HomeMy WebLinkAboutCOM 0107.005 2010-2012 Submitted by Dwight Vicente
March 1, 2011
Proceedings of the
CONSTITUTIONAL
CONVENTION OF HAWAII
1950
Volume I
JOURNAL AND DOCUMENTS
Published under the supervision of the
ATTORNEY GENERAL'S OFFICE
and the
PUBLIC ARCHIVES
State of Hawaii
HONOLULU, HAWAII
1960
Comm No. /0 7 • S
Ref. To:
Ref. Dote ' M R 1 2
Delegates and Committees
CONVENTION OFFICERS
President .............. Samuel Wilder King Vice - President .......... Arthur D. Woolaway
Vice - President ............. Hiram L. Fong Vice - President ............ Charles A. Rice
Vice - President ........ Thomas T. Sakakihara Secretary ................. Hebden Porteus
ELECTED STAFF
Chief Clerk ............ Mrs. Ellen D. Smythe Sergeant -at -Arms ........ Charles J. Brenham
Assistant Clerk ..... Mrs. Ethel C. Chillingworth Sergeant -at -Arms ........... H. F. Kuhlman
Chaplain ............... Rev, Henry P. Judd
DELEGATES TO THE CONVENTION
Numbers and letters preceding delegates' names indicate position in photographs.
FIRST REPRESENTATIVE DISTRICT: 54. Nils P. Larsen, Honolulu, Oahu
4. Nelson Kyoshf Doi, Hilo, Hawaii 14. Herbert K. H. Lee, Honolulu, Oahu
B. W. Harold Loper, Honolulu, Oahu
15. Teruo Ihara, Honokaa, Hawaii D. John R. Phillips, Honolulu, Oahu
C. Frank C. Lutz, Papaikou, Hawaii
27. Richard J. Lyman, Jr., Pahoa, Hawaii E. Hebden Porteus, Honolulu, Oahu 47. Harold S. Roberts, Honolulu, Oahu
1. Tom T. Okino, Hilo, Hawaii 55. C. Nils Tavares, Honolulu, Oahu
6. Thomas T. Sakakihara, Hilo, Hawaii 33. Henry A. White, Honolulu, Oahu
8. James Kiyojf Yamamoto, Hilo, Hawaii
38. Takao Yamauchi, Hilo, Hawaii 14. Benjamin O. Wist, Honolulu, Oahu
SECOND REPRESENTATIVE DISTRICT: FIFTH REPRESENTATIVE DISTRICT:
28. Peter Kawahara, Holualoa, Hawaii 21. Trude M. Akau, Honolulu, Oahu
52. Earl A. Nielsen, Kealakekua, Hawaii 48. Edward C. Bryan, Ewa, Oahu
57. Sakutchi Sakai, Kohala, Hawaii 53. George Dowson, Wafanae, Oahu
F_ Charles H. Silva, Kohala, Hawaii 51. Hiram L. Fong, Honolulu, Hawaii
34. Yasutaka Fukushima, Wahiawa, Oahu
THIRD REPRESENTATIVE DISTRICT: 43. James F. Gilliland, Honolulu, Oahu
A. Marguerite K. Ashford, Kaunakakai, Molokai 50. Edward B. Holroyde, Kahuku, Oahu
3. J. Pia Cockett, Wailuku, Maui 7. Frank Y. Kam, Honolulu, Hawaii
36. Kazuo Kage, Wailuku, Maui 13. Masao Kanemaru, Wahiawa, Oahu
20. Harold T. Kido, Lahaina, Maui 45. Charles E. Kauhane, Honolulu, Oahu
40. Harold W. Rice, Wailuku, Maui 5. Samuel Wilder King, Honolulu, Oahu
16. W. O. Smith, Puunene, Maui 18. Chuck Mau, Honolulu, Oahu
30. Richard St. Sure, Paia, Maui 2. Steere G. Noda, Honolulu, Oahu
32. Cable A. Wirtz, Wailuku, Maui 31. Frederick Ohrt, Honolulu, Oahu
35. Arthur D. Woolaway, Puunene, Maui 44. Herbert M. Richards, Honolulu, Oahu
42. Clarence Y. Shimamura, Waialua, Oahu
FOURTH REPRESENTATIVE DISTRICT: 41. Arthur K. Trask, Honolulu, Oahu
34. J. Garner Anthony, Honolulu, Oahu 11. James K. Trask, Honolulu, Oahu
49. Samuel K. Apoliona, Jr., Honolulu, Oahu SIXTH REPRESENTATIVE DISTRICT:
23. Alexander H. F. Castro, Honolulu, Oahu
46. Ann H. Corbett, Honolulu, Oahu 10. Matsuki Arashiro, Kalaheo, Kauai
29. Flora Kaai Hayes, Honolulu, Oahu 56. Randolph Crossley, Kapaa, Kauai
25. William H. Heen, Honolulu, Oahu 12. H. S. Kawakami, Waimea, Kauai
24. Elizabeth R. Kellerman, Honolulu, Oahu 26. Jack H. Mizuha, Koloa, Kauai
22. Katsumi Kometanf, Honolulu, Oahu 17. Charles A. Rice, Lihue, Kauai
9. John K. Lai, Honolulu, Oahu 37. Toshio Serizawa, Lihue, Kauai
xiv
rs
GOVERNOR'S MESSAGE NO. 1
361
his seat be declared vacant, and the Governor be re-
Alexander Castro Tom T. Okino
quested to fill the vacancy in the manner provided by law. Frank C. Luiz
Harold S. Roberta
Benjamin O. Wist, —Apni 18, 1:?5o Chuck Mau Arthur K. Trask
1. Garner Anthony Frederick Ohrt Arthur D. Woolaway
Chairman Marguerite K. Ashford
