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Mr. BINGHAM, from the Committee on Territories and Insular Affairs, submitted the following

REPORT

[To accompany H. R. 10657]

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The Committee on Territories and Insular Affairs, to whom was referred the bill (H. R. 10657) to amend section 26 of the act entitled "An act to provide a government for the Territory of Hawaii,' approved April 30, 1900, as amended, having considered the same, reports favorably thereon and recommends that the bill do pass.

This is a bill to provide that the salary and mileage paid to the members of the Legislature of the Territory of Hawaii for each regular session shall be appropriated by Congress from the Federal Treasury. This is the procedure at present with respect to the Territory of Alaska, and was followed in the case of some of the earlier Territories. In 1927 the Legislature of Hawaii passed a concurrent resolution asking Congress to increase the Federal contribution toward legislative expenses, the language of which was as follows:

CONCURRENT RESOLUTION

Whereas the Federal appropriation for expenses of the Legislature of the Territory of Hawaii for the year 1902 was in the sum of $24,250; and

Whereas said appropriation continued in that sum until the year 1910, when it was increased to $30,000, and has continued in such sum until the present time; and

Whereas practically all costs involved in maintaining sessions of the Territorial legislature have increased tremendously since the year 1910, with the result that said amount of $30,000 is now entirely inadequate: Now, therefore, be it

Resolved by the Senate of the Legislature of the Territory of Hawaii, regular session of 1927 (the House of Representatives of the Territory of Hawaii concurring), That the Governor and the Delegate to Congress from Hawaii be, and they hereby are, respectfully requested to use their good offices toward obtaining a substantial increase in the Federal appropriation for expenses of the Legislature of the Territory of Hawaii; and be it further

Resolved, That certified copies of this resolution be forwarded to the Governor and to the Delegate to Congress from Hawaii,

The Territorial governor, Hon. Lawrence M. Judd, stresses the need for the legislation provided for in H. R. 10657 in the following letter:

The SECRETARY OF THE INTERIOR,

Washington, D. C.

MARCH 26, 1930.

DEAR SIR: This will acknowledge a letter from Hon. C. F. Curry, chairman of the Committee on the Territories, House of Representatives, addressed to you on March 13, 1930, which has been referred to me for consideration and report as to the necessity for and advisability of the enactment of the legislation contemplated in H. R. 10657. for its purpose an appropriation by the Congress to pay the salaries of the memThis bill, introduced by Delegate Houston, has bers of the Territorial legislature at $1,000 for each regular session, and mileage at the rate of 20 cents a mile, etc.

An act entitled "An act to provide a government for the Territory of Hawaii," approved April 30, 1900, as amended-the organic act-provides, as is set forth in H. R. 10657, that the members of the legislature shall receive for their services, etc., a certain salary in addition to mileage; and while it has been assumed that the United States Government would provide funds for meeting such salaries and mileage, such has not been the case, the revenues of the Territorial government being used each session of the legislature for such purpose.

An item of $30,000 has been regularly appropriated by Congress to meet the expenses of each regular session of the Territorial legislature. In so far as I am aware, there is no provision of law for the appropriating of that amount of money, although it has appeared regularly in the budget of the Secretary of the Interior and comes to us for each legislative session. appropriation may be found in the fact that appropriations were made by the A reason for that Congress for salaries of legislators and legislative expenses in the establishment of some of the earlier Territories, and we had therefore assumed that inasmuch as the precedent had been established and salaries of legislators as well as expenses of legislatures had been provided for some of the Territories, we could hope for similar appropriation for this Territory.

My position in the matter is that there is very definite necessity for the legisation, as contemplated by Delegate Houston. are limited; we are relatively new; the advancements we have enjoyed have of The revenues of this Territory necessity involved heavy outlay to the taxpayers of this Territory, and the time has not yet arrived when public works may be curtailed. I am of the opinion that the framers of the organic act contemplated meeting the salaries of the legislators by Federal appropriation. May I therefore express the hope, if it be found advisable to do so, that the department favor the passage of the bill?

Respectfully yours,

The Secretary of the Interior reports as follows:

Hon. V. S. K. HOUSTON,

Delegate in Congress from Hawaii.

LAWRENCE M. JUDD, Governor of Hawaii.

DEPARTMENT OF THE INTERIOR,
Washington, December 17, 1929.

MY DEAR MR. HOUSTON: I have your letter relative to the absence of legislative authority for Federal appropriations for expenses of the Hawaiian Territory Legislature. I assume that you intend to draft legislation to meet this problem. I shall be pleased to give my report on it when it comes before me. There seems to be no good reason for differentiating between Hawaii and Alaska in this respect.

Very truly yours,

RAY LYMAN WILBUR.

The actual expenses of the Legislature of the Territory of Hawaii for its 1927 session were as follows:

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Legislature, senate 15, house 30, total membership 45, at $1,000---- $45, 000. 00 Mileage at 20 cents per mile (actual total in 1927)_.

Plus statutory sums for special session if and when held.
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1, 608. 04

46, 608. 04

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Mr. BINGHAM, from the Committee on Territories and Insular Affairs, submitted the following

REPORT

[To accompany H. R. 11051]

The Committee on Territories and Insular Affairs, to whom was referred the bill (H. R. 11051) to amend section 60 of the act entitled "An act to provide a government for the Territory of Hawaii," approved April 30, 1900, having considered the same, report favorably thereon and recommends that the bill do pass.

This bill provides a perfecting amendment to section 60 of the Hawaiian organic act relating to the qualifications of electors and voters of the Territory of Hawaii by eliminating the word "male" therefrom. This perfecting amendment is necessary by reason of the passage of H. R. 10198, Mr. Fitzgerald's bill to repeal obsolete statutes and to improve the United States Code, in which section 618, title 48, of the United States Code of Laws is repealed.

The history of this legislation shows that the organic act originally passed for the Territory of Hawaii provided that electors and voters should be "male". By the act of June 13, 1918 (40 Stat. 604), Congress provided that the Legislature of the Territory of Hawaii might legislate the extension of the franchise to women. It is this section which is repealed in the Fitzgerald bill. Subsequent to this act of June 13, 1918, the nineteenth amendment was adopted, and being applicable to the Territory, it appears as though section 618 were no longer necessary. In the Supplement III to the Code of Laws of the United States of America, 1929 (title 48, sec. 617), on page 472, is found the following notation:

The nineteenth amendment to the Constitution of the United States, which is in effect in Hawaii (sec. 495 of this title), apparently supersedes the provisions of section 618 of this title, and the word "male" in line 3 of this section.

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