The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-02-20
A CONSTITUTIONAL DEBATE.
Some of the Ablost Lawyers in the
Senate Take Part.

Washington. Feb. ia simple reso-
LUTON CT inquiry introduced in the Sen
ATE today by Mr.. Hale (Maine) precipi-
taed constitutional debate which was
prolonged for more than an hour and
was participated in by some of the ableSt
constitutional lawyers in the body. The
discussion finally turned ON the authori-
ty Of Congress at it's pleasure to extend
or withhold, the Constitution to territor-
les acquired by the United States.
The bill providing government for
the territory of Hawaii was under con-
s;deration most Of the afternoon.
A bill was passed 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 calling
uron the commissioners of the District
of Columbia for information as to why
the law of Congress relating to telephone
charges had not been enforced and
practically was imperative.
Mr.. Hale said no law could be palmer
than that passed by Congress. yet SsS
vitality of the measure had been
stricken out by some judge.
Mr.. Foraker had read the decision.
and said it was based on the broad
ground that the law amounted to the
taking of property without due process
of law which was practical confscation.
That was out Of the power of Con-
gress.
A lively tilt occurred between Mr.. Till
man Is. CO and Mr.. Foraker. The
former inquired 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 Constitu
ton extended over the District when it
was part of Virginia and Maryland,
and was never withdrawn. He main
tanned that Congress had ample author
ity to extend or withhold the Constitu-
tion at will over acquired territory.
Once extended over territory Congress
was bound by its limitations.
The discussion Of the Constitutional
question involved took wide range.
Mr.. Lindsay Ky.) was inclined to the
opinion, he said. that the Constitution
could he extended or withheld from ac-
CURED territory. He argued that life
liberty and some other rights guaran-
teed by the Constitution were pre-exist-
ing rights and depended upon no Con-
stitution. State or Federal.
After further discussion the resolution
offered by Mr.. Hale was adopted.
The Hawaiian Bill was then taken up.
sure, explained its provisions section by
section.
Mr. Tillman was disposed to criticise
the bill as indicated by his Interruptions
of Mr.. Cullom, because property and
educational qualifications for voters and
Office holders were required, inasmuch
as objections were raised in this coun-
try to Southern States demanding SINH
lar qualifications of their voters.
Mr.. Cullom said that as a means of
protecting the interests of the island and
their citizens from disorder and confu-
sion the restricted suffrage qualification
had been adopted. No discrimination
was shown against any race or class of
people in Hawaii
Mr.. Cullom explained as particular
reason for early action upon the pend
ing bill. that the bubonic plague had
created % 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 thousand
persons-homeless ard nearly naked
were in quarantine and were being sup
ported by the other citizens of Honolulu
The Hawaiian people had made a
strong appeal for the enactment of legis-
lation that would give them the au-
thority of a permanent government, and
he hoped the measure might be given
speedy but thorough consideration.
\ sharp discussion arose over the right
OF Congress to establish in a territory
a constitutional court of the United
States. No conclusion was reached be-
fore the Senate at 5:15 held an execu-
tive session and at 5:25 p. M, adjourned.