Newspaper Page Text
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KVKN1NU UULLSTIN, HONOLULU, T. It., MONDAY, JUNK C, 1910.
III I. it
tl vH.!:?rV rp1 310"
ORGANIC ACT DEBATE
(Continued from Pace 1.)
Is certainty nccil for nil rfrnonVlnie'rit
In Hint illtcclion If tho Intent of tin'
committee Is ns stated bjutliicjehnlr.
Mr. Hamilton. Tho second paragraph
relates to restrictions as to wlntt shall
be ijono with tho homestead after en
try or iiatcnt. Exrept In tho caso
of transfers by Inheritance nnd be
tvM.cn tenants in comnuin, transfers
citn not bo niado at all before the
homestead laws or patent Is obtained,
nnd oven after that can not lie made
to nn alien, coriiorntlon, or largo hold
er. The third l.iiitKraili siih that an)
land with respect to which nn of the
foregoing provisions bo violated shall
forthwith bo forfeited and rtwunio the
Htatus of public Innds and be lecovorcd
b' thu Territory, and so forth The
fourth paragraph relates to tho meth
od of ucqulrlng homesteads. Tho per
eons entitled to take under any micli
certificate jar leaso or agreement tdiull
public notice, us hereinafter provided.
Under tho present law there were
three methods, I think, of acquiring
homesteads. Onu by purrhnso at mic
tion, the second by standing In lino,
and tho testimony was that tho people
stood In lino two or thcec weeks. In
order to hold their positions; and It
provides for tho drawing by lot. Tho
firlii paragraph relates to certain spe
cial cases, nnd I leld to tho gentle
man from lown (Mr. flood) to make nn
The Chairman Does tho gentleman
from Michigan yield the floor?
lr.v Hamilton. I do not.
Tho Chairman. Tho Chair thinks
unless tho gentleman has unanimous
consent to continue his remarks ho
would do mi.
Mr. flood. Mr. Chairman, will tho
Mr. Hamilton. I yield to tho gentle
man. Mr. Good. With regard to tho
amendment which tho commltteo has
Inserted In section 5 of tho hill, lino
8 to lino 22, Inclusive, on pago 7,
refers to lands thnt havo been squatted
upon or settled and on which Improve
ments have been made. A largo num
ber of persons have, settled and built
homes upon the sldo of the mountntns
on tho Island of Oahu. largely within
tho city limits of tho city of Honolulu,
hml commonly called tho 'PunchlKHvl.'
These settlers nro largely Portuguese
They settled on tho sldo of this innun
tnln and have Improved It. They havi
Planted vlncvnrils and nio cultivating
these lands, which prior to their oc
cupatlon nnd cultivation, vvero,ot n
nccount. The) hnvo made their hunici
there. They nro reailng their fnm
Hies time and they nro cducntliiF
them in the schools of tho city, ant
from those homes the people of Mono
lulu look to see come some of thu best
citizens In the islands.
Now, they have had no legil rlghU
to such lands, and thu object of thli
amendment Is to give to these peoplt
who have Rono there nnd settled, on
these little p.ucels of land ami Im
proved and cultivated them n prefer
(ntlal right so far us homcstcjdliig li
concerned. That Is tho object of that
amendment. It wemed to us it er)
worthy object. Tjiese proplo, in man)
Instances, occupied these lands before
they became cltlrms or before the)
took out any of their papers, and at n
time when they had Jlttlo or no knowj
edge of their rights. The) have made
valuable Improvements on these pub
lie lunds, and when It comes to open
ing them up for homosteaillng, unit
they ought to be homestended, we
think thesn people who hav'o Improved
thee lands ought to have n piefer
entlnl right to them,
Mr. Hamilton, Parsing to section G,
which provides that section 81 be
amended to rend ns follows:
Sec, 8t. Thnl no person shall
sit ns n Judge or Juror In nny case
in which his relative by nihility
or by consanguinity within tho
third digrco is Interested, either
ns n plaintiff or defendant, or In
the Issuo of vvhlrh tho said Judgo
or Juror has, cither dliictly or
through smh relative, any pe
cuniary Interest; nor shnll any
person sit ns n Judge In nny caso
In which helms been of counsel or
on an appeal from any decision ,
or Judgment rendered' by him nnd
tho legislature of tho Territory '
mny add other causes of disquali
fication to those herein cnumsr
This section 84 of tho organic act
states tho disqualifications of tho
Judges nnd Jurors. Now, tho main ob-
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ect to the hmenitmcnt Is to add to
he disqualifications of the Judges that
.if having been counsel. Tho terri
torial Biiprcmo court has held thnt
that was not a sufficient disqualifica
tion, partly on the ground that it was
not n disqualification at common law
and partly on the ground thnt It is not
stated in tho stntute, nnd therefore
not n statutory disqualification, nnd
this language Is put In.
