The age-herald., 1900-02-20
Lindaay Argued in Favor of Extension
 fl Necessary.
THE GOVERNMENT OF HAWAII
Tillman Criticised Part of the Bill Which Required Educational and Property Qualification of Vot-
 CTS and Office Holders

olution of inquiry introduced in the senate today by MT. Hale of Maine precipitated an hours cons titutdonai debate by some of the ablest constitutional lawyers in the body on the authority of congress at its pleasure to extend or withhold the consti- tuition to territory acquired by the United States. The bill providing a government for the territory of Hawaii was under consideration most of the afternoon. MT. Cuflom, in charge of the measure, explain ing in detail its provisions.
 On convening 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.
 MT. Haze offered a resolution, which, after }ong debate, was adopted, calling upon the commissioners of tLle District of Columbia for information as to why the law of congress relating to telephone charges had not been enforced and prac- tcaly was imperative.
 Messrs. Gailinger, Foraker, and Platt of Connecticut, called attention to the fact that tae telephone charges fixed by con gress had been decided by a judge of the supreme court of the District of Colum bia to amount to a practical confiscation of telephone property and in violation of the constitutional provision against taking prop erty without due process of law. Each rather deprecated congress questioning court decisions, whether satisfactory to senators or not. Mir gIaie insisted that the rights of the telephone monopo.ies in the. premises should be passed on by the United States supreme court.
 e TilIman Starts the Debate
 MT. T llman, of South Carolina, at this point, having in mind the extension of the constitution over the insular possessions of the United States precipbtated a legal debate by inqusring how the constitution extend0 over the District of Columbia, as had been mentioned, congress had plenary power in the district. MT. Foraker replied that the constitution extended over the district when 1t was part of Virginia and Maryland and was never withdrawn. He maintained that congress had ample author ity, in his judgment to extend the consti- tuition 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. MT. Chiffon, Ol leAdS, iHqulTeu Il tile pIONlSlDHS Ol Ule constitution, once extended over a territory by congress, could be withdrawn by con- gress
 MT. Foraker replied that that question had never arisen and probably never would arise. He was inclined to the belief that on account of the vested rights and other questions there might be difficulty in with drawing the constitution once extended over territory. The discussion of the consti- tutional questions involved took wide range. Mir. Lindsay, of Kentucky, in- clined to the opinion he said, that the con- stitution could be extended withdrawn from acquired territory.
 MT. Vest, of Missouri, inquired why Chief Justice Marshall had not decided that wherever the authority and Jurisdiction of the United States extended the constitution also was exteneded
 MT Lindsay did not think that the entire constitutional interpretation of all the fu- ture should be based on Chief Justice Mar shalfs decision in the case. In response to MT. Hoar. MT Lindsay said that the ap- plication of the constitution had been changed. MT. Jefferson. he said, did not believe state could be created out of ter ritory not included within the original limits of the United States, but neverthe- less we had advanced far beyond that point.
 GovernmeDt of Hawaii
 The bifl providing for a government of
 
 Illinois, in charge of the measure, explain ed its provisions section by section.
 MT. Tillman was disposed to criticise the bill, as indicated by his interruptions of MT. Culbom, because property and educa- tional qualifications for voters and office holders were required inasmuch as objec- tions were raised in this country to south- ern states demanding similar qualifications of their voters. MT. Cullom said the mat ter had 'been considered most carefully by the foreign relations committee, and as a means of protecting the interests of the island and their citizens from disorder and confusion the restricted suffrage qualifica- tion had been adopted
 He explained as a particular reason for early action upon the pending bill that the buibonic plague mad created serious sit- uation in Honolulu. Three acres of the city were burned by the authorities in or der to prevent the spread of the plague. Eight thousand persons, homeless and nearly naked, were in quarantine, and were being supported by the other citizens of Honolulu. Tlhe Hawaiian people had made a strong appeal flor the enactment of leg islation that would give them the authoaity of permanent laws, and he hoped the meas ure might be given speedy, but thorough . consideration.
 At the. conclusion of MT. Culloms state, ment sharp discussion arose over the right of congress to establish in territory a constitutional court of the United States
 No conclusion was reached before the senate at 5:15 p. m. had an executive ses- sion, and at 5:25 D. m. the senate ad- journed. %