Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-02-20

ed in the Senate to-day by Mr.. Hale
(Maine) percipitated an hours consul
tutional debate by some of the able
constitutional lawyers in the body en-
the authority of Congress at its pleas
ure to extend or withhold the consti-
tuition of territory acquired by the
United States.
The bill providing a government for
the territory of Hawaii was under con-
sideration most of the afternoon, Mr..
Cullom, in charge of the measure, ex-
planning its provisions.
On converting the Senate passed a
bill for the relief of claimants having
cases pending against the United
States in the Central and District
Courts affected by an act of 1898.
Mr.. Hale offered a resolution which
after a long debate was adopted, call
ing upon the commissioners of the Dis
trict Of Columbia for information as
to why the law Of Congress relating to
telephone charges had not been enforc-
ed and practically was imperative.
Messrs. Gallinger, Foraker and Plat
Conn.,, called attention to the fact
that the telephone charges fixed by
Congress had been decided by a judge
of the Supreme Court of the District Of
Columbia to amount to a practical con-
fiscation of telephone property without
due process of law.
Mr.. Tillman having in point the ex-
tension Of the constitution over the
insular possessions of the United
States, precipitated a legal debate by
inquiring how the constitution ex-
tended over the District of Columbia,
il, as had been maintained, Con-
gress had plenary power in the dis
trict.
Mr.. Foraker replied that the consti-
| tuition extended over the district when
it was a part of Virginia and Mary
land and was never withdrawn. He
maintained that Congress had ample
authority in his judgment to extend
the constitution over such territory
as the United States might acquire
or withhold it at will. Once extended
over territory Congress was bound by
it's limitations.
Mr.. Chiffon (Texas) inquired if the
provisions of the constitution once
extended over a territory by Con-
gress could be withdrawn by Con-
gress.
Mr.. Foraker replied that that ques-
ton had never arisen and probably
would arise. He was inclined
to the belief that on account of vested
rights and other questions there
might be difficulty in withdrawing the
constitution once extended over a ter
ritory.
The discussion of the constitutional
questions involved took a wide range.
Mr.. Lindsay (Kentucky) was inclined
to the opinion, he said, that the con-
stitution could be extended or with
held from acquired territory.
Mr.. Vest (Missouri) inquired wheth-
err Chief Justice Marshall had not de-
cided that wherever the authority and
jurisdiction of the United States ex-
tended the constitution also extended.
Mr.. Lindsay did not think that the
entire constitutional Interpretation of
all the future ought to be based on
Chief Justice Marshall's decision in
that case.
In response to Mr.. Hoar, Mr.. Lind
say said that the application Of the
constitution had been expanded. Mr..
Jefferson, he said, did not believe a
State could be created out of territory
not included within the original limits
of the United States, but nevertheless
we had advanced far beyond that
point.
The bill providing for a government
of Hawaii was then taken up. Mr..
Cullom (Illinois), in charge of the
measure, explained its provisions Sec
ton by section, celebrating the neces-
sarily condensed language of the bill.
Mr.. Tillman was disposed to criti-
else the bill as indicated by his in
terruptions of Mr.. Cullom. because
property and educational %qualifca-
lions for voters and o~ficeholders were
required, inasmuch as objections were
raised in this country to southern
States demanding similar qualifca-
lions of their voters.
Mr.. Cullom said the matter had been
considered most carefully by the for
eign relations committee and as a
means of protecting the interests OF
the island and their citizens from dis
order and coniiction the restricted
suffrage qualification had been adopt
ed. No discrimination was shown
against any race Of people in Hawaii.
Under the bill all were treated with
absolute equality.
Mr.. Cullom explained as a particu-
lar reason for early action upon the
pending i'll that the buhnnic nlacue