Convention President Samuel W. King signs the Constitution as Conven tion Secretary Hebden Porteus looks on. Standing, from left, Delegates Kazuo Kage, George Dowson, Steere G. Noda, Ann H. Corbett, Arthur D. Woolaway, and Flora K. Hayes. —Honolulu Star-Bulletin photo Proceedings of the CONSTITUTIONAL CONVENTION OF HAWAII Volume I Proceedings of the CONSTITUTIONAL CONVENTION OF HAWAII 1950 Published under the supervision of the ATTORNEY GENERAL’S OFFICE and the PUBLIC ARCHIVES State ofHawaii HONOLULU, HAWAII 1960 CERTIFICATE I, Hebden Porteus, hereby certify that this volume (with certain changes specified in the Editors’ Notes) incorporates the official Journal of the Hawaii • State Constitutional Convention of 1950 as prepared from day to day and signed by me as Secretary of said Convention and as approved in writing by Samuel Wilder King, President of said Convention. Honolulu, Hawaii September 21, 1959 Pu~d~cc~flon cwtho;lzed by Act ~3, Session Laws of HawaII, 1960. 60—55398 PREFA CE BACKGROUND into the union. Hawaii had been ready for many years and by the generally acceptable standards should have Almost ten years have elapsed since the constitu been enjoying a degree of self-government commen tional convention met and drafted the basic law for surate with the 48 states. the state of Hawaii. The delegates first met on Congress, however, had repeatedly failed to pass April 4, 1950, and the document which they agreed an enabling act to permit Hawaii to achieve statehood. upon was signed on July 22, 1950. More than 110 Many bills had been introduced in the Congress of days elapsed during the period of the deliberation the United States. Numerous congressional commit of the delegates to the convention. Of this period tees had investigated Hawaii’s qualification. Many 78 days were devoted to actual working sessions, committees had visited the islands and obtained which included the debates and other formal actions first-hand information to support Hawaii’s claim leading to the formulation and adoption of the consti for statehood. However, it was not until June 30, tution. 1947 that the House of Representatives passed a bill, It may not be out of place, in view of the passage by a vote of 197 to 133, to enable Hawaii to become of time, the importance of the constitution and the a state. interest of the community, that we briefly note the In January 1948, the Senate Committee on Interior organization, operation and some of the problems and Insular Affairs directed Senator Cordon of Oregon of the Hawaii Constitutional Convention of 1950. We to make an investigation of Hawaii’s statehood quali believe this will be of interest not only to political fications. The investigation was made in January, scientists, but also to many citizens who will be 1948. Senator Cordon supported the recommenda affected by legislation because of our new position tions of previous congressional committees and him as a state. self recommended that the United States Senate take It is hoped that this brief discussion, which deals immediate action favorable to statehood. His report wit1~ the background of the convention, the election stated in part: of the delegates, the steps taken to organize the con Any other recommendations would be inconsis vention, as well as the procedures followed in the tent with the facts and evidence disclosed dur actual drafting of the document, will provide a useful ing the investigation, the desires of Hawaii’s background to better understand the constitution, a people and the conclusions reached by the last document which was designed to reflect the needs of two Congressional Investigating Committees. Hawaii and at the same time incorporate some of the best practices and policies of other states, particular Additional hearings were held by the Senate Sub ly those which had recently made major revisions of Committee on Interior and Insular Affairs on April their constitution (New York, Missouri and New Jer 15, 1948, but no report was issued. An effort was sey). made by Senator Knowland of California, by resolu We will not attempt to discuss the efforts to achieve tion, to discharge the committee and to have the statehood. A study of the history of the statehood statehood issue come to the floor directly. On May movement by Professor Charles Hunter of the Univer 20, 1948, the Senate voted 21 to 50 against Senator sity of Hawaii is in progress. The Hawaii Statehood Knowland’s resolution discharging the committee. Commission has also prepared general material in In anticipation of statehood, and prior to the this area. passage of Act 334 by the 1949 territorial legislature, We merely want to note that at the time the con authorizing a constitutional convention, the Hawaii stitutional convention was being organized more than Statehood Commission in 1948 established a number half a century had elapsed since Hawaii had become of subcommittees to prepare general materials an integral part of the United States. Many efforts dealing with the problems involved in the drafting had been made to raise the Territory to an equal of a constitution. These subcommittees met and political footing with the other 48 states of the union. submitted reports dealing with major constitutional Economically, politically, educationally and in other areas, which were discussed with various groups. respects Hawaii had more than met the standards The Legislative Reference Bureau of the University required of other territories prior to their admission of Hawaii prepared a number of reports in connec V VI PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION tion with the work of the subcommittees. These re for ratification and ultimately to the Congress for ports, drafted by the Bureau from 1948 to early approval. 1950, became part of a 400 page publication, which Briefly summarized, Act 334 provided for the was later made available to members of the consti election of 63 delegates from all of the islands which tutional convention, entitled Manual of State Consti constitute the Territory of Hawaii. The delegates tutional Provisions. were to be elected at a primary and then general The work of the subcommittees established by the elections, similar to the nor mal political elections Hawaii Statehood Commission served to create a in Hawaii. The elections were to be held throughout great deal of interest in the convening of a constitu the islands and all qualified voters of the islands were tional convention. It also resulted in many of the eligible to run for office. The use of the election committee members seeking election as delegates procedure adopted by the legislature indicated a to the Constitutional convention. All five chairmen desire to provide broad representation from the com of the subcommittees were elected to the convention munity and for opportunity for full discussion, parti —J. Garner Anthony, William H. Heen, Herbert K. cularly important since this was to be the first State H. Lee, Hebden Porteus and C. Ntis Tavares. Constitution for Hawaii. (Methods of selecting dele The five subcommittees dealt with the following gates, other than election, have been used by some areas: the bill of rights and general welfare; leg~s states in revising their constitutions.) lative powers and functions; executive powers and functions; judicial powers and administration; and Although the procedure was to follow that of re taxation and finance. The subcommittees reported gular elections in campaigning and balloting, the act specifically stated that the ballots were to make no to the chairman of the Hawaii Statehood Commission, who at that time was Samuel Wilder King. Reports designations of political party affiliation. The inten were submitted by each subcommittee chairman and tion appeared to be toward establishing a constitu were subsequently published in mimeographed form. tional convention which would be non-partisan and In November 1948, Senator Butler, Chairman of non-political in character. The act sought to attract the Senate Committee on Interior and Insular Affairs, persons other than individuals who were accustomed went to Hawaii to investigate statehood. He issued to run for office and from large geographic areas. his report in June 1940. The title of this report was Provision was made for two types of delegates, inso Communist Penetration of the Hawaiian Islands. far as election procedures were concerned. There The Senator noted that he had held 77 confidential were to be delegates “at-large” and delegates running from smaller geographic areas. The smaller geo interviews. His report opposed the granting of immediate statehood to Hawaii. Senator Butler graphic areas were established by grouping a num ber of precincts with approximately the same number subsequently supported statehood for Hawaii, but not in the 80th or 81st Congress. of eligible voters. These groupings were to provide an opportunity for community leaders who might The 81st Congress considered a statehood bill contribute to the drafting of the constitution but (HR 49) similar in substance to the one previously might not normally be inclined to run for public passed by the House in the 80th Congress. On March 7, 1950, the House passed HR 49 by a vote of 262 to office. Those running “at large” presumably would 110. The Senate Committee on Interior and Insular be widely known in the community, usually from Affairs, chaired by Senator O’Mahoney of Wyoming, previous political experience. prepared for hearings onstatehood in Washington. The first representative district (East Hawaii) These were held from May 1 to May 5, 1950, while was to elect two delegates at-large in addition to six the constitutional convention was in progress. This in precinct groupings. The second representative journal of the convention consequently includes district (West Hawaii) was to have two delegates many references to HR 49 at-large and two in precinct groupings. The third representative district (Maui County) was to elect ACT ESTABLISHING THE CONVENTION three delegates at-large and six from precinct Awaiting favorable action by Congress, in 1949 the groupings. The fourth representative district (East Hawaii legislature enacted a law (Act 334) which Oahu) and the fifth representative district (West would prepare the Territory to move toward state Oahu) were each to elect six delegates at large plus hood either under an enabling act or, failing that — 12 from precinct groupings, and the sixth represen (some public voices counselled), by proceeding to tativedistriét (Kauai County) was to elect two dele elect national “congressmen” who would then pre gates at-large in addition to four from precinct sent themselves in Washington to be seated, follow groupings. Of the 63 delegates, therefore, one third ing the example of Tennessee, Oregon and other or 21 were to be delegates at-large and 42 were to states. In either case, a state constitution was re be elected in smaller precinct groupings. quired, and Act 334 (appended to this volume) pro With respect to the actual functions to be performed vided for the calling of a convention to draft that by the delegates, their status and activity, no distinc constitution and to submit it to the people of Hawaii tion was made between the two types in the constitu VII PREFACE tional convention once it was organized. Delegates ORGANIZATION OF THE CONVENTION at-large did receive the bulk of convention offices, committee chairmanships and vice- chairmanships, It has already been noted that the elections were but this may have resulted in part from the fact that generally conducted on a non-partisan basis. The they included a larger number of legislators and other organization of the convention, however, was held public office holders. by some to be political, indeed efforts were made by some delegates to have the convention operate with The 63 delegates elected by the people at primary a greater recognition of partisan politics. The and general elections held on February 11 and March President, three of the Vice-Presidents and the Se 21, 1950 began their official task on April 4. Of those cretary were active in Republican Party affairs, elected, approximately one-third had never sought or then the dominant political party in Hawaii. One run for election for elective office before. The dele Democrat was elected as a Vice-President. In the gates represented a broad cross-section of the com actual committee assignments, however, there was munity. Among those elected were two pineapple a wide distribution of chairmanships and vice-chair company presidents, two union representatives, a manships to take care of political, geographic and judge of the circuit court, two former attorneys subject matter interests of the delegates. general, a member of the Board of Regents of the Like other conventions, some pre-convention ac Univer sity of Hawaii, the superintendent of public tivity and caucuses took place by those seeking instruction, one physician, two dentists, the speaker positions as officers. The former Delegate to Con and vice-speaker of the territorial House of Repre gress and chairman of the Statehood Commission, sentative, four members of the territorial Senate, Samuel Wilder King, was the leading candidate for a number of school teachers and several attorneys. the presidency. The only other delegate proposed Five women won seats to the Convention—two attor for the post was former Senator Harold Rice. When neys, two housewives and a member of the legisla the issue came to the floor, the pro-King group was ture. Racially, the convention included 27 of Cauca well organized and there was little contest for the sian ancestry, 20 of Japanese-American ancestry, presidency. At this early stage most of the delegates 11 Hawaiians, and five of Chinese-American ances were new to the problems of a convention, as well as try. the procedure to be followed in its organization. Two of the delegates elected, Mr. Richard Kage There was almost no discussion or debate on the yama of Honolulu and Mr. Frank Silva of Kauai, did presidency and the vice-presidencies. not serve for the entire convention. Mr. Kageyama A group of delegates who had also been active in resigned as delegate following his testimony before the work of the Hawaii Statehood Commission pre a special subcommittee of the House UnAmerican pared temporary rules and procedure to be adopted Activities Committee that he had been a member of by the convention. Rules used at the Missouri (1943) the Communist Party for a short period of time, and and New Jersey (1947) constitutional conventions also that the oath of office which he signed prior to were used as guides. Efforts to adoptthese pre taking office was false. Mr. Kageyama was a com formulated rules were rejected on the floor, and a mittee witness who testified voluntarily and indicated temporary Committee of Rules was established to that under the circumstances he should not serve in prepare a set of procedures to be submitted to the the Constitutional Convention. He was replaced by convention to guide its actions. Mr. John R. Phillips who ran second in the same A further question was raised as to selection of precinct areas. staff. The temporary rules provided that the Presi The second delegate, Mr. Frank Silva, was accused dent be given the authority, subject to the approval by witnesses before the UnAmerican Activities Com of the convention, to appoint a staff to take care of mittee of being.a member of the Communist Party. the needs of the convention. The Chief Clerk, Assist Mr. Silva refused to testify, and subsequently the ant Clerk, Chaplain and two Sergeants-at-Arms were Convention voted to disqualify him from further par elected by ballot. ticipation in its proceedings. Mr. Matsuki Arashiro, One of the early problems discussed in the Rules who ran third in the same Kauai election area, was Committee dealt with the number of committees to appointed to fill the vacancy on the recommendation be established for consideration of the proposals to of the delegation from Kauai to the Governor. be introduced by the delegates, which were to be Provision was made in Act 334 that “in case any the substantive basis for the proposed constitution. office of delegate has not been filled or shall become The determination of the number of standing commit vacant for any r eason the governor shall appoint an tees was based, in part, on political and geographic elector of the same representative district, precinct, consideration, in part on the desire that certain spe or combination of precincts, to fill such vacancy.” cific subjects be given careful and detailed consider Act 334 specifically provided that the “Convention ation because of broad community interest in them, shall be the judge of the elections, returns, and quali and because of the need to recognize the concern of fications of the delegates.” specific community groups. This latter aspect was VIII PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION particularly applicable to the formation of such com The committees served a useful function, not only mittees as those concerned with the Hawaiian Homes by permitting their members to exchange their view Commission Act, education, industry and labor, and points and reach agreement, but also by encouraging health and welfare. The number of standing commit citizens and interested community organizations to tees finally agreed on was 17, with three additional present their positions and suggestions. All meetings committees concerned with matters of procedure. of the standing committees were open to the public Each delegate was asked to indicate his preference and were reported on the radio and by the press for committee work. The President indicated that the without censorship or limitation by the convention. requests of the delegates would be complied with whenever possible. COMMITTEE OF THE WHOLE Following submission of each committee’s report WORK OF THE COMMITTEES and its recommendations for the proposed article to Each of the committees was headed by a chairman be incorporated into the constitution, the report was and a vice chairman, and the size of the committee set for referral to the Committee of the Whole with membership varied from seven to 15, depending upon adequate time for the delegates to study the report. the scope and complexity of the problems to. be pre This was followed by full consideration in the Com sented to them. The convention did not establish mittee of the Whole. any special procedure for the work in committees, Except for one or two instances, the discussion although, as the convention became organized, there in the Committee of the Whole provided ample oppor was relatively little activity in plenary session with tunity for debate. There were no serious efforts most of the work being performed in the committees. made to limit debate. The parliamentary tactic of Under the rules of procedure which the convention moving the previous question was generally ruled adopted, any delegate or group of delegates could out of order by the Chair or was withdrawn by the present any proposal relating to the constitution. movant to permit any delegate to speak on the ques Following legislative precedent, each proposal was tion who felt that he had not been given an opportuni automatically adopted on first reading at its presen ty to present his position. This procedure provided tation. The President then referred each proposal an opportunity for all delegates to present their to the appropriate committee for study and considera points of view and to suggest amendments which they tion. Where objection was raised by the delegates felt were necessary and proper. Unlike many legis as to the propriety of referral by the President, it lative bodies, the committee reports were fully dis was subject to motiop and action on the floor. Re cussed, debated and amended. Although the delegates latively few referrals were questioned by the dele respected the work of the standing committees, they gates. did not feel restrained in suggesting amendments to the proposals they offered. A number of committees devoted their first meet In the Committee of the Whole, each section and ings to delineating the scope of their work and ex sentence of a proposed article was gone over with amining proposals which had been referred to the great care. If acceptable to the delegates, a section committee by the delegates. A number of committees was “tentatively approved.” This was done to permit arranged for community groups, experts and other the delegates to come back to the previously reviewed interested persons to appear before them to discuss provisions if in later sections it was felt that some various aspects of the problems and to obtain sugges changes were made necessary by subsequent consi tions from these individuals as to scope and content deration or amendments. of the proposed article. When the Committee of the Whole felt reasonably Since there was no state constitution in effect which secure that the standing committee proposal which the body was to revise (unless the Organic Act be they had worked on could be recommended, there was considered such), the proposals came in the form of a motion to rise and report progress to the plenary specific suggestions for inclusion in the constitution, convention body, asking leave to sit again after a time rather than in the form of amendments to an existing interval which permitted the chairman of the Commit document. After careful and thorough consideration tee of the Whole to prepare a written report by each committee of the proposals submitted to it, When the chairman of the Committee of the Whole the comments and suggestions by various citizens, completed his report and it was printed and studied representatives of organizations, etc., the committee by the delegates, they would again resolve themselves prepared its report and recommendations to the con into a Committee of the Whole, examine the report vention for adoption. The committee proposal became and decide whether to recommend the adoption of the the basis for discussion in the Committee of the report to the convention. The Committee of the Whole. Proposals of individual delegates bearing on Whole would then rise, the plenary session would be the subject, some of which may have been incorporated in order, and the chairman of the Committee of the in the committee proposal, were placed on file. Whole would move the adoption of the committee PREFACE ix report in its amended form and ask the convention sources Article; Hawaiian Homes Lands Article; to accept it and pass the proposal on second reading. Article on Organization and Collective Bargaining; Article on State Boundaries, Capital, Flag; General and Miscellaneous Provisions; Revision and Amend STYLE COMMITTEE ment Article; and Schedule (of provisions for the After passage at second reading, the Committee transition from territorial to state government). of the Whole report and recommendations would be referred to the Committee on Style. PROVISIONS OF THE CONSTITUTION The Style Committee consisted of 15 delegates, many of them chairmen of standing committees, We have indicated that it is not our intention in including a substantial number of attorneys, aided this brief introduction to discuss the provisions of by staff members of the Legislative Reference the constitution. This is done in part to avoid any Bureau and the Attorney General’s Office. (Member evaluation of the provisions of the document or to ship of this and other committees is shown in the discuss their merits. The document has to speak for following pages.) Meeting in the evenings after the itself. The record prepared by the delegates, the convention had adjourned, the committee examined debate on the provisions as well as the reports of the each proposal agreed upon in the Committee of the various committees, well reflect the thinking of the Whole, studied the language of the proposal and 63 delegates. We do not believe, however, that it arranged it as an article, or part of an article, with would be remiss to touch briefly on a few of the in the format of the constitution, but without changing highlights of the document. the substance or meaning of the article approved by An outstanding feature of the constitution is its the convention at second reading. brevity. An effort was made by the delegates to ex The Style Committee reports indicated specifically clude statutory material, yet at the same time pro what changes in phraseology, form, punctuation, vide a document that would reflect the needs of the spelling, capitalization, etc. which were proposed by new State of Hawaii, in particular covering those it, and also changes in language and the reasons for areas which were of special concern to the people such changes. Many of the meetings of the Style of Hawaii, at least as reflected in the thinking of the Committee on a specific article would take as long elected delegates. as four to six hours before it was in a form agreeable The convention kept a complete verbatim tran to the members. On some of the articles, a sub script by means of electronic tape recordings of all committee of three examined the proposal as it came of the plenary and Committee of the Whole sessions from the floor and made specific suggestions to the after April 9, 1950. More than 365 reels of recording full committee for rearrangement and style. tape were used. This is about 87 miles of electronic The Style Committee also had the responsibility tape. It was estimated by the engineers that approxi of discovering and informing the convention of con mately 5 million words were spoken during the floor flicts between the separate articles adopted on second debates, apart from those spoken in the various reading so that corrective action could be taken. Such committee meetings. (During the 15 weeks of the action was infrequent. When necessary, the change convention, there were an average of some 20 to 30 was effected by a suspension of the rules, which committee meetings per week.) required an affirmative vote of 32 delegates. Only some 14,000 words, however, are to be found Following the acceptance by the convention of the in the constitution and of these approximately 4,000 Style Committee’s report, the article was presented are in the “schedule” which describes the political for third reading, and a tally vote taken on the com districts to be used in the initial elections and for plete article. Following approval on third reading, subsequent reapportionment every ten years. The the article was again referred to the Style Committee constitution proper, therefore, is only about 10,000 for final arrangement in the constitution. words in length, a measure of brevity achieved by A special subcommittee was established in the only eight other state constitutions. Style Committee to consider the arrangement. Other The document signed by 62 of the 63 delegates state constitutions were examined as to arrangement (one delegate refrained from signing the document in an attempt to keep the specific articles adopted by on the grounds that it impropoerly “constitutionalized” the convention within a general framework as used the provisions of the Hawaiian Homes Commission by many of the states. As finally agreed upon, the Act of 1920) reflects the thinking of the community as arrangement of the articles was in the following expressed by the elected delegates. Of necessity, the order: Preamble; adoption of Federal Constitution; constitution borrowed and adopted provisions from Bill of Rights; Suffrage and Elections Article; Legis the Hawaiian Organic Act, the Federal Constitution lative Article; Executive Article; Judiciary Article; (particularly the sections dealing with the Bill of Taxation and Finance Article; Local Government Rights), the Model State Constitution published by Article; Public Health and Welfare Article; Educa the National Municipal League, and the constitutions tion Article; Conservation and Development of Re- of other states, especially those which had most x PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION recently revised their constitutions prior to 1950. Comments made by Mr. Richard S. Childs, chair These included New York, Missouri and New Jersey. man of the Council of the National Municipal League, The Hawaii State Constitution tapped these and many in August 1950, after the constitution was signed by other sources. the delegates, indicates the high regard in which The final product, however, is unlike that of any specialists in the field of state government held the other state. It has its own flavor and features which constitution. Mr. Childs said in part: stem from the problems and needs of our community. Typical of these are the provisions dealing with the Its admirable features are: (1) election on the Hawaiian Homes lands, the limitations on bonded State ticket of only the Governor and Lieutenant- indebtedness and the use of assessed land valuations Governor; (2) appointive judiciary as in the to adjust these limits and the sections dealing with Federal Government, New Jersey, Massachusetts local government, drafted in the light of a centralized and some other states; (3) re-apportionment of tax structure and centralized system of public educa Legislative seats by the Governor within a sim tion. Debate in the Committee of the Whole indicates ple Constitutional formula; (4) exclusion of all that there was wide difference of opinion concerning statutory material and needless detail from the provisions which should be included in these the Constitution; (5) Home Rule Charter making sections of the constitution. for cities and counties.... Hawaii’s constitution The document also reflects the then-prevalent comes nearer to the short ballot principle than thinking of political scientists and others in the that of any other state and is in general nearest community concerning the limitation on the number to the ideals of American political science. of elected officials. The governor, lieutenant-gover Another letter from the same organization, from nor and members of the legislature are the only its Assistant Secretary, a recognized authority in elected officials. Department heads and judges of the the area of state government, Mr. John Bebout, read courts are appointed by the governor with the advice in part as follows: and consent of the Senate. Members of the Board of Education are to