The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-02-20
Constitutional Lawyers Have a
Day in the Senate.
AUTHORITY OF CONGRESS
AS REGARDS TERRITORY AC-
CURED By UNITED STATES
Whether or Not the Constitution Can
Be EXTENDED or Withheld GIL
lom Explains the Hawaiien Bill
and Asks for It's Early Adoption
Opposed by Tillman.

y
ate today by MI hale of Maine pre-
cipitated an hours constitutional de-
bate by some Of the. ablest constitu-
tional lawyers in the body, on the
authority Of congress at its pleasure
to extend or withhold 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 afternoon.
Mr.. Cullom. in charge of the measure,
explaining in detail its provisions.
On converting, the senate pas sed a
bill for the relief of claimants having
cases pending against the United
States in the circuit and district courts
affected by the act of 1898.
Mr. Hale offered a resolution which.
after a long debate, was adopted. call
| ing upon the commissioners of the Dis
rriet of Columbia FOR information as to
why the law of congress relating to
/ telephone charges had not been en-
[ forced and practically was imperative.
Messrs. Gallinger, Foraker and Piatt
/ of Connecticut called attention to the
fact that the telephone charges fixed
/ by congress had been decided bv a
| judge OF the supreme court of the Dis
trict of Columbia to amount to a prao-
tical cOnhscation of telephone property
and in violation of the constitutional
provision against taking property with
4 out due process Of law.
A Constitutional Debate.
Each rather deprecated congress on
I pf
whether satisfactory to ST majors or
not MIR. Hale insisted that The rights
of the telephone monopoly in the prem
lSeS should be passed on by the United
States supreme court.
Mr. TIlman d this point having in
mind the extension Of the constitution
over the insular possessions of the
/ United States, precipitated a legal de-
bate by inquiring how the constitution
extended over the District of Columbia.
if, as had been maintained. congress
had plenary power in the district
Mr.. Foraker replied that the consti-
tuition extended over the district when
/ il was part Of Virginia and MARYLAND.
and was never withdrawn. He main
tanned that congress had ample au-
thOrity, in his judgment, to extend the
constitution over such territory as the
/ United States might acquire, or with
L
territory, congress was bound by lin
/ itatiOns
/ Mr.. Chiffon of Texas inquired if the
provisions Of the constitution, once ex-
tended over a territory by congress.
could be withdrawn by congress.
Mr.. Foraker replied that that ques-
/ ton had never arisen, and probably
never would arise. He was inclined to
( think there might be difficulty in with
/ drawing the constitution once extended
( over a territory.
Took a Wide Range.
The discussion Of the constitutional
| questions involved took a wide range.
/ Mr.. Lindsay Of Kentucky was inclined
/ to the opinion, he said, that the con-
! stitutiOn could be extended or with
/ held from acquired territory
! Nj Vest Of Missouri inquired Wheth-
er Chief Justice Marshall had not de-
/ cided that wherever the authorit,, and
/ jurisdiction of the United States ex-
! tended, the constitution also extended
Mr. Lindsay did not think the entire
/ constitutional Interpretation of all the
/ future ought to be based on Chief Jus
/ tice E-ershalIs decision in that case
| In response TO Mr.. HOar. Mr.. Lindsay
SAID the application Of the constitution
| had been expanded.
/ Mr.. Jefferson. he said. did not believe
| a state could be created out Of terri
| tory not included within the original
/ limits Of the United States, but never
/ theleSs we had advanced far beyond
/ that point
! The bill providing for a government
/ OF Hawaii was then taken up. Mr..
/ CullOm 0lls.), in charge OF the measure,
! explained its provisions section b. sec
I ton, celebrating the necessarily con-
/ denSed lauerIa go of the hill
| Mr.. Tillman was disposed to eriticise
I the bill, as indicated by his Interrupt
/ tons Of Mr.. CullOm because property
| and educational qualifications for vOt-
/ ers and OfficehOldeTs were required. III
! a5much as objections were raised in
| this country TO southern states demand
/ ing similar qualifications of their vOt-
/ ers.
Protection to the Islands.
Mr.. Cullom said the matter had been
/ considered most carefully By the for
! elgn relations committee and as means
! of protecting the interests Of the
/ Islands and their citizens from d.5Or-
/ der and confusion the restricted sufe
| frage qualifications had been adopted.
/ No discrimination was shown against
/ any race or class Of people in Hawaii.
Under the bill all were treated with
/ absolute equality.
Mr. Cullom explained as a particular
| reason for early action upon the pend
/ ing bill that the bubOnic plague had
| created a serious situation in Honolulu.
! Thirty acres of the city We're burned
! by the authorities in order to prevent
! the spread Of the plague. Eight thou
/ sand persons-homeless and nearly
/ naked-were in quarantine and were
/ being supported by the other citizens
! of Honolulu
The Hawaiian people had made a
strong appeal for the enactment OF
| legislation that would give them the
/ authority Of permanent government
/ and he hoped the measure might De
/ given speedy but thorough consldera-
/ ton
At the conclusion of AIR Cullom
! statement a sharp discussion arost over
| the right of congress to establish ia
! territory a constitutional court Of the
! United States. No conclusion was
/ reached before the senate, at Sis p M,
/ held an executive session and at 40
D. m adjourned.
NOMINATED BY PRESIDENT.
Sends a Number Of Names to the
Senate-Confrmatio
Washington, Feb. 19.-The president
today sent the following nominations to
! the senate:
John +. Mulkey of Alabama to be
/ consul at Tux9an. Mexico.
| Commander William c. Glib
/ son, 20 be captain; Lieutenant Com