Mr. Dutler. Did the supremo court
of Hnwali reach that conclusion that
i Judge who had been of counsel In n
case might sit in Judgment on it?
Mr, Hamilton. Thnl is the testimony
of Judge Krenr, as I stated,
Mr. Ilutler. I think tho commltteo
did wisely to Include thnt among tho
Mr, Crunipacker. In reckoning this
relationship by affinity of consanguin
ity within tio third degree, as men
tinned In lines 17 nnd 18 upon what
theory do they reckon the degues of
relationship In Hawaii under the com
mon law or the civil law? Under the
common law tho theory Is to reckon
from thu descendant to tho ancestor,
each generation counting ns ono de
gree, while under tho civil law tho
U'ckonlng is from the remotest de
scendant to the common ancestor nnd
then down on either lino to tho per
son Involved, nnd each generation up
and each generation down counts n
Mr. Hamilton. It Is tho existing law,
which la tho common law method.
Mr. Cox of Indiana. What degrees
Mr. Hamilton. Wo hnvo the common-law
Mr, Cox of Indlnnn. As I recollect,
Indiana has the sixth degree.
Mr. Crumpacker. Tho third.
Mr. Cox of Indiana. It Is the sixth;
that Is tho reason I nsked.
"Mr. Crumpacker. Tho sixth degree
would bo very remote. Wo reckon thnt
to the common ancestor; then tho
third degree reaches tho second cous
in and tho third under the civil law.
Mr. Coy of Indlnna. 1 am under the
Impression thnt probably In Indlnna
It Is related to the sixth degree
Mr, Hamilton. Then section 7, by
authorization of tho commltteo, when
tho proper times comes, I shall move
to Btrlko that out.
Mr. Parsons. You arc not going to
continue section 7?
Mr. Hamilton. No; I shnll move to
strike it nut.
Mr. Mondcll. As soon ns It Is prop-.
or, I Intend to submit an amendment
to section 5.
Mr. Hamilton. We will have to go
through the bill and read it section
Mr. Duller. From tho fact thnt 1
have nlwn)s been moro curious to
rend that which is scratched out than
that which Is left In, 1 nsk tho gentle
man to tell us why ho proposes, to
remove Hint piovlslon7
Mr. Hamilton. There was n difficul
ty there, and It was thought that It
might bo lemoved by this piovlslun.
It nppears thnt under tho Hawaiian
law, cases wcro appealed from tho
circuit court to tho supreme court, and
I understand on all appeals tho cus
tom had been, nnd It Is now, for tho
supreme court not to enter final Judg
ment; but having passed upon part
of the exceptions, thcic Is n Judgment
to bo entered In tho lower courts. In
caso of Cotton v Hawaii, tho Supremo
Court of the United States held that
ono of those decisions of the supremo
court of Hawaii was not a final Judg
ment upon which nn nppcal could be,
taken to the Supremo Court. It was
thought nt first that that difficulty
might ho removed by this legisla
tion, hut after very careful considera
tion by the commltteo they found'thnt
it serious difficulty was Involved, and
wo thought It better not to have It In
Mr. Parsons. May I also suggest
that In addition to that tho change
that would havo allowed appeals from
Hawaii would have extended to whoro
they woro not allowed to Porto 'Illco,
Alaska, nnd so on.