be appointed by the governor We are particularly pleased . . that you were . from panels nominated by the local school advisory able to resist virtually all temptations and pres councils. sures to include the kind of restrictive and legis The constitution is substantially ahead of its time lative details that have so encumbered most of (recall that it was prepared in 1950) in reducing the the Constitutions of the older states. You have voting age from 21 to 20—only one other state, the demonstrated that it is perfectly possible in the State of Georgia, then had a voting age of less than 20th century as it was in the 18th to write a Con 21. It includes a provision guaranteeing the right stitution that is confined to fundamentals. to organize for the purpose of collective bargaining, a constitutional protection which had been included Again from Mr. Bebout: in only three states prior to 1950, in New York, Missouri, and New Jersey. One other very commendable feature of your Many of thefeatures of the constitution reflect the Constitution is the fact that it is exceptionally best current thinking in the field of government. For well drafted. The Committee on Style is to be example, executive departments were to be coordi complimented on the clarity and readability of nated in no more than 20 major departments, to per the document. Evidently you remembered, as mit the governor to personally check the functioning too many Constitution writers have not, that a of the executive branch of the government. There are Constitution is primarily a people’s document provisions to eliminate the pocket veto. Minimum which should speak directly to the lay citizen with salaries of governor, judges and members of the le as much clarity as to the lawyers. The fact that gislature were set, to attract the best qualified men your Constitution is clear enough and short enough to office; at the time these salaries compared most to be read and digested by any reasonably literate favorably with the ten highest states of the Union. citizen should contribute substantially to civic Provision was also made so that the salaries could education and citizen responsibility. be adjusted by the legislature. The constitution also makes provision for post- Perhaps these comments are too laudatory. Indi audits of state expenditures, as well as a requirement viduals who took part in the constitutional convention that the legislature must pass the general appropria and in the drafting of the document recognize that it tions bill before enacting other finance bills. It was is far from perfect. Although efforts were made to hoped that this provision wcx.ild prevent the last mi make the language as clear and specific as possible, nute rush, so typical of many state legislative ses in some instances agreement was reached only be sions, which makes it difficult to give careful scru cause the language was sufficiently broad to permit tiny to final drafts of bills and has led to political acceptance by some of the delegates. A constitution log-rolling. is a living document, as has been illustrated by our PREFACE xi own Federal Constitution. Ample provision has been eight years attended Hawaii’s aspirations for state made in the Hawaii State Constitution for amending hood. It suffices to note that, in the wake of Alaska, procedures. It was hoped that they would be used Hawaii was admitted into the Union, under Public sparingly but will be used to meet the problems of Law 3 of the 86th Congress, signed by President a changing society. Eisenhower on March 18, 1959. Public Law 86-3 made three relatively minor RATIFICATION OF THE CONSTITUTION changes in the provisions of the Hawaii constitution. One was the deletion from the boundaries of the state The constitution of the State of Hawaii wa~s signed (Article XIII, Section 1) of Palmyra, a small atoll by the delegates in a public ceremony at lolani Palace, lying some 960 nautical miles south of Honolulu. Honolulu, on July 22, 1950. The document then went Second, the article on Hawaiian Homes lands was before the territorial legislature under the terms of “deemed to include” a section of Public Law 86-3, the 1940 act which had established the constitutional which listed the provisions of the Hawaiian Homes convention. Act 334 requred the legislature to “con Commission Act which could be amended only with sider” the constitution framed by the convention and the consent of the United States. The third change to provide for the submission of the document to the was to reduce from two to one the number of Repre people of Hawaii, “together with any alternative or sentatives in Congress to which Hawaii the state was additional provisions suggested by the Legislature.” initially to be entitled (Article XVI, Section 10), sub During the convention there was discussion of ject to increase at the next reapportionment of the the proper role of the legislature in “considering” House of Representatives. the constitution under preparation. An upshot of The admission act also required that the people the discussion was the passing of a resolution of Hawaii again vote on statehood. A three-question (No. 53) in which the delegates stated that: plebiscite was prescribed, each requiring an affirma tive majority vote if Hawaii were to be admitted to the WHEREAS, the Constitution drafted by this Union: (1) Shall Hawaii be admitted? (2) Are the Convention is an integrated document, whose state boundaries set by the act approved? (3) Are various parts are related to the whole . .it is . the provisions of the act with respect to the disposi the sense of this Convention that alternative pro tion of public lands in Hawaii approved? posals, if any, suggested by the legislature also The three-fold proposition was submitted to the be presented to the people as a whole, so that the Hawaii electorate at the primary election of June 27, electorate may choose between such draft if any 1959, at which time the people also balloted on the and that prepared bythis Convention. first state officers. Some 140,000 persons cast As a matter of fact, when the legislature met in valid ballots on each portion of the plebiscite. In special session on September 29, 1950, it found (in each case the result was approximately identical: joint Resolution 1) that the constitution was “accept a 17 to 1 vote in the affirmative. able in its entirety to the Legislature of the Territory On July 28, 1959, the voters of Hawaii elected of Hawaii,” and proposed no changes or alternatives. their first state governor, lieutenant governor, mem This joint resolution set forth the form of the plebi bers of the state legislature, two federal senators scite ballot on the proposed constitution, submitted to and a representative in Congress. The results of the voters at the general election of November 7, the election were certified to the President of the 1950. United States, as required by Public Law 86-3. On At that election, 82,788 ballots were cast in favor August 21, 1959, President Eisenhower signed the of adopting the proposed constituion, against 27,109 proclamation admitting Hawaii as the 50th state of “no” votes, a favorable ratio of approximately three the American Union of states. Thereupon, this to one. constitution became effective. ADMISSION TO THE UNION HAROLD S. ROBERTS It is not in the province of these remarks to re University of’ Hawaii cord the delay and frustrations which for the next August 27, 1959 ERRATA Page xi, col. 1, line 11: Change 1940 to 1949. Pages 1, 3, 5: Change April 3,. 1950 to April 4, 1950. *page 87, col. 2, line 38: Change Miscellaneous Communication No. 5 to No. 3. *page 165, col. 1, line 50: Should be Committee Proposal No. 3, RD 1. (Original draft was not included in the official Journal.) Page 221, col. 2, Section 10, Paragraph 2: Line omitted; correct second and third sentences to read: The head of each principal department shall be a single executive unless otherwise provided by law. Such single executive shall be appointed by the Governor, subject to the confirmation of the senate, and shall serve at the pleasure of the Governor. *page 235, col. 2, line 7: Change Misceilaneous Communication No. 5 to No. 3. *Page 270, col. 2, last line: Change Standing Committee Report No. 57 to No. 67. *Errors were in the original Journal. Editors’ Notes This first volume of Proceedings of the Constitutional Convention of Hawaii is essentially a reproduction of the typewritten journal prepared for each day of the Convention and approved by its presiding officer. The excellence of the original journal reduced to a minimum the amount of editing required for this publication. However, the format has been changed by placing together in Section B the resolutions, committee reports, messages and other communications received by the Convention, leaving the day-to-day activities of the Convention to be summarized, with no break in continuity for documentation, in Section A. A few changes in style from the original journal were introduced, notably a reduction in the amount of capitalization. However, no change in substantive mean ing was knowingly introduced. These abbreviations have been employed: Misc. Corn. for Miscellaneous Communication Res. for Resolution Standing Corn. Rpt. for Standing Committee Report Special Corn. Rpt. for Special Committee Report Corn. of Whole Rpt. for Committee of the Whole Report Dept. Corn. for Departmental Communication AGNES C. CONRAD, Archivist Hawaii Public Archives ROBERT M. KAMINS, Director Legislative Reference Bureau XIII 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. Kuhiman 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 14. Herbert K. H. Lee, Honolulu, Oahu 4. Nelson Kyoshi Doi, Hilo, Hawaii B. W. Harold Loper, Honolulu, Oahu 15. Teruo Ihara, Honokaa, Hawaii D. John R. Phillips, Honolulu, Oahu C. Frank C. Luiz, Papaikou, Hawaii E. Hebden Porteus, Honolulu, Oahu 27. Richard J. Lyman, Jr., Pahoa, Hawaii 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 Kiyoji Yamamoto, Hilo, Hawaii 14. Benjamin 0. Wist, Honolulu, Oahu 38. Takao Yamauchi, Hilo, Hawaii FIFTH REPRESENTATIVE DISTRICT: SECOND REPRESENTATIVE DISTRICT: 21. Trude M. Akau, Honolulu, Oahu 28. Peter Kawahara, Holualoa, Hawaii 48. Edward C. Bryan, Ewa, Oahu 52. Earl A. Nielsen, Kealakekua, Hawaii 53. George Dowson, Waianae, Oahu 57. Sakuichi Sakai, Kohala, Hawaii 51. Hiram L. Fong, Honolulu, Hawaii F.. Charles H. Silva, Kohala, Hawaii 34. Yasutaka Fukushima, Wahiawa, Oahu THIRD REPRESENTATIVE DISTRICT: 43. James F. Gilliland, Honolulu, Oahu 50. Edward B. Hoiroyde, Kahuku, Oahu A. Marguerite K. Ashford, Kaunakakat, Molokai 7. Frank Y. Kam, Honolulu, Hawaii 3. J. Pia Cockett, Watluku, Maui 13. Masao Kanemaru, Wahiawa, Oahu 36. KazuoKage, Wailuku, Maui 45. Charles E. Kauhane, Honolulu, Oahu 20. Harold T. Kido, Lahatna, Maui 5. Samuel Wilder King, Honolulu, Oahu 40. Harold W. Rice, Wailuku, Maui 18. Chuck Mau, Honolulu, Oahu 16. W. 0. Smith, Puunene, Maui 2. Steere G. Noda, Honolulu, Oahu 30. Richard St. Sure, Paia, Maui 31. Frederick Ohrt, Honolulu, Oahu 32. Cable A. Wirtz, Wailuku, Maui 44. Herbert M. Richards, Honolulu, Oahu 35. Arthur D. Woolaway, Puunene, Maui 42. Clarence Y. Shimamura, Waialua, Oahu FOURTH REPRESENTATIVE DISTRICT: 41. Arthur K. Trask, Honolulu, Oahu 11. James K. Trask, Honolulu, Oahu 34. J. Garner Anthony, 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, Kauat 22. Katsumi Kometani, Honolulu, Oahu 17. Charles A. Rice, Lthue, Kauai 9. John K. Lai, Honolulu, Oahu 37. Toshio Serizawa, Lihue, Kauai xiv V m m 0 -l m z V (~1 0 3 3 -4 -4 1T~ m (n L x xvi CONVENTION JOURNAL AND DOCUMENTS STANDING COMMITTEES First delegate listed is Committee Chairman, second is vice-chairman. 1. COMMITTEE ON BILL OF RIGHTS 6. COMMITTEE ON LOCAL GOVERNMENT Jack H. Mizuha Nils P. Larsen Charles E,. Kauhane John. R. Phillips Herbert K. H. Lee Frank C. Luiz Samuel K. Apoliona, Jr. (replaced R. Kageyama) Edward C. Bryan Earl A. Nielsen Matsuki Arashiro H. W. Rice J. Pia Cockett Steere G. Noda (replaced F. Silva) (replaced M. Ashford) Edward B. Holroyde Charles H. Silva Ann H. Corbett Herbert M. Richards H. S. Kawakami W. 0. Smith Nelson K. Doi Sakuichi Sakai Elizabeth R. Kellerman James K. Trask Edward B. Holroyde Thomas T. Sakakihara Katsumi Kometani Frank Y. Kam Toshio Serizawa Katsumi Kometani Richard St. Sure 2. COMMITTEE ON LEGISLATIVE POWERS AND FUNCTIONS 7. COMMITTEE ON EDUCATION William H. Heen Herbert K. H. Lee Frederick Ohrt W. Harold Loper Masao Kanemura Edward B. Holroyde Thomas T. Sakakihara Kazuo Kage Peter Kawahara Edward C. Bryan Trude M. Akau Elizabeth R. Kellerman Randolph Crossley Toshio Serizawa (replaced Jack Mizuha) Matsuki Arashiro H. W. Rice Hiram L. Fong (replaced F. Silva) Toshio Serizawa Flora K. Hayes Charles H. Silva Cable A. Wirtz George Dowson James K. Trask Peter Kawahara Flora K. Hayes Benjamin 0. Wist Elizabeth R. Kellerman Arthur D. Woolaway Teruo Ihara James K. Yamamoto 3. COMMITTEE ON EXECUTIVE POWERS AND FUNCTIONS 8. COMMITTEE ON HEALTH Tom T. Okino Katsumi Kometani AND PUBLIC WELFARE Frederick Ohrt John K. Lai Nils P. Larsen H. S. Kawakami Randolph Crossley W. Harold Loper Frank Y. Kam Harold S. Roberts Yasutaka Fukushima Richard J. Lyman, Jr. Trude M. Akau Richard St. Sure James F. Gilliland Charles A. Rice Ann H. Corbett Benjamin 0. Wist Teruo Ihara Richard St. Sure George Dowson James K. Yamamoto Kazuo Kage Henry A. White Teruo Ihara Charles E. Kauhane 4. COMMITTEE ON JUDICIARY 9. COMMITTEE ON INDUSTRY AND LABOR J. Garner Anthony Chuck Man Chuck Mau Nils P. Larsen C. Nils Tavares Jack H. Mizuha James F. Gilliland Frank c. Luiz Nelson K. Doi Steere G. Noda Matsuki Arashiro Earl A. Nielsen Hiram L. Fong H. W. Rice (replaced F. Silva) Harold S. Roberts Yasutaka Fukushima Thomas T. Sakakihara Edward C. Bryan W. 0. Smith William H. Heen Cable A. Wirtz Randolph Crossley Henry A. White Herbert K. H. Lee Takao Yamauchi W. Harold Loper 10. COMMITTEE ON AGRICULTURE, 5. COMMITTEE ON TAXATION AND FINANCE CONSERVATION AND LAND Henry A. White Herbert M. Richards Herbert M. Richards Harold T. Kido H. W. Rice Sakuichi Sakai Edward C. Bryan W. Harold Loper Alexander H. F. Castro C. Nils Tavares Marguerite K. Ashford Richard J. Lyman, Jr. Frank Y. Kam Arthur K. Trask Alexander H. F. Castro Earl A. Nielsen Masao Kane maru Arthur D. Woolaway Randolph Crossley John R. Phillips John K. Lai James K. Yamamoto Flora K. Hayes Charles A. Rice Jack H. Mizuha Takao Yamauchi Edward B. Hoiroyde James K. Trask Charles A. Rice Teruo Ihara DELEGATES AND COMMITTEES xvii 11. COMMITTEE ON THE HAWAIIAN HOMES 17. COMMITTEE ON SUBMISSION AND INFORMATION COMMISSION ACT Randolph Crossley Nils P. Larsen Flora K. Hayes Peter Kawahara Arthur K. Trask Frank G. Lutz J. Pia Cockett Richard J. Lyman, Jr. J. Garner Anthony Richard J. Lyman, Jr. Samuel K. Apoliona, Jr. Charles A. Rice Alexander H. F. Castro Frederick Ohrt James F. Gilliland Arthur K. Trask Hiram L. Fong Hebden Porteus Charles E. Kauhane James F. Gilliland Charles A. Rice Kazuo Kage Harold S. Roberts 12. COMMITTEE ON SUFFRAGE AND ELECTIONS (replaced M. Ashford) Thomas T. Sakakihara Charles E. Kauhane Charles H. Silva Katsumi Kometani James F. Gilliland Elizabeth R. Kellerman Benjamin 0. Wist Trude M. Akau H. S. Kawakami Samuel W. King Arthur D. Woolaway J. Pta Cockett Sakuichi Sakai Ann H. Corbett 18. COMMITTEE ON RULES AND ORDER OF BUSINESS 13. COMMITTEE ON REVISION, AMENDMENTS, INITIATIVE, REFERENDUM AND RECALL Cable A. Wirtz Nelson K. Doi Masao Kanemaru William H. Heen Yasutaka Fukushima Peter Kawahara Trude M. Akau Toshio Serizawa John K. Lat Earl A. Nielsen J. Garner Anthony Charles H. Silva Matsuki Arashiro Frederick Ohrt Samuel K. Apoliona, Jr. (replaced F. Silva) Richard St. Sure Alexander H.F. Castro C. Nils Tavares 19. COMMITTEE ON ACCOUNTS Hiram L. Fong Cable A. Wirtz Alexander H.F. Castro Toshio Serizawa 14. COMMITTEE ON ORDINANCES Harold T. Kido Clarence Y. Shimamura AND CONTINUITY OF LAW Ann H. Corbett James K. Yamamoto Chuck Mau Clarence Y. Shimamura Thomas T. Sakakihara Marguerite K. Ashford C. Ntis Tavares 20. COMMITTEE ON PRINTING Herbert K. H. Lee Arthur K. Trask Jack H. Mizuha Charles H. Silva Elizabeth R. Kellerman Steere G. Noda Harold T. Kido 15. COMMITTEE ON MISCELLANEOUS MATTERS Frank Y. Kam John K. Lai H. S. Kawakami Takao Yamauchi Masao Kanemaru George Dowson H. S. Kawakami SPECIAL COMMITTEE APPOINTED UNDER Samuel K. Apoliona, Jr. John R. Phillips RESOLUTION NO. 55-TO CONFER WITH THE Teruo Ihara (replaced R. Kageyama) CONGRESS OR ANY APPROPRIATE COMMIT Kazuo Kage W. 0. Smith TEE THEREOF, WITH REGARD TO THE PROVISIONS OF CLAUSE “SEVENTH” OF 16. COMMITTEE ON STYLE SECTION 2, H. R. 49. Benjamin 0. Wist Tom T. Okino Nelson K. Doi Herbert M. Richa~ds Samuel Wilder King Wm. H. Heen J. Garner Anthony Harold S. Roberts C. Nils Tavares Charles E. Kauhane Marguerite K. Ashford Clarence Y. Shimamura J. Garner Anthony Harold S. Roberts Nelson K. Doi Randolph Crossley C. Nils Tavares William H. Heen Cable A. Wtrtz Steere G. Noda Takao Yamauchi Frederick Ohrt Table of Contents Certificate 1V Preface V Editors’Notes xiii Convention Officers and Delegates xiv Standing Committees of the Convention xvi Section A. CONVENTION JOURNAL FIRST DAY—Tuesday, April 4, 1950 Ceremonies; Organization; Rules 1 SECOND DAY—Wednesday, April 5, 1950 Procedures; Rules 7 THIRD DAY—Thursday, April 6, 1950 Address; Rules 8 FOURTH DAY—Monday, April 10, 1950 Rules; Committee Assignments; Convention Employees; Proposal 1 13 FIFTH DAY—Tuesday, April 11, 1950 Resignation of Delegate Kageyama; Proposals 2-5 16 SIXTH DAY—Wednesday, April 12, 1950 Proposals 6-13 17 SEVENTH DAY—Thursday, April 13, 1950 Committee Appointments; Proposals 14-21 18 EIGHTH DAY—Friday, April 14, 1950 Investigation of Qualifications of Delegate Frank Silva; Proposals 22-33 20 NINTH DAY—Monday, April 17, 1950 Investigation of Delegate Frank SUva; Proposals 34-39 22 TENTH DAY—Tuesday, April 18, 1950 Investigation of Delegate Frank Silva; Proposals 40-46 24 ELEVENTH DAY—Wednesday, April 19, 1950 Amendments to HR 49 (Enabling Act); Proposals 47-53; Additional Convention Employees; Investigation of Delegate Frank Silva ,. 29 TWELFTH DAY—Thursday, April 20, 1950 Proposals 54-68; Expulsion of Delegate Frank Silva 31 THIRTEENTH DAY—Friday, April 21, 1950 Proposals 69-82 35 xix xx CONVENTION JOURNAL AND DOCUMENTS FOURTEENTH DAY—Monday, April 24, 1950 Convention Finances; Washington Hearings on Statehood; Proposals 83-84 36 FIFTEENTH DAY—Tuesday, April 25, 1950 PrQposals 85-86 38 SIXTEENTH DAY—Wednesday, April 26, 1950 Procedures; Proposal 87 40 SEVENTEENTH DAY—Thursday, April 27, 1950 Proposal 88; Departure of Delegates to Statehood Hearings 41 EIGHTEENTH DAY—Friday, April 28, 1950 Procedures; Proposals 89-91 42 NINETEENTH DAY—Monday, May 1, 1950 Proposals 92-93 43 TWENTIETH DAY—Tuesday, May 2, 1950 Proposals 94-95 45 TWENTY-FIRST DAY—Wednesday, May 3, 1950 Proposals 96-97; Health and Welfare Problems 47 TWENTY-SECOND DAY—Thursday, May 4, 1950 Public Hearings on Hawaiian Homes Commission Act; Proposals 9 8-99 48 TWENTY-THIRD DAY—Monday, May 8, 1950 Proposal 100 49 TWENTY-FOURTH DAY—Tuesday, May 9, 1950 Proposals 101-107 50 TWENTY-FIFTH DAY—Wednesday, May 10, 1950 Proposals 108-113 50 TWENTY-SIXTH DAY—Thursday, May 11, 1950 Time Limit for Introducing Proposals; Proposals 114-120 51 TWENTY-SEVENTH DAY—Friday, May 12, 1950 Proposals 121-122 52 TWENTY-EIGHTH DAY—Monday, May 15, 1950 County Status for Lanai 53 TWENTY-NINTH DAY—Tuesday, May 16, 1950 Time Limit for Committee Reports; Proposals 123-13 1 53 THIRTIETH DAY—Wednesday, May 17, 1950 State Flags 54 THIRTY-FIRST DAY—Thursday, May 18, 1950 Health and Welfare Committee Report (Committee Proposal 1); Proposals 132-141 54 THIRTY-SECOND DAY—Friday, May 19, 1950 Proposals 142-173; Extension of Time Limit for Introduction of Proposals 55 THIRTY-THIRD DAY—Saturday, May 20, 1950 Proposals 174-195 57 THIRTY-FOURTH DAY—Monday, May 22, 1950 State Flags 59 TABLE OF CONTENTS XXi THIRTY-FIFTH DAY—Tuesday, May 23, 1950 Finance Committee Report (Committee Proposal 2) 59 THIRTY-SIXTH DAY—Wednesday, May 24, 1950 Health and Welfare Proposal; Bill of Rights Committee Report (Committee Proposal 3); Request for Additional Funds 60 THIRTY-SEVENTH DAY—Thursday, May 25, 1950 Further Consideration of Health ar~d Welfare Proposal 62 THIRTY-EIGHTH DAY—Friday, May 26, 1950 Supplementary Report of Bill of Rights Committee (Committee Proposal 4); Agriculture Committee Report (Committee Proposal 5); Hawaiian Homes Commission Act Committee Report; Local Govern ment Committee Report; Extension of Time Limit for Committee Reports 62 THIRTY-NINTH DAY—Saturday, May 27, 1950 County Status for Lanai 64 FORTIETH DAY—Monday, May 29, 1950 Further Consideration of Health and Welfare Proposal 64 FORTY-FIRST DAY—Wednesday, May 31, 1950 Further Consideration of Health and Welfare Proposal 65 FORTY-SECOND DAY—Thursday, June 1, 1950 Hawaiian Homes Commission Act Committee Report (Committee Proposal 6); Bill of Rights Proposal 66 FORTY-THIRD DAY—Friday, June 2, 1950 Judiciary Committee Report (Committee Proposal 7) 68 FORTY-FOURTH DAY—Saturday June 3, 1950 Suffrage and Elections Committee Report (Committee Proposal 8) 69 FORTY-FIFTH DAY—Monday, June 5, 1950 Further Consideration of Bill of Rights Proposals 70 FORTY-SIXTH DAY—Tuesday, June 6, 1950 Style Committee Report on Format of Constitution and Health and Welfare Article 71 FORTY-SEVENTH DAY—Wednesday, June 7, 1950 Hawaiian Homes Commission Act Proposal 73 FORTY-EIGHTH DAY—Thursday, June 8, 1950 Health and Welfare Article; Further Consideration of Hawaiian Homes Commission Act Proposal; Revision and Amendments Committee Report (Committee Proposal 9); Judiciary Proposal; Minority Proposal for Initiative and Referendum 73 FORTY-NINTH DAY—Friday, June 9, 1950 Finance Committee Report (Committee Proposal 10); Education Committee Report (Committee Proposal 11); Miscellaneous Committee Reports on Locating Capital, State Flag, State Seal, Boundaries, Civil Service, Inter-governmental Relations, Distri bution of Powers, Oath of Office, Preamble and Equal Rights (Committee Proposals 12-21); Executive Powers Committee Report (Committee Proposal 22); Ordinances and Continuity of Law Com mittee Report (Committee Proposal 23); Suffrage and Elections Proposal; Further Consideration of Judiciary Proposal 75 FIFTIETH DAY—Saturday, June 10, 1950 Scheduling Consideration of Committee Proposals 79 xxii CONVENTION JOURNAL AND DOCUMENTS FIFTY-FIRST DAY—Tuesday, June 13, 1950 Adoption of Health and Welfare Articles; Further Consideration of Judiciary and Suffrage and Election Proposals; Ordinances and Continuity of Law Committee Reports (Committee Proposals 24 and 25); Local Government Committee Report (Committee Proposal 26) . . . 81 FIFTY-SECOND DAY—Wednesday, June 14, 1950 Further Consideration of Bill of Rights Proposals 84 FIFTY-THIRD DAY—Thursday, June 15, 1950 Style Committee Report on Hawaiian Homes Commission Act Article; Further Consideration of Bill of Rights Proposals (Com mittee Proposal 3); Revision and Amendments Proposal; Agricul ture Committee Report (Committee Proposal 27); Industry and Labor Committee Report (Committee Proposal 28) 85 FIFTY-FOURTH DAY—Friday, June 16, 1950 Further Consideration of Revision and Amendment Proposal; Education Proposal; Scheduling Consideration of Committee Reports. . . . 88 FIFTY-FIFTH DAY—Saturday, June 17, 1950 Further Consideration of Education Proposal; Adoption of Hawaiian Homes Commission Act Article 89 FIFTY-SIXTH DAY—Monday, June 19, 1950 Further Consideration of Education Proposal; Finance Proposal 90 FIFTY-SEVENTH DAY—Tuesday, June 20, 1950 Further Consideration of Finance and Suffrage and Elections Proposals; Executive Powers Proposal; Style Committee Report on Bill of Rights 92 FIFTY-EIGHTH DAY—Wednesday, June 21, 1950 Further Consideration of Executive Powers and Conservation and Natural Resources Proposals 94 FIFTY-NINTH DAY—Thursday, June 22, 1950 Further Consideration of Conservation and Natural Resources and Finance Proposals; Style Committee Report on Suffrage and Elections Article 95 SIXTIETH DAY—Friday, June23, 1950 Consideration of Right-to-Organize and Local Government Proposals; Further Consideration of Finance, Judiciary and Bill of Rights Proposals; Legislative Powers Committee (Committee Proposal 29) . .‘. . 96 SIXTY-FIRST DAY—Saturday, June 24, 1950 Adoption of Bill of Rights and Suffrage and Elections Article; Further Consideration of Revision and Amendments, Education, and Local Government Proposals; Convention Finances 99 SIXTY-SECOND DAY—Monday, June 26, 1950 Further Consideration of Local Government Proposal and Proposals of Committee on Miscellaneous Matters 101 SIXTY-THIRD DAY—Tuesday, June 27, 1950 Further Consideration of Proposals of Committee on Miscellaneous Matters; Legislative Powers Committee Report (Committee Pro posal 30); Convention Finances 102 SIXTY-FOURTH DAY—Wednesday, June 28, 1950 Proposal on Legislative Districts; Further Consideration of Legis lative Powers and Right-to-Organize Proposals, with Minority Amendments, and Proposals for State Flag, Boundaries, Civil Service and Equal Rights; Style Committee Report on Judiciary Article 103 TABLE OF CONTENTS xxiii SIXTY-FIFTH DAY—Thursday, June 29, 1950 Further Consideration of Legislative Powers Proposal 106 SIXTY-SIXTH DAY—Friday, June 30, 1950 Further Consideration of Right-to-Organize and Legislative Powers Proposals; Style Committee Report on Education Article 106 SIXTY-SEVENTH DAY—Saturday, July 1, 1950 Further Consideration of Legislative Powers Proposal 107 SIXTY-EIGHTH DAY—Monday, July 3, 1950 Further Consideration of Proposals of Committee on Miscellaneous Matters 108 SIXTY-NINTH DAY—Wednesday, July 5, 1950 Further Consideration of Legislative Powers Proposal and Proposals of Committee on Miscellaneous Matters; Adoption of Judiciary and Education Articles; Style Committee Reports on Revision & Amend ments and Right-to-Organize Articles 110 SEVENTIETH DAY—Thursday, July 6, 1950 Further Consideration of Finance, Conservation & Natural Resources and Legislative Powers Proposals and Proposals for Capital Site and State Seal; Style Committee Report on Article Relating to State Flag, Equal Rights, Boundaries, Intergovernmental Relations and Oath of Office 112 SEVENTY-FIRST DAY—Friday, July 7, 1950 Further Consideration of Proposal Establishing Capital Site, Local Government Proposal and Legislative Powers Proposal; Adoption of Right-to-Organize Article 115 SEVENTY-SECOND DAY—Saturday, July 8, 1950 Adoption of Article Relating to State Flag, Boundaries, Intergovern mental Relations, Oath of Office and Equal Rights; Further Consider ation of Legislative Powers Proposal; Style Committee Report on Local Government Article 117 SEVENTY-THIRD DAY—Monday, July 10, 1950 Further Consideration of Conservation & Natural Resources and Continuity of Law Proposals; Adoption of Revision & Amendments Article and Local Government Article 118 SEVENTY-FOURTH DAY—Tuesday, July 11, 1950 Further Consideration of Continuity of Laws Proposals and Proposal Establishing State Capital; Style Committee Report on Executive Article 120 SEVENTH-FIFTH DAY—Wednesday, July 12, 1950 Consideration of Provisions Supplemental to Executive Article; Further Consideration of Continuity of Laws Proposals; Style Committee Reports on Finance Article, Preamble, and Sections Relating to State Capital and Civil Service 121 SEVENTY-SIXTH DAY—Thursday, July 13, 1950 Adoption of Finance and Executive Articles, Article Designating State Capital, Relating to Civil Service and Preamble; Style Committee Report on Conservation & Natural Resources Article; Further Consideration of Legislative Powers Proposal 123 SEVENTY-SEVENTH DAY—Friday, July 14, 1950 Furthur Consideration of Continuity of Laws Proposals; Adoption of Conservation & Natural Resources Article and Legislative Article; Amendment of Judiciary Article; Style Committee Report on and Adoption of Legislative Article 127 xxiv CONVENTION JOURNAL AND DOCUMENTS SEVENTY-EIGHTH DAY—Saturday, July 15, 1950 Style Committee Report on and Adoption of Schedule of Representa tive Districts; Style Committee Report on and Adoption of Continuity of Laws Article; Arrangement of Constitutional Articles; Submission of Constitution for Adoption 132 SEVENTY-NINTH DAY—Saturday, July 22, 1950 Ceremonies at Iolani Palace; Convention Finances; Style Com mittee Report on Constitution; Adoption of Constitution; Signing Constitution; Adjournment 136 Section B. JOURNAL DOCUMENTS 1. Resolutions • . . 145 2. Standing Committee Reports 155 3. Committee of the Whole Reports 296 4. Special Committee Reports • • . 360 5. Governor’s Messages • . • 361 6. Departmental Communications . • . • 363 7. Miscellaneous Communications . • • . 370 8. Petitions • . . 