S. Governor's Messages
GOVERNOR'S MESSAGE NO. 1 The people of Hawaii have shown skill and ability in
local self- government. For more than one hundred years
I wish to welcome the members of this Convention and Hawaii has had constitutional government and for approxi-
assure you that I will be only too glad to assist you in any mately 50 years the Territory has had complete local self -
way within my power, government except for the appointment of the Governor,
Today is a momentous day in the history of Hawaii, a the Secretary, and the Judges. The Legislature has exer-
day looked forward to by the people of Hawaii since the cised general legislative power, subject only to the restric-
Newlands Resolution of 1898 which effected the admission tions of the Organic Act and the United States Constitution.
of Hawaii to the United States. The Newlands Resolution The Territory is a modern unit with an economic, social
contemplated an Organic Act which would complete the in- and political status of the highest order. It is and has been
corporation of Hawaii as an integral part of the United States. for many years entirely self- supporting, paying all the ex-
This was enacted in April 1900 and under it Hawaii resem- penses of the Territory and County governments except the
bles in every respect the territories created in continental salaries of the legislators and those officers appointed by
United States by the Northwest Ordinance of 1787 and other the President.
acts setting up territorial governments as a preliminary to The people have shown a keen interest in public affairs
statehood, with a larger percentage of registered voters voting in
By the Organic Act of 1900 giving Hawaii territorial elections than in any state in the Union.
status, Congress then and there commtted the United States As long ago as 1937 a congressional committee found
to the ultimate granting of statehood to Hawaii. A long line that 'Hawaii has fulfilled every requirement for statehood
of decisions of the United States Supreme Court sets out heretofore exacted of territories' but recommended a
`the ephemeral nature of a territorial government' and plebescite of the voters be held. Such a plebescite was held
statehood as the ultimate destiny of a territory. Mr. Justice in 1940 with two -thirds of the votes for statehood.
White, to Doums v. Biddle, said 'Since the constitution pro - In December 1941 came the outbreak of World War 11
vides for the admission by Congress of new states, it pro- with an attack on Hawaii. The Territory had set up a full
perly may be said that the outlying continental public domain, scale organization for civilian defense which went into
of which the United States was the proprietor, was, from the immediate action on December 7th. In less than two hours
beginning, destined for admission as a state or states into after the attack, civilian first -aid units, well equipped and
the Union; that as a preliminary step towards that afore- well staffed, were in active service. The Civilian Defense
ordained end —to tide over the period of ineligibility —Con - also had on hand a blood bank which saved the lives of
gress, from time to time, created territorial governments, hundreds of our wounded soldiers and sailors.
the existence of which was necessarily limited to the period The record of Hawaii throughout the dark days that fol-
of Pupilage•' Again, this same court has pointed out 'a lowed December 7th bespeaks the loyalty, fortitude and
territory under the constitution and laws of the United States energy of its people. When the history of that period is
is an inchoate state.' written the activities of the civilian volunteers, men and
During the 50 years that Hawaii has been a part of the women, will be a record of which Hawaii may be justly proud.
