The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-21
MORGAN ON THE JUDGES
Continued from page u

How many OF the States OF this Union
have property qualifications for voJ-
ing? How many OF them nave literary
qualifications for yOting-qualificatiOn
that are accidental that belong 10 the
condition OF the man rather than 70
his natural powers and rights as a
white man? How many States, l ask,
have these qualifications for voting?
Quite a large number. And why
should those States that now have
property qualifications, literary qualifi-
cations, and various other qualifica-
tions come here 10 object to that limi-
tatiOn on that class OF electors in Ha-
wall who are permitted to vote for SEN
ators based upon the ground OF prop
erty?
What Is the test in Hawaii, Mr.. Pres
ident IL Is whether a man is an indi-
gent vagabOnd, who does not attempt
to take care OF his property or his fam
lily, who makes no accumulation, who
does no work and does not want 70
work-a servile man, a man belonging
TO an inferior race OF people-whether
a man of that sort is qualified elect
or,
But now the Senate seems not TO
have reflected, seems not to be think
ing about the real attitude of this ques-
ton. What are we doing here today?
We are not fixing permanent organic
laws upon the Territory OF Hawaii.
These election laws are not permanent
organic laws at all; they are laws
which may be modified by the subse-
quent action either Of Congress or OF
the legislature. We take a community
there that for the first time Is to be
brought in under the laws of the
United States with the electoral priv
ilege.
Let me illustrate, Mr.. President, for
lust a moment. / will take Porto Rico
as my theme for the sake of the Illus
tration. We have there nine hundred
and odd thousand people. We will as
sumo that one-fifth of them are mel
81 years of age-about the proportion
we have in larger communities. Per-
haps 1t is not SO large there. We are
supposed now to be preparing to enable
those people to exercise for the first
time in their existence the right OF To-
cal self-goyernment. Do we select the
whole body of the people without ref
erence to the age of 81? The Spanish
age of eligibility to the electoral privi-
lege Is 20 years, not Fl. DO we select
the whole body of the male population,
utblOf uAtoAlhbg anu NChANA
upon them the power TO organize a gov
eminent In Porto Rico? Are we ex-
pected ever to do thing OF that kind?
In the Inauguration of representative
government in Porto Rico; as in Ha-
wall, where the subject Is res integra,
and in Hawaii, so far as we are con-
cerned, Just as 1t Is in Porto Rico, We
select the men who put the govern
ment machinery into motion for the
first time In Hawaii we have the ad-
vantage of having men who for years
and years, even back under the mon
archy, have had training in this mat
ter of considering governmental prof.
ects and voting upon them. We have
that very great advantage in Hawaii.
In Porto Rico we have not got man
who has ever had the privilege OF do
ing any act at all as voter or con-
stituent or factor in the idea of self
government.
Now. we are making the selection;
we are making il in Hawaii; We are
not making 1t permanent; we are max
ing IL provisional; and the question is,
who will the Congress of the United
States intrust, in the first instance.
with the powers of local self-govern-
ment TO the extent they may go and
form and organize government in
Hawaii, or commence the execution of
a government in Hawaii? That Is the
question now before the Senate. III j
had the honorable Senator from Con-
necticut (Mr. Plato there in Hawaii,
with a pencil and a piece OF paper In
his hand. and had those people 10 pass
in review before him, there is many a
one he would strike out, to whom he
would not intrust. as a member OF the
United States Senate. the power OF or
ganizlng and conducting government
in Hawaii.
Mr.. Platt of Connecticut. Mr.. Pres
ident, support the provision about the
property qualification for voting foi
senator's.
MIR. Morgan. Very we'll; and if the
Senator had the selection of judges in
Hawaii he would find men there who
are thoroughly competent. qualified by
long training and eminent ability. fol
the discharge of those judicial func
tons.
The Senator said that he had heard
OF some decisions in Hawaii by the
supreme court that were peculiar
Questions are peculiar there. Mr.. Pres
ident. but there is no popularity in the
decisions of Hawaii that is affected II
any way in the world by personal In
competency or corruption. On the con
trary. | have in my library the clever
books OF the reports OF the supreme
court of Hawaii. and / can cite you L
instances in the Supreme Court OF TIT
United States where those decisions
have been quoted on general topics o
law, and quoted as authority. Tn,
judicial system of Hawaii is one that Il
admirable. and the records OF tn
supreme court of the republic and tn
monarchy of Hawaii show its admirably
qualities.
The first time the supreme court wa
ever organized in Hawaii was by IA
mehameha III, and he made himsel
the chief justice of the supreme court
The king conferred that honor upon tn
office that he himself sat on the bencl
with the associate justices, and from
that time forward nothing had been s.
carefully considered as the jurisdiction
the practice, and the conduct Of tn