393 Section C. CONVENTION PROPOSALS 1. Digest of Proposals Offered by Delegates 399 2. Disposition of Committee Proposals 407 3. Origin of Sections of the Constitution 410 Section D. APPENDICES 1. Act 334 of 1949 413 2. Rules of the Convention 415 3. State Constitution, showing changes made by Admission Act in 1959 and including an index 420 Index to Convention Journal and Documents 437 Section A. CONVENTION JOURNAL FIRST DAY • Tuesday, April 3, 1950 be prophets among your people if you succeed in embodying in the constitution the best ideals of The Hawaii State Constitutional Convention was American democracy and if you make it possible called to order at 9:45 o’clock a.m., in the hall of for these ideals to live in the hearts of people. the House of Representatives, lolani Palace, by Hon Your objective is to provide a frame of refer orable Oren E. Long, Secretary of Hawaii, in accord ence under which the people working cooperatively ance with the provisions of Act 334 of the Session may plan for the social, economic and cultural pro Laws of Hawaii 1949. Seated on the dais with Sec gress of Hawaii and under which they will find so retary Long was Honorable Ingram M. Stainback, lutions to the problems that will confront them. Governor of Hawaii. Above all, the Constitution which you will write Mr. Long then presented to the Convention the should be an expression of faith—faith in the future, Right Reverend Harry S. Kennedy, Bishop of the Epis faith in the capacity of the people of tomorrow to copal Church Diocese, who invoked the divine bless cope with their own problems. ing on the activities and deliberations of this Conven There should be no effort to fix the affairs of tion. government. Any effort to make the government At 9:50 o’clock a.m., Mr. Long declared a recess, static or to set up legislative blocks against change, subject to the call of the Chair; and the delegates would be the equivalent of announcing that you only repaired in a body to the National Guard Armory, have wisdom and future representatives of the where it had been arranged that the Convention would people will not have the ability to meet the prob continue with its organization and such other business lems of their day. as might come before it. Any such attempt to legislate for the future At 10:03 o’clock a.m., the Convention reconvened would be an expression of fear of the future. in the National Guard Armory, with Secretary Long Your challenge, then, is not to solve the pro in the Chair. Mr. Long then presented to the Conven blems of tomorrow, but rather to provide a guide tion the Most Reverend James J. Sweeney, Catholic under which those problems may be worked out, Diocese of Hawaii, who invoked the divine blessing. a guide that will at the same time stimulate social Following this, the national anthem was played by growth and change in accordance with our democra the Royal Hawaiian Band on the balcony overlooking tic tradition. It is this flexibility, this invitation the makai end of the Convention Hall, all those pres to growth, that gives distinction to our Federal ent standing and joining in the singing. Constitution—the greatest document ever struck Secretary Long then addressed the Convention as off by the minds of men. Its greatness was not follows: that it contained all truth, but rather that it pro It has been my privilege, in accordance with vided for growth to meet changing conditions, for the provisions of Act 334, Session Laws of Ha such great amendments as the Bill of Rights, and waii 1949, to call to order this Constitutional for others that have served the best interests of Convention of Hawaii. I have done this with a the nation. You will wish to keep these qualities conviction that as of this hour, you sixty-three before you as you work on a constitution for Ha delegates to the Convention constitute the most waii. important group assembled anywhere in Ameri Fortunately you have a great deal of guidance ca. In a very real sense, the nation is interested In this undertaking. In addition to the Federal in your deliberations. That is your status as of Constitution, you have as aids the 48 State Consti today. tutions and the so-called Model State Constitution. Your ultimate place in the history of Hawaii The studies that have been made locally by the Le and of the nation depends on the success you at gislative Reference Bureau, by committees of the tain in carrying out the purpose for which you are Statehood Commission, and by some of your own assembled. Hawaii has a rendezvous with destiny. colleagues—all of these studies are commendable. It is your privilege to point the way to that destiny. These, however, are only aids. There has been By your election as delegates to this Convention, no meeting of minds—no conclusions. No group you have become the servants of Hawaii. You will has predetermined what it will contain. The Con- 1 2 CONVENTION JOURNAL stitution of the State of Hawaii is yet to be written. Victor K. Houston, former Delegate to Congress The task is before you. from Hawaii. You are not alone in this task. In a sense, the At this juncture, Secretary Long called the dele half-million people of Hawaii share this responsi gates’ attention to the American flag at the mauka end bility. Each in his own way, even if it be only a of the Convention Hall and said; “If you will notice, it sympathetic interest, will be working with you. has 49 stars in it. The job of this group is to make Together, we will build. Our objective will be on that 49th star permanent.” ly Hawaii Nei and our country. At this time, the tentative roll of the delegates was May we build so wisely that Hawaii will take called by Mrs. Ellen D. Smythe, who acted as tempo her place as a part of that vast splendid monument, rary Clerk for this purpose; and all delegates were the United States of America, and may the consti shown to be present. tution which you are to write have in its fabric The next order of business being the election of nothing that is suggestive of injustice, intolerance, a temporary Chairman, Delegate Crossley placed in inequality, but rather, reflect such wisdom and nomination the name of Samuel Wilder King. The mo foresight that our sister States may look upon Ha tion was seconded by Delegate ElizabethR. Kellerman. waii with pride and admiration. Delegate Kauhane moved that the nominations close. •This is your task. We, the People of-Hawaii, Seconded by Delegate Holroyde, and carried. The have confidence in you. Clerk was thereupon instructed to cast a ballot for Delegate King as temporary Chairman. At this juncture, Secretary Long presented the Secretary Long then appointed the following dele honored guests seated on the platform, as follows; gates to escort Delegate King to the platform: Flora the Honorable Ingram M. Stainback, Governor of Ha K. Hayes, Marguerite Ashford, Trude M. Akau, Ann waii; the Most Reverend James J. Sweeney, Bishop of H. Cor.bett, and Elizabeth R. Keller man. As the com Honolulu; the Honorable Joseph R. Farrington, Del mittee so appointed escorded Delegate King to the egate to Congress from Hawaii; the Honorable Louis platform, the Glee Club of the Royal Hawaiian Band LeBaron, Associate Justice of the Supreme Court; played his campaign song. As he stepped upon the the Honorable Joseph B. Poindexter, former Gover platform, escorted by the committee, his daughter, nor of Hawaii; the Honorable Victor K. Houston, for Charlotte King McAndrews, placed lovely ilima leis mer Delegate to Congress from Hawaii; Represen around his neck, with a kiss. tatives of the Armed Forces in Hawaii: Lieut. Secretary Long then presented temporary Chair General T. E. Watson, Commanding General, Fleet man King to the Convention amidst prolonged Marine Force Pacific; Rear Admiral John E. applause by the delegates and the audience. The Ginrich, Chief of Staff, representing the Comman temporary Chairman, Samuel Wilder King, there der in Chief, Pacific and United States Pacific upon assumed the Chair, and Mr. Long retired. In Fleet; Brig. Gen. C. B. Ferenbaugh, Commanding accepting the temporary chairmanship, Delegate General, North Section Command, representing the King said: Commanding General, U. S. Army Pacific; Rear Thank you, Mr. Long. Governor, delegates, Admiral R. T. Cowdry, Commander Naval Shipyard ladies and gentlemen: As temporary Chairman, Pearl Harbor, representing the Commandant 14th Ithink it will be unnecessary togo into any extend Naval District; Brig. General H. Q. Huglin, Com ed remarks. I know that everyone of us wants mander U. S. Air Force Pacific; Captain Joseph D. to accomplish the task that the people of Hawaii Conway, Acting Commander, 14th Coast Guard Dis have devolved upon us, and I would like to proceed trict; Colonel Adna G. Clarke, Veteran of the Spa with the regular order of business and leave the nish-American War and World War I; and Captain formal greetings to your President when he is Alexander Kahapea, most decorated veteran of the elected. Armed Forces from Hawaii in World War II. At this time, a recess was declared, at 10:18 The next order of business being the nomination o’clock a.m., subject to the call of the Chair. Dur and election of a temporary Clerk, Mrs. Flora K. ing the recess, the Royal Hawaiian Band Glee Club Hayes placed the name of Mrs. Ellen D. Smythe in furnished vocal and instrumental music from the nomination as temporary Clerk. Delegate Hoiroyde balcony. seconded the nomination. Delegate Apoliona moved Secretary Long reconvened the Convention at that the nominations close. The motion was second 10:38 o’clock a.m. ed by Delegate Noda, and carried unanimously. The Seated on the platform with Mr. Long at the time Chair thereupon declared that Mrs. Ellen D. Smythe the Convention reconvened were: Honorable Ingram M. had been unanimously elected as temporary Clerk. Stainback, Governor of Hawaii; Hon. Louis LeBaron, At this time, Delegate Fong offered a resolution Associate Justice, Supreme Court of Hawaii; former signed by all of the 63 delegates, declaring that all Governor Joseph B. Poindexter; Hon. Joseph R. Far of the delegates had been duly elected, and upon tak rington, Delegate to Congress from Hawaii; and Hon. ing the oath required by Chapter 13 of the Revised FIRST DAY • Tuesday, April 3, 1950 3 Laws of Hawaii 1945, as amended, were legally qua tion at this time proceed with the consideration of lified to take seats as delegates to the ~Constitutional the other rules. The motion was seconded by Dele Convention, which was read by the Clerk (see Sec. gate Crossley and carried. B, Res. No. 1). Upon motion by Delegate Fong, sec The temporary Clerk thereupon read Rule 2, onded by Delegate Crossley, the resolution was unan “Powers and Duties of Officers.” Delegate Heen imously adopted. offered the following amendment: At 10:50 o’clock a.m., the temporary Chairman declared a recess, subject to the call of the Chair Amend Rule 2 as follows: “Add a new sentence in order that the notaries public present in the Con at the end thereof to read as follows: ‘The Secre vention Hall might administer the loyalty oaths to the tary may delegate his duties or any part thereof delegates; and asked that the delegates remain in to the Chief Clerk.” their seats in order that this might be accomplished Delegate Heen moved for the adoption of the amend in the shortest time possible. During the recess, the ment. Seconded by Delegate H. W. Rice, and carried. Royal Hawaiian Band Glee Club again rendered mu Delegate Crossley moved that the rule, as amended, sical numbers from the balcony overlooking the ma be adopted. Seconded by Delegate Kageyama, and kai end of the hall. The Convention was reconvened carried. by the temporary Chairman at 11:15 o’clock a.m. The temporary Clerk then read Rule 3 of the tem The temporary Chairman announced that all of porary rules, “Employees.” Delegate Hayes moved the delegates had duly subscribed to the loyalty oath for the adoption of Rule 3. Delegate Crossley se as provided by Chapter 13 of the Revised Laws of conded the motion, which was carried. Hawaii 1945, as amended, and were duly qualified The temporary Clerk then read Rule 4, “Quorum.” to take their seats as delegates to the Constitutional Delegate Kauhane moved that Rule 4 of the temporary Convention. rules be adopted. Seconded by Delegate Porteus, Associate Justice Louis LeBaron thereupon ad and carried. ministered the oath of office to the 63 delegates, Rule 5, “Method of Voting,” was thereupon read who stood facing him at their desks. The delegates by the temporary Clerk. Delegate Heen offered the all having been sworn in, the roll was called showing following amendment to Rule 5: all delegates present. The national anthem of Hawaii—Hawaii Ponoi— Amend Rule 5, “Method of Voting,” as follows: was played by the Royal Hawaiian Band, with all “After the word ‘of’ in line 2, and immediately be present in the hall standing. fore the comma, insert the words ‘or employees.” The next order of business being the adoption of temporary rules under which the Convention will Delegate Heen moved for the adoption of the amend function until the permanent rules are adopted, Dele nient. Seconded by Delegate Porteus, and carried. gate Wist offered a resolution declaring that the Upon motion by Delegate Kauhane, seconded by Dele temporary rules of the Convention be adopted in the gate Crossley, Rule 5 of the temporary rules, as form attached thereto, (see Sec. B, Res. No. 2). amended, was adopted. Delegate Wist moved for the adoption of the resolu Rule 6, “Debate,” was read by the temporary tion. Seconded by Delegate Fukushima. Clerk. Delegate Crossley moved that Rule 6 of the Delegate Harold W. Rice offered the following temporary rules be adopted. Seconded by Delegate amendment to Rule 1: Charles A. Rice, and carried. Amend Rule 1 of the temporary rules of the The temporary Clerk next read Rule 7, “Assign ment of Seats.” Upon motion by Delegate Noda, sec Constitutional Convention by amending the same onded by Delegate Hayes, Rule 7 of the temporary to read as follows: “The officers of the Conven rules was adopted. tion shall be a President, Vice-President and a Secretary selected from the delegates by majori Rule 8, “Committee on Permanent Rules,”was read by the temporary Clerk. Upon motion by Dele ty vote on ballot or resolution.” gate Crossley, seconded by Delegate Sakakihara, the Delegate Rice moved for the adoption of the amend rule was adopted. ment. The motion was seconded by Delegate James Rule 9, “Additional Rules,” was read by the tem K. Trask. Delegate Fong moved that the amendment porary Clerk. Upon motion by Delegate Sakakihara, be tabled. Seconded by Delegate Gilliland, who im seconded by Delegate Noda, Rule 9. of the temporary mediately thereafter withdrew his second in order rules was adopted. to permit debate. Consideration of Rule 1, “Officers,” of the tempo Delegate Heen moved that the temporary rules be rary rules was deferred. Delegate Lee moved that taken up one by one. Seconded by Delegate Wist, the Convention recess until 2:00 o’clock p.m., and and carried. that the Governor and the Delegate to Congress be Delegate Charles H. Silva moved that action on invited to address the Convention at that time, after Rule 1 be deferred until later and that the Conven which the Convention shall consider proposed tempo- 4 CONVENTION JOURNAL rary Rule 1 still pending before the Convention. The Hawaii include that of Minister of Interior of the motion was seconded by Delegate James K. Trask. Republic of Hawaii, and that of a member of the Delegate Charles H. Silva moved that the motion Constitutional Convention of 1894, he typifies the to recess be tabled. Seconded by Delegate Akau. A harmonious blending of two distinct cultures—the roll call being demanded, the motion to table the mo culture of America and the culture of Polynesia. tion to stand in recess was put, and carried, on the He is a graduate of Annapolis, a veteran of two following showing of ayes and noes: Ayes, 38. Noes, world wars. He has served honorably in the Uni 25 (Anthony, Ashford, Bryan, Corbett, Dowson, Heen, ted States Navy and is now a retired Captain. Ihara, Kageyama, Kam, Kanemaru, Kawakami, Keller- He has served you faithfully and well as a Super man, Larsen, Lee, Loper, Nielsen, Charles A. Rice, visor of the City and County of Honolulu and for Harold W. Rice, Roberts, Sakai, Serizawa, Frank G. eight years as Delegate from the Territory of Silva, James K. Trask, Wirtz and Wist). Hawaii to the Congress of the United States. Delegate Harold W. Rice then moved for the adop In 1935 he induced the Subcommittee of the tion of the amendment offered by him. Seconded by Committee on Territories of the House of Repre Delegate Kageyama. sentatives to make its first investigation in the Delegate Fong moved that the amendment be tabled. Territory of Hawaii on the question of Statehood; Seconded by Delegate Gilliland. A roll call being de and in 1937 he was again successful in bringing to manded, the motion to table the amendment and put, the Territory of Hawaii the Joint Committee of the and carried, on the following showing of ayes and House and Senate which rendered a favorable re noes: Ayes, 40. Noes, 23 (Anthony, Ashford, Bryan, port on Statehood. Corbett, Heen, Kageyama, Kam, Kawakami, Keller The people of Hawaii, Mr. Chairman and ladies man, Lee, Loper, Mau, Nielsen, Charles A. Rice, and gentlemen, are indeed truly indebted to this Harold W. Rice, Roberts, Serizawa, Shimamura, native son of Hawaii for his many many years of Frank G. Silva, Arthur K. Trask, James K. Trask, unselfish devotion to the welfare and happiness of Wirtz and Wist). the people of Hawaii, as a member of various com Delegate Fong then moved that Rule 1 be’adopted. mittees—charitable, economic, as well as politi Seconded by Delegate Akau. A roll call being demand cal—as amember of the United States Navy, as a ed, the motion to adopt Rule 1 of the temporary veteran of two world wars, as a member of the rules was put, and carried, on the following show Board of Supervisors, and as Delegate to Congress ing of ayes and noes: Ayes, 46. Noes, 17 (Anthony, of the United States from the Territory of Hawaii. Ashford, Heen, Kageyama, Kawakami, Kellerman, The people of Hawaii, in manifestation of the Lee, Loper, Mau, Nielsen, Charles A. Rice, Harold high esteem and honor they have for him, elected W. Rice, Serizawa, Frank G. Silva, Arthur K. Trask, him outright in the primary election in this consti James K. Trask and Wirtz). tutional campaign. This outright election, ladies Delegate Wist now moved that the rules, as amend and gentlemen, is the people’s stamp of approval ed, be adopted. Seconded by Delegate Hayes. Dele of tried and proven leadership, of innate ability, gate Heen rose to a point of order, stating that since of integrity of character, and sincerity and devo each rule had been adopted, that there was no neces tion to duty. sity for adopting the entire rules again. The Chair Again, may I say that it is a distinct honor and ruled that the point of order was well taken. privilege for me to rise and place in nomination a At this time Delegate Heen moved that the Conven native son—a keiki hanau o ka ama—the name of tion proceed with the election of the President of the Samuel Wilder King. Convention. Seconded by Delegate Fong and carried. Delegate Fong, in placing in nomination the name The nomination was seconded by Delegate Kage, a of Delegate Samuel Wilder King as President of the delegate from Maui. Constitutional Convention, said: At this time, Delegate Heen rose to a point of or der, stating that inasmuch as the chairman was being Mr. Chairman and delegates of this Constitution nominated as President of the Convention, it might be al Convention: well for him to name someone to preside over the It is indeed a singular and distinct honor for me Convention during this procedure. today to be so privileged in placing before this The President thereupon requested that Delegate history-making and honored Convention, for elec Crossley take the Chair and preside temporarily. tion as its permanent President, Hawaii’s own Delegate Crossley thereupon assumed the Chair. native son, a keiki hanau o ka ama. Delegates Mau and Heen also rose to add their Born 63 years ago on Vineyard Street, Oahu, to seconds to the nomination of Delegate King as Presi a part-Caucasian and part Hawaiian mother, whose dent. Caucasian ancestors first came to these beautiful Delegate James K. Trask moved that the nomina islands from New England in 1793, the son of an tions be closed and that the Clerk be instructed to illustrious Scotch father, whose services to cast a unanimous ballot for the election of Samuel FIRST DAY • Tuesday, April 3, 1950 5 Wilder King as President of the Constitutional Con ed to cast a unanimous ballot for Thomas T. Sakaki vention. The motion was seconded by Delegate Hayes. hara as Vice-President from the First Senatorial Delegate Harold W. Rice at this time suggested District. The ballot having been so cast, Delegate that before the vote was taken, Mrs. King, who was Sakakihara was declared unanimously elected Vice- seated in the audience, be escorted to the platform. President from the First Senatorial District. The Acting Chairman thereupon appointed Delegate Delegate Crossley then placed in nomination the Arthur K. Trask as a committee of one to escort name of Delegate Charles A. Rice as Vice-President Mrs. King to the platform. Mrs. King was then es from the Fourth Senatorial District. The motion was corted to the platform by Delegate Arthur K. Trask seconded by Delegate Mizuha. Delegate Serizawa and seated next to former Delegate to Congress, moved that the nominations be closed. Seconded by Victor K. Houston. Delegate Crossley, and carried; and the Clerk was in The motion to close the nominations for President structed to cast a unanimous ballot for Delegate of the Constitution, and to instruct the Clerk to cast Charles A. Rice as Vice-President from the Fourth a unanimous ballot for Mr. King as President, was Senatorial District. The ballot having been so cast, put and unanimously carried. The ballot having been Delegate Charles A. Rice was declared unanimously so cast, Delegate King was declared unanimously elected Vice-President from the Fourth Senatorial elected as President. District. In a few well-chosen words, President King ex Delegate Cockett thereupon placed in nomination pressed his appreciation for the honor accorded him, the name of Delegate Woolaway as Vice-President and stated that he would endeavor to carry out the from the Second Senatorial District. The motion duties of his office in an impartial and unbiased man was seconded by Delegate Kido. Delegate Harold W. ner. He expressed the firm belief that the constitu Rice placed in nomination the name of Delegate Mar tion which would be drafted by this Convention would guerite K. Ashford as Vice-President from the Sec be approved by Congress and that Hawaii would be ond Senatorial District. The motion was seconded admitted into the sisterhood of states within the next by Delegate Wirtz. Delegate Harold W. Rice moved year or two at the latest. that the nominations be closed. Seconded by Dele Delegate Ashford at this time rose and said: gate Wirtz, and carried. There being more than one nominee for the office The Elder Statesman from Molokai is recover of Vice-President from the Second Senatorial Dis ing now from a very grave illness, but that illness trict, the Chairman stated that the delegates would has not interfered in the slightest degree with the deep interest and concern he has always felt for vote thereon by ballot; and he appointed, as official Hawaii and its future. To mark his long friend tellers, to count the ballots, Delegates Crossley, ship for you and his admiration for you, and his Mizuha and Charles H. Silva. The ballots were great interest in all that concerns our lovely is thereupon distributed to the members for balloting land home, he has charged me with the most agree on these two nominees—Delegate Arthur Woolaway able duty of presenting to you, Mr. President, the and Delegate Marguerite K. Ashford. The balloting gavel with which he presided over the Territorial being completed, the votes were brought to the Senate. Aloha from George P. Cooke and from Clerk’s desk and counted by the tellers, with the Molokai. following results: Arthur Woolaway, 33 votes; Mar guerite K. Ashford, 29 votes; Harold W. Rice, 1 vote. The gavel was at this time presented to President The Chair thereupon announced the election of King, who in accepting it, said: Delegate Woolaway as Vice-President from the Sec ond Senatorial District. I appreciate very much this gift and the senti ment that goes with it from former Senator George Delegate Porteus then placed in nomination as P. Cooke who wielded it with gusto and with fair Vice-President from the Third Senatorial District the name of Hiram L. Fong. Delegate Kam seconded ness for several sessions when he was presiding the motion. Delegate Lai moved that the nominations officer in the Senate; and I shall emulate his be closed. Delegate Anthony rose to nominate Dele splendid example and send him my warmest aloha. gate Heen as Vice-President from the Third Senato Delegate Heen moved that the Convention now pro rial District. The motion was seconded by Arthur ceed with the election of the Vice-President from K. Trask. Delegate Heen rose and declined to ac the First Senatorial District. Seconded by Delegate cept the nomination as Vice-President from the Third Lee, and carried. Delegate Charles H. Silva there Senatorial District, and expressed his appreciation upon placed in nomination, as Vice-President from for the honor bestowed upon him. Delegate Kauhane the First Senatorial District, the name of Delegate then seconded the motion by Delegate Lat to close Thomas T. Sakakihara. The motion was seconded the nominations for Vice-President from the Third by Delegate Yamamoto. Delegate Okino moved that Senatorial District. the nominations be closed. Seconded by Delegate The Clerk was thereupon instructed to cast a u Yamauchi, and carried; and the Clerk was instruct- nanimous ballot for the election of Delegate Fong as 6 CONVENTION JOURNAL Vice-President from the Third Senatorial District Chief Clerk. The motion was seconded by Delegate The ballot having been so cast, Delegate Fong was Apoliona. Delegate Apoliona then moved that the declared unanimously elected as Vice-President from nominations be closed. Seconded by Delegate Kau the Third Senatorial District. hane, and carried. The temporary Assistant Clerk Delegate Kometani at this time placed in nomina was instructed to cast a unanimous ballot for the tion the name of Delegate Porteus as Secretary of permanent Chief Clerk; and the ballot having been the Convention. The motion was seconded by Dele so cast, Mrs. Ellen D. Smythe was declared to have gate Smith. Delegate Kellerman also seconded the been unanimously elected to such office. motion. Delegate James K. Trask moved that the The next order of business being the election of nominations be closed. Seconded by Delegate Hol an Assistant Clerk, Delegate Charles H. Silva mov royde; and the Clerk was thereupon instructed to ed that Mrs. Ethel C. Chillingworth be nominated to cast a unanimous ballot for Delegate Porteus as Sec fill such position. The motion was seconded by Dele retary of the Convention. The ballot having been so gate Sakakihara, and carried. Delegate Crossley cast, Delegate Porteus was declared to be unani thereupon moved that the nominations be closed. mously elected as Secretary of the Convention. Seconded by Delegate Frank G. Silva, and carried; The President thereupon asked the four duly and the Chief Clerk was instructed to cast a unani elected Vice-Presidents and the Secretary to come mous ballot for Mrs. Chillingworth as Assistant to the platform and be presented to the Convention. Clerk. The ballot having been so cast, Mrs. Accordingly, Delegates Charles A. Rice, Arthur Chillingworth was declared to have been unanimous Woolaway, Hiram L. Fong, Thomas T. Sakakihara ly elected to fill such position. and Hebden Porteus, as the four Vice-Presidents The next order of business being the election of and Secretary, respectively, took their places on a Chaplain for the Convention, Delegate White placed the platform, after being presented to the Conven in nomination the name of the Reverend Henry P. tion by the President. Judd. The motion was seconded by Delegate Ash- The Chair thereupon appointed Delegates Hayes, ford. Delegate Castro then moved that the nomina Kellerman, Corbett, Akau and Ashford as a commit tions be closed. Seconded by Delegate Crossley, tee of five to wait upon the Governor and escort him and carried. The Chief Clerk was thereupon in to the Convention Hall at 2:30 o’clock this afternoon. structed to cast a unanimous ballot for the Rev. At 1:30 o’clock p.m., upon motion by Delegate Henry P. Judd as Chaplain of the Convention. The Mau, seconded by Delegate Tavares, the Convention ballot having been so cast, Rev. Henry P. Judd was stood in recess until 2:30 o’clock p.m., at which declared to have been unanimously elected as Chap time it will reconvene to hear from the Governor lain. and the Delegate to Congress from Hawaii. Nominations being now in order for two Sergeants- at-Arms, Delegate Harold W. Rice placed in nomina tion the name of Charles J. Brenham as one of such AFTERNOON SESSION Sergeants-at-Arms. The motion was seconded by The Convention reconvened at 2:43 o’clock p.m., - Delegate Charles H. Silva. Delegate Kometani with the President presiding and a quorum being thereupon nominated Mr. Herman F. Kuhlman as present. At this time the committee of five, appoint the other Sergeant-at-Arms. The motion was sec ed to wait upon the Governor and escort him to the onded by Delegate Hayes. Delegate Castro moved Convention Hall, left to carry out its mission. that the nominations be closed. Seconded by Dele At 2:45 o’clock p.m., the Convention stood in re gate Sakakihara, and carried. The Chief Clerk was cess, subject to the call of the Chair. thereupon instructed to cast unanimous ballots for At 2:55 o’clock p.m., the Convention reconvened these two nominees as Sergeants-at-Arms of the and Governor Ingram M. Stainback, escorted by the Convention. The ballots having been so cast, committee of five delegates, arrived and was pre Messrs. Charles J. Brenham and Herman F. Kuhl sented to the Convention. man were declared to be unanimously elected as Governor Stainback then delivered his address Sergeant-at-Arms for the Convention. to the Convention (see Sec. B, Governor’s Mes Delegate Richards offered a resolution provid sage No. 1). At the conclusion of the Governor’s ing for the adoption of the Constitution of the United message, he was thanked by President King for his States by the Convention, on behalf of the people of very splendid address. At this time, Delegate the proposed State of Hawaii, and affirming its ad Arthur K. Trask stated that this historic speech herence to the said Constitution of the United States, made by the Governor should be made a part of the which was read by the Clerk (see Sec. B, Res. official proceedings of this Convention, and he so No. 3). Upon motion by Delegate Richards, seconded moved. Seconded by Delegate Kauhane, and carried. by Delegate Kauhane, the resolution was unanimously The next order of business being the election of adopted. employees of the Convention, Delegate Hayes placed Delegate Porteus offered a resolution on behalf of the name of Mrs. Ellen D. Smythe in nomination as all of the delegates expressing and conveying the- SECOND DAY • Wednesday, April 5, 1950 7 sincere gratitude and deep appreciation of the people mittee on Education in the Constitutional Convention, of the Territory of Hawaii and the future State of was read by the Clerk (see Sec. B, Misc. Corn. No. Hawaii, by their Constitutional Convention delegates, 2). The communication was received and the Clerk to the Honorable Harry S. Truman, President of the was instructed to acknowledge the same; and the United States, for his consistant