Mr. Hamilton. That point was
Mr. Good. That was ono reason
Why It was eliminated.
Mr. Hamilton. Now, as to section
8. It provides.
Sec. S. That section 91 of said
net Is hereby Amended to read as
"Sec. 91, That, except ns oth
erwlso provided, tho public prop
crty ceded and transferred to tho
United States by tho Republic of
Hnwnli under tho Joint resolution
L of annotation, approved July 7,
ibhb, snail oc anu reninin in mo
possession, use, and control of
tho government of tho Territory of
Hawaii, and shall bo maintained,
managed, and cared for by It, at
Its own expense, until otherwiso
provided for by Congress, or tak
en for tho uses and purposo of
tho United States by direction of
tho President and tho flovcrnor
The-explanation of that Is thnt sec
tion 91 ofMho organic net which pro
vided that tho public property ceded
to the United States upon annexation
remains in control of the Territory
subject to tho power of the President
or tho flovcrnor to set aside jiortlons
of it from time to time ns required for
tho uses and purposes of tho United
States. The real properly may be sold
or leased (by territorial officers under
tho Hnwrillnn lawn, which were con
tinned In force by sections 73 and 75
of the organic act, and tho personal
property may likewise bo sold or leas
ed by territorial officers under tho au
thority of the act of 190G nnd the' pro
ceeds of all such sales and leases go
Into tho Hawaiian treasury.
That Is. this property now belongs
practically and equitably to tho Terri
tory except that the technical and
legal title Is In tho United States, and
n needed portion may bo set asldo by
the Prcsldont and Governor for tho
use of the United States.
Section 9 relates to salailes. It
speaks for itself. It provides that the
following officers shnll rccelvo the fol
lowing annual salaries, to be paid by
the United States: Governor, $10,000.
Ho now gets 15000.
' Mr, Ilutler. Mr. Chairman, will the
Mr. Hamilton. I will yield to the
Mr. Ilutler. I bupiioso tho commit
tee considered n" salary of $10,000 for
tho governor not excesslvo; otherwise
they would not. havo reported It.
Mr. Hamilton. I will say that It
docs raise a question in tho mind of
nny man not familiar with tho con
ditions In Hawaii. The governor of
Hawaii has no mansion, as It is called,
given him; ho must entertain every
body that comos that way. It Is a
common description of Honolulu that
It Is tho crossroads of tho seas. There
fore every prince or potentato In the
Orient tins to bo received and given
Mr. Dutler, Lodging, or bed and
Mr, Hamilton. Entertainment at
tho governor's oxpenso,
-Mr. Tnwney, Do these potentates
and officials request tho entertain
Mr, Hamilton. Oh, uo; but the gen
tlcman from Minnesota understands
the situation nnd that it haB become
the custom, I think that tho gentle
man from Minnesota was thero nt ono
time himself, and ho Is a good doat of
a potentate. (Laughter.)
JJr, Tnwney. I have not been there
since the Territory was annexed. I
was thero when it was a republic,
but I was not entertained.
Mr, Butler. Was the gentleman en
tertained ut tho table of tho gover
nor? Mr. Tawney. No; thero was uo gov
ernor then; It was before uuuexntion,
Mr. Hamilton. I want to say fur
ther that not Infrequently by cable
fiom -the State Department the
governor of Hawaii Is called upon to
furnish pntertalnmont to these notable
people, nnd It constitutes n heavy
drain on his resources.