United States, 50 years of pupilage, Hawaii has increased and Our citizens of every race and every color also served in
developed in wealth and in population so that under the last the armed services, Army, Navy and Marine Corps, in the
census it exceeded four states in population, was comparable Merchant Marine, and in war work of every kind and de-
to four other states, and had an assessed value in property scription. The roll of Hawaii's honored dead throughout the
greater than any state at the time of admission, with the ex- word is proof positive of the loyalty of Hawaii's sons and
ception of Oklahoma, their patriotism was not measured by the color of their
I need not review for you Hawaii's economic development skin. Our populations tested by the fire of battle and the
but in addition to its economic development Hawaii is in trials of war, both at home and abroad, were not found want -
every respect a modern community, maintaining a high in g
standard in government service. It has a high standard of The war threw more light
health and for a number of years has had a lower death rate of our o upon the loyalty and patriotism
than any state in the Union. The maternal mortality rate and settled for o all time a question thathad the cause of
has been less than that of the average mainland state for the concern to many sincere democratic citizens who honestly
last seven years; it is continuing to decline. Our schools questioned whether children of non -Caucasian parents, of
are well equipped and well attended; our teachers are far alien cultures, of alien religions, of many races, could be
better paid than the average teachers in mainland United truly knit by a common idealism into a nation. The situation
States schools. Hawaii has progressive labor laws and a here had no precedent in the older states where the alien
well- organized Department of Labor. It has an apprentice - population in such states had the same religions, customs,
ship program, a child labor law, a minimum wage and maxi- habits and ways of thinking, more or less common with that
mum hours work law, and workmen's compensation laws, of its citizens. No state had had to absorb and deal with a
362
JOURNAL DOCUMENTS
large group of Asiatic aliens who could not be naturalizes enactments however desirable you may consider such legis-
under our existing laws and whose very religions in many lation.
cases were foreign and strange to us. However, during the In conclusion, I wish to read a radio (message! to you
years preceding the war there had been tremendous changes from the Secretary of the Interior;
in our population since annexation, changes climaxed by the
war. Our public schools, our boy and girl scout organizations, Please extend to the presiding officer and members
and all of our free and democratic institutions had been of the Constitutional Convention meeting on April Four
gradually but efficiently Americanizing each of the coming the greetings and cordial good wishes of the Interior De-
generations. Hawaii proved to be truly a melting pot with partment and the Administration as they undertake the
much more than a third of its marriages inter - racial. This important task for which they have been chosen. The
is especially conspicuous among the Japanese for, at the very high caliber and often demonstrated interest in
time of annexation, marriage among the Japanese people public affairs of the elected delegates is a guarantee
outside of their own race was unheard of; in the meantime that the results of their labors will be a constitution
our percentage of citizenship population had increased from fully responsive to the needs of Hawaii and fully within
less than 40% to more than 85% and, as stated, the war re- the great traditions of American Democracy. Such a
moved all doubt of the thorough Americanization of our peo- Constitution will be the indispensable basis of the Gov -
ples of all races. In this connection I call to your attention ernment of the new State of Hawaii which I am hopeful
that Hawaii not only furnished its quota under selective Will be approved by the present Congress and will be
service, but by voluntary enlistment it raised a battalion of convincing evidence to the American people and the
infantry among those of Japanese descent which finished the world that Hawaii is a mature and responsible member
war with an outstanding record and was one of, if not the of the great American partnership of self - governing
most, decorated units of the American Army. democratic communities.
Suggestions from certain individuals from time to time
to place the Territory of Hawaii under naval or military
control or some form of commission government calls to GOVERNOR'S MESSAGE NO. 2
our attention that our existing rights of local self- govern-
ment can be secured only by statehood as under a territori- Territory of Hawaii
al status Congress may modify or completely repeal the Executive Chambers
Territorial Organic Act. Honolulu
Equally important with making secure the existing rights
of local self - government is a representation in national af- April 12, 1950
fairs. With merely a voice in the House of Representatives, Hawaii State Constitutional Convention
and neither voice nor vote in the Senate, it is difficult to se-
cure due consideration and prevent discrimination against Samuel Wilder King, president
Honolulu, Hawaii
us in national legislation. Thousands of young men of these
Islands were drafted during World War II though neither You are hereby notified that, pursuant to the power vested
they nor their parents had any voice in the passage of the in me by Section 2 of Act 334, Session Laws of Hawaii 1949,
draft act, nor vote in the declaration of war which sent them I have this day appointed John R. Phillips who is an elector
into battle, of the Combination of Precincts 11, 15, 16, .17, 18, 24 and
The citizens of Hawaii pay Federal taxes on exactly the 32, Fourth Representative District, to fill the vacancy
same basis as do the citizens of a state, yet they have no vote caused by the resignation of Mr. Richard M. Kageyama.