support and cham communication will be assigned to the proper com pionship of the great cause of statehood for Hawaii mittee later. (see Sec. B, Res. No. 4). Upon motion by Delegate The President announced at this time that the Porteus, seconded by Delegate James K. Trask, the temporary rules of the Convention, which had been resolution was adopted unanimously. adopted, call for the appointment of a temporary Delegate Mau moved that the Clerk be instructed Committee on Permanent Rules, in accordance with to circularize the resolution for the purpose of ob Rule 8, consisting of 17 members. In carrying out taining the signatures of all of the delegates. The the provisions of this temporary rule, the Chairman motion was seconded by Delegate Porteus, and car announced that he had appointed the following dele ried. Delegate Heen moved that a photostatic copy gates as the 17 members of said temporary Commit containing the signatures of all delegates be made tee on Permanent Rules: Chairman, President King; and forwarded to the President of the United States. Vice Chairman, Delegate Heen; Members: Delegates The motion was seconded by Delegate Mau, and car Okino, Sakakihara, Charles H. Silva, St. Sure, Wirtz, r led. Anthony, Tavares, Porteus, Wist, Fong, Fukushima, At this time, Delegate Mau moved that the Con Kauhane, Mau, Richards and Crossley. vention reconsider its action in adopting Resolution The Chair asked Vice-Chairman Heen to set the No. 4. The motion was seconded by Delegate Kau time and place of the initial meeting of this commit hane, and carried. Delegate Mau thereupon moved tee, and to inform the Chair thereof in order that he that the resolution be amended by inserting the words might be there if possible, and if not, for the Vice- “of America” after the words “United States” where- Chairman to preside in his stead; and that any sug ever the same appear in the resolution. Delegate gestions which any of the members might care to Mau moved for the adoption of the amendment. Sec make to this committee should be made to the Vice- onded by Delegate Kauhane and carried. Upon motion Chairman, rather than to him. by Delegate Mau, seconded by Delegate Kauhane, the Delegate Heen moved at this time that when the resolution, as amended, was adopted. Convention adjourns each day it does so until The President announced that Delegate Farring 11:00 o’clock a.m. of the next day, unless otherwise ton had asked that instead of addressing the Conven ordered by the Convention. The motion was second tion this afternoon, he be permitted to deliver his ed by Delegate Porteus, and carried unanimously. address at some agreed upon hour on Thursday. Delegate Porteus stated that inasmuch as Friday, Upon motion by Delegate Fong, seconded by Dele April 7th, was Good Friday, and a territorial holiday, gate Woolaway, Delegate Farrington is to be invited he moved that when the Convention adjourns on to address the members of the Convention at some Thursday, it adjourns until 11:00 o’clock a.m., on hour on Thursday, April 6th, which hour would be Monday, April 10th. The motion was seconded by agreed upon later. Delegate Crossley, and carried. Delegate Porteus, on behalf of all the delegates, At 4:00 o’clock p.m., upon motion by Delegate offered a resolution commending the Honorable Oren Kauhane, seconded by Delegate Noda, the Conven E. Long, Secretary of Hawaii, for his splendid and tion adjourned until 11:00 o’clock a.m., on Wednes successful efforts in regard to the plans and arrange day, April 5, 1950. ments for the holding of the Constitutional Conven tion, and expressing the appreciation and gratitude of the people of the Territory to Mr. Long (see SECOND DAY • Wednesday, April 5, 1950 Sec. B, Res. No. 5). Upon motion by Delegate Porteus, seconded by Delegate Noda, the resolution The Hawaii State Constitutional Convention con was unanimously adopted. vened at 11:00 o’clock a.m., pursuant to adjournment, A communication from the executive secretary with President King presiding. of the Hawaii Education Association, in the form of The divine blessing was invoked by Chaplain Hen a radiogram sending greetings to the Delegates of ry P. Judd, after which the roll was called showing the Convention, was read by the Clerk (see Sec. B, all delegates present, with the exception of Delegate Misc. Corn. No. 1). The communication was re Kageyama excused on account of illness. ceived and the Clerk was instructed to acknowledge Delegate Heen moved at this time that the reading the same, expressing the appreciation of the delegates of the j~ournal of the first day be waived; and further for the sentiments expressed therein. moved that the minutes of the Convention be exam A communication, in the form of a radiogram, ined each day by the President and the Secretary of from the executive secretary of the Hawaii Education the Convention, and if they are found to be in order Association urging that there be established a Corn- by these two officers, that they approve the same. 8 CONVENTION JOURNAL The motion was seconded by Delegate Crossley, and o’clock a.m. The amendment was seconded by Dele carried. gate Harold W. Rice, and carried. Upon motion by The Chair stated that in checking the journal of Delegate Charles A. Rice, seconded by Delegate the convention of the first day it had been found that Harold W. Rice, the motion, as amended, was put and Resolution No. 2, providing for the adoption of the carried. temporary rules of the Convention, had not been The Convention thereupon adjourned at 11:20 o’ acted upon for the reason that when. Delegate Wist clock a.m., until 10:00 o’clock a.m., on Thursday, had moved that the rules, as amended, be adopted, April 6, 1950. a point of order was raised that since each rule had been adopted individually, there was no necessity of THIRD DAY • Thursday, AprH 6, 1950 adopting the Rules as a whole. Therefore, the mo tion which would have adopted the resolution and the The Convention convened at 10:00 o’clock a.m., rules as amended, had been lost. pursuant to adjournment, with President King in the Delegate Wist thereupon moved that Resolution Chair. No. 2 be amended to read as fdllows: Alter the opening prayer by Chaplain Judd, the BE IT RESOLVED that the temporary rules roll was called, showing all delegates present, with of the Convention be adopted in the form approved the exception of Delegate Kageyama, excused on by the Convention on April 4, 1950. account of illness. The journal of the second day was read and approved. The motion was seconded by Delegate Porteus, At this time, President King stated that the hour and carried. Upon motion by Delegate Wist, sec set for the address by Hon. Joseph R. Farrington, onded by Delegate Porteus, the resolution, as amend Delegate to Congress from Hawaii, being 10:00 ed, was adopted, thereby adopting the rules, as o’clock this morning, had arrived. The President amended. thereupon appointed Delegates Flora K. Hayes, Mar Delegate Sakakihara moved at this time that cop guerite K. Ashlord, Elizabeth R. Kellerman, Ann H. ies of H. R. No. 49 of the Congress of the United Corbett, and Trude M. Akau as a committee of five States be secured and mimeographed for distribu to escort Delegate Farrington to th~ speaker’s plat tion to all the delegates. form. Delegate Heen moved that the motion be amended Mr. Farrington being in attendance, the commit to read: tee so appointed escorted him to the platform and That a copy, of H. R. No. 49 of the Congress placed a lovely white carnation lei about his shoul of the United States be secured in the form at ders. The Committee having carried out its mission, present before the Senate of the Congress of was discharged and left the speaker’s platform. the United States, and that it be mimeographed In presenting Mr. Farrington to the Convention, for distribution to the members. the President said: The motion, as amended, was seconded by Dele Mr. Farrington has championed the cause of gate Sakakihara, and carried. statehood throughout his entire public career, Delegates Fong, Ohrt, Kam, Fukushima, Richards, and I know that we shall appreciate the opportu Holroyde, Kauhane, Noda, Akau, Bryan, Gillilland, nity of hearing from him. Mr. Farrington. Kanemaru, Dowson, Mau, Shimamura, Arthur K. Trask and James K. Trask offered a resolution Mr. Farrington prefaced his address with the requesting the governors of the 48 states and of the following remarks: territories of the United States to furnish the Hawaii State Constitutional Convention with a flag of their Mr. President and, shall I say “fellow Dele respective states and territories for the convention gates,” the frequent reference to the fact that I, hail during the period in which this Convention re as Delegate to Congress from Hawaii, serve in mains in session for the purpose of drafting a con the House with a voice but without a vote, some stitution for the proposed State of Hawaii (see Sec. times makes me feel like the small boy who re B, Res. No. 6). Upon motion by Delegate Fong, sec turned home from church one day and told his onded by Delegate James K. Trask, and carried, the father in great glee and pride that he had been resolution was adopted. selected for the church choir. His father looked At this time, Delegate Porteus moved that the at the boy and said: “I am extremely proud of Convention adjourn until tomorrow at 11:00 o’clock you—you must be a very good singer;” and the a.m., and at that time it convene to hear an address boy looked at his father and replied: “Well, I by Honorable Joseph R. Farrington, Delegate to Con am not so sure I am a good singer but I sure can gress from Hawaii. Delegate Charles A. Rice offer sing loud.” ed an amendment to the motion, that the hour of con I want to say to you that that story has its ap vening be set at 10:00 o’clock a.m., instead of 11:00 plication to the proceedings that you are engaged THIRD DAY • Thursday, April 6, 1950 9 in now, because before you are through I believe were those responsible for the administration of that the results of this Conventi~ will not only the territories, including Hawaii. After the latter be heard in all parts of this country, but in many had made declarations in favor of statehood, I parts of the world. was asked to testify. I concluded with this state ment: Mr. Farrington then proceeded with his address We of Hawaii have outgrown our present form as follows: of government. Every inquiry made, with the ex The invitation to address this historic gather ception of possibly the last one, has found that we ing is an honor and a privilege that I deeply ap have met all of the requirements of statehood. preciate. I earnestly hope and fully expect that And now, we would like to know finally whether the outcome of the deliberations on which you are we are to be given what we feel we were prom now embarked will be the admission of Hawaii to ised and have earned. the Union as the 49th State. In response, the Chairman of the Committee, The record of this Convention may very well Senator Joseph C. O’Mahoney of Wyoming, made determine whether we will win statehood at this this statement, and I quote from the record of time. It should be the final proof of our ability that hearing: to assume the responsibilities of state govern “I think I can assure you, Delegate Farr[ng ment; the most compelling argument that we have ton, that this Committee will actively go into the qualified in all respects for this status. I do not whole question. What the decision will be I, of believe, therefore, that you can possibly underes course, can’t say at this time. But there will be timate the importance of this undertaking. no disposition to evade or postpone the issue as You are to be congratulated on having been soon as we can swing into action.” chosen for this historic undertaking. I believe Following the action of the House early in the voters of Hawaii have chosen unusually well. March of this year in adopting the statehood bill The people of the Territory generally are very by a vote of 262 to 110, 1 wrote Chairman O’Ma happy about the results of the election of dele honey asking that prompt action be taken by the gates to this convention. I find the feeling almost Senate on the legislation providing statehood for universal among our people that we have in you Hawaii. In my letter, I quoted his statement of who are delegates to this convention the men and February, 1949 that I have just presented. In his women best able by long experience and tested reply, Senator O’Mahoney made this statement: ability to undertake the task of drafting a consti “I have your letter of March 9th asking for tution for the State of Hawaii. early hearings in consideration of H. R. 49. The result of the election demonstrates the There is no reason for you to believe that I have intelligence and the thoughtfulness of our voters. changed my stand since February of 1949, at It should inspire new confidence in the soundness which time I made certain statements which you of democratic processes. Both the manner in now quote back to me.” which the election was carried on, as well as its The subsequent action of Chairman 0’ Mahoney outcome prove beyond a shadow of a doubt that in asking the Committee to fix a date for hearings the people of this Territory are keenly aware of on the question of statehood for Hawaii, and the the importance of the task that has been assigned decision of the Committee to start hearings on to you. statehood for Hawaii on May 1st, makes it clearly Certainly, the cause of statehood has been evident that the Chairman of this Committee fully strengthened immeasurably by the results of this intends to carry out his declaration that “there election. The record of the votes cast shows that will be no disposition to evade or postpone the the people of Hawaii, in overwhelming numbers, issue as soon as we can swing into action.” are determined to win statehood now. The record The Committee has clearly swung into action, of delegates chosen, both individually and collec and it is our responsibility to be fully prepared tively, is complete and should be final refutation to meet the opportunity that this presents. of the ugly charges of the Butler Report of 1948. Our purpose should be to win statehood for We are fortified by both with new and compelling Hawaii in this session of Congress. I believe evidence that Hawaii is ready now for statehood. this can be done. The forces now supporting us The Committee on Interior and Insular Affairs are so much stronger and the circumstances un began its work in this Congress with hearings that der which we are proceeding so much more fa opened in January of 1949 —shortly after the first vorable than at any time in the past, that we will session was reconvened. The purpose of these be remiss in our duty if we do not do everything hearings was to inform the members of the Com we possibly can to win statehood before this ses mittee generally on their responsibilities. sion of Congress adjourns this summer. The witnesses included most of the principal The statehood bill, H. R. 49, as passed by the officials of the Interior Department. Among them House, and now pending in the Senate, should be 10 CONVENTION JOURNAL amended so as to qualify the election by which Hawaii at the outset of the admission of Hawaii you were chosen and the convention now in ses to the Union as a state, and the title of the bal sion under the terms of the bill now pending in ance will pass into the hands of the State of Congress. As passed by the House, H. R. 49 Hawaii in five years unless Congress should de authorizes the election of 63 delegates to a con termine otherwise. The selection of a joint com stitutional convention in a slightly different form mittee of Congress to make this determination than the election held under the terms of the law is provided for. passed by the legislature for this purpose. I believe also that provision in the bill to pro Shifts in the population shown in the election of tect the lands set aside for the rehabilitation of 1948 made this necessary. I will propose, there the Hawaiians under the Hawaiian Homes Com fore, an amendment substituting for provisions mission Act and perpetuate the responsibility of for an election now in H. R. 49, the identical pro the Federal government for their proper adminis visions contained in the law under which you were tration should be surrounded with every possible chosen. safeguard. I would like your thought on this as well as I call these provisions of the statehood bill to the advisability of amending the bill pending in your attention as they may have some bearing on the Senate so as to make it unnecessary for this your deliberations on this very important aspect convention to report to the legislature of the of writing a state constitution. Territory of Hawaii. Unless the law is so amend Many of you who are sitting in this Convention ed, the results of this convention cannot be pre are at the same time members of our legislature, sented to the people of the Territory before the and members of the Hawaii Statehood Commission. legislature of 1951 meets, unless the legislation This gathering offers, therefore, an unusual oppor is called into special session. I understand, tunity to arrive at a program of action upon which moreover, that the reason which prompted the all concerned can be united. I do not anticipate legislature to place this provision in the law un that you will be able to conclude your deliberá der which you are meeting was the prohibition tions prior to the opening of hearings on May 1st, in the Organic Act at that time under which mem but do believe you may have reached by that time bers of the legislature were held by the Attorney a point in your deliberations where the final out General to be ineligible for election to the consti come will be clear. This will be helpful in any tutional convention. This was eliminated by an presentation that we make to the Senate Commit amendment to the Organic Act, approved by Con tee. gress in the first session and well before the From time to time, the partisan aspect of the election of delegates to the constitutional conven fight for statehood has been the object of consider- tion. I believe, therefore, that the reason for able comment and speculation. I would be the this provision in the Territorial law has been last to say that it is not a factor. The record eliminated and suggest that in order to make this shows that it is. But the record shows also that procedure conform with the pattern provided in the progress has been achieved with support not most enabling acts, that the bill before the Sen from one party, but from both parties, and that ate be amended so that it will be possible to victory cannot be achieved without support from carry the results of your work directly to the both parties. I feel, therefore, that we should people of the Territory for their approval with proceed on a bi-partisan basis. I believe ex out first submitting it to the legislature. perience has shown that this is the best, if not We should be prepared to defend the provi the only way to prevent partisanship from deter sions in H. R. 49 relating to the disposition of mining the outcome of this fight. the public lands of the Territory. The title to The issue of statehood for Hawaii will resolve about 40% of the land of these Islands—about itself finally into two questions. The first is, do 1,600,000 acres out of a total of about 4,000,000 the people of Hawaii possess the character, abili acres is held by the government of the United — ty and loyalty essential to the full responsibilities States. The title to this land was ceded to the of American citizenship? The second is, shall government of the United States as one of the our country admit to the union as a state an area conditions of annexation. Those of you sitting that is insular and not contiguous to the other in this convention who attended the hearings be states? fore the House Committee on Public Lands in The foes of statehood for Hawaii have for many 1947 are well aware of the controversy that took years employed every possible device to discre place at that time over the disposition of these dit, prejudice and bring into doubt the character lands. The bill as.finally passed by the House in of our people. They are still at work along this the last Congress and again in this Congress pro line. But I believe there will be no better answer vides that 180,000 acres of these lands will be to these attacks from the record that is going to selected and become the property of the State of be made by you who are assembled here. I am THIRD DAY • Thursday, April 6, 1950 11 confident that it will offer a complete and final sented a report recommending the consideration by answer to charges of this character. the Convention of the set of rules which was sub You know as readily as I do the answers to mitted therewith, and recommended, at this time, the arguments raised on the question of non- the adoption of Rules 1 to 15, inclusive (see Sec. B, contiguity. I mention this only because it looms Special Corn. Rpt. No. 1). large in the minds of a very considerable number Delegate Heen made a few explanatory remarks of members of the Senate. It was used with con concerning the various proposed rules submitted sider’able effect in the debate in the House of Re with the report; and suggested that after the motion presentatives in Washington of the question of is made to adopt the report, and the motion is sec statehood for Hawaii. I mention it now only by onded, the Convention go into a short recess so as way of emphasizing the unusual significance of to give every delegate an opportunity to read more your task. carefully the contents of these rules 1 to 15, inclu For the first time in 38 years a constitution sive, before acting on the report. is being drafted for a new state. For the first Delegate Heen then moved for the adoption of the time in the history of this country, a constitution committee’s report. Delegate Crossley seconded is being drafted for a state that is not a part of the motion, and stated that he would like also to the North American continent, a state which is commend Delegate Heen on the excellent work he not contiguous. It may present some new and did prior to the Convention, and since, in getting unique problems. But whatever the case may these rules together for presentation to the Conven prove to be, you may be certain that yours is a tion. task that in some respects is without parallel in Delegate Heen then moved that, before the motion our history. You may very well be working a new to adopt the report is put, the Convention stand in chapter in the history of democratic government. recess, subject to the call of the Chair. The motion The deliberations in which you are engaged was seconded by Delegate Porteus, and carried. Ac will, therefore, command an increasing measure cordingly, at 10:30 o’clock a.m., the Convention of attention from Congress and from the people stood in recess, subject to the call of the Chair. of the country generally as they come to appreci At 11:08 o’clock a.m., the Convention reconvened. ate the significance of what you are doing. I am The Chair stated that at the time of the recess a sure this will be true particularly of other coun motion, duly made and seconded, was pending before tries in the world that have within the scope of the Convention, to adopt the report of the temporary their responsibilities so-called dependent areas Committee on Permanent Rules, which would adopt where the people live in inferior status and enjoy rules 1 to 15, inclusive. only restricted rights of citizenship. They will Delegate Heen again made some further explana follow this development with the closest attention. tory remarks concerning the rules before the Con In carving out the new State of Hawaii, we are vention. adding immeasurably to the strength of this The Chair thereupon put the motion for the adop country both at home and abroad. I am confident tion of the report of the temporary Committee on that the members of the United States Senate, Permanent Rules, which carried unanimously, there like the members of the House, will be finally by adopting permanent rules 1 to 15, inclusive. persuaded that such is the case and in addition Delegate White moved that the Convention at this that consideration, of national defense and foreign time resolve itself into a Committee of the Whole policy make it important that Hawaii be admitted for the purpose of considering rules 19 to 65 inclu to the Union at this time. sive, rules 16, 17, and 18 being excluded from con I wish to again express my appreciation for sideration at this time. this opportunity to be with you on this historic Delegate Heen thereupon stated that there should occasion and in conclusion to extend to you my be a motion at this time for the approval of the seat very best wishes for success in the great task ing arrangement of the delegates in the Convention to which you have been assigned. Hall, as there is nothing in the rules which provides for it, the motion to be to the effect that the seating At the conclusion of the address, President King arrangement in the Convention Hall as it now is expressed the thanks of the delegates for his very shall constitute the seating arrangement of the dele fine talk, whereupon Mr. Farrington retired from gates to this Convention. Delegate Heen so there the platform. Delegate Hayes moved that the ad upon moved. The motion was seconded by Delegate dress given by Mr. Farrington be made a part of Sakakihara. the records of this Convention. The motion was sec The President stated that before putting the mo onded by Delegate Woolaway, and carried unani tion he would like to inquire if all of the delegates mously. were satisfied with the present seating arrangement At this time, Delegate Heen, Vice-Chairman of as, under the rules, the President is responsible for the temporary Committee on Permanent Rules, pre assigning the seats to the delegates. 