The Portland daily press., 1900-02-20
DEBATED By SENATE.
Question of Application
Constitution.
Participated in by Ablest Lawyers
Of Body.
Hawaiian Govt Bill
Considered.
The Measure Explained by Mr..
CullOm.


resolution OF inquiry introduced 10 the
SenGts todsy by MIR. Hale Of Maine.
precipi IA ed q constitutional debate which
was prolonged fer more than an hour and
was participated In by some Of the abiest
constitutional lawyers In the body.
The discussion finally turned on the
authority Of Congress at It's pleasure to
extend the constitution to territory 40
quired by the United States or to with
hold 1t from such territory.
The bill providing q government for
the territory of Hawaii was under cons,d-
Grafton most Of the afternoon. Mr.. Gull
lom In charge Of the measure explained
In details Its provisions.
MIR. Hale offered a resolution calling
upon the commits ioneis OF the District OF
Colu N sia for informs Il ION as to why the
law of Congress relating to telsphoue
char Jes had not been enforced and prao-
tioslly swss Imperative MIR. Hale said
no law could te palmer than that passed
by Con grsss As the situation was. the
vitality Of the measure mad been stricken
ont by some judge.
Mr.. Gallinger said II was his under.
standing that the judge had held In his
decision that the Law WIS . practical
conf 5 iation of the teler hone property.
He thought there was good dsal OF I'M.
wise and uDjustifabls ayita Ion regard
ing the light companies, the s.rest rail-
ways and other corporations Of quas
publio character In the District Of Colum-
bia. lie no, ed there would to q court
somewhere that would prevent the actual
confiscation OF property under law OF
Congress
Mr.. Foraker had read the decision and
said 1t was be S ID on the broad ground
that the law an uo1ntsd to ths taking Of
property without due prooefs Of Law,
which was practical oonfisoAtion. That
was out of the power Of the Congress.
Mr. Hale ips.sie1 that . matter iuvolv-
ing the inter- SIS Of the people which
seemed to be iofringsd BY m,n ,poiy
should be ne ssed upon ~ the hi chest
90 Vi t OF the land.
Mr.. Pi,tt Of Connecticut questioned the
advisas.lity Of the position taken BY Mr..
Hale. Courts he said. only s'ood be.
tween the people and anarchy and he bs-
onciusions reached by courts, whether or
NOS thes, oonclusions are satisfactory TO
them.
A lively tilt then occurred let ween Mr..
Tiilman OF South Carolina and Mr.. For
aker. The former having in mind the
extension of the constitution Of the ins-.
lar poa fssioDs OF the United States, in-
ou,rsd how the COZ stltution extended owe
the District of Columbia II as had bes n
maintained. Congress had plenary power
In ths district.
Mr. Foraker replied that the oop pstitu-
ticu extended over the District when 1t
was part Of Mary land and Virginia and
was never withdrawn. He malntainsd
that ConRrt s. had ample authority In his
judg msnt TO extend the constit tion over
such territory as the United States might
acquire or withhold. ct viii. Oncs ex-
tsndsd over territory, Congr. s, was bound
by Its Limitations,
pro visions Of the constitution onoe ex-
ssndsd over territory by Congress could
bs Withdrawn by Congress-
Air. Foraker replisd that he had not
studied that aspect OF the subject but was
Inclined to the belief that on account OF
vsstsd rights and other questions there
might be difficulty In Withdrawing the
sory.
Mr.. Lines " OF Kentucky was inclined
to the opinion. he said, that ths oonstitu-
Ion could be extended or withheld from
acquired territory.
Mr.. Vest OF Missouri inquired whether
Chief Justice Marshall had not decided
that wherever the authority and inrisdio-
tlon Of the United States extended, the
constitution also extended.
Mr. Lindssy did not think the entire
oons titutional interpretation OF all the
future ought to be passd on Chiet Justics
Asrshalrs decision in that case
In response to an inquiry by Mr.. Hoar,
MIR. Lindssy said that ths applio alton OF
the constitution had been expanded.
Mr.. Jefferson, he said, did not believe
state could be created out Of territory not
included within the original limits Of tie
u nj ed Statss but hs pointed out that we
| + ad, as was perfectly evident, advance !
far beyond that point.
After some further discussion by Mr.