Mr. Hutlor. Docs tho committee
' lycopuuoud this LoiupeutJuttuu to the
f mniii iraiw-ffflnT iitiwi
1"."J I"il'l..l-J lit, I tU'Jffll' U)U I'.JIXg?
one thing it is the impossi
bility of changing the habits
and customs of people by
legislation. These changes
i, i it
come about by education
and not by force: 'Prdhibi
tion is an attempt to settle,
at one fell swoop, a problem,
that is being worked
naturally and normally.
governor becauso he. :s required to
furnish this entertainment or to com
pensate htm for the official duties he
Mr. Hamilton. It recommends It on
account of tho official duties ha per
forms, nnd wo take Into account the
further fact that under the peculiar
conditions existing In Hawaii the gov
ernor can not begin to .lire on the
Mr. Ilutler. Did the commttteo do
tcrmlno how much ho ought to hnvo
for the performance of his official du
ties and how much fur bed und board
and other entertainment? J
Mr. Hamilton. I do not think the
question of bed nnd boatd was spe
Now, wo recommend that tho secro-,
tary oi tno Territory havo xiuuu. lie
now gets $3000. Thero Is another
thing that I did mention somo time
ago in connection with the salaries
of tho legislates, and that Is that the,1
cost of living in Hawaii Is very high
Indeed. All tho staple necessities of
life liuva to bo shipped thero, und ov
er) thing Is much higher than It Is
here. Another thing, these people con
tribute very largely to tho Treasiiry of
the United States.
Mr. Ilutler. The Scuato, I see, fixed
the Bulary of the governor at $7000,
and the gentleman's commltteo rulsed
It to $10,000.
'Mr. Hamilton. Yes; our commltteo
raised It to $10,000.
Mr. Ilutler. Tho committee does
not intend to reflect upon tho wisdom
of tho- Senate when It Increased tho
salary to $10,000.
Mr. Hamilton. Wo did not reflect
upon tho wisdom of tho Sonata,
Mr. Dutler. Let me Inquire If this
Increase ojBalary Is becnuso.the mem
bers of IIM conimltteo visiting the Isl
and felt sorry for tho governor having
to piovldoVo much bed and board 7
Mr. Htthillton. Was tho gentleman
from Pennsylvania over lu tho Island
Mr, Ilutler. No; I novcr was so far
Mr. Hamilton. I think It the gen
tleman weut out there ho could not
help being Impressed with the tacts
as I havo stated.
Mr. 'Macon. Will the gentleman
yield for a question?
Mr. Hamilton. For a question.
Mr. Macon, Is this salary to be paid
out of tho revenues of the Territory of.
Mr. Hamilton. It Is pald'by the
Fedoral Government out of the rev.
enues derived from Hawaii,
Mr. Macon. I am disposed to allow
people to use their money as thoy seo
fit. For Instance, If tho people of tho
Stnte of Pennsylvania wanted to pay
their governor v$100,000 a year out of
the reveuuos of thut Stato, I would
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havo no objection to It whatever.
Mr. Mann. Oh, tho govcrnor'B nal
nry is not paid out of tho revenues of
Mr. Macon. It tho salary Is to bo
paid out of the revenues of Hawaii, lj
woum not ouject, but if tho American
people are ta bo called upon to pay
this exccutlvo $10,000 a year to act
as governor for 175,000 people, I shall
object to It most seriously.
Mr. Kalanlanaolc. I might say to
tho gentleman that formerly, when
Hawaii was a Itopubllc, w6 paid a
larger salary to our president than
)ou arc pa) lug now to our governor. t
Mr. Macon. Well, If )ou did, the,
pcoplo wasted their money, I think,
when they paid that price for the
Mr. Kalanlnnaolo. This Government
Is getting frcthe llttlo countiy ono
million und a half dollars a year, und
sho Is not spending' for that llttlo Ter
ritory more than, I suppose, $200,000 ,n
car. , , , J
Mr. Mann. And sho Is admitting the
sugar of Hawaii U this country free-
Mr. KalantanaoleV As Hawaii Is a
part of this country, our sugar Is pro
duced within tho country.
Mr. Mann. Which Is worth moro
than u million and u half to Hawaii.
Mr. Kalantuuaole. It Is not a favor
to admit our products free any moro
than It Is the products of Arizona or
Mr. Good. Is not Hawaii a part of
tho territory of tho Uqltod States?
