The Hawaiian star., 1910-03-15
Signs OF All Kinds. Scenic
Work, Decorating, Graining
Paper Hanging, ETC., Etc.

is; of the justices of the supreme
court, $4,000 instead of $4,000 as pro.
posed; of judges Of the circuit court,
$4,000 instead of $4,000 as proposed
here and in lieu of $4,000 as under
the present law. And so on. In.
stead of fixing the salary of the Unit
ed States marshal at $4,OOO-he now
receives $2,5OO-make it $4,000 And
make the allowance to the governor
for stationery $500, as in the present
law, especially If you increase mis-
salary.
Mr.. Depew Mr.. President, the con.
sideration of the bill can not be con.
cluded today, and 1 will make just
few observations in reference TO
what has been said in criticism of -.
Then will ask that the bill go over
until tomorrow.
Mr.. Hepburn. Mr.. President
The Presiding Officer (Mr. Cum
Minis in the chair. Does the Senator
from New York yield to the Senator
from Idaho?
Mr.. Depew. Certainly.
Mr.. HEYBURN's SPEECH.
! Mr.. Hepburn. If the Senator Will
permit me, l may not be able to he
here tomorrow when this matter
comes up. / do not intend to make
any extended remarks upon the bill,
/ but I want to call attention to one or
two features that seem to me should
be considered by the Senator IN
charge of the bill before it is finally
acted upon.
I This bill in express terms extends
/ the provisions and powers of the Con.
stitution to Hawaii without limitation
/ l suppose that is the intention of tue
committee, so that there will never
be any question as to whether or not
the restrictions and provisions of the
Constitution apply in the legislation
either by the legislature of Hawaii OF
by Congress, with reference to it, or
| by the commissioner.
In view of that fact, l would direct
the Senator's attention to the provi-
sions of section 5, commencing in line
/ Z, page 8. There are some provisions
there for forfeiture of patented titles
which, it seems to me, are not sutti.
cient under the Constitution, in that
they do not provide for due process
of law.
The reference contained on page o.
commencing with line 8, which reads
''and noncompliance with the terms
of any such certificate, lease, or
agreement, or of the law applicable
thereto, shall entitle the commission
er, with the approval of the governor,
with or without legal process, notice,
demand, or previous entry, to retake
possession and thereby determine the
estate"
If you refer back to the subject Of
that provision you will find that II
includes patented lands, and the res.
trictions would Apply to lands the
title to which had passed to the in.
dividual under the patent 1 merely
suggest that for the consideration Oi
the committee and of the Senate oe.
tween now and the time when the
question will be taken up again.
The question involved was consld.
cred by the court in the case of Bur.
ton v. Platter as to the application
of the fifth amendment to the Con,
stitution. The fifth amendment TO
the Constitution relates to the Unit,
ed States Government and to Terri.
tories. The fifteenth amendment re,
lates to the right of the State to do
this, The Senate is thoroughly fam.
iliar with the decision that held that
the fifth amendment is not o limita.
tion upon the Federal Government 1t,
self or a Territory.
1t may be that that language will
need some consideration and some
change exempting fee simple titles
that pass under a patent from the
operation Of the forfeiture clause or
without the due process of law.
have made these remarks at the pres.
ent time because may not be pre-,
sent when the bill is next considered.
RIGHTS OF HAWAII.
Mr.. Depew. Mr.. President, will
say in regard to the amendment OF.
fered by the Senator from Florida
(Mr. Fletcher) to the first section
of the bill, think it is proper The
object of that first section was sim
ply to give to the Territory of Ha