12 CONVENTION JOURNAL Delegate Larsen registered a complaint to his Hall while the delegates are in session; and that the seat, in the back row; and also stated that he was masculine members of the Convention would wear very much in favor of returning to Jolani Palace their coats. where seats could be assigned to the delegates alpha The Chair announced that there was pending be betically. As far as lack of space for visitors was fore the Convention at the time the recess was de concerned in the Hall of the House of Representa clared, a motion which provided that the Convention tives in the Palace, Delegate Larsen felt that the resolve itself into a committee of the whole for the President could arrange for various schools and consideration of rules 19 to 65, inclusive. Delegate organizations desiring to attend the Convention ses White thereupon withdrew his motion calling for the sions, to come at stated times, so that there would Convention to resolve itself into a committee of the be sufficient room to accommodate them. He asked whole for the consideration of the said rules; and that the Convention consider this. Delegate Castro thereupon withdrew his second. The Chair stated that any approval of the present The President at this time announced that the seating arrangement in this Convention Hall would temporary Committee on Permanent Rules had not preclude a change of location later on. scheduled a meeting of that committee for 2:00 Delegate Mau stated that he would like to offer o’clock this afternoon, and that any members having an amendment to that motion, but before he did so, suggestion$ to submit should place them before he would like to explain his stand on the matter, said committee, and that any of the delegates so de which he proceeded to do. Delegate Mau thereupon siring would be welcome to attend this meeting. moved that the motion be amended to provide that Delegates Hayes and James K. Trask offered a the President fix the procedure by drawing lots for resolution providing for an official register for the these seats. purpose of preserving the signatures of the 63 dele Delegate Ashford moved to amend that motion gates to the Convention, and such guests of the Con further to read that the Convention withdraw from vention as might care to sign the same; the first the Armory and return to lolani Palace. The motion, signatures to be those of the delegates, followed by as amended, was seconded by Delegate Larsen. the names of the honored guests who were seated on Delegate Porteus informed the delegates that the the platform on the opening day; and for the signa engineers were now working on the public address tures of any other visitors during the entire session system, and that if the delegates would wait until of the Convention; and thereafter to be filed with the Monday he felt that a great improvement in the Archives as part of the records of the Convention acoustics of the hall would be made. (see Sec. B, Res. No. 7). Upon motion by Delegate At this juncture, Delegate Heen rose to a point Hayes, seconded by Delegate James K. Trask, the of order on the amendment, stating that the ques resolution was adopted. tion before the Convention was the seating arrange Delegate Mau offered a resolution inviting Mr. ment here in the Armory, and not a question of George H. Lehleitner, presently visiting in Hawaii, whether the Convention stay in its present quarters to attend the Hawaii State Constitutional Convention or return to lolani Palace. Therefore, the amend at his convenience, as an honored guest, because of ment to the motion was not a proper one. his ardent advocacy of statehood for Hawaii (see The Chair ruled that the point of order was well Sec. B, Res. No. 8). Delegate Heen moved that action taken. on the resolution be deferred until a later date. Sec Delegate Fong moved that action on this motion onded by Delegate Anthony, and carried. be deferred until Monday, April 10th. Seconded by A communication from Oren E. Long, Secretary Delegate Porteus, and carried. of Hawaii, transmitting a communication from Joe The Chair stated that the only motion now before C. Harper, Warden of Oahu Prison, and Thomas B. the Convention was Mr. White’s motion, which had Vance, Director of Institutions, presenting on behalf not been seconded. Mr. Castro thereupon seconded of the state prison system a miniature example of Mr. White’s motion that the Convention resolve it Hawaii’s prison industries (a koa outrigger canoe), self into a Committee of the Whole for the considera to each of the delegates, and extending good wishes tion of Rules 19 to 65. for success in the task before the Convention, was Delegate Harold W. Rice moved that the Conven read by the Clerk (see Sec. B, Dept. Com. No. 1). tion at this time stand in recess, and that during the The communications were received and placed on recess the various district delegates get together file; and the Chief Clerk was instructed to acknowl for a discussion of the rules under consideration. edge the communication from the Warden of Oahu The motion was seconded by Delegate Mau, and car Prison and the Director of Institutions, and to ex ried; and at 11:30 o’clock a.m., the Convention press to them the thanks and appreciation of the dele stood in recess, subject to the call of the Chair. gates for the presentation made to them and for their At 12:30 o’clock p.m., the Convention reconvened. well wishes. President King announced at this time that hence A communication from the Secretary of Hawaii forth there would be no smoking in the Convention acknowledging receipt of certified copy of Conven FOURTH DAY • Monday, April 10, 1950 13 tion Resolution No. 5, was read by the Clerk (see Permanent Rules. The motion was seconded by Sec. B, Dept. Corn. No. 2). Thecommunication was Delegate Crossley, and carried; and the amended received and placed on file. rules were thereby adopted by the Convention. A communication from the Secretary of Hawaii Delegate Arthur K. Trask asked that considera transmitting a letter from the Chamber of Commerce tion be deferred on Rule 46. Delegate Charles H. of Honolulu, urging the formation of a committee of Silva thereupon rose on a point of order, stating that delegates to consider as a part of the state constitu before any further action was taken on the adoption tion the subject of public education, and expressing of the rules, it would be necessary for the Conven the confidence of the Chamber in the elected dele tion to reconsider its action taken in adopting the gates in carrying out their responsibilities, was rules. Delegate Anthony moved that the Convention read by the Clerk (see Sec. B, Dept. Corn. No. 3). reconsider its action taken in adopting the rules as The communications were received and placed on amended. Seconded by Delegate Charles H. Silva, file; and the Chief Clerk was instructed to acknowl and carried. edge the communication from the Chamber of Com Delegate Arthur K. Trask moved that the second merce of Honolulu, and to inform this organization sentence of the second paragraph of Rule 46, be that its communication would be referred to the prop amended by deleting the word “unanimous” before er committee when it is appointed. the word “consent,” and that the words “majority At 12:40 o’clock p.m., upon motion by Delegate consent of the delegates present” be substituted Crossley, seconded by Delegate Woolaway, the Con therefor. It being explained to Delegate Trask that vention adjourned until 11:00 o’clock a.rn., on Mon the rules could be amended or suspended at any time day, April 10, 1950, in accordance with action taken by a majority vote, he withdrew his motion to defer at the session held on April 4th. action on Rule 46. Delegate Crossley thereupon moved for the adop tion of the amended rules in toto. Seconded by Dele gate Arthur K. Trask, and carried. FOURTH DAY • Monday, April 10, 1950 At this time, President King asked that the regu lar order of business be suspended to receive a The Convention convened at 11:05 o’clock a.m., group of distinguished guests in the persons of the with President King in the Chair. Korean Consul General at Honolulu and the chairman After prayer by Chaplain Judd, the roll was call and members of the National Assembly, Republic of ed showing all delegates present, with the exception Korea. The President appointed Delegates Cockett, of Delegates Hayes and Kawakami excused, and Dele Smith, Kanemaru, Dowson and Bryan as a commit gate Kageyama, absent. The journal of the third day tee of five to wait upon these notables and escort was approved. them to the platform. Delegates Crossley, Charles A. Rice, Frank G. Delegate Harold W. Rice then moved that the Con Silva, Serizawa and Mizuha offered a resolution ex vention stand in recess, subject to the call of the tending the sympathy of the members of the Conven Chair. Seconded by Delegate Wirtz, and carried; tion to Delegate H. S. Kawakami and his family in and at 11:20 o’clock a.m., the Convention stood in the great sorrow that has come to them in the loss recess, subject to the call of the Chair, in order that of their daughter, Ellen (see Sec. B, Res. No. 9). the committee might carry out its mission. Upon motion by Delegate Crossley, seconded by Dele At 11:24 o’clock a.rn., the Convention reconvened, gate Charles A. Rice, the resolution was unanimous and the honored guests were escorted to the platform ly adopted by the rising vote. by the committee and greeted by the President, who Delegate Heen, for the temporary Committee on thereupon presented the Honorable Young Sik Kim, Permanent Rules, presented a final report recom Consul General for the Republic of Korea, at Hono mending the adoption of the entire set of rules as lulu, to the Convention; and then asked Consul Gen the permanent rules of the Convention, as amended eral Kim to present the members of the National and submitted with the report (see Sec. B, Special Assembly, Republic of Korea, to the Convention. Corn. Rpt. No. 2). Delegate Heen moved that the re Consul General Kim proceeded with the presenta port of the committee be adopted. Seconded by Dele tions as follows: Mr. P. H. Shinicky, Chairman of gate Kauhane, and carried. the Korean National Assembly; Dr. Hoon Koo Lee Delegate Heen explained that the effect of the and Mr. long Gwyn Re, Members of the Assembly; adoption of the report would place the rules in their Mr. Chongsun Yi, Secretary General of the Assem entirety before the Convention for consideration. bly. The President announced that the rules, as amended, Consul General Kim thereupon presented to the were now before the Convention for consideration. Convention the Honorable P. H. Shinicky, who ad Delegate Harold W. Rice at this time moved for dressed the Convention in the Korean language, the adoption of the rules as amended and presented which was then interpreted into the English language to the Convention by the temporary Committee on by Mr. Chongsun Yi, as follows: 14 CONVENTION JOURNAL It is a great honor and privilege to be in the this Convention. The motion was seconded by Dele beautiful Hawaiian Islands, the Paradise of the gate Loper, and carried unanimously. Pacific and the forthcoming 49th State of the At this time, Delegate Crossley moved that the United States. It is a greater honor to be able to Convention stand in recess, subject to the call of attend and speak before the members of the Ha the Chair, in order that the delegates might have an waiian State Constitutional Convention today and opportunity to meet these personages of the Republic I do thank you Mr. Chairman and Delegates of of Korea. The motion was seconded by Delegate this convention for this honor. Charles A. Rice; and at 11:30 o’clock a.m., the Con We are living in the age of democracy. We vention stood in recess, subject to the call of the have done away with dictatorship, tyranny and Chair. injustice to our society as a whole. The funda At 11:40 o’clock a.m., the Convention reconvened mental principle of democracy is to operate and and proceeded with the business before it. administer according to the will of the people, in Delegate Heen offered a resolution providing that other words, the opinions of the majority must the Secretary of the Convention be a member ex be obeyed by the minority. Following this firm officio, without vote, of the several committees to and unshakable democratic principle, you have which he is not specifically appointed (see Sec. B, introduced Hawaii as the possible 49th State into Res. No. 10). Upon motion by Delegate Heen, sec the United States of America according to the will onded by Delegate Harold W. Rice, the Resolution of the majority of the people living in the Hawaii was adopted. an Islands. If I may quote from an oriental say The President at this time announced the appoint ing, “We always find bloodstains on the doors of ments to the 20 standing committees of the Conven freedom.” So it is true in fulfilling this mission. tion. (Listed at the beginning of this volume.) In order to open the gates of freedom, we have to Delegate Anthony moved that the Convention stand touch the bloodstains on the doorknob and you in recess, subject to the call of the Chair, in order have to share the sweat and toil in establishing that the delegates might have an opportunity of going statehood in Hawaii. I believe that final victory over the Committee appointments. The motion was can be won only by justice and I do not have the seconded by Delegate Heen, and carried; and at 11:55 slightest doubt that the establishment of state o’clock a.m., the Convention stood in recess, sub hood in Hawaii is certain and clear with the ject to the call of the Chair. At 12:16 o’clock p.m., the Convention reconvened. blessings of God from above. President King hereupon presented the list of The history of Korea, though ancient, is young elective and appointive employees of the Convention, as a nation as far as the experience of democra with their respective monthly salaries and appoin tic life is concerned. With the great help of the tive dates (April 10, 1950, unless otherwise indi United States, we are making great progress in cated), which was read by the Clerk as follows: rehabilitating economic and social life believing that God helps those who help themselves. I know that we are helping each other, and Korea in re ELECTIVE EMPLOYEES ceiving material aid from the United States is (All effective April 4, 1950) acting as a bulwark against non-democratic Chief Clerk Mrs. Ellen D. Smythe forces such as communism. Through this stern $800 protest and struggle to protect free democracy, Asst. Chief Clerk Mrs. Ethel Chillingworth we are trying to show our appreciation and give $650 some assistance not only to the United States, but Sergeant-at-Arms Charles Brenham also, to humanity as a whole. $400 Herman Kuhlmann I humbly ask of you, ladies and gentlemen, for Chaplain Rev. Henry P. Judd true friendship and cooperation between Hawaii $500 (session) and the Republic of Korea. In gratitude, may you be rewarded with many blessings and prosperity APPOINTIVE EMPLOYEES by becoming the 49th State of the United States, and I do hope and believe that we both can be Supervising Sec’y Mrs. Eva Hart benefitted by the fundamental principles of free $550 dom, equality and the principle of mutual help. Engrossing Clerks Mrs. Hannah B. Harris $400 Mrs. Mabel Arnold May God bless your Islands as a state and as a part of a great nation. I thank you. Stenographers Mrs. Hunnie Yee $400 Winifred Tanaka Delegate Crossley moved that the address given Helen Delaney to the Convention by the chairman of the Korean Na Mildred Ito tional Assembly be made a part of the records of Eleanor Lum FOURTH DAY • Monday, April 10, 1950 15 Beatrice C. Gomes** Frank Rodrigues Elizabeth Aiwohi Margaret Keopuhiwa Muriel K. Bayless Agnes Machado K. R. Putnam Mary Matsuno Jeanne Detor *Effectjve April 4 **April 5 ***April 6 Typists- Charlotte Cockett Delegate Crossley moved that the action of the Stencilers Evelyn Kufferath President in making the above appointments and $300 Ellen W. Kalahele setting their rates of pay and their appointive dates Ethel Chang Au be approved. The motion was seconded by Delegate Beatrice Hanna Sakakihara, and carried. The President stated that Betty C. Yap the list of appointees may be supplemented if and Kathryn Gay** when it may be found necessary. Consideration of motion by Delegate Heen, sec Record Clerk Rosalie H. Dwight* onded by Delegate Sakakihara, that the delegates approve the present seating arrangements of the Proof-Readers Alice MacFarlane Convention Hall in the Armory as the permanent $350 Gladys Pearne seating arrangements in said Armory, action on Ahuna Young which was deferred on April 6th, on special order: Ethel Love Delegate Heen at this time re-stated the motion now before the Convention, which was thereupon put by Messengers Guy Goodness* the President and carried. $250 Eddie Chong Delegate Corbett, who has been working diligent- Ben Kane* ly on the improvement of the acoustics of the Con Wm. I. Kanakanui* vention Hall over the weekend, was asked to make a Thos. K. Kamioka* brief report of what had been done in this regard. Paul K. Prigge Delegate Corbett informed the Convention of the John C. Anderson various things that had been done to improve the H. Arizumi acoustics; and she asked that Dr. Miyake of the Uni Sadao Amioka versity of Hawaii be extended thanks for giving so generously of his time and his knowledge in making File Clerks Wilhelmina C. Chang* suggestions to improve the acoustics of the Conven $250 Carrie C. Combs* tion Hall. Harriet Vredenberg* A communication from the Secretary of Hawaii, Rose K. Holt in regard to the handling of the accounts of the Con- Annie Clark vention and the disbursement offunds appropriated Alice Fong under Act 334, Session Laws of Hawaii 1949, was Lillian Yajima read by the Clerk (see Sec. B, Dept. Corn. No. 4). Richard Yasuda Upon motion by Delegate Heen, seconded by Dele Gertrude Wiggins gate Harold W. Rice, the communication was re Emmeline K. Apaka ceived and referred to the Committee on Accounts. Gladys Kobayashi A communication from the Treasurer of the Ter Lily Ogimi ritory of Hawaii relating to the offer made to the Charles Koj ima Convention by Wood, King & Dawson, of New York Printing Machine Martha Cathcart* City, to assist the Convention in the drafting of con Operator—$300 stitutional provisions with respect to territorial and local borrowing, was read by the Clerk (see Sec. B, Accounts and James S. Achong* Dept. Corn. No. 5). The communication was received Property Clerk and upon motion by Delegate Harold W. Rice, second- $500 ed by Delegate Fong, it was referred to the Commit tee on Taxation and Finance. Ass’t. Accounts and Joseph E. Medeiros* A communication from the Regional Director of Property Clerk—$250 the United Public Workers of America, ClO, Hono Watchmen and Sam paulo* lulu, requesting an opportunity to appear before the Doormen—$250 Nobel Yamasaki Convention, or any appropriate committee thereof, to present suggestions for the consideration of the Tanitors—$250 Aki Akowai~” delegates relating to government employees, labor’s Solomon Pule rights, and the presentation of grievances by govern- Harry Purdy*** ment workers, was read by the Clerk (see Sec. B, 16 CONVENTION JOURNAL Misc. Corn No. 3). The communication was re and testimony before the House Committee on Un- ceived, and upon motion by Delegate Wirtz, sec - American Activities. The motion was seconded by onded by Delegate Harold W. Rice, and carried, was Delegate Heen. referred to the Committee on Industry and Labor. Delegate Anthony moved that the motion be Delegates Wist, Crossley, Heen and Loper intro amended to read: “that the Convention accept Mr. duced Proposal No. 1, “Relating to Education.” The Kageyama’s resignation.” Delegate Anthony then proposal passed first reading by title, was ordered moved for the adoption of the amendment. Sec printed, and referred by the President to the Com onded by Delegate Mau, and carried. The Chair mittee on Education. thereupon put the amended motion, which was car Delegate Porteus, Secretary of the Convention, ried unanimously. at this time announced the following committee Following some discussion on this matter, Dele meetings which had been scheduled up to this time: gate Crossley moved that this Convention express Health and Public Welfare, Monday, April 10th, at its appreciation to Mr. Kageyama for his coura 2:00 p.m.; Bill of Rights, Tuesday, April 11th, at geous act in helping to expose UnAmerican activi 9:00 a.m.; Executive Powers and Functions, Tues ties by his cooperation with the testimony before day, April 11th, at 9:30 a.m.; Legislative Powers the House UnAmerican Activities Committee. Sec and Functions, Tuesday, April 11th, at 10:00 a.m.; onded by Delegate Akau. Committee on Judiciary, Tuesday, April 11th, at Delegate Gilliland moved that the motion be ta 10:30 a.m.; Education, Tuesday, April 11th, at 2:00 bled. Seconded by Delegate Anthony. The motion to p.m.; Taxation and Finance, Wednesday, April 12th, table the motion was thereupon put by the Chair and at 9:00 a.m.; Local Government, Thursday, April lost, on a showing of hands. 13th, at 9:30 a.m. The Chair stated that the question now before the The Secretary further announced that meetings of Convention was Delegate Crossley’s motion, second other committees not here scheduled would be an ed by Delegate Akau. Delegate Anthony moved that nounced tomorrow. Delegate Porteus also informed the motion be amended to read that this matter be the delegates that a bulletin board would be placed referred to a special committee of delegates appoint in a convenient place in the Hall on which all meet ed by the President to draft a resolution for presen ings would be posted. tation to the Convention, expressing the sense of the At 12:50 o’clock p.m., upon motion by Delegate Convention with regard to Mr. Kageyama’ s cooper - Crossley, seconded by Delegate Sakakthara, the Con ation with the House UnAmerican Activities Commit vention adjourned until 11:00 o’clock a.m., on Tues tee. The motion was seconded by Delegate James K. day, April 11, 1950. Trask, and carried. Delegate Heen moved that the special committee to be appointed by the President to carry out the in FIFTH DAY • Tuesday, April 11, 1950 tent of the above motion, consist of seven delegates. Seconded by DelegateAnthony, and carried. The The Convention convened at 11:05 o’clock a.m., President stated that he would announce the appoint with President King presiding. ments to this special committee later in the day. The divine blessing was invoked by Chaplain Judd, Delegate Fong thereupon moved that the President after which the roll was called, showing all Delegates inform the Governor that the Convention having ac present, with the exception of Delegate Kageyama, cepted Mr. Kageyama’s resignation, there now ex absent, and Delegate Kawakami, excused. The jour - ists a vacancy in the membership of the Convention. nal of the fourth day was approved. The motion was seconded by Delegate Noda, and A communication from Delegate Richard M. Kage carried. yama tendering his resignation as a delegate to the Delegates Wist, Loper, Charles A. Rice and Convention, and giving as his reason therefor his Harold W. Rice introduced Proposal No. 2, “Relat cooperation with the agents of the House UnAmerican ing to Education.” The proposal passed first read Activities Committee in helping to expose Communist ing by title, was ordered printed, and referred by activity in Hawaii; and stating that his further attend the President to the Committee on Education. ance at the Constitutional Convention as a delegate Delegates Sakakihara and Kauhane introduced might embarrass his fellow delegates and prejudice Proposal No. 3, “Relating to the Supreme Court— the cause of Statehood for Hawaii, was read by the Composition of, and tenure on.” The proposal Clerk (see Sec. B, Misc. Corn. No. 4). passed first reading by title, was ordered printed, Delegate Crossley thereupon moved that Dele and referred by the President to the Committee gate Kageyarna’ s resignation be accepted, and that on Judiciary. this Convention express its appreciation to Delegate At 11:30 o’clock a.m., upon motion by Delegate Kageyama for his courageous act in helping to ex Anthony, seconded by Delegate Porteus, the Conven pose UnAmerican activities by his cooperation with tion stood in recess, subject to the call of the Chair. SIXTH DAY • Wednesday, April 12, 1950 17 At 12:45 o’clock p.m., the Convention reconvened. At 1:10 o’clock p.m., upon motion by Delegate The President at this time announced his appoint Crossley, seconded by Delegate Noda, the Conven ments to the special committee to discuss the lan tion adjourned until 11:00 o’clock a.m., on Wednes guage to be used by the Convention in commenting on day, April 12, 1950. Mr. Kageyama’ s resignation, as follows: Chairman, Tavares; Vice-Chairman, Arthur K. Trask; Mem bers: Larsen, Kauhane, Akau, Wist and Loper, The President stated that this special committee had con SIXTH DAY • Wednesday, April 12, 1950 sidered the subject matter referred to it and was now ready to make a report to the Convention. He The Convention convened at 11:00 o’clock a.m., thereupon called upon the chairman of the said spe pursuant to adjournment, with President King in the cial committee to make a report to the Convention. Chair. Delegate Tavares reported orally that the com After prayer by the Chaplain, the roll was called, mittee had met and carefully worked out a resolu showing all delegates present, with the exception of tion which, although not unanimously acceptable to Delegate Kawakami, excused. The journal of the all members of the committee, had been accepted by fifth day was approved. a large majority thereof. Chairman Tavares stated A communication from Delegate Herbert M. Ri that in presenting this resolution, and subsequent to chards, Chairman of the Committee on Agriculture, its being read, he would ask for the privilege of ex Conservation and Land, requesting that the member plaining it. ship of said Committee be increased from 11 to 15 Delegate Tavares thereupon offered, for the spe members, was read by the Clerk (see Sec. B, Misc. cial committee, a resolution, setting forth that it is Com. No. 5). The communication was received and the consensus of the Convention that the action of referred to the Committee on Rules and Order of Richard M. Kageyama in cooperating with the House Business. UnAmer lean Activities Committee, and testifying be Delegates Ashford and Sakakihara introduced Pro fore it toward the exposure of Communists and Com posal No. 6, “Relating to Government Office or Em munistic activities in Hawaii, has been a distinct ployment.” The proposal passed first reading by service to his country, without condoning any prior title, was ordered printed, and referred by the Pre improper acts on his part (see Sec. B, Res. No. 11). sident to the Committee on Executive Functions and Delegate Tavares moved for the adoption of the Powers. resolution. The motion was seconded by Delegate Delegates Mizuha and Yamauchi introduced Pro Akau. After some discussion, the motion to adopt posal No. 7, “Relating to Taxation and Finance.” the resolution was put by the President, and carried. The proposal passed first reading by title, was or dered printed, and referred by the President to the Delegates Mizuha, Keller man, Bryan, Smith, Committee on Taxation and Finance. Kometani, James K. Trask, Hoiroyde, Noda, Cockett, Delegates Larsen and Ashford introduced Propos Lutz, Nielsen, Charles H. Silva, Larsen and Lee in al No. 8, “Relating to Representation in the Legisla troduced Proposal No. 4, “Relating to Bill of Rights.” ture.” The proposal passed first reading by title, The proposal passed first reading by title, was or was ordered printed, and referred by the President dered printed, and referred by the President to the to the Committee on Legislative Powers and Func Committee on Bill of Rights. tions. Delegates Mizuha, Kellerman, Bryan, Smith, Delegate Ashford introduced Proposal No. 9, “The Kometani, James K. Trask, Hoiroyde, Noda, Cockett, Recall of Judges.” The proposal passed first reading Luiz, Nielsen, Charles H. Silva, Larsen and Lee in by title, was ordered printed, and referred by the troduced Proposal No. 5, “Relating to Rights and President to the Committee on Judiciary. Privileges.” Delegates Kage, Lyman and Akau introduced Pro The proposal passed first reading by title, was posal No. 10, “Relating to Education.” The propos ordered printed, and referred by the President to al passed first reading by title, was ordered printed the Committee on Bill of Rights. and referred by the President to the Committee on Delegates Castro, White, Kometani, Harold W. Education. Rice, Roberts, Corbett and Loper offered a resolu Delegates Hayes, Charles A. Rice, Arthur K. tion providing that a copy of the latest edition of Trask, James K. Trask, King, Kauhane, Larsen, Cushing’ s Manual of Parliamentary Practice and Cockett, Heen, Tavares, Anthony, Lyman and Apoli of Roberts’ Rules of Order be purchased by the Con ona introduced Proposal No. 11, “Preamble for the vention and made available to each delegate (see State of Hawaii Based on Its Dramatic History.” The Sec. B, Res. No. 12). proposal passed first reading by title, was ordered Delegate Porteus moved that the resolution be printed, and referred by the President to the Com referred to the Committee on Accounts. Seconded by mittee on Style. Delegate Larsen made a brief state Delegate Tavares, and carried. ment on the purport of this proposal, linking it to the 18 CONVENTION JOURNAL first constitution granted to the people of Hawaii by who is an elector of the Combination “P”— Pre King Kamehameha I. He told the story of the Law of cints 11, 15, 16, 17, 18, 24, and 32 of the Fourth the Splintered Paddle— “Mamalahoe Kanawai”— Representative District, to fill the vacancy caused which is considered one of the great declarations of by the resignation of Mr. Richard M. Kageyama basic law, next to the Constitution of the United States was read by the Clerk (see Sec. B, Governor’s of America. In closing, Delegate Larsen quoted the Message No. 2). The message was received and last paragraph in the proposal, affirming the belief placed on file. of the people of Hawaii in a government for, of and The President at this time announced that John R. by the people, and repeating the Law of the Splintered Phillips, appointed by the Governor to fill the vacan Paddle Mamalahoe Kanawat”— expressing his hope —“ cy in the membership of the Convention, had taken that this can be made the motto of the State of Hawaii. the oath of loyalty. The President thereupon appoint Delegate Mizuha introduced Proposal No. 12, “Re ed Delegates Hayes and Porteus to escort Mr. Phil lating to Rights and Privileges.” The proposal pass lips to the rostrum; and requested Supreme Court ed first reading by title, was ordered printed, and Chief Justice Samuel B. Kemp, who was present on referred by the President to the Committee on Bill of the platform, to administer the oath of office to the Rights. newly appointed delegate. Delegate White introduced Proposal No. 13, “Pub Chief Justice Kemp was presented to the Conven lic Finance and Taxation—Organization.” The pro tion, and administered the oath of office to John R. posal passed first reading, was ordered printed, and Phillips as a delegate to the Convention. Delegate referred by the President to the Committee on Taxa Phillips was then escorted to his seat among the dele tion and Finance. gates from the Fourth Representative District, as Delegates Nielsen, Yamamoto, Luiz, Yamauchi, Doi, assigned to him by the President. Kawahara and Roberts offered a resolution requesting A communication from the Secretary of Hawaii the Legislative Reference Bureau to make available to transmitting for the use of the Convention six copies the delegates and committees of the Convention its of the Revised Laws of Hawaii 1945, Session Laws research facilities and materials, etc., and to render of Hawaii, 1945, 1947 and 1949 (Regular Session), such other services as the Convention may require and six copies of the Special Session Laws of 1949 (see Sec. B, Res. No. 13). Upon motion by Delegate to be furnished when received from the publisher, to Nielsen, seconded by Delegate Roberts, the resolu be considered as a loan, because of the shortage of tion was unanimously adopted. the law books, was read by the Clerk (see Sec. B, The President stated that the Legislative Refer Dept. Com. No. 6). The communication was received ence Bureau was now set up in the Armory, on the and placed on file. makai side of the Convention Hall, and was ready to The Secretary announced that these books would render assistance to the delegates as required. be placed in the Legislative Reference Bureau’s li At this time, the President announced that he had brary in the Armory, for the use of the members. appointed Delegate Anthony to fill the vacancy of the A communication from Hon. C. A. Robins, Gover Committee on Rules and Order of Business. The nor of Idaho, informing the Convention that at this President stated, further, that appointments to fill time an Idaho flag was not available for presentation the vacancies on two other committees would be held for hanging in the Convention Hall, and enclosing a in abeyance until the Governor has filled the vacant pamphlet describing the design of their flag, was read seat in the Convention membership. by the Clerk (see Sec. B, Misc. Corn. No. 6). The At 11:30 o’clock a.m., upon motion by Delegate communication was received and placed on file. Charles H. Silva, seconded by Delegate Sakakihara, Delegate Wirtz, for the Committee on Rules and the Convention adjourned until 11:00 o’clock a.m., Order of Business, to which had been referred Mis on Thursday, April 13, 1950. cellaneous Communication No. 5 from the Commit tee on Agriculture, Conservation and Land, request ing that the membership of that committee be in SEVENTH DAY • Thursday, April 13, 1950 creased from 11 to 15, presented a report, stating that the committee had acted favorably upon the re The Convention convened at 11:00 o’clock a.m., quest, and recommending that sub-section 10 of pursuant to adjournment, with President King in the Rule 17 of the rules of the Convention be amended Chair. accordingly (see Sec. B, Standing Corn. Rpt. No. 1). After prayer by the Chaplain, the roll was called, Delegate Wirtz moved that the rules be suspended showing all delegates present, with the exception of in order that the Convention might act upon this Delegates Kawakami and Ohrt, excused; and Dele amendment immediately. The motion was seconded gate Frank G. Silva, absent. The journal of the by Delegate Woolaway, and