its constitution and laws are well
adapted to the government of free and
intelligent people. With the veto power in
the governor, who is appointed by the Pres
ident, and the jurisdiction of Congress over
all matters relating to the islands, no APP
prehenSion need be felt in committing the
government to a governor and territorial
legislature.
The Judicial System.
In establishing a judicial system for the
territory of Hawaii the changes provided by
the bill in that now existing are few in
number but radical in nature First all
federal jurisdiction is taken from the local
courts and transferred to a district court
possessing the jurisdiction of circuit courts
OF the United States. The reasons for this
transfer of jurisdiction are that as far as
practicable litigation of local nature may
terminate in the islands. The rapidly grow
ing commerce and the probability that Ha-
wall VIII be the resort in large degree of
the Pacific shipping of all nations and the
advantage of possessing so favorable a To-
cation Tor prize court in case of war are
additional and weighty reasons for the
transfer.
Another change provided by the bill is
me aboltlon of race distinction in juries.
IhiS change is so clearly in accord with
Iile spirit OF American institutions that it
needs no argument to sustain it. An Incl
dental but important benefit of the change
VIII be the more universal understanding
and use of the English language in Ha-
wan; Inc other important change by the
Dlil Is not change in the existing laws of
Hawaii. but in the laws and practice of
the United States in the government of its
territories. BY the bill the judges of the
supreme court are to be appointed for life
by the governor of the territory. This is q
most nigh and important prerogative but ii
Is to be considered that the governor must
be a resident of Hawaii; that he will have
better knowledge than a stranger of tn,
bar of the islands, from which the appoint
ment OF judges undoubtedly will and ought
TO be made: that the life tenure for Judges
OF the highest court has prevailed in Ha-
wan for more than half a century to the
satisfaction and approval of the people and
they now universally desire it's retention
ana tnat this court so constituted has
proved In the past incorruptible and fear
less in the administration of justice On ac-
count OF the popular desire and as justified
by long experience and in the interest of
an independent judiciary. removed far as
possible from the influences of sudden po-
litical changes, the committee recommend
the adoption of this provision.
The circuit courts and district courts of
Hawaii are so like the state courts in the
United States in the character and extent
OF thetr jurisdiction ard method of proceed
ure that their fitness must be apparent.
A Delegate in Congress.
The Bill provides for a delegate to the