The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-02-20
SENATE AND CONSTITUTION.
APPLICATION OF THAT DOCUMENT
UNDER DISCUSSION.

UNDER DISCUSSION.
Question of the Right of Congress 10
Govern the District of Columbia.
Law Passed for the District Had
Been Declared Unconstitutional
Information Was Called fOr-Ques-
tion of Qualifications for Voters in
the Hawaiian Islands.
Washington, Feb. ia simple resolution
of inquiry introduced in the Senate to-
day by Mr.. Hale of Maine precipitated a
constitutional debate, which was pre-
longed for more than an hour, and was
participated in by some of the ablest con-
stitutional lawyers In the body.
The discussion finally turned on the au-
thority of Congress at its pleasure to ex-
tend or withhold the constitution to ter
ritories acquired by the United States.
The bill providing a government for the
territory of Hawaii was under discussion
most of the afternoon. Mr. Cullom in
charge of the measure, explaining in de-
tail its provisions.
A bill was passed for the relief of claim
ants having causes pending against the
United States in the circuit and district
Congress and the District.
Mr.. Hale offered a resolution calling
upon the Commissioners of the District
of Columbia for information as to why
the law of Congress relating to telephone
charges had not been enforced and was
practically imperative
MIR. Hale said no law could be palmer
than that passed by Congress, yet the vi
tally of the measure had been stricken
out by some judge.
Mr.. Foraker had read the decision. and
said 1t was based on the broad ground
mat the law amounted to the taking of
property without due process of law
which was practical conhscation That
was out of the power of Congress.
A lively tilt occurred between Mr.. TIN
man of South Carolina and MIR. Foraker
The former inquired how the constitution
extended over the District of Columbia
II, as had been maintained Congress- had
pienary power in the district.
Mr. Foraker replied that the constitu-
ton extended over the District when il
was part of Virginia and Maryland and
was never withdrawn. He maintained
that Congress had ample authority to ex-
tend or withhold the constitution at will
over acquired territory. Once extended
over territory Congress was bound by its
limitations
The discussion of the constitutional
question involved took a wide range. Mr.
Lindsay of Kentucky was inclined to the
opinion, he said, that the constitution
could be extended or withheld from ac-
quired territory He argued that life, lib-
erty and some other rights guaranteed by
the constitution were pre-existing rights
and depended upon no constitution, state
or federal.
After fruther discussion the resolution
offered by Mr.. Hale was adopted.
Hawaiian Bill Taken Up.
The Hawaiian bill was then taken up
Mr.. Cullom, of Illinois, in charge of the
measure, explained its provisions section
by section.
Mr.. Tillman was disposed to criticise the
BILL as indicated by his Interruptions of
Mr.. Cullom, because property and educa-
tional qualifications for voters and office
holders were required, inasmuch as object
ions were raised in this country to the
Southern states demanding similar quail
fications of their voters.
Mr.. Cullom said that as a means of pro-
tecting the interests of the islands and
their citizens from disorder and confusion
the restricted suffrage qualification had
been adopted. No discrimination was
shown against any race or class of people
in Hawaii
Mr.. Cullom explained as particular rea-
son for early action on the pending meas
ure that the bubonic plague had created
a serious situation in Honolulu. Thirty
acres of the city were burned by the au-
thorities in order to prevent the spread
of the plague Eight thousand persons
homeless and nearly naked-were in quar-
antine. and were being supported by the
other citizens of Honolulu. The Hawaiian
people had made strong appeal for the
enactment of legislation that would give
them the authority of a permanent govern
ment, and he hoped the measure might be
given speedy but thorough consideration
A sharp discussion arose over the rights
of Congress to establish in a territory a
constitutional court of the United States.
No conclusion was reached before the Sem
ate at 5:15 p. m. held an executive ses-
sion, and at 5:25 p. m. adjourned.