either in the levying of the taxes or in the disbursing of the Sincerely
revenues. These conditions are contrary to traditional yours,
American principles. No taxation without representation, INGRAM M. STAINBACK
no government without the consent of the governed, are Governor of Hawaii
axioms as much alive and as important to the people of Ha-
waii today as they were to the Revolutionary fathers who
first gave them utterance, and these principles are particu-
larly applicable when we remember that the overwhelming GOVERNOR'S MESSAGE NO. 3
mass of the residents of Hawaii are citizens of the United
States, citizens whose loyalty, patriotism and ability in Territory of Hawaii
self - government cannot be questioned. Executive Chambers
As previously stated, a territorial government is a trans- Honolulu
itory one, tolerable for a reasonable period but should be April 21, 1950
endured no longer than is necessary to show that the people Honorable Samuel Wilder King
of the Territory are loyal citizens of the United States and President, Constitutional Convention
capable of self - government. That time has come. The House of Hawaii of 1950
of Representatives has so decided, the President of the Honolulu Armory
United States and the Secretary of the Interior have endorsed Honolulu, T. H.
statehood for Hawaii, the Legislature of Hawaii has petitioned
for statehood, the people of Hawaii have voted for statehood Dear Mr. King.
and now your actions here will largely determine whether This will acknowledge receipt of your letter of April 20,
statehood will be granted now or be further delayed. I have 1950 addressed to the Governor, in which you advise him
every confidence that you will meet this test and prepare that a vacancy exists in the membership of the Hawaii Con -
for Hawaii a constitution of which we may be justly proud; Etitutional Convention because of the disqualification and
and, if I may add one word of advice, make it truly a frame- subsequent expulsion by the Convention of Delegate Frank
work for government and do not clutter it up with legislative G. Silva who represented Precinct Combination BB (Pre-
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THE
HAWAIIAN REPUBLIC
(1894 -98)
AND
ITS STRUGGLE
TO WIN
ANNEXATION
BY
WILLIAM ADAM Russ, JR.
Professor of History
Susquehanna University
SUSQUEHANNA UNIVERSITY PRESS
SELINSGROVE, PENNSYLVANIA
1961
20 The Hawaiian ReQublie (x894-98)
Establishi
to tape official notice of the n
Papers to residents who did not wish to give up their original a member of the Advisory Cc
allegiance. Damon and Hartwell, however, believed that such the national groups that took
large groups of inhabitants as the Chinese and Japanese ought to guese. The Advertiser maintai
have some way of making their desires heard. Armstrong likewise not naturalize a foreigner, a
thought they were "too important to be left to themselves [and] sure. Upon inquiry from the
they will be heard in some way." Robertson disagreed: "Asiatics wa
would not deprive the
must be shut out; [the] convention will shut them out; [it] must Council said that the oath n of 4 deprive th th wa
be done." Thurston suggested referring the matter to a committee, o uld Consequently,
which at once proceeded to wrestle with the question. Then the s ently,
informed the Council that
problem of the Portuguese came up. Thurston wanted them to be delegates to the convention,
they not aonve tl
enfranchised because they had supported the Provisional Govern- thn their
ment, and Hartwell thought that a government which excluded the that io
ecisn
The d oath d
them would be "beneath contempt." McStocker, however, said they dads n that the the i
were ignorant and dangerous. Alexander answered: "I believe in questionable, g
the Portuguese. Their Consul has stood by us." Thurston summed true allegiance to the Provisi
up his feelings about who should vote in the following way: "We many Americans were not sati
Lion of Americans because the
inade a failure in 1887 —We tried to do with low grade voters. ship if the accepted the oatl
Boards will be too lenient in examination, instead of being too P Y P
strict. We should fix the qualifications high.'" an American national who su
acceptance of such an oath w
* * * * * citizenship, because the Unite
During this time, registration and elections were taking place. allegiance. Annexationists w
All loyal supporters of the Provisional Gevernment were registered because it cut down the numbo
if they showed their loyalty by taking the following oath: The oath also aroused the R
declaring that a Kanaka mu
I _____ _ --- _ --------- , aged, __________ years, native of Starve!", called registration "
_ ____, residing at _— _, in said Distri ct, do sill letin divested itself of some
emnly swear in the presence of Almighty God, that I will
support and bear true allegiance to the Provisional Gov- "This is constitutional govei
ernment of the Hawaiian Islands, and will oppose any themselves, then they electec
attempt to reestablish monarchical government in any eighteen. " In a meeting or
form in the Hawaiian Islands.