carried. sixth day was approved. Delegate Wirtz thereupon moved that the report A message from the Governor, informing the of the committee be adopted. Seconded by Delegate Convention that he had appointed John R. Phillips, Apoliona, and carried; and sub-section 10 of Rule 17 SEVENTH DAY • Thursday, April 13, 1950 19 of the rules of the Convention was thereby amended ferred to the Committee on Health and Public Wel increasing the membership on the Committee on Ag fare. riculture, Conservation and Land from 11 to 15 mem Delegate Sakakihara introduced Proposal No. 20, ber s. “Lieutenant Governor.” The proposal passed first Delegate Wist, for the Committee on Style, report reading by title, was ordered printed, and referred ed orally, returning Proposal No. 11, referred to to the Committee on Executive Powers and Functions. that Committee yesterday, relating to the preamble Delegate Sakakihara introduced Proposal No. 21, for the Constitution for the proposed State of Hawaii, “The Governor.” The proposal passed first read with the recommendation that it be referred to the ing by title, was ordered printed, and referred to Committee on Miscellaneous Matters. Upon motion the Committee on Executive Powers and Functions. by Delegate Wist, seconded by Delegate Sakakihara, Delegates Sakakihara, Noda, Kauhane, James K. the oral report of the committee was adopted; and Trask, Fukushima, Shimamura, Gilliland, Mau, Proposal No. 11 was thereupon so referred. Kanemaru, Dowson, Kam, Richards, Arthur K. Trask, The President at this time announced the appoint Akau, Holroyde and Bryan offered a resolution ex ment of the four additional members to the Commit pressing regret at the passing of Tang Yau Fong, tee on Agriculture, Conservation and Land, as fol brother of Delegate Hiram L. Fong, and extending lows: Delegates Ihara, Ashford, Phillips and James sympathy to his bereaved family (see Sec. B, Res. K. Trask. No. 14). Upon motion by Delegate Sakakihara, sec The President also announced that, at the request onded by Delegate Kam, the resolution was unani of the Maui delegates, he had relieved Delegate Ash- mously adopted by a rising vote. ford from her membership on the Committee on Lo Delegates Charles H. Silva, Lyman, Sakakihara cal Government; and had appointed Delegate Harold and Ashford offered a resolution providing that the W. Rice as a member of the committee in her place. capitol of the future State of Hawaii be located on an The President further announced the appointment of island within the said state other than Oahu (see Sec. Delegate Phillips as a member of the following com B, Res. No. 15). Delegate Heen moved that the reso mittees: Local Government and Miscellaneous Mat lution be referred to the Committee on Agriculture, ters, in place of Delegate Kageyama, resigned. Conservation and Land. Seconded by Delegate Mau. Delegates Sakakihara and Wirtz introduced Pro Delegate Porteus moved that the motion be amend posal No. 14, “The Judiciary.” The proposal pass ed to refer the resolution to the Committee on Mis ed first reading by title, was ordered printed, and cellaneous Matters. The motion was seconded by referred to the Committee on Judiciary. Delegate Woolaway. Delegate Heen then moved that Delegates Sakakihara and Wirtz introduced Pro the amendment be amended to refer the resolution posal No. 15, “The Circuit Courts and Inferior to the Committee of the Whole. Seconded by Dele Courts.” The proposal passed first reading by title, gate Anthony. was ordered printed, and referred to the Committee At this time, Delegate Roberts rose to a point of on Judiciary. order, stating that the rules provided that any sub Delegates Kellerman, Bryan, Holroyde and Mizu ject matter to be incorporated in the Constitution ha introduced Proposal No. 16, “Relating to Legis shall be by proposal; and accordingly suggested that lative Committees.” The proposal passed first the resolution be redrafted in the form of a proposal. reading by title, was ordered printed, and referred At this time, Delegate Sakakihara rose to a point to the Committee on Legislative Powers and Func of order, stating that the rules provided that any mat tions. ter not in the form of a proposal shall be treated as Delegate Akau introduced Proposal No. 17, “Re a petition. The Chair stated the point of order was lating to Women on Juries.” The proposal passed well taken. first reading by title, was ordered printed, and re Delegate Sakakihara demanded an aye and no vote ferred to the Committee on Bill of Rights, upon mo on referring the resolution to the committee of the tion by Delegate Anthony, seconded by Delegate whole, and there being the required number of dele Heen, and carried. gates voting in the affirmative, the Chair thereupon Delegates Lee and Charles H. Silva introduced put the motion to refer the resolution to the commi Proposal No. 18, “Relating to Constitutional Limi tee of the whole, which was lost the following show tations on Concentration of Land Ownership.” The ing of Ayes and Noes: Ayes, 8 (Akau, Anthony, Heen, proposal passed first reading by title, was ordered Larsen, Lee, Mau, Phillips and Arthur K. Trask). printed, and referred to the Committee on Agricul Noes, 50. Excused, 2 (Kawakami and Ohrt). Absent, ture, Conservation and Land. 1 (Frank G. Silva). Absent at roll call, 1 (Luiz). Delegate Lee introduced Proposal No. 19, “Pro At this juncture, President King stated that Admi viding for the Conservation of Natural Beauty, His ral Charles H. McMorris, Commandant of the 14th toric Monuments, Sightliness, and Physical Good Naval District, Pearl Harbor, was calling; and asked Order of the State of Hawaii.” The proposal passed Delegate Porteus to assume the Chair. Delegate first reading by title, was ordered printed, and re Porteus thereupon assumed the Chair. 20 CONVENTION JOURNAL Delegate Heen rose, to a point of order, stating retain his seat as a delegate, in view of his refusal that the rules require that if the President desires to to testify under oath before a legally constituted speak on any matter he may retire and take his place committee of the U. S. House of Representatives on the floor, and if he is temporarily absent, the Vice- (see Sec. B, Res. No. 16). Delegate Larsen moved President shall preside. The temporary Chairman for the adoption of the resolution. Seconded by Dele ruled that the President was present in the Conven gate Kauhane. tion. Delegate Frank G. Silva thereupon rose to a Delegate Lee at this time moved that the Conven point of personal privilege, and was recognized by tion stand in recess, subject to the call of the Chair. the Chair. Delegate Frank G. Silva then asked that, Seconded by Delegate Kauhane, and carried; and at before the vote was taken on the resolution, he be 11:45 o’clock a.m., the Convention stood in recess, permitted to hand to the Chair a copy of a statement subject to the call of the Chair. which he had released to the press, which he request At 11:50 o’clock a.m., the Convention reconvened, ed that the Clerk read. with Delegate Porteus in the Chair. The Clerk read the statement as follows: The temporary chairman now asked that Delegate Sakakihara, Vice-President of the Convention from I am not now nor have I ever been a member the First Senatorial District, take the Chair. Vice- of the Communist Party. President Sakakihara hereupon assumed the Chair In taking the loyalty oath as a delegate to the and Delegate Porteus retired. constitutional convention, I did so with the full Delegate Porteus thereupon renewed his motion, knowledge that Ichiro Izuka who had named me as which had been seconded by Delegate Woolaway, a “Communist” would probably repeat his false that the resolution be referred to the Committee on accusation before the UnAmerican Activities Com Miscellaneous Matters, which was put by the tempo mittee. Further, I took the convention oath after rary Chairman, and carried. I was subpoenaed to appear before the UnAmeri President King here resumed the Chair, and Vice- can Committee. President Sakakihara retired. If I had ever been a Communist, I certainly The President announced that Admiral McMorris, wouldn’t be so stupid as to swear falsely and sub Commandant of the 14th Naval District, had extended ject myself to a possible twenty year sentence for an invitation to all the delegates and their respective perjury. I only ask that the community remember spouses to visit Pearl Harbor, the date and hour to the basic premise of American law, which will be arranged later, at a time most convenient to the undoubtedly be written into our state constitution, delegates; and asked that the Secretary poll the dele that a man is innocent until proven guilty in a gates to ascertain how many desired to accept this judicial tribunal. invitation. The President also extended, on behalf Surely, no calm, fair-minded person will ac of Admiral and Mrs. McMorris, an invitation to the cept the unsupported hearsay testimony of a char delegates and their respective wives to call on them acter like Izuka, who is protected with the cloak at a date to be set later, towards the end of this of Congressional immunity. month. As an elected official of the ILWU, it seems At 12:05 o’clock p.m., upon motion by Delegate clear to me that the UnAmerican Committee is Bryan, seconded by Delegate Kauhane, and carried, in Hawaii at the request of elements who want to the Convention adjourned until 11:00 o’clock a.m., destroy our Union. I am certainly not going to on Friday, April 14, 1950. aid them in that purpose. The second purpose of the committee’s inves tigation is to kill statehood, despite all their pro EIGHTH DAY • Friday, April 14, 1950 testations to the contrary. As a native born resi dent of this Territory, I am concerned about this The Convention convened at 11:10 o’clock a.m., attempt to block our political aspirations. with President King presiding. In refusing to answer questions of the Un- The. divine blessing was invoked by Father Bene Amer ican Committee, I have been guided by my dict Vierra, Diocesan Director of the Confraternity belief that the questions violate fundamental of Christian Doctrine, in the absence of Chaplain constitutional rights. It would not be in keeping Judd. with my position as a constitutional delegate to The roll was called showing all delegates pre be intimidated into surrendering those rights. sent, with the exception of Delegate Kawakami, ex I was further prompted to refuse to answer a cused. The journal of the seventh day was approved. number of questions on the advice of my attorney Under suspension of the rules, Delegate Larsen who pointed out to me that any denial, before the offered resolution providing for the appointment of UnAmerican Committee, of past or present mem a special committee Of 11 members by the President bership in the Communist Party would not put to investigate the qualifications of Frank G. Silva to the matter to rest. Perjured testimony by wit- EIGHTH DAY • Friday, April 14, 1950 21 nesses out to get me could still cause a lot of Union, relating to the possible expulsion of Delegate trouble, as we learned in the Bridges case. Frank G. Silva as a member of the Constitutional To avoid such a situation I decided to follow Convention on the basis of his refusal to answer cer my attorney’s advice and refuse to answer cer tain questions before the UnAmerican Activities Com tain questions which might tend to incriminate mittee of the United States House of Representatives, me. and urging the Convention not to be stampeded by the Delegate Heen at this time asked that the Chief unsupported testimony of professional informers, Clerk identify the document presented by Delegate was read by the Clerk (see Sec. B, Misc. Corn. No. Frank G. Silva by a notation thereon reading: “Pre 9). The communication was received and referred sented by Delegate Frank G. Silva,” over her signa by the President to the special committee, of which ture. The President thereupon instructed the Chief Delegate Wist is chairman, to which this subject Clerk to so identify Delegate Silva’s statement. matter has been referred. Delegate Anthony moved that the following amend Delegate Sakakihara introduced Proposal No. 22, ment be made to the resolution: “Appointment, Removal and Tenure of Department Heads and High Governmental Officers.” The pro Amend the resolution by placing a period posal passed first reading by title, was ordered after the word “Convention,” in the 5th line of printed, and referred to the Committee on Execu the resolution, and by deleting the balance of tive Powers and Functions. the resolution. Delegate St. Sure introduced Proposal No. 23, Delegate Anthony moved for the adoption of the “Relating to a Board of Censors.” The proposal amendment. Seconded by Delegate Mau, and car passed first reading by title, was ordered printed, ried. Upon motion by Delegate James K. Trask, and referred to the Committee on Legislative Powers seconded by Delegate Heen, the resolution, as amend and Functions. ed, was adopted. Delegate St. Sure introduced Proposal No. 24, The President hereupon announced that he had “Relating to Existing Laws.” The proposal passed appointed, as the members of such special commit first reading by title, was ordered printed, and re tee, the following 11 delegates: Wist (Chairman), ferred to the Committee on Ordinances and Continu Anthony (Vice-Chairman), Castro, Roberts, Ohrt, ity of Law. Mau, Arthur K. Trask, Ashford, Woolaway, Okino Delegate Smith introduced Proposal No. 25, “Re and Lyman. lating to Rights and Privileges.” The proposal pass At this point, Delegate Charles H. Silva stated ed first reading by title, was ordered printed, and that Delegate Luiz had expressed a desire to serve referred to the Committee on Bill of Rights. on that committee. It was the sense of the Conven Delegates Ashford, Woolaway and Wirtz intro tion that it was within the authority of the Chair to duced Proposal No. 26, “Relating to Judges.” The make a substitution of Delegate Luiz for either of proposal passed first reading by title, was ordered the two delegates appointed to the committee from printed, and referred to the Committee on Judiciary. the first Representative District. Delegates Ashford, Woolaway and Wirtz intro The President thereupon referred Delegate Frank duced Proposal No. 27, “Relating to the Provisions G. Silva’s statement to the special committee herein of the Constitution.” The proposal passed first read above appointed, in accordance with Resolution No. ing by title, was ordered printed, and referred to the 61, as amended. Committee on Ordinances and Continuity of Law. A communication from the Central Labor Coun Delegates Ashford, Woolaway and Wirtz intro cil, informing the Convention of the authorization of duced Proposal No. 28, “Relating to Equal Rights.” the Legislative Committee of the Central Labor The proposal passed first reading by title, was or Council, A. F. of L., to represent the Council at the dered printed, and referred to the Committee on Convention, and requesting that this committee be Bill of Rights. extended all courtesy as its duly accredited repre Delegate Ashford introduced Proposal No. 29, sentatives, was read by the Clerk (see Sec. B, Misc. “Relating to Labor.” The proposal passed first Corn. No. 7). The communication was received and reading by title, was ordered printed, and referred referred by the President to the Committee on In to the Committee on Industry and Labor. dustry and Labor. Delegate Ashford introduced Proposal No. 30, A communication from the administrative assist “Relating to Compensation of Holders of Office Es ant to the Governor of Tennessee, enclosing the flag tablished by the Constitution.” The proposal passed of the State of Tennessee, was read by the Clerk first reading by title, was ordered printed, and re (see Sec. B, Misc. Corn. No. 8). The communication ferred to the Committee on Executive Powers and was received and referred by the President to the Functions. Committee on Miscellaneous Matters. Delegates Mizuha and Serizawa introduced Pro A communication from the regional director of posal No. 31, “Relating to Legislative Powers and the International Longshoremen’s & Warehousemen’s Functions.” The proposal passed first reading by 22 CONVENTION JOURNAL title, was ordered printed, and referred to the Com The opening prayer was offered by Chaplain Judd, mittee on Legislative Powers and Functions. after which the roll was called, showing all dele Delegates Kellerman, Kage, Lai, Kawahara, Sakai, gates present, with the exception of Delegate Frank Wirtz, Apoliona and Wist introduced Proposal No. G. Silva, temporarily absent. The journal of the 32, “Relating to School Buildings, Grounds and Other eighth day was approved. School Facilities.” The proposal passed first read Under suspension of the rules, the President ing by title, was ordered printed, and referred to announced that the Convention was privileged to the Committee on Education. welcome today a group of distinguished guests— Delegates Kometani, Akau, Corbett, Sakai, Coc the members of the House UnAmerican Activities kett and GUliland introduced Proposal No. 33, “Re Committee of the United States House of Represen lating to Suffrage and Elections.” The proposal tatives. He thereupon called upon Hon. Joseph R. passed first reading by title, was ordered printed, Farrington, Delegate to Congress from Hawaii, who and referred to the Committee on Suffrage and Elec was seated on the platform with the guests, to pre tions. sent them to the Convention. At this time, Delegate Charles A. Rice inquired Delegate Farrington then presented the members whether or not the Secretary, in requesting the flags of the Committee and their counsel, with appropriate of the 48 states and territories of the United States identifying descriptions, as follows: Rep. Francis to be hung in the Convention Hall, had sent to each E. Walter, Chairman of the House UnAmerican such governor a Hawaiian flag.? Being informed in Activities Committee; Democrat from Pennsylvania; the negative, Delegate Charles A. Rice moved that Chairman of the Democratic Caucus; ranking Demo the Secretary send a Hawaiian flag to each governor crat of the Committee on Judiciary; and Chairman of the 48 states and territories of the United States. of the Judiciary Subcommittee on Immigration. The motion was seconded by Delegate Serizawa. Representative Walter, in responding to the in Delegate Porteus movçd that the subject matter troduction, spoke briefly as follows: be referred to the Committee on Accounts for inves Joe, and fellow Americans: I can’t help but tigation and report. Seconded by Delegate Crossley. feeling deeply thrilled to be able to say just a Delegate Heen thereupon moved that the motion to word to you who are today experiencing the same send each governor of the 48 states and territories thing that those brave young men experienced in a Hawaiian flag be tabled. Seconded by Delegate my own State of Pennsylvania when they wrote James K. Trask, and carried. the greatest document that came from the hand Delegate Akau moved that some form of party be of man. given by the delegates as a “get-together,” and that It is indeed quite significant that at that time a special committee be appointed for the purpose of they had before them the experiences under an arranging the same. The motion was seconded by autocratic form of government. They knew of Delegate Arthur K. Trask. The motion was there the dangers of democracy, and they selected the upon put by the Chair and lost, on a showing of hands form of government which it would be trite for At this juncture, the Chair announced that he had me to say is today the strongest in the world. appointed Delegate Luiz, in place of Delegate Lyman, You have the same opportunity, only the dangers as a member of the special committee to investigate of totalitarianism are before us, but it certainly the qualifications of Delegate Frank G. Silva to re seems to me that from this great meeting come tain his seat as a delegate to this Convention, the kind of a stable form of government that will pointed pursuant to the provisions of Resolution No. make all of us on the Mainland very proud to wel 16 adopted by the Convention. The said special com come you into the family of States. mittee now consists of Delegates Wist (Chairman), It is a real pleasure and an honor for me to be Anthony (Vice-Chairman), Castro, Roberts, Ohrt, with you and say a word to you. I thank you. Mau, Arthur K. Trask, Ashford, Woolaway, Okino and Luiz. Delegate Farrington then proceeded with the in At 11:50 o’clock a.m., upon motion by Delegate troductions: Rep. Burr P. Harrison, a Democrat, Anthony, seconded by Delegate Noda, and carried, from the State of Virginia. Rep. Morgan M. Moul the Convention adjourned until 11:00 o’clock a.m., der, a Democrat, from the State of Missouri—a on Monday, April 17, 1950, pursuant to action pre close friend of President Truman. Rep. Harold H. viously taken by the Convention. Velde,, of flhinois, the only Republican on the Com mittee; an attorney, and formerly serving with the F.B.I. Mr. Frank S. Tavenner, Jr., General Coun NINTH DAY • Monday, April 17, 1950 sel for the Committee—an expert in his field. President King thanked Mr. Farrington for his The Convention convened at 11:00 o’clock a.m., presentation of these guests, and at 11:10 o’clock pursuant to adjournment, with President King in the a.m., the Convention stood in recess, subject to the Chair. call of the Chair, in order that the delegates might NINTH DAY • Monday, April 17, 1950 23 personally meet the members of the committee and Delegates Akau, Kam and Fukushima introduced their counsel. Proposal No. 35, “Relating to Representation in the At 11:25 o’clock a.m., the Convention reconvened Legislature.’ The proposal passed first reading and proceeded with the regular order of business. by title, was ordered printed, and referred to the A communication from the Superintendent of Pub Committee on Legislative Powers and Functions. lic Works, enclosing copy of a letter from the Chief Delegates Akau, Kido, Kam and Holroyde intro Deputy Fire Marshal and Chief Engineer of the Hono duced Proposal No. 36, “Relating to Influencing lulu Fire Department, outlining their comments for Legislators.” The proposal passed first reading safety in the Armory during the Convention, was by title, was ordered printed, and referred to the read by the Clerk (see Sec. B, Dept. Corn. No. 7). Committee on Legislative Powers and Functions. The communication was received and referred to Delegates Akau, Kido and Kam introduced Pro the Secretary to check to see if all of these safety posal No. 37, “Relating to the Eight Hour Day on precautions had been complied with. Public Works.” The proposal passed first reading A communication from Governor Earl Warren of by title, was ordered printed, and referred to the California, stating that a California state flag was Committee on Industry and Labor. being sent to the Convention, and further stating that Delegates Akau, Kido and Kam introduced Pro California was looking forward to the day when Ha posal No. 38, “Relating to Minimum Wage Laws for waii would be a full-fledged member of the Union, Women and Minors.” The proposal passed first and wishing the Convention success, was read by reading by title, was ordered printed, and referred the Clerk (see Sec. B, Misc. Corn. No. 10). The to the Committee on Industry and Labor. communication was received and placed on file. Delegates Shimamura and Kam introduced Pro A communication from the chairman of the Okla posal No. 39, “Preamble for the Constitution of Ha homa Planning and Resources Board, stating that waii.” The proposal passed first reading by title, an Oklahoma state flag had been mailed for use in was ordered printed, and referred to the Committee the Convention Hall, was read by the Clerk (see Sec. on Miscellaneous Matters. B, Misc. Corn. No. 11). The communication was Delegates Arthur K. Trask, Anthony and James received and placed on file. K. Trask offered a resolution, requesting the Dele A communication from Mr. and Mrs. H. S. Kawa gate to Congress from Hawaii to introduce legisla kami, expressing their gratitude for the resolution tion in the United States Congress which would a- of sympathy adopted by the Convention, was read by mend section 4 of Act 334 of the Session Laws of the Clerk(see Sec. B, Misc. Corn. No.12). The corn Hawaii 1949, so as to eliminate the provision of munication was received and placed on file. said Act requiring the reporting to the legislature Delegate Wist, Chairman of the special commit of the Constitution to be drafted by this Convention tee appointed to investigate the qualifications of (see Sec. B, Res. No. 17). Delegate Anthony moved Frank G. Silva to retain his seat as a delegate, re that the resolution be referred to the Committee on ported orally that the committee had asked Frank Submission and Information. The motion was sec G. Silva if he desired to appear further before said onded by Delegate Porteus, and carried. committee, together with his counsel; that Frank G. Delegates Arthur K. Trask, Anthony and James Silva had indicated that he did so desire and was to K. Trask offered a resolution requesting the Con have appeared at a meeting at 10 o’clock this morn gress of the United States to give expeditious con ing, but that prior to such meeting Frank 0. Silva sideration to and to pass the bill amending section had been subpoenaed to re-appear before the Com 4 of Act 334 of the Session Laws of Hawaii 1949 mittee on UnAmerican Activities and had been un when introduced by the Delegate to Congress from able to appear before the special committee. Dele Hawaii (see Sec. B, Res. No. 18). Upon motion by gate Wist stated that at this time the committee was Delegate Arthur K. Trask, seconded by Delegate not prepared to report any findings and asked leave Anthony, and carried, the resolution was referred for the committee to resume its deliberations. Upon to the Committee on Submission and Information. motion by Delegate Wist, seconded by Delegate Cas At this ti~me, Delegate Frank G. Silva came into tro, the oral report of the committee was adopted. the session. At this juncture, the President announced that he Delegate Ashford offered a resolution requesting had excused Delegate Mau from the balance of to the Congress of the United States of America to day’s session, and he thereupon left the Convention enact H. R. 49, first amending it in certain particu Hall. lars (see Sec. B, Res. No. 19). Delegate Charles H. Delegates Roberts, Corbett, Doi and Okino intro Silva moved that the resolution be ordered printed, duced Proposal No. 34, “Relating to Constitutional and action thereon deferred until tomorrow. Sec Conventions.” The proposal passed first reading onded by Delegate Sakakihara, and carried. by title, was ordered printed, and referred to the Delegate Kage offered a resolution, authorizing Committee on Revision, Amendments, Initiative, committee members to conduct public hearings on Referendum and Recall. pertinent matters of local concern on the members 24 CONVENTION JOURNAL home islands (see Sec. B, Res. No. 20). Delegate tion to hold his office as a Delegate; and 2. That Castro moved that the resolution be referred to the Delegate Frank G. Silva be furnished with a copy Committee on Accounts. Seconded by Delegate of this report and be notified by the Secretary that James K. Trask, and carried. on Thursday, April 20, 1950, at 11 o’clock a.m., in At this time, the Chair announced that at the re the event he has not purged himself of contempt or quest of the Kauai delegation, he had relieved Dele has shown cause for his failure to do so, this Con gate Muzuha of his membership on the Committee vention act upon a resolution,” the terms of which on Legislative Powers and Functions, and had ap were set forth in the report (see Sec. B, Special pointed Delegate Serizawa in his place. Com. Rpt. No. 3). At 12:05 o’clock p.m., upon motion by Delegate Delegate Wist moved for the adoption of the re Mizuha, seconded by Delegate Charles A. Rice, the port. The motion was seconded by Delegate Castro. Convention adjourned until 11:00 o’clock a.m., on Delegate Porteus moved that this Convention stand Tuesday, April 18, 1950. in recess in order that the report might be mimeo graphed and copies thereof distributed to the mem bers before the report is voted upon. Delegate Crossley seconded the motion. The Chair stated TENTH DAY • Tuesday, April 18, 1950 that copies of the report were now being mimeo graphed. The Convention convened at 11:05 o’clock a.rn., Delegate Charles H. Silva stated that the com with President King presiding. mittee appointed by the President, by agreement of The divine blessing was invoked by Chaplain this whole Convention, had filed a unanimous report; Judd, alter which the roll was called, showing all that there was no division; and in respect to this delegates present with the exception of Delegate committee he felt the Convention was able to take Shimamura, temporarily absent. The journal of action on the report; either that or the committee the ninth day was approved. should be asked to resign and a new committee be A communication from the secretary to the Pres appointed in its place. ident of the United States acknowledging receipt of The Chair pointed out that a motion to recess is a certified copy of Resolution No. 4 adopted by the not amendable or debatable and unless the Conven Convention, and expressing his thanks and apprecia tion desired to vote on it, the Chair would rule that tion for the courtesy accorded him in making it the Convention stand in recess until the report is available to him, was read by the Clerk (see Sec. B, submitted to the delegates. Misc. Com. No. 13). The communication was re Delegate Heen thereupon rose to a point of mior ceived and placed on file. mation, stating: first, if the Convention is to take A communication from the executive assistant of a recess, it might take a long time before the re the Administrative Division, Military and Naval port could be mimeographed, and during that recess Department of the State of Illinois, informing the the work of the Convention would be held up, unless Convention that a flag of that state was being sent the report had already been mimeographed, in which for use in the Convention Hall, was read by the case a short recess could be taken. He doubted, how