New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-20
LEGISL ATING FOR HAWAII.
SENATOR CULLoM EXPLAINS THE PRO
VISIONS OF HIS BILL.
[BY TELEGRAPH TO THE TRIBUNE. ]


IBY TELEGRAPH TO THE TRIBuNEl
Washington Feb. 19.-Debate in the Senate
on the Hawaiian bill opened this afternoon with
an elaborate analysis of the provisions of the
pending measure by Mr.. Cullom. AS it's au-
thor, the Illinois Senator naturally assumed the
task of explaining and justfying the details of
the BILL under which the political chaos OF the
last eighteen months is to cease in Hawaii and
the islands are to be erected into self depend
ent American Territory. The many Interrupt
tions to which Mr. Cullom had submit
evinced the lively interest now felt in Congress
in the details Of any and all legislation FOR this
country's newly acquired possessions. Little
difference OF opinion was developed, however,
the aims and scope of the Hawaiian bill,
for Senators of all parties agreed that the
people OF the Hawaiian group are fully qualified
TO discharge the political responsibilities inn
posed upon them by the territorial form of
government and that the erection OF shh
form of government offers the surest and most
immediate remedy for the untoward conditions
now existing throughout the islands. 1t is the
hope OF the managers OF the bill that they may
be able TO pass IT within the present week.
Mr.. Tillman disposed TO critcise the bill,
as indicated by his interruptions OF MIR. Cuom.
because property and educational qualifications
for voters and office holders were required. in
asmuch as objections raised In this coun-
try to Southern States demanding similar quail
fications Of their voters.
Mr. Cullom said the matter had been consid-
cred most carefully by the Foreign Relations
Committee and a means OF protecting the
interests of the island and their citizens from
disorder and confusion the restricted suffrage
qualification had been adopted. No discrimina
ton was shown against any race or class of
people in Hawaii. Under the bill all were treat
ed with absolute equality
Mr.. Cullom explained particular reason
for early action on the pending bill that the
bubonic plague had created serious situation
in Honolulu. Thirty acres OF the city were
burned by the authorities in order to prevent
the spread of the plague. Eight thousand per-
sons, homeless and almost naked, were in quar-
antine, and We're being supported by other citi-
zens of Honolulu.
The Hawaiian people had made a strong ap-
peal 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.
At the conclusion of Mr.. >Culloms statement
a sharp discussion arose over the right Of Con-
gress to establish in a Territory constitutional
court Of the United States. No decision was
reached before the Senate. at 5:15 p. m. held an
executive session, and at 90 p. m. adjourned.
CONSTITUTIONAL. POINTS DISCUSSED.
LAWYERS OF THE SENATE TAKE PART IN
DEBATE.
Washington. Feb. ia simple resolution OF
inquiry introduced in the Senate to-day by Mr..
Hale precipitated constitutional debate which
was prolonged for more than an hour and was
participated in by some of the ablest constitu-
tional lawyers in the body. The discussion
finally turned on the authority OF Congress at
its pleasure to extend the Constitution to or
withhold it from territory acquired by the United
States.
Mr.. Hales resolution called the Commits
sioners OF the District OF Columbia for informa-
ton to why the law Of Congress relating TO
telephone charges had not been enforced and
practically inopera tive Mr.. Hale said
law could be palmer than that passed by Con-
gress. As the situation was. the vitality Of the
measure had been stricken out by some Judge.
Mr.. Gallnger said 1t was his understanding
that the Judge had held in his decision that the
law was a practical confscaton OF the tele
phone property. He thought there a good
deal of unwise and unjustihable agitation re-
garding the light companies. the street railroads
and other corporations of a quasi public char
acter in the District OF Columbia He hoped
there would be court somewhere that would
prevent the actual cOnfiscation of property
der law Of Congress-
Mr.. Foraker had the decision read, and said it
was based on the broad ground that the law
amounted to the taking OF property without due
That was out of the power of Congress.
Mr. Hale insisted that a matter involving the
interests of the people, which seemed to be in
fringed by monopoly, should be passed upon by
the highest court of the land.
Mr. Platt of Connecticut, questioned the ad
Visibility of the position taken by Mr. Hale.
Courts only stood between the people and an
archy, and he believed all the people ought to
submit to conclusions reached by courts, whether
or not those conclusions satisfactory TO
them.
lively tilt then occurred between Mr.. Till
man and Mr.. Foraker. The former having in
mind the extension Of the Constitution over the
insular possessions of the United States, in
u1ired how the Constitution extended the
District of Columbia if, had been maintained.
Congress had plenary power in the District
Mr. Foraker replied that the Constitution eX-
tended over the District when il was part of
MARYLAND and Virginia, and never with
drawn. He maintained that Congress had ample
authority, in his judgment. to extend the Con-
stitution over such territory as the United
States might acquire, or withhold 1t at Will.
Once extended over territory. Congress
bound by its limitations
Mr. Chiffon inquired If the provisions of the
Constitution, once extended over territory by
Congress, could be withdrawn by Congress.
Mr. Foraker replied that he had not studied
that aspect OF the subject, but was inclined to
the belief that account of vested rights and
other questions there might be difficulty in with
drawing the Constitution once extended over
territory.
The discussion OF the constitutional questions
involved took wide range Mr.. Lindsay was
inclined to the opinion he said. that the Con-
stitution could be extended to or withheld from
acquired territory.
Mr. Vest inquired whether Chief Justice Mar
shall had not decided that wherever the au-