° Minutes of the Executive Cour
The oath thus required caused no little difficulty because there April 26, 1894, M &E.
were so many noncitizens in the islands. For instance, what was ° April 12, 1894.
Minutes of the Executive Cow
the meaning of the word "oppose" in the oath? So widespread " 6 EAC, April 25, 1894.
was the objection to the wording that the Executive Council had I Sen. Ex. Doc. 8,5 (53 Cong.
Hatch., April 28, 1894, M &E.
"Minutes of the Executive Council, May 15, 1894. 'Advertiser, May 12, 1894.
'Enclosed in Willis to Gresham, No. 47, April 5, 1894, Despatches; ° April 3 and 23, 1894.
printed in Sen. Ex. Doc. 85 (53 Cong. 2 Sess.). 'April 9, 1894.
Geo. C. Potter to J. A. Palmer, March 19, 1894, President's Files.
L_
14 -
Establishing the Republic 21
to give up their original
to take official notice of the matter, particularly when Emmeluth,
ever, believed that such a member of the Advisory Council, refused to register. One of
and Japanese ought to the national groups that took a diffident attitude was the Portu-
-se a Armstrong likewise guese. The Advertiser maintained that subscribing to the oath did
to themselves [and] not naturalize a foreigner, and yet the Portuguese wanted to be
. left left disagreed: "Asiatics sure. Upon inquiry from the Portuguese League, the Executive
shut them out; " must Council said that the oath was not an oath of naturalization, and
the matter to a committee, would not deprive the Portuguese of the protection of their own
the
question. Then the Government. 84 Consequently, the Portuguese at a mass meeting
,urston wanted them to be informed the Councils that they would take the oath to vote for
the Provisional Govern- delegates to the convention, with the understanding that in so doing
d
d the r which excluded they were not abjuring their Portuguese citizenship.
however, said they The decision that the oath did not naturalize the taker was very
Mocker, howev
:r answered: believe in questionable, considering the fact that it included the words "bear
by us." Thurston summed true allegiance to the Provisional Government." For that reason
a the following way: "We many Americans were not satisfied. Willis reported a thin registra
tion of Americans because they were afraid of losing their citizen -
3o with low grade voters.
tion, instead of being too ship if they accepted the oath. He asked Gresham the status of
high an American national who subscribed to it. Gresham replied that
acceptance of such an oath would cause an American to lose his
* citizenship, because the United States did not believe in perpetual
ections were taking place. allegiance. Annexationists were of course critical of this ruling
,evernment were registered because it cut down the number of desirable voters 8
the following oath: The oath also aroused the Royalists. The native sheet, Holomua,
declaring that a Kanaka must "Register as a P.G. Voter, or
years, a native of starve!", called registration "The Mammoth Fraud. The Bul-
i said District, do sol- letin divested itself of some "Registry reflections" as follows:
nighty God, that I will
� the Provisional Gov- "This is constitutional government! First, the thirteen elected
and will oppose any themselves, then they elected the electors, and then elect the
l government in any eighteen. " In a meeting on April 9, between two and three
B° Minutes of the Executive Council, April 2, 1894; Thurston to Hastings,
tle difficulty because there April 26, 1894, M&E.
Is. For instance, what was 'April 12, 1894.
the oath ? So widespread "Minutes of the Executive Council, April 16, 1894.
the Executive Council had " EAC, April 25, 1894. "Sen. Ex. Doc. 85 (53 Cong. 2 Sess.) ; and enclosures in Hastings to
Hatch, April 28, 1894, M &E.
15, 1894. "Advertiser, May 12, 1894,
7, April 5, 1894, Despatches; " April 3 and 23, 1894.
3s.). ' April 9, 1894.
19, 1894, President's Files.
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