Clerk (see Sec. B, Misc. Corn. No. 14). The com ever, that the report had been mimeographed as it munication was received and placed on file. had been kept in secrecy up to the present moment, A communication from the Governor of the State he understood. of Arkansas informing the Convention that a flag of The Chair informed the Convention that the sten that state was being mailed, was read by the Clerk cill of the report had been cut, since the report was (see Sec. B, Misc. Corn. No. 15). The communica given to the Clerk at 11:00 o’clock and it was now tion was received and placed on file. approximately 11:20, so that mimeographed copies At this time, Delegate Shimamura came into the should be available in short order. session. Delegate Heen suggested that instead of taking a Delegate Wist, for the special committee appoint recess, action on the report be deferred until 11:30 ed pursuant to Resolution No. 16, “to investigate o’clock, and in the meantime the Convention could the qualifications of Frank G. Silva to retain his proceed with other matters before it. seat as a delegate to the Constitutional Convention,” At this point, Delegate Sakakihara rose to a point stated that this special committee was ready to re of information—inquiring whether the motion includ port its unanimous findings and conclusions; and ed the mimeographing of the letter signed by Jack W. thereupon presented a report recommending: Hall, Regional Director of the ILWU, addressed to “1. That Delegate Frank G. Silva be given up to and the President of this Convention, dated April 14, including Wednesday, April 19, 1950 within which 1950, and the signed statement of Delegate Silva, to purge himself of contempt of the House UnAmeri dated April 17, 1950, and all other exhibits submit can Activities Committee or to show cause if any ted with the report? The Chair replied that as far why this Convention should not vote on his qualifica as he knew, they had not been mimeographed. TENTH DAY • Tuesday, April 18, 1950 25 The Chair then stated that he would put the motion including Wednesday, April 19, 1950, within which to recess until copies of the report were made and to purge himself of contempt of the House UnA delivered to the delegates, and that upon reconvening merican Activities Committee or to show cause the action would be on the motion made by Delegate if any he has why this Convention should not vote Wist, seconded by Delegate Castro, to adopt the re on his qualification to hold his office as a dele port. gate” —it would seem to me that the provision Delegate Frank G. Silva moved that the letter should be made a little more definite—setting from Jack W. Hall, his press statement, and also the the time at 11 o’clock a.m. Ordinarily he would letter he submitted to the select committee be in have the whole day in which to purge himself or cluded in the documents to be mimeographed. The to show cause why the Convention should not act Chair ruled that the motion was out of order at this upon his qualifications. I want to make that as a time. - suggestion, because he might come in later and The Chair announced that he would put the motion say that he had all day of the 19th to show cause to recess at this time, all those in favor of the recess but the convention was in adjournment before to vote “Aye” and contrary minded, “No.” The that time. Chair having put the motion, announced that the Noes carried. Delegate Anthony stated that in the original There being dissension on that ruling, the Chair draft of the committee report the time was fixed at called for a vote by a showing of hands, asking all 11 o’clock. The committee believed it was better — those in favor of the recess to raise their right it was fairer to Delegate Silva—to give him the hands. Having counted the hands so raised, the Chair entire day of April 19th. That was purposely announced that there were 40 affirmative votes, so changed. If the Convention felt otherwise, an amend that there was no necessity for calling for those in ment was in order; but his belief was that it is in opposition as more than a majority had voted to order as it is. recess. The Chair asked if the Convention was ready The Convention stood in recess at 11:17 o’clock for the question, which is on the motion made by a.m., pursuant to the vote just taken, subject to the Delegate Wist, seconded by Delegate Castro, to call of the Chair. adopt the report. Delegate Kauhane moved that a The Convention reconvened at 11:30 o’clock a.m. roll call vote be taken on the adoption of the report. At this time, Delegate Sakakihara rose to make a At this juncture, Delegate Akau asked if it were motion. The President reminded Delegate Sakakiha possible to make a statement before the roll was called. ra that there was a motion pending before the Conven The Chair stated that he believed the motion was tion at the time of the recess, which was Delegate Wist’s motion to adopt the report, duly seconded by before the Convention for discussion and thereupon Delegate Castro. recognized Delegate Akau, who stated that she had Delegate Sakakihara thereupon offered an amend put some thoughts down on paper and with the per ment to the motion—that the report of the special mission of the Chair would like to read them. committee be adopted, and that the exhibits present Delegate Heen then rose to a point of order, stat ed in the form of a letter from Jack W. Hall, dated ing that there was a motion made for an Aye and No April 14, 1950, and the signed statement submitted vote on the motion to adopt the report; and in order by Delegate Silva, dated April 17, 1950, and all other to permit a roll call, under the rules as he under communications presented before this special com stood them, at least ten delegates must vote in fa mittee be mimeographed and circularized for the vor of the roll call. Therefore, the next order of information of the Convention. Delegate Mau second business would be for someone to second the mo ed the motion. tion for an Aye and Novote, in order to ascertain Delegate Porteus assured the Convention that the whether or not ten delegates were in favor of the order for the mimeographing of these letters and roll call. communications had already been issued and that the The Chair thereupon asked if any delegate had staff was then engaged in cutting the stencils follow seconded Delegate Kauhane’s motion. ing which they would be run off, so that the job was At this point, Delegate Anthony rose to a point already under way and he did not think a motion of order, asking what was before the Convention at would be required on this matter. the present time. The Chair informed him that he Delegate Sakakihara thereupon withdrew his had recognized Delegate Akau to permit her to make amendment, and Delegate Mau withdrew his second. a statement; and that he saw no reason why the dele At this point, Delegate Heen asked if he might gate should not make a statement if she so desired. make the following observation: The Chair thereupon again recognized Delegate Akau, who read a prepared statement as follows: Under recommendation 1 of the report— I do not like Communists any more than the “That Delegate Frank G. Silva be given up to and rest of you and I am not implying that we should 26 CONVENTION JOURNAL be represented by Communists. But because the Now the question seems to be, which way do issue of Communism has not been proven I be the scales tip—to the right or to the left? Which lieve that what we are deciding here today sim evidence is of most weight? mers down to whether or not a man sees fit to We Americans have cherished the right of speak. free speech since our forefathers came to these This Constitutional Convention is supposed to shores—we cherish with the very essence of our be meeting in a democratic atmosphere to work being the right to speak our minds on issues clo out a constitution and the Bill of Rights is sup sest to our hearts and the private right to remain posed to be a very basic part of the new consti silent if we wish. tution of the State of Hawaii. There are I believe some among us those who I.raise these questions: are willing to pay the penalty of imprisonment 1. Has there been any conclusive evidence for the right to remain silent. And, yes, there that Frank Silva is a Communist? are even some in this world who are willing to 2. Was not the school which he attended under pay the supreme penalty of death. the G.I. Bill of Rights an approved school? Was Frank Silva has merely chosen not to speak it later disapproved? under oath, and states according to the press, that 3. Was Frank Silva a veteran of World War II this choice is based upon his personal fear that and as such fought for his country on the battle what he might say might be used against him at field? a future date and because he feels strongly that 4. Was Frank Silva elected by a popular his right not to speak is basic. majority from the Island of Kauai? If Frank Silva is not given a fair and equita 5. Has he put in writing the fact that he is ble hearing before this Convention respecting not a Communist and has not been a Communist his right to sit as a duly elected representative for the past five years? of the people, the Convention must be able and 6. Has he not published and republished his ready to fully explain its decision to some 1,065 statements as well as expressed them verbally voters on the Island of Kauai who placed their that he is not a member of the Communist Party? faith in Frank Silva. 7. Was Frank Silva’s testimony on the basis This may be difficult and may have more vast of not wishing to incriminate himself or on what and far-reaching effect than this Convention can he thought to be his American rights of free predict. speech? The Convention delegates should decide wise Here Delegate Akau interrupted the reading of ly and fairly and according to their consciences as good Americans. her statement to say: What makes this a difficult choice? We hate I have never seen Frank Silva; I have never Communism and all that it stands for but we can seen him before the first day of the Convention, not out-argue the fact that the Communist Party and I have never spoken to him except to say is still not considered an illegal party. “hello,” so I want that very much in the record. An oath is an oath. Frank Silva already testi fied in writing that he was not a Communist. He Delegate Akau continued and completed her state ment, as follows: testified under oath. Is it necessary to testify under oath again? There seems to be two sides to the question Perhaps Frank Silva does not think that it is. of whether or not Frank Silva should be permit Do we? ted to retain his seat at the Convention. In my Delegate Arthur K. Trask at this time rose to opinion, it is a matter of weight of evidence sup make the following statement: porting either side, one side—Frank Silva in good faith and on his own free will signed an oath I cannot sit by here and listen to an attack up before a Notary Public, just as each one of us here on this report which is so grossly, and I say re did on the first day that the Convention assembled. spectfully to the lady, so grossly unfair. The Frank Silva has publicly and on numerous oc thought, or person, who drafted this is one of Ha casions reaffirmed that oath. On the other side waii’s foremost attorneys—Delegate Garner An of the picture, he has merely refused to testify thony. There was great, scrupulous care given before an investigating committee because per to the draftsmanship and the thoughts that are in haps in his opinion he thought that what he might this report—deliberations that took us last night say or what he might be led to say, might incri until 11 o’clock. Every right under due process, minate him at some future date. which is not only the written word, but the unwrit In passing, may I say I have never seen Frank ten prodecural rights of an American, has been Silva until the day of the Convention, neither have given to Frank G. Silva. The courtesies extended I spoken to him since that first day. to him have been vast and he has appreciated that TENTH DAY • Tuesday, April 18, 1950 27 also. It must not be overlooked, please, that the Delegate Porteus asking for the ruling from the Chair, upon naming the 11 members of this Spe Chair on whether or not in putting a motion to have cial Committee, had Delegate Lyman from Puna, the roll called debate would be choked off? It was Hawaii, withdrawn in favor of Frank Luiz from his understanding that if the Chair puts the motion the Island of Hawaii—an ILWU official. He sat on for a roll call vote, and it carries, it will only mean the Committee in judgment that was to prepare that when the vote is taken it will be by Ayes and this document. The unfairness in the attack by Nays. Delegate Trude Akau on this report is grossly The Chair replied that was the correct procedure, afield. She attacks this report on the basis that and that after the Chair put the motion for a roll we have based our findings on the fact in present call vote, the Chair would recognize Delegate Mi ing the Resolution of what this Convention should zuha. vote upon, upon the basis that we have found Frank Delegate Mizuha remarked that it was not on G. Silva guilty as a Communist. That is her first the question of Frank Silva that he wished to speak. assumption. Her next assumption is that he has The Chair then asked Delegate Mizuha to suspend taken false oaths. If some little attention were his remarks until the roll call motion was put. given to the report, the findings on page 2 indi The Chair thereupon put the motion to vote on cate this: “3. The fact that Mr. Silva has taken the original motion by an Aye and No vote, which an oath as a delegate and signed the loyalty oath was carried, by a majority voting “Aye” thereon. pursuant to a resolution of this Convention your The Chair then announced that a roll call was de Committee deems immaterial for the purposes manded on the original motion to adopt the report. of this report.” The Chair hereupon recognized Delegate Mizuha, Further, on page 1, the last paragraph with who spoke as follows: respect to Communism—this is what the report Mr. President and Members of the Convention: says: The reason I have stood up here and asked for Your Committee considers that it is un this privilege of addressing the Convention is in necessary to pass upon the question whether defense of Mrs. Akau. I cannot see myself de Mr. Silva is now or ever was a member of liberating in this Convention and being asked by the Communist Party. It concludes that it is any Committee who submits a report on the floor not a body competent to render such a judg of this Convention, that because that Committee ment. Upon the admitted facts your commit submits a unanimous report that I can’t stand up tee finds: and express my views. I think if we are going to So, I am very fond of the courage of Delegate write a sound, stable constitution for the State of Akau, but I would be amiss in my loyalty to this Hawaii, no committee report, or no proposal, or committee that worked hard under the leadership no recommendation to the floor of the Convention of Delegate Wist, to sit by and listen to a condem should mean that 15 men, or 11 men, or 7 men, nation that is afield. whatever they have arrived at unanimously, will At this point, Delegate Crossley rose to a point shut off any debate on this floor; and the sooner of order, asking if the motion for a roll call had we realize that we are individuals here who can been seconded. The Chair replied that it had not think on our two feet, and have a right to our own been seconded. Delegate Crossley thereupon sec opinion, the sooner will we write a good Consti onded the motion. tution for the State of Hawaii. At this time, Delegate Mizuha stated that he At this time, Delegate Arthur K. Trask rose to wished to discuss the question that was raised by make a further statement. The Chair stated: the delegates from the Fifth District. The Chair stated that the request for an Aye and No vote should The Chair recognized Mrs. Akau. The Chair first be put. also recognized Delegate Trask in reply. Dele Delegate Mau thereupon addressed the Chair and gate Trask has spoken once on the subject. The asked that each delegate give everybody an oppor question now before the Convention is the motion tunity to speak; that he was asking for a unanimous to adopt the report of the special committee on an consent to permit Delegate Mizuha to speak on the Aye and No vote. The Chair does not wish to motion. He said: recognize a member for the purpose of speaking twice if someone else wishes to discuss the mo I was one of the committee of 11. I want to tion before the Convention. say that although that was a unanimous report, it took a long time to reach a unanimous deci Delegate Lee addressed the Chair, stating that he sion. No delegate sitting here should be cut off noticed that on page two of this special committee from talking about this report. I ask that the report there was a finding “that Frank G. Silva, by Convention give unanimous consent to the Dele his refusal to answer the questions put to him by the gate to speak on that motion. House UnAmerican Activities Committee, has for- 28 CONVENTION JOURNAL feited his right to sit in this Convention.” He asked Delegate Heen stated that if Delegate Frank G. what was the basis of that finding? Silva had voted on the adoption of the committee re The Chair, in reply, stated that the finding read port he should be given the privilege of withdrawing very plainly, as far as he could see; and repeated his vote. the finding of the committee just quoted by Delegate The Chair announced that Delegate Frank G. Lee. Silva had voted “No” on the adoption of the report. Delegate Lee stated that he would like to know He had felt that until the report had been adopted, the reasons of the committee for such finding. At he had a right to vote. this juncture, the Chair recognized Delegate An Delegate Charles H. Silva asked that Delegate thony to answer that question. Delegate Anthony, in Frank G. Silva withdraw his vote on the motion, be answering Delegate Lee’s question said: cause he has an interest in the resolution; and Mr. President, the committee put this on the thought he should be given the privilege of withdraw narrowest possible ground. The committee didn’t ing his vote. feel that it should go into the question of Corn-• The Chair informed Delegate Frank G. Silva that munists or anything of that kind. The committee the question was whether he wished to withdraw his put it on the basis of the duty of every citizen, vote. Delegate Frank G. Silva replied that it seemed and particularly the duty of every delegate to this to be the wish of the Convention that he withdraw his Convention, to appear and respond to the lawful vote; and that he would do so. The Chair thereupon orders of that committee. This committee, no announced that Delegate Frank G. Silva would be matter how much we dislike it—and I am one who recorded as present but not voting, he having with is not particularly happy about the UnAmerican drawn his vote. Activities Committee—but it is a legally consti The Clerk was thereupon instructed to record tuted body of the United States Congress and Mr. Delegate Frank G. Silva on the roll call as “not Silva was in contempt. He flagrantly defied the voting,” thereby changing the total number of Aye processes of a legislative branch of the govern votes to 60; the No votes to 2; and 1 not voting. ment of the United States, not only once but again; The Chair then stated that the Secretary was and at the suggestion of the committee we en charged under the committee report with furnishing deavored to persuade him that he should go back Delegate Frank G. Silva with a copy of this report, to that committee and purge himself of contempt; and advising him that, on Thursday, April 20, 1950, that it was his duty to the people of this Territo at 11 o’clock a.m., in the event he has not purged ry to do so; but he persisted in that conduct, and himself of contempt or has not shown cause for his I don’t see how we can overlook it. It is the basis failure to do so, this Convention will act upon a of the report. resolution as set forth in the report, expelling him from the Convention and declaring his seat vacant. The Chair, at this time, instructed the Clerk to Delegates Kometani and Corbett introduced Pro call the roll on the motion for the adoption of the re posal No. 40, “Relating to Qualification for Voting.” port of the Committee, without amendment. The The proposal passed first reading by title, was or roll being so called, the motion to adopt the report dered printed, and referred to the Committee on of the special committee was adopted on the follow Suffrage and Elections. ing showing of Ayes and Noes: Ayes, 60. Noes, 3 (Akau, Kawahara and Frank G. Silva). Delegates Holroyde and James K. Trask intro The Chair at this time stated that under the rules duced Proposal No. 41, “Relating to Land.” The of the Convention there was no provision regarding proposal passed first reading by title, was ordered this question, but Rule 8 of Cushing’s Manual of printed, and referred to the Committee on Agricul Parliamentary Practice states: ture, Conservation and Land. Delegates Akau and Holroyde introduced Proposal When a question arises, involving the right No. 42, “Relating to Rights of Foreigners in the Bill of a member to his seat, such member is enti of Rights.” The proposal passed first reading by tled to be heard on the question, and he is then title, was ordered printed, and referred to the Com to withdraw from the assembly until it is decid mittee on Bill of Rights. ed; but if, by the indulgence of the assembly, he Delegates Akau and Holroyde introduced Proposal remains in his place during the discussion, he No. 43, “Relating to the Right to Change the Govern ought neither to take any further part in it, nor ment in the Bill of Rights.” The proposal passed vote when the question is proposed.... first reading by title, was ordered printed, and re The Chair thereupon advised Delegate Frank G. ferred to the Committee on Bill of Rights. Silva that until the question has been settled as to Delegate Shimamura introduced Proposal No. 44, his right to retain his seat in the Convention he “Relating to Bill of Rights.” The proposal passed could not participate in the discussion except to be first reading by title, was ordered printed, and re heard on his own behalf. ferred to the Committee on Bill of Rights. ELEVENTH DAY • Wednesday, April 19, 1950 29 Delegates Akau and Holroyde introduced Proposal K. Trask, excused; and Delegate Frank G. Silva, No. 45, “Relating to Special Privileges or Immuni absent. The journal of the tenth day was approved. ties.” The proposal passed first reading by title, A communication from the chairman of the Ha was ordered printed, and referred to the Committee waii Statehood Commission, forwarding proposed on Bill of Rights. amendments to H. R. 49 which have been accepted Delegate Nielsen introduced Proposal No. 46, by the said Commission, copies of which have been “Relating to Qualifications for Domestic Stockhold forwarded to Delegate Farrington, was read by the ers.” The proposal passed first reading by title, was Clerk (see Sec. B, Dept. Corn. No. 8). The commu ordered printed, and referred to the Committee on nication was received and referred to the Committee Industry and Labor. on Ordinances and Continuity of Law, and copies Consideration of Resolution No. 19, requesting thereof made for the members of the Convention. the Congress of the United States to amend H. R. 49, A communication from P. J. Cassidy, Department and then to enact said bill, action on which was de Adjutant of the American Legion, Department of ferred yesterday: Hawaii, enclosing a copy of a letter received by the The President stated that as the first two para Legion from Arleigh J. Fenner, Commander of the graphs of the resolution referred to the continuity said American Legion, protesting the unAmerican of the territorial law, he would feel that it was attitude of Delegate Frank G. Silva, and urging his divisible at this point; and accordingly, he would expulsion from the Convention, was read by the refer these first two paragraphs to the Committee Clerk, together with the enclosed letter (see Sec. B, on Ordinances and Continuity of Law; that the other Misc. Corn. No. 16). The communications were re three paragraphs explicitly pertaining to the Ha ceived and placed on file. waiian Homes Commission, should be referred to Delegates Kawahara, Doi and Ihara introduced the Committee on Hawaiian Homes Commission Act. Proposal No. 47, “Relating to Right to Marry.” The Delegate Ashford moved that the resolution in its proposal passed first reading by title, was ordered entirety be referred to the Committee on Ordinances printed, and referred to the Committee on Bill of and Continuity of Law. Seconded by Delegate Harold Rights. W. Rice. Delegate Akau introduced Proposal No. 48, “Re Delegate Hayes moved that the motion be tabled. lating to the Length of Legislative Session.” The Seconded by Delegate Kauhane. Delegate Ashford proposal passed first reading by title, was ordered then moved for a roll call on the motion to table. printed, and referred to the Committee on Legisla Seconded by Delegate Sakakihara, and carried. The tive Powers and Functions. motion to table the motion to refer the resolution in Delegate Akau introduced Proposal No. 49, “Re its entirety to the Committee on Ordinances and lating to Permanent Written Record of Convention Continuity of Law was put, and carried, on the fol and Legislative Proceedings.” The proposal passed lowing showing of Ayes and Noes: Ayes, 39. Noes, first reading by title, was ordered printed, and re 24 (Anthony, Ashford, Castro, Crossley,Doi, Dow ferred to the Committee on Rules and Order of Busi son, Fukushima, Ihara, Kanemaru, Kawahara, ness and the Committee on Accounts, jointly. Kellerman, Luiz, Nielsen, Okino, Phillips, Harold Delegate Akau introduced Proposal No. 50, “Re W. Rice, Roberts, Serizawa, Charles H. Silva, Frank lating to Popular Sovereignty in the Bill of Rights.” G. Silva, Wirtz, Wist, Yamamoto and Yamauchi). The proposal passed first reading by title, was or The Chair thereupon referred the first two para dered printed, and referred to the Committee on graphs of the resolution to the Committee on Bill of Rights. Ordinances and Continuity of Law, and the last Delegates Hayes, Corbett, Apoliona and Kauhane three paragraphs thereof to the Committee on Ha introduced Proposal No. 51, “Relating to Hawaiian waiian Homes Commission Act. Homes Commission Act.” The proposal passed At 12:2 5 o’clock p.m., upon motion by Delegate first reading by title, was ordered printed, and re Crossley, seconded by Delegate Noda, the Conven ferred to the Committee on Hawaiian Homes Com tion adjourned until 11:00 o’clock a.m., on Wednes mission Act. day, April 19, 1950. Delegates Hayes, Corbett, Apoliona and Kauhane introduced Proposal No. 52, “Relating to Hawaiian Homes Commission Act.” The proposal passed ELEVENTH DAY • Wednesday, April 19, 1950 first reading by title, was ordered printed, and re ferred to the Committee on Hawaiian Homes Com The Convention convened at 11:06 o’clock a.m. mission Act. with President King in the Chair. Delegates Kam, Shimamura, Fong, Akau and Chaplain Judd offered the opening prayer, alter Kauhane introduced Proposal No. 53, “Lands to be which the roll was called, showing all delegates pre Included in the State of Hawaii.” The proposal pass sent with the exception of Delegates Mau and James ed first reading by title, was ordered printed, and 30 CONVENTION JOURNAL referred to the Committee on Agriculture, Conser Delegate Keller man moved for the approval of vation and Land. the appointments as submitted. The motion was sec onded by Delegate Gilliland, and carried. Delegates Ashford and Harold W. Rice offered a resolution requesting the Congress to repeal the Delegate Anthony, at this juncture, moved that Hawaiian Homes Commission Act, 1920, as amended, the Convention stand in recess until 4:00 o’clock and to grant fee simple title to the homesteaders this afternoon, the reason for this being that Dele under said Act (see Sec. B, Res. No. 21). The reso gate Frank G. Silva had been given today to purge lution was referred to the Committee on Hawaiian himself in accordance with the provisions of the Homes Commission Act, and copies thereof ordered special committee report adopted yesterday, and it to be mimeographed and furnished to each delegate. might be that he would desire to bring something to the attention of the Convention. The motion was Delegates Harold W. Rice, Wirtz, AshIord, St. seconded by Delegate Arthur K. Trask. Sure, Woolaway, Kage, Smith and Cockett offered a resolution requesting the Committee on Local Gov Before the motion was put for a recess, Delegate ernment to give careful consideration to making the Heen stated that he thought it would be well that Dele Island of Lanai a separate county (see Sec. B, Res. gate Frank G. Silva be notified of the time of adjourn No. 22). The resolution was referred to the Corn ment of this Convention today at 4:00 o’clock this mittee on Local Government. afternoon, or shortly thereafter. Delegates Hoiroyde, Noda, Kam, Shimamura, The Secretary stated that he would instruct the Fong, Akau, and Kauhane offered a resolution, pro Sergeant-at-Arms to inform Delegate Silva accord viding for the capital of the future State of Hawaii ingly; and further reported orally, that a certified to be located on the Island of Oahu (see Sec. B, Res. copy of the report of the special committee relating No. 23). The resolution was referred to the Commit to Delegate Frank G. Silva’ s seat as a member of tee on Miscellaneous Matters. the Convention, and notice of the action of the Con vention thereon, and notice as required by the re Delegates Kam and Kanemaru offered a resolution, port, were served on Delegate Silva, in letter form, authorizing the taking of a group photograph of the immediately following the close of the session yes delegates, and providing that a print of said photo terday, by him personally. graph be distributed to the Governor, to each dele gate, and to each territorial department head (see The Chair thereupon put the motion that the Con vention stand in recess until 4:00 o’clock this after Sec. B, Res. No. 24). The resolution was referred noon, which was carried; and at 11:30 o’clock a.m., to the Committee on Accounts. the Convention stood in recess until 4:00 o’clock At this juncture, Delegate Anthony moved that a this afternoon. certified copy of the report of the special committee on the qualifications of Frank G. Silva to retain his seat as a member of the Convention, adopted by the AFTERNOON SESSION Convention yesterday, together with copies of the exhibits thereto attached, with the exception of the The Convention reconvened at 4:04 o’clock p.m., transcript of the testimony before the UnAmerican with the President in the Chair, and all members Activities Committee of the House of Representatives being present with the exception of Delegates Gilli of Congress, be transmitted to the House UnAmeri land, Kometani, Luiz and James K. Trask, excused; can Activities Committee. The motion was sec and Delegate Frank G. Silva, absent. onded by Delegate Woolaway, and carried. The President stated that the Convention had re The President at this time presented to the Con convened at this time to provide an opportunity for vention a list of additional employees found necessary Delegate Frank G. Silva to report whether or not to add to the staff previously appointed, together with he had purged himself of his contempt of the House their respective positions, monthly rates of pay and UnAmerican Activities Committee or to show cause dates of appointment (April 19, unless otherwise why he should not do so. noted), which was read by the Clerk as follows: Sec Delegate Porteus, Secretary of the Convention, retary-Stenographers Mrs. Sophie Sheather and — thereupon reported to the Convention, orally, that Mrs. Harriet K. Gray, $400; Clerk-Typists—Helen the Sergeant-at-Arms, Charles J. Brenham had Namohala and Edna R. Williams, $300; File Clerks made every possible effort to locate Delegate Frank —Mrs. Betty K. Nielsen and Hilda Kapua Ahuna, G. Silva since the hour at which the Convention reces $250; Sound Technician—Kaniau Evans, Jr.,* $350; sed this morning, telephoning to every place where Bookkeeper —Dennis Ogoshi, ** $300; Messengers — Delegate Silva might be reached, but without success; Herbert U. Kai,”~’~ Godfrey Affonso and Timothy M. and further that Attorney Symonds, who had repre Montgomery, $250; Janitors Peter Manuel, Mrs. — sented Delegate Silva before the UnAmerican Activi Hazel E. Chun and Hiram Hoomanawanui, $250. ties Committee, had been contacted both by telephone (*Aprfl 7, **April 17, ***April 4). and personally, by Mr. Brenham and given the mior - TWELFTH DAY • Thursday, April 20, 1950 31 mation which the Convention wished to convey to At 4:10 o’clock p.m., upon motion by Delegate Delegate Silva. Up to the present time, however, Anthony, seconded by Delegate Noda, and carried, all such efforts had been without avail, and Delegate the Convention adjourned until 11:00 o’clock a.rn., Silva had not been located. on Thursday, April 20, 1950. Delegate Anthony moved that when the Conven tion takes action, pursuant to Special Committee Re portNo. 