Mr. Maun. Dut the gentleman com
plains becauso wo get a million and
a half dollars a yoar, ns he says, from
tho Territory of Hawaii.
Mr. Kalanlanaole, Oh, I am not com
plaining. Mr, Mann. Jltike gentleman xl&
'not complaining, all rfcht. 9 i
Mr. Kalanlttjinoe. I am illsprovlng
the statement 'ttlat.tho'Anib'rlcan peo
ple are paying for" It, amtam show
Ing that Hawaii pays many times the
sum expended for us annually by the
Federal Government. ' '
Mr, Macon. Mr, Chairman, will the
Mr. Hamilton. Ves.
Mr. Macon. Mr. Chairman. In
answer to what the Delegate from Ha
waii has Just said, I will state that In
my humblo Judgment no Territory or
any other kind of possession that Is
attached, to tho United States ofi
America has heretofore or are now
i conferring greater ucnents upon tne
Uulted 8tntcs than the Uultcd States
Is conferring upon thorn, Therefore,)
when 'ho Insists that tho Territory of
Hawaii Is a creditor of tho Dntted
States, he states something that I can
not accept. 1 believe tho Territory of
Hawaii Is n debtor to the United
States at this time. When I roso, It
, was for the purpose of finding out
- A- 5 .. , - I
whether, this, salary 'wis to bo paid
out of tfio revenues of tho 'Territory
of Hawaii or out of the revenues of
tho United States, not to discuss the
boncflts that-have, como to clthor tho
United States or Hawaii by reason
of Its nnnoxation to tho United States.
Mr. Kalanlanaolc. It comes out of
the Federal Treasury.
It Is estimated that over six hun
dred pcoplo attended tho annual mu
slpaj icrvjc $tCntral Union church
lantJnlghr and iVla-tno opinion of-all
that It was tho grandest musical offer
ing that has over been offered to the
Thej Introductory number, an organ
recllaj.'by W. JCaflifVlnccnt, compos
cd of selections of his owu and of
othor composers, was certainly one of
tho grandest over listened to.
The chorus ot.mon was a mingling
of voices thnt wis 'harmony Itself, and
tho offering of Miss LJndeman and
Mrs. Weight was as near perfection
as is possible to arrive In that lino
Miss Llndenian favored with the on
ly boIo of tho evening. Hoffman's "By
the Wutcra of Dabytou."
A soinl chorus gave Schubert's
"Shades of Kvo Are Falling." and Mr.
Hall and Mlsrf Llndoman, with tho
choir, followed with Gounod's "Sane-
tus and Bencdlctus.'
Miss Clarke closed the service with
tho organ postludo, Lemmens music
being scIoVid. t
f'Tlie cJorus; Which was one of the
mos"' dltlnjlsfcd Jbat has been
"heard here Tor sonfe tlmo was com-
posed of tho following;
Saprano Miss Cbarlotto Hall, Miss
Deatrlco liarbaugb, Miss Martin
Hitchcock, iyiss Eva Llndoman, Mlsa
Annie Macaulay, Miss Julia Peabody,
MIsb Kate Reynolds, Miss Estelle Roe.
Miss Carolyn Sheffield, Miss Ada Ste
vens. Alto Mrs- Charles Baldwin, Miss
Jennie Maaaulay, Miss Jossle Mc-
Cormlck, Miss Harriet Needham, Miss
Laura Morrill, Miss Thora Oss, Mrs.
C. 8, Weight.
Tenor Chus. Ualdwln, K. D.
names. Phllln iiii. r.hvir iinm,
Edwin Murray, Carl'NIeper, Arthur
Wall, B. E. Porter,
Bass Carl Andrews, Geo. A. Brown,
Harold Clark, A. E. Larimer C. E.
Livingston, C. O. Livingston' 8. C.
Livingston, Dr. H. P. Nottage,' Clifton
i m, ,
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