The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-20

Senate Differ as to the Point at
Issue-Hawaiian Hill Is Called Up
and Urgency stated-Natives Need
Power to Do Something for Ref
uEees From the Plague.
WASHINGTON, Feb. ia simple res
olution Of inquiry introduced in the sem
ate today by Mr.. Hale (Me.) precipitated
an hours constitutional debate by some
of the ablest constitutional lawyers IN
the body on the authority of congress at
it's present session to extend or with
hold the constitution to territory acquired
by the United States. The bill providing
a government for the territory of Hawaii
was under consideration most of the aft
erncon, Mr.. Cullom, in charge of the
measure, explaining in detail it's provis-
IONS
On converting the senate passed a bill
for the relief of claimants having cases
pending against the United States in the
circuit and district courts affected by an
act of 1898.
Mr.. Hale offered resolution which,
after a long debate, was adopted, calling
upon the commissioners of the District
of Columbia for information as to why
the act of congress relating to telephone
charges had not been enforced, and prac-
tically was imperative.
Messrs. Gallinger, Foraker and Plat
Comm called attention to the fact that
the telephone charges ordered by con-
gress had been decided by a Judge of
the supreme court of the District of CO.
iumbla to amount to g practical conf1sca-
ton OF telephone property, and in viola
tior of the constitutional provision
against taking property without due pro-
cess of law. Each rather deprecated
congress questioning court decisions,
whether satisfactory TO senators or not
Mr.. Hale insisted that the rights of the
telephone monopoly in the premises
should be passed on by the United States
supreme court
ARGUMENT OPENED
Mr.. Tillplan, at this point having In
mind the extension of the constitution
over the insular possessions of the United
States, precipitated a legal debate by in
curing how the constitution extended
over the District Of Columbia. If. as had
been maintained, congress had plenarv
powers in the District
MI. Foraker explained that the constf,
tuition extended over the District when II
was part Of Virginia and MARYLAND
and was never withdrawn He maintained
mat congress had ample authority in his
opinion to extend the constitution over
such territory as the United States might
hoId or withhold. Once extended con-
h1-i
Mr.. Chiffon (Tex.) INQUIRED If the nro-
visions Of the constitution once extended
over a territory could be withdrawn by
congress.
Mr.. Foraker replied that that question
had never arisen and probably never
would arise. He was inclined to the he
lief that on account of vested rights and
other questions, there might be difficulty
In Withdrawing the constitution once ex-
tended over territory
The decision of the constitutional o,,es.
tons involved took wide range.
MI. Lindsay (Ky.) was inclined to the
opinion, he said, that the constitution
could be extended or withheld from ac-
quired territory.
Mr.. Vest (Mo.) inquired whether Chief
Justice Marshall had not decided that
wherever the authority and Jurisdiction
OF the United States extended the con-
0titulAO1I dlSO 6Al6uQ6Q.
Mr.. Lindsay did not think that the en-
tire constitutional Interpretation Of the
future ought to be based on Chief Justice
Marshall's decision In that case.
In response to Mr.. Hoar Mr. Lindsay
said that application of the constitution
had been expanded. Mr.. Jefferson, he
said, did not believe a state could
be created out of a territory not included
In the original limits Of the United
States, but nevertheless we had advanced
far beyond that point.
HAWAII BILL TAKEN UP.
The bill providing for a government OF
Hawaii was then taken up.
Mr.. Cullum Ill), in charge of the meas
ure, explained its provisions, section by
section, celebrating the necessarily con-
densed language of the bill.
Mr.. THlman was disposed to criticise the
bill as indicated by his Interruptions oil
Mr.. Cullom, because property and educa.
tional qualifications for voters and Office.
holders were required, inasmuch as OBJ
jections were raised in this country tc
Southern states demanding similar quail
fcations of their voters.
Mr.. Cullom said the matter had been
considered carefully by the foreign rela-
tons committee and as means of pro-
tecting the interests of the islands an6
fusion the restricted suffrage qualifica
ton had been adopted. No discrimina
ton was shown against any race or clas.
of people in Hawaii Under the bill al
were treated with absolute equality Mr.
Cullom explained as particular reason
for early action upon the pending bill
that the bubonic plague had created q
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 IL
quarantine and were being supported by
the other citizens of Honolulu The Ha
waiian people had made a strong appea
for the enactment of legislation tina
would give them the authority of a per
manent government, and he hoped tn,
measure might be given speedy but care
full consideration.
At the conclusion of Mr. ~Cullom':
statement, a sharp argument arose over
the right of congress to establish in e
territory a constitutional court of the
United States. No conclusion was
reached before the senate adjourned.
PUERTO RICAN TARIFF BILL.