Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-23
On Bill for Government of the Terri
tory of Hawaii.
FULL TEXT OF The DOCUMENT
Changes Made in the Measure as
Originally Proposed.
EARLY ATTENTION ASKED

Representative Knox, chairman of the
House committee on territories, today sub
mitted to the House his report for the ma
jority of the committee on the bill for the
government of the territory of Hawaii.
The following is the text of the report:
The committee on the territories, to whom
was referred the bill Oh. r. 1O99) ITO pro-
vide a government for the territory of Ha-
wall" report back the bill with sundry
amendments, which appear in the body
thereof and as amended, recommend that
the bill do pass.
In considering the provisions necessary
for the government of the newly acquired
Islands of Hawaii the committee had be-
fore them the official report of the Ha-
waiian commission. appointed in pursuance
of the joint resolution of Congress approved
July :, 1898. Said report being Senate Doc.
No. 16, Fifty-ffth Congress. third session.
They were also greatly aided at the various
hearings held by the presence of Mr.. r. r.
Hit, q member of said commission, and
Judge w. f. Frear. also a member and
justice of the supreme court of Hawaii In
the conclusions reached very great weight
was given to the report of the commission.
The language of the resolution providing
for their appointment and describing their
duties is follows:
THE President shall appoint five COM
mlssioners, at least two of whom shall be
residents of thu Hawaiian Islands, who
shall as soon as reasonably practicable
recommend to Congress such legislation
concerning the Hawaiian Islands as they
shall deem necessary or proper.
That the commissioners hereinbefore
provided for shall be appointed by the Pres
ident by and with the advice and consent
Of the Senate"
This provision expresses the deliberate
opinion of Congress that a body of men
who should to the islands observe the
condition and habits of the people, their
qualifications for self-government, their
laws and institutions, would be better quail
flied than another to report a suita BILE form
of government for the future control of the
islands. 1t was, therefore, manifestly prop
er that great consideration should be given
to the results of the labors of this COM
mission, which embodied in the report
before mentioned and the bill which is
herewith reported with amendments. Its
substance is the establishment of a terri
torial government for Hawaii as nearly like
that of the other territories of the United
States as the location of the islands, their
physical condition and the character of
the people will permit.
Executive Power
The executive power is vested in gov
error, appointed by the President, for the
term of four years. His powers are like
these conferred upon the governors of the
territories of the United States by chapter
l, title 3. Revised Statutes of the United
States. The governor of the territory of
Hawaii is charged with the additional duty
and clothed with the additional power of
the President or any minister or the cab
met or the executive council of the republic
of Hawaii where such duties and powers
are not inconsistent with the Constitution
and laws of the United States. He is given
authority to suspend the privilege of the
writ of habeas corpus and to place the ter
ritory under martial law when such course
is required by the public safety. These pro-
visions are necessary in view of the dis
lance of the islands and the nature of eX-
listing means of communication and trans
portation. He also has the power of ap
pOintment and removal of important exec
utive officers in the new territory, including
those of attorney general. treasurer, COM
missioner of public lands. commissioner of
agriculture and forestry, superintendent of
public works, superintendent of public
struction, auditor, surveyor and high sher
if. He also appoints, but cannot remove
the chief justice and justices of the
preme court and the judges of the circuit
courts.
The Legislature.
The Legislative power is vested sin the
legislature of the territory of Hawaii" con-
sisting of two houses, a senate and house
of representatives, holding biennial ses-
sons. The subjects of legislation are care
fully limited in accord with the more
cent acts of Congress relating to territories,
ana the extent TO winch the new territory
or Its subdivisions may incur indebtedness,
while liberal is yet confined within safe
limits. By the amendment proposed by
the committee in line six, page three, all
laws of the territorial Legislature must be
submitted to Congress and may be dsap
proved The provision that the supreme
court of the territory of Hawaii shall de-
eide all cases of contested election to the
legislature is not In harmony with the law
and practice in the United States. This pro-
vision is article forty of the constitution of
the republic of Hawaii. Its practical OPP
GRAFTON has been satisfactory to the peo-
pie of the islands, and they desire its re-
tention. A similar provision prevails in
England and the committee regard it as
wise and salutary. The provision of sec
ton %. requiring a majority of all the
members to which each house is entitled
for the passage of law, is also not in
accord with the law and practice in legls-
lative bodies in the United States. This
provision is section /, article AZ, of the
constitution of the republic of Hawaii. The
small number to which each of the houses
of the Hawaiian legislature Is entitled
makes this provision both wise and neces-
sary.
Amendments Suggested.
In section -, which provides for the pun
ishment of persons not members of the
legislature for certain enumerated offenses,
the committee recommend an amendment
inserting in line =, page 3, after the word
or the words that of any committee
thereof and striking out all of lines 3, a.
), G. I, s, o. TO- IL, II, 13, IA, on said page,
which make punishable Offenses of acts
committed not in the presence of the legis-
lature, and which imp'y the right of arrest
and trial of the person accused by his ac-
cusers with right of challenge of be-
ing confronted with his witnesses. Section
-, as so amended, and sections %, Is 30
seem to contain all the safeguards neces-
sary for the security and orderly conduct
of the business of the two houses and are
as broad the provision of the Constitu-
ton of the United States contained in
ticle l, section .. each house may deter
mine the rules of its proceedings, punish its
members for disorderly behavior and with
the concurrence of two-thirds eXpel a men,
Der" OF course it will be competent for
the legislature of Hawaii to pass necessary
laws to compel the attendance of witnesses
upon its order and protect them from in
reference when obeying its summons.
The amendments of lines 20, p of section
30, which provide for the number and terms
of service of members of the senate, are
rendered necessary by other provisions of
the bill that the first election hereunder
Ill