The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-02-20
EXPANSION OR CONTRACTION
Of Its Provisions by Congress Discussed
by The Senate.
ABLE LAWYERS GAVE THEIR OPINIONS
Hawaiian Bill Was Called Up, hut
No Action Was Taken beyond
the Reading of IL.


resolution OF inquiry introduced In the
senate today by Mr.. Hale (Mainc) pre-
cipitated an hours constitutional debate
BY some OF the ablest constitutional law
yers In the body. on the authority of con-
tress at its pleasure to extend or with
hold the constitution to territory ac-
quifed by the United States. Tho bill
providing a government for Hawaii was
under consideration most of the day. Mr..
Cullom in charge al the measure, explain
ing in detail its provisions.
On converting the senate passed 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 a resolution which.
after long debate. was adopted calling
upon the commissioners of the Distrls
of Columbia tor informa ton as to why the
law OF congress relating TO telephone
charges had not been enforced and Is
practically imperative.
Messrs. Galllnger, Foraker and Fiat
Comm called attention TO the fact that
the telephone charges fixed by congress
had been decided by judge OF the 81
preme court OF the District OF Colum-
bia TO amount 10 a practical eonllscatiop
of telephone property and in violation OF
the constitutional provision against taking
the property without due process OF law
Each rather deprecated congress question
ing court decisions. woether satisfactory
TO senator's 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
Mr.. Tillman az this point, having IN
mind the extension OF the constitution
over the insular possessions OF the Unlted
States. precipitated legal deSat. - in
ouiring how the constitution extended over
The District Of Columbia H. as had been
maintained, congress had plenary po~e'
IA the District.
Mr.. Foraker replied that the constltu-
tion extended over the District when Il
was part OF Virginia and Maryland and
was never withd7awn- He maintained
that congress had ample authority, 80 hi,
Judgment. TO extend the constitution ovei
such territory as the United States nigh
acquire or withhold H. Such extension
WAS bound by its limitations.
Mr.. Chiffon (Texasl inquired II the pro
visions OF the constitution once extendo.
over a territory by congress could b
Withdrawn BY congress.
T. r
has never rissn aud probably never woul
arise. He was inclined to the belief tina
on account Of vested rights or other ques
tlon there might be difficulty In Withdraw
ing the constitution once extended over
territory.
The discussion of the constitution too
a wide range. Mr.. Lindsay (Ky) was in
cl!ned to the opinion, he said. that Ia
constitution could be extended or with
held from an acquired territory.
Mr.. Vest inquired II Mr. Marshall ha
not decided that wherever the authorit
aud jurisdiction OF the United States eS
tended, the constitution also extended.
Mr.. Lindsay did not think that the oil
tire constitutional Interpretation OF a
the future should be based on Chief Ju
tice Fields decision in that case. In r
sponse to Mr.. Hoar, MIR, Lindsay said ia
the application OF the constitution h.
been expanded. Mr.. Jefferson. he sal
did not believe a State could be Great
out of Territory not included Within 4
original limits of the United States, b
we had advanced far beyond that point,
The bill providing for government
Hawaii was then taken up. Mr., Culloi
In charge OF the measure, explained
particular reason for early action up
the pending bill that the hubonic plag
had created serious situation In Hon
lulu. lnlrty acres OF tne city wore our
ed by the authorities in order TO prove
the spread Of the plague. Eight tho
sand persons-homeles and near
naked--were in quarantine and were b
Ing supported bv the other citizens
Honolulu. The Hawaiian people had ma
strong appeal for the enactment of le
islation that would give them the a
ihority OF a permanent government a
he hoped the measure might be Civ
speedy but thorough consideration.
AT the conclusion of Mr.. Cullom's stat
inert a sharp discussion arose over I
right OF congress 10 establish in tel
tory constitutional court OF the Unit
States No conclusion was reached b
fore the senate at 5;15 .. M, held
executive session, and at 5;95 p. M. a
!ourned.