Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-06-06

Mr. Hamilton. We will have to go
through the bill and read II section
by section.
Mr.. Butler. From the fact that
have always been more curious to
read that which is scratched out than
that which is left in. ask the gentle.
man to tell us why he proposes to
remove that provision?
Mr.. Hamilton. There was a Difficult.
ty there, and II was thought that 1t
might be removed by this provision.
II appears that under the Hawaiian
law, cases were appealed from the
| circuit court to the supreme court, and
| understand ON all appeals the Gus.
tom had been, and 1t Is now, for the
| supreme court not to enter final judg.
ment; but having passed upon part
of the exceptions, there is judgment
to be entered In the lower courts. In
case of Cotton v. Hawaii, the Supreme
Court of the United States held that
one of these decisions of the supreme
court of Hawaii was not a final judg.
ment upon which an appeal could be
| taken to the Supreme Court. 1t was
thought at first that that difficulty
| might be removed by this leglsla-
ton, but after very careful considera-
ton by the committee they found that
serious difficulty was involved. and
we Thought II better not to have It In
here.
Mr.. Parsons. May | also suggest
that In addition to that the change
that would have allowed appeals from
Hawaii would have extended to where
they we're not allowed to Porto Rico,
Alaska, and so on.
Mr.. Hamilton. That point was
raised
Mr.. Good. That was one reason
why II was eliminated.
Mr.. Hamilton. Now, as to section
8. II provides.
Sec. 8. That section 81 of said
| act is hereby amended to read as
follows:
sec. 81. That, except as 9th.
erwise provided, the public prop
erty coded and transferred to the
United States by the Republic OF
Hawaii under the joint resolution
i OF annexation, approved July Z.
1898, shall be and remain In the
possession, use, ana control of
the government Of the Territory OF
Hawaii, and shall be maintained,
| managed. and cared for by II, at
its own expense. until otherwise
provided for by Congress, or tax.
| en- for the uses and purpose of
| the United States by direction of
the President and the Governor
| of Hawaii.
The. explanation OF that Is that sec.
ton 81 of the organic act which pro
vided that the public property coded
to the United States upon annexation
remains In control OF the Territory
subject to the power of the President
or the Governor to set aside portions
OF 1t from time to time as required for
the uses and purposes OF the United
States. The real property may be sold
or leased 'by territorial officers under
the Hawaiian laws, which were con.
tinued in force by sections 73 and rs
Of the organic act. and the personal
property may likewise be sold or leas.
ed by territorial officers under the au.
thority OF the act OF 1906 and the pro.
ceeds of all such sales and leases go
into the Hawaiian treasury
That U.s. this property now belongs
practically and equitably to the Terri
tory except that the technical and
legal title IL in the United States, and
needed portion may be set aside by
the President and Governor for the
use of the United States.
Section relates to salaries 1t
speaks for itself. II provides that the
following officers shall receive the fol.
lowing annual salaries. to be paid by
the United States: Governor, $4,000.
He now gets $4,000.
| Mr.. Butler. Mr. Chairman, will the
gentleman yield?
Mr. Hamilton. will yield to the
gentleman.
Mr. Butler. suppose the commit
tee considered a salary of $4,000 for
the governor not excessive; otherwise