Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-06-15

1910 and 1919, of the Revised
Statutes, and the amendments
therto, and an act entitled An
act TO prohibit the passage OF
local or special laws in the Ter
ritories of the United States, to
limit territorial Indebtedness,
and for other purposes approx
ed July 80. 1856, and the
amendments thereto, shall not
apply to Hawaii"
Mr. Tawney. Mr.. Chairman, |
move TO strike out, beginning with
line 3, on page /, down to and in
Guiding line s, on page 2.
The Chairman. The Clerk Will re-
port the amendment of the gentle
man from Minnesota.
The Clerk read as follows:
Strike out all after the enact
ing clause in section /.
Mr.. Tawney. Now. Mr.. Chairman,
there has been a great deal said about
|, he decision of the comptroller. I
have the decision. and want to read
from the opinion. 1t appears that on
February I, 1902, the comptroller de-
cided that an exactly similar appro.
priation for 1902 was applicable to
the gauging of streams and the de-
termining Of the water supply OF Ha-
wall This latter decision is report
ed In Fourteenth Comptroller's Deci!
sions. Now, the comptroller has
held, In the absence of any evidence
as to the intention OF Congress with
respect to the expenditure OF any
part of this money in Hawaii, that
the general appropriation, so much
OF II as in the judgment of the Sec
rotary of the Interior was necessary
might be expended in Hawaii. The
reason for the decision holding that
no part OF the general appropriation
'or 1907 was available is because the
department. expressly estimated for
this appropriation in the language In
which this general appropriation
was made, and Congress refused. or
declined. to make any appropriation.
Therefore the comptroller, whose
duty II Is to determine the orderly
expenditure and the legal expendi-
ture or the illegal expenditure OF
the public funds, naturally went to
the records Of Congress for the pur-
pose of ascertaining why we failed
20 make this appropriation.
LHnIfn0 that 10 w An,ittah affair
a full and careful investigation OF
the estimates, he concluded that II
was not the intention OF Congress
that this appropriation should be
made. Therefore no part OF the gem
eral appropriation could be expended
in the Territory which Congress re-.
fused to make specific appropriation
or. Therefore, say that there is
no necessity for this language. When
The department having jurisdiction
over the Territory of Hawaii makes
Its estimate to Congress for an APP
preparation to be expended in that
Territory, that estimate will receive
the same consideration that any and
all other estimates receive at the
hands OF Congress. The Territory
Of Hawaii perhaps does not realize
Or its representatives do not realize
he danger the Territory is in II
this language is incorporated in the
organic act. II this language be-
comes law. the Territory will be at
he mercy of the department; and
when It comes to the apportionment
Of any general appropriation that
| Territory will have TO take what II
gets. 1t will be just exactly in the
same condition as in the distribution
Of the general appropriation for land
| surveys in the public-land States.
There IL great controversy among
| the public-land States over the APP
j portionment OF the general appropri-
alton for public-land surveys.
1t will be so with the Territory
/ If Hawaii when II has to depend not
upon the Congress for the money
necessary, for the public service In
hat Territory, but will have to de
pend upon the department having
, the general appropriation for the ex-
penditure for a given service. That
| department. will be controlled more
i or less by the influences that can be
brought to bear from other parts of
the Union for a larger apportion-
nent, and the amount left, whatever
Is left, may 30 to the Territory OF
Hawaii, or 1t may get nothing at all
| Mr.. Campbell. Is not that mat
ter that Congress can take care Of?
Mr.. Tawney. That is the reason
[ want to strike 1t out.
Mr., Campbell II the department
ihould fail to do right, can not Con
gress say the department shall do the
right thing?
Mr.. Tawney. II the gentleman
will pardon me. In the naming OF a
general appropriation. giving the de.
partment discretion to use that APP
preparation as II sees At. the de.
partment does not violate any law II
II shows Partially in the distribu-
ton OF the fund. as is frequently
charged against the Land Office In
the aunOrt innmant NJ tho Qanaral a n