3, relating to Delegate Frank G. Silva’s qualifications to sit as a delegate, the action be de TWELFTH DAY • Thursday, April 20, 1950 termined upon a two-thirds vote of this body. Mr. Anthony stated that he had no objection to action on The Convention convened at 11:18 o’clock a.m., his motion being deferred until tomorrow. The mo with the President presiding. tion was seconded by Delegate Mau. The divine blessing was invoked by Chaplain The Chair stated that although the rules of the Judd, after which the roll was called, showing all Convention do not cover that point, the usual proce delegates present with the exception of Delegate dure is to require a larger than majority vote on Luiz, excused. The journal of the eleventh day was matters of this kind. approved. Delegate Anthony at this time moved that action Delegates Castro and Charles A. Rice introduced on his motion be deferred until tomorrow. The mo Proposal No. 54, “Relating to Public Lands.” The tion was seconded by Delegate Mau, and carried proposal passed first reading by title, was ordered unanimously. printed, and referred to the Committee on Agricul Delegate Arthur K. Trask moved that the Secre ture, Conservation and Land. tary continue his efforts to have Delegate Frank G. Delegates Dowson, Yamauchi and Apoliona intro Silva present in the Convention Hall tomorrow morn duced Proposal No. 55, “Providing for a State Flag.” ing at 11:00 o’clock when the Convention meets to The proposal passed first reading by title, was or determine his right to retain his seat as a delegate. dered printed, and referred to the Committee on Secretary Porteus stated that he had personally Miscellaneous Matters. delivered to Delegate Frank G. Silva, yesterday, a Delegates Dowson, Yamauchi and Apoliona intro copy of the special committee report adopted by the duced Proposal No. 56, “Providing for a State Seal.” Convention, and had served notice upon him of the The proposal passed first reading by title, was or action to be taken tomorrow, pursuant to that report. dered printed, and referred to the Committee on The Chair stated that the original motion adopted Miscellaneous Matters. at yesterday’s session required the Secretary to Delegates Kage, Wist and Loper introduced Pro present Delegate Silva with a copy of the committee posal No. 57, “Relating to Education.” The proposal report, and to inform him of the action of the Conven passed first reading by title, was ordered printed, tion on that report; and that the body of the report and referred to the Committee onEducation. states that the Convention will meet at 11:00 o’clock Delegates Doi, Okino, Kawahara, Ihara, Lyman tomorrow morning to consider the resolution em and Yamauchi introduced Proposal No. 58, “Relat bodied in the report. ing to Advisory Opinions of the Supreme Court.” Secretary Porteus stated that he would instruct The proposal passed first reading by title, was or the Sergeant-at-Arms to inform Delegate Silva, if dered printed, and referred to the Committee on he can be reached, that the Convention will proceed Judiciary. tomorrow morning at 11:00 o’clock with the action Delegates Hoiroyde, Bryan, Dowson and Kanema contemplated by the report, pursuant to the written ru introduced Proposal No. 59, “Relating to Repre notice served upon him yesterday. sentation in the Legislature.” The proposal passed Delegate Crossley, for the Committee on Submis first reading by title, was ordered printed, and re sion and Information, presented a report, recommend ferred to the Committee on Legislative Powers and ing that a weekly summary of the work of this Con Functions. vention be prepared by the committee and made Delegates Corbett, Larsen, Ihara, Wist and Ro available to the public through news releases to the berts introduced Proposal No. 60, “Relating to press, radio, and to such organized groups as may Slum Clearance, Rehabilitation and Housing.” The request copies thereof; and further recommending, proposal passed first reading by title, was ordered unanimously, that the committee be authorized to printed, and referred to the Committee on Health proceed forthwith with such program, there being and Public Welfare. no expenditure of funds anticipated beyond the serv Delegate Kam introduced Proposal No. 61, “Pro ices of the Convention staff (see Sec. B, Standing viding a Preamble for the Constitution.” The pro Corn. Rpt. No. 2). Upon motion by Delegate Cross posal passed first reading by title, was ordered ley, seconded by Delegate Arthur K. Trask, and printed, and referred to the Committee on Miscel carried, the report of the committee was adopted. laneous Matters. 32 CONVENTION JOURNAL Delegates Shimamura and Ashford introduced motion to which Delegate Mau had referred. The Proposal No. 62, “Relating to Bill of Rights.” The motion was seconded by Delegate Mau, and carried. proposal passed first reading by title, was ordered The Clerk thereupon read the motion pending be printed, and referred to the Committee on Bill of fore the Convention, as follows: Rights. It was moved by Delegate Anthony, seconded Delegates Shimamura and Kam introduced Pro by Delegate Mau, that when the Convention takes posal No. 63, “Relating to Bill of Rights.” The action, pursuant to Special Committee Report proposal passed first reading by title, was ordered No. 3, that the action be determined upon a two- printed, and referred to the Committee on Bill of thirds vote of this body. Rights. Delegate Yamamoto introduced Proposal No. 64, In support of the motion, Delegate Anthony stated “Relating to Public Education.” The proposal that, as the Chair had announced yesterday, there is passed first reading by title, was ordered printed, nothing in the rules of the Convention that covers and referred to the Committee on Education. this situation, but it is normal parliamentary proce Delegates Kam, Shimamura and Fong introduced dure that some such percentage be established in a Proposal No. ~5, “Relating to State Capital of Ha serious matter of this character. The pending mo waii.” The proposal passed first reading by title, tion made by Delegate Anthony and seconded by Dele was ordered printed, and referred to the Committee gate Mau, deferred from yesterday, was thereupon on Miscellaneous Matters. put by the Chair and carried unanimously. Delegates Wist, King, Crossley, Lyman, Okino, Consideration of Resolution No. 25, relating to Doi, Apoliona, Wirtz, St. Sure, Castro, Ashford, the disqualification of Delegate Frank G. Silva to sit Larsen, Kometani, Kam, Corbett, Yamauchi, as a member of this Convention, deferred from ear - Charles H. Silva, Tavares, Hoiroyde, Bryan, Smith, her on the calender: Cockett, Noda, Kanemaru, Dowson, Hayes, Sakai, Delegate Wist moved for the adoption of the reso Kauhane, Fukushima, Richards, Ohrt, Loper, White, lution. Seconded by Delegate Kauhane. Delegate Yamamoto, Kido, Kawahara, Lai, Kellerman, Shima Heen moved that the Convention resolve itself into mura, James K. Trask, Mau, Roberts, Phillips, a committee of the whole in order to take up the Fong, Gilliland, Porteus, Woolaway and Kage offer consideration of Resolution No. 25, a motion to ed a resolution declaring Frank G. Silva, by reason adopt which had been made and seconded. The mo of his contempt of the House UnAmerican Activities tion that the Convention resolve itself into a com Committee in the recent proceedings of said com mittee of the whole was seconded by Delegates Saka mittee conducted at Jolani Palace, disqualified to kihara,.Arthur K. Trask and Woolaway. sit as a member of this Convention; that his seat The President stated that prior to convening the be declared vacant, and requesting the Governor to Convention this morning, the Chair had informed fill the vacancy in the manner provided by law (see Delegate Frank G. Silva that he would be given an Sec. B, Res. No. 25). Delegate Wist moved for the opportunity to be heard in Committee of the Whole. adoption of the resolution. Seconded by Delegate The Chair then put the motion made and seconded Kauhane. that the Convention resolve itself into a Committee At this time, Delegate Arthur K. Trask asked of the Whole, which was carried. Secretary Porteus to inform the Convention as to The Chair thereupon appointed Delegate Wirtz as whether he had any information regarding Delegate Chairman of the Committee of the Whole; and at Frank G. Silva having purged himself of contempt 11:34 o’clock a.m., the Convention resolved itself of the House UnAmerican Activities Committee. In into a Committee of the Whole for the consideration answer to that, Secretary Porteus stated that he of Resolution No. 25, with Delegate Wirtz as Chair could not report that any purging had taken place, man. but that he did report that there had been no commu The Committee rose at 6:28 o’clock p.m., and nication to him by Delegate Silva or by any one on the Convention reconvened. his part. He called the attention of the delegates to Delegate Wirtz, for the Committee of the Whole, the presence of Frank G. Silva in the Convention to which was referred Resolution No. 25, relating Hall. to the disqualification of Delegate Frank G. Silva At this time, Delegate Mau called the attention to sit as a member of this Convention, reported of the Convention to a motion which was to be acted orally, recommending the adoption of the resolution upon today, on which action was deferred yesterday, as amended. providing that when the Convention takes action, The President instructed the Clerk to read the pursuant to Special Committee Report No. 3, that amended resolution, which was thereupon read by the action was to be determined upon a two-thirds the Clerk as follows: vote of this body. Delegate Tavares moved that action on the reso RESOLVED, that Frank G. Silva, by reason lution be deferred until after consideration of the of his contumacious conduct before and toward TWELFTH DAY • Thursday, April 20, 1950 33 the UnAmerican Activities Committee of the At this time, Delegate Charles H. Silva moved House of Representatives and this Constitutional that the Sergeant-at-Arms be instructed to compel Convention of Hawaii of 1950, is hereby declared the attendance of the absent members. The motion disqualified and unfit to sit as a member of this was seconded by James K. Trask, and carried. Convention and that he be and is hereby expelled; At this time, Delegate Anthony asked unanimous that his seat be declared vacant; and the Gover consent to speak. There being no objection, the nor be requested to fill the vacancy in the man Chair recognized Delegate Anthony, who addressed ner provided by law. the Convention as follows: Mr. President, Inasmuch as there has been ex Delegate Wirtz moved for the adoption of the com pressed some doubt on the floor of this House as mittee report, a written report to be filed later. to the power of this body, I think the delegates Seconded by Delegate Arthur K. Trask. should know that it is the view of the lawyers here, Delegate Heen at this time moved that the Con the lawyers that are about me particularly, in vention adjourn. Seconded by Delegate Anthony. cluding myself, that this House is the sole judge Delegate Gillilaud moved to table the motion to ad of the qualifications of its members; and we have journ. Seconded by Delegate Charles H. Silva, and the power which we are about to act upon in the carried. course of the adoption or rejection of this resolu Delegate Anthony then moved for the adoption of tion. the report of the Committee of the Whole, thereby I would like also to state that I have reviewed adopting the resolution as amended. Seconded by in some detail the resolution on the floor of the Delegate Porteus. House and in my judgment this resolution is sup Delegate Charles A. Rice moved that the report ported by the evidence that is before the body~. be recommitted to the Committee of the Whole. Seconded by Delegate Lee. A roll call being de At this time, Delegate Fong moved that the Con manded by more than 10 delegates, as required by vention stand in recess while the Sergeant-at-Arms the rules of the Convention, the motion to recommit endeavored to locate and bring into the session the the report, embodying the amended resolution, to absent members. The motion was seconded by Dele the Committee of the Whole was put and lost on the gate Arthur K. Trask, and carried; and at 9:15 following showing of Ayes and Noes: Ayes, 29 (Akau, o’clock p.m., the Convention stood in recess, subject Anthony, Bryan, Dot, Dowson, Fukushima, Heen, to the call of the Chair. Holroyde, Ihara, Kawahara, Kawakami, Kellerman, The Convention reconvened at 9:19 o’clock p.m., Kido, Larsen, Lee, Loper, Lyman, Mau, Mizuha, and Delegate Nielsen came into the session at this Nielsen, Phillips, Charles A. Rice, Harold W. Rice, time, all members now being present, with the ex Roberts, Sakakihara, Serizawa, St. Sure, Yamamoto ception of Delegate Luiz, excused, and Delegate and Yamauchi). Noes, 32. Excused and not voting, Yamamoto, absent. 1 (Luiz). Not voting, 1 (Frank G. Silva). Delegate Heen asked unanimous consent at this Delegate Tavares then moved that the Convention time to make a few remarks upon the matter that is stand in recess, subject to the call of the Chair. now before the Convention. There being no objection, Delegate Mau moved that the Convention adjourn the Chair recognized Delegate Heen, who addressed until 11:00 o’clock tomorrow morning. Seconded the Convention as follows: by Delegate Akau. The motion to adjourn until Now the question is: Do we have before this 11:00 o’clock tomorrow morning was put, and lost. Convention all the evidence that is now in the rec Delegate Anthony then moved that the Convention ord—by that I mean, specifically, have we the stand in recess until 8:30 o’clock tonight. Seconded right at this time to consider the statements made by Delegate Porteus, and carried; and at 6:55 by Delegate Frank G. Silva, contained in the writ o’clock p.m., the Convention stood in recess until ten document that he presented to this convention, 8:30 o’clock tonight. contained in another document I think that was — presented to the UnAmerican Activities Commit tee and which is now part of the record in this EVENING SESSION proceeding—and including the statement that he The Convention reconvened at 9:06 o’clock p.m., produced today, wherein he made unwarranted, with the President in the Chair, and all delegates scurrilous attacks upon the integrity of the mem being present, with the exception of Delegate Luiz bers of this Convention? The question is: was excused, and Delegates Nielsen and Yamamoto, he charged with these statements as being un absent. worthy—unbecoming—to a Delegate Of the Conven The Chair announced that when the Convention tion? I believe that while the charges were not stood in recess, there was a motion pending to adopt too specific, where you are required to make them the report of the Committee of the Whole, thereby so in cases of criminal prosecution, I believe that adopting amended Resolution No. 25. they were reasonably clear —that he was being 34 CONVENTION JOURNAL charged with contumacious conduct towards the questioned by the UnAmerican Activities Com members of this Convention. He was asked wheth mittee of Congress. We all feel that his refusal er or not he had any further statements to make. to testify is a reflection on all the Delegates in He said “no.” He was asked whether or not he this Convention. I, for one, believe if I were wished to make a statement by himself or through involved in a matter of this importance, I would his counsel. He was given the opportunity to do want to give my people in Kalihi a straight forth so through his own counsel, and he made a state right answer. Representative Tagawa of Maui, ment himself, and that closed the hearing so far who was recently subpoenaed, gave a straight as the Convention is concerned. He had the op forthright answer before that committee. portunity to be heard as to this charge of being I feel that the original resolution as offered guilty of contumacious conduct towards the Con should be retained in its entirety. The Conven vention. Therefore, if all of this evidence is now tion is the sole judge of whether this man’s be before the Convention, then I say we have enough havior entitled him to sit with us. The Conven evidence here now, on the basis of his statement tion has already spoken through previous roll which he had the opportunity to refute, enough calls which indicated that there was a strong evidence in order to make a finding of fact that consensus that the behavior of this man was un he has been guilty of contumacious conduct to becoming to a member of this Convention. Thank wards the members of this Convention. Now the you. members will recall that his counsel attempted Delegate Tavares then asked for unanimous con to excuse the statements that he made because sent for a brief speech, which was granted, where they were made in a hurry—made in the heat of upon he addr essed the Convention as follows: battle, so to speak—and he, himself—the delegate himself—made some statement if we withdrew the I should like to state that I agree wholeheart charges against him, he would withdraw these edly with what the delegate from the Fourth Dis scurrilous attacks he made against the delegates trict said a few minutes ago as to the evidence of this Convention; so I say to you, Mr. President being all before us and as to the complete regular and members of the Convention, if all of these ity of the proceedings. In my opinion, I think we facts that are now in the record are available have a right to pass on the resolution as it stands. to the Convention upon which to make a finding We have ample evidence and it is before the Con of fact that the delegate has been guilty of con vention, and there has been a fair hearing on it. duct unworthy of a delegate—unbecoming to a Thank you. delegate—and amounting to conduct reprehensible The Chair thereupon put the motion to adopt the —contumacious conduct—towards the members of oral report of the Committee of the Whole, recom this Convention, then we have sufficient evidence mending the adoption of Resolution No. 25 in an upon which to make a finding of that fact and to amended form, which was carried on the following inflict punishment. showing of Ayes and Noes: Ayes, 53. Noes, 7 (Akau, The Chair stated that the question now before Doi, Fukttshima, Ihara, Kawahara, Lee, and Nielsen). the Convention was the adoption of the oral report Excused and not voting, 1 (Luiz). Not voting, 1 of the committee which included the adoption of the (Frank G. Silva). Absent and not voting, 1 (Yama resolution as amended. moto). A roll call was thereupon demanded by more The Chair announced that the motion had been than the required number of ten delegates. carried by more than the two-thirds required by At this time Delegate Kam asked for unanimous the motion adopted earlier in the day. consent, before the roll was called on the motion to Delegate Hayes introduced Proposal No. 66, “Re adopt the report of the committee and the amended lating to Education.” The proposal passed first resolution, to say a few words. There being no ob reading by title, was ordered printed, and referred jection raised, the President recognized Delegate to the Committee on Education. Kam, who addressed the Convention as follows: Delegate Richards introduced Proposal No. 67, “Relating to Public Lands and Other Property.” This is a very very important issue at stake. The proposal passed first reading by title, was or As elected public officials we hold office in trust dered printed, and referred to the Committee on for all of the people of Hawaii nei. As such it is Agriculture, Conservation and Land. our duty when called upon to give a straight forth Delegate Castro introduced Proposal No. 68, right answer to any question directed to us affect “Relating to Non-Partisan Selection of Judges.” ing the welfare of the people of Hawaii. I believe The proposal passed first reading by title, was that the people on Kauai who elected Frank G. ordered printed, and referred to the Committee on Silva to this high office as a Delegate to this Con Judiciary. stitutional Convention are wondering why he did At 9:37 o’clock p.m., upon motion by Delegate not give straight forthright answers when he was c~rossley, seconded by Delegate Sakakihara, the Con- THIRTEENTH DAY • Friday, April 21, 1950 35 vention adjourned until 11:00 o’clock a.m., on Fri ferred to the Committee on Legislative Powers and day, April 21, 1950. Functions. Delegates Kam and Apoliona introduced Proposal No. 70, “Establishing Bribery as Disqualification for Office Holding.” The proposal passed first THIRTEENTH DAY • Friday, April 21, 1950 reading by title, was ordered printed, and referred to the Committee on Suffrage and Elections. The Convention convened at 11:05 o’clock a.m., Delegates Shimamura, Ashford and Lee introduced with President King in the Chair. Proposal No. 71, “Relating to Bill of flights.” The The opening prayer was offered by Chaplain Judd, proposal passed first reading by title, was ordered after which the roll was called, showing all delegates printed, and referred to the Committee on Bill of present, with the exception of Delegates Kellerman Rights. and Luiz, excused. Delegates Kauhane, Noda, Sakakihara, Kage, St. The President announced that he and the Secretary Sure and Holroyde introduced Proposal No. 72, “Re had not had an opportunity to read the journal of the lating to Civil Service Employment, Retention and twelfth day, but they would do so over the weekend Advancement.” The proposal passed first reading and report thereon to the Convention on Monday by title, was ordered printed, and referred to the next. Committee on Miscellaneous Matters. At this time, Delegate Porteus called attention to Delegates Kam, Castro and Woolaway introduced the presence in the Convention Hall of the delegates Proposal No. 73, “Relating to Appropriations for to the Hi-Y Conference being held in Honolulu for Private Purposes Prohibited.” The proposal pass the purpose of drawing up a suggested form of con ed first reading by title, was ordered printed, and stitution, and stated that he would like to have the referred to the Committee on Taxation and Finance. President address a few words of welcome to that Delegates Kam, Castro and Woolaway introduced body. President King thereupon extended the wel Proposal No. 74, “Relating to Legislative Budget come of the Convention to these delegates to the Procedure.” The proposal passed first reading by Hi-Y Constitutional Convention and wished them title, was ordered printed, and referred to the Com success in their deliberations in drafting a model mittee on Taxation and Finance. constitution. Delegates Kam, Castro and Woolaway introduced A communication from the Governor of the State Proposal No. 75, “Relating to the Budget.” The of Missouri, replying to the request of the Conven proposal passed first reading by title, was ordered tion for a flag of that state, and stating that this printed, and referred to the Committee on Taxation matter had been referred to the Adjutant General of and Finance. Missouri for his attention, was read by the Clerk Delegates Kam, Castro and Woolaway introduced (see Sec. B, Misc. Corn. No. 17). The communica Proposal No. 76, “Relating to Borrowing Power.” tion was received and placed on file. The proposal passed first reading by title, was or A communication from the secretary to the Gov dered printed, and referred to the Committee on ernor of Puerto Rico, stating that they had no offi Taxation and Finance. cial flag and were, therefore, unable to comply with Delegates Kam, Castro and Woolaway introduced the request of the Convention, and conveying the Proposal No. 77, “Relating to Excess Condemnation.” Governor’s greetings and best wishes for a success The proposal passed first reading by title, was or ful Convention, was read by the Clerk(see Sec. B, dered printed, and referred to the Committee on Misc. Corn. No. 18). The communication was re Taxation and Finance. ceived and placed on file. A communication from the President of the Wai Delegates Kam, Castro and Woolaway introduced manalo Homestead Community Club, asking for the Proposal No. 78, “Relating to Purchasing Methods.” defeat of Resolutions 19 and 21 before the Conven The proposal passed first reading by title, was or tion, which tend to undermine and destroy the Ha dered printed, and referred to the Committee on waiian Homes Commission and projects; and further Taxation and Finance. asking that they be allowed a public hearing should Delegates Kam, Castro and Woolaway introduced the Convention have before it any proposal that Proposal No. 79, “Relating to Post-Auditing.” The would be detrimental to that Commission, was read proposal passed first reading by title, was ordered by the Clerk (see Sec. B, Misc. Com. No. 19). The printed, and referred to the Committee on Taxation communication was received and referred to the and Finance. Committee on Hawaiian Homes Commission Act. Delegates Kam, Castro and Woolaway introduced Delegates Apoliona, Tavares and Yamamoto Proposal No. 80, “Relating to Powers of Taxation.” introduced Proposal No. 69, “Relating to Legisla The proposal passed first reading by title, was or tive Powers and Functions.” The proposal passed dered printed, and referred to the Committee on first reading by title, was ordered printed, and re Taxation and Finance. 36 CONVENTION JOURNAL Delegates Karn, Castro and Woolaway introduced the Convention that the Governor would advise the Proposal No. 81, “Relating to Expenditure of Money.” Convention when another delegate had been appoint The proposal passed first reading by title, was or ed to fill the vacancy, was read by the Clerk (see dered printed, and referred to the Committee on Sec. B, Governor’s Message No. 3). The message Taxation and Finance. was received and placed on file. Delegates Kauhane and Noda introduced Propos A communication from the secretary to the Gov al No. 82, “Relating to Persons Excluded from the ernor of New Mexico, stating that a state flag was Right of Suffrage.” The proposal passed first read being sent for use in the Convention Hall, was read ing by title, was ordered printed, and referred to by the Clerk (see Sec. B, Misc. Corn. No. 20). The the Committee on Suffrage and Elections. communication was received and placed on file. Delegates Kam, Hayes, Wirtz, St. Sure, Apoliona, A communication from Brigadier General Harris, Smith, Wist, Dot, Yarnauchi, Nielsen, Kawahara and the Adjutant General, State of Missouri, informing Okino offered a resolution, providing for the pur the Convention that a 4’ x 6’ Glory Gloss flag of chase by this Convention of copies of the latest edi that state was being sent, on loan, to the Convention, tion of Cushing’ s Manual of Parliamentary Practice and requesting its return at the close of the Conven and Roberts’ Rules of Order, to be made available tion, was read by the Clerk (see Sec. B, Misc. Corn. to all the delegates (see Sec. B, Res. No. 26). The No. 21). The communication was received and placed resolution was referred to the Committee on Ac on file. counts. A communication from the Ewa Hawaiian Civic At this time, Delegate Roberts moved that the Club, favoring a public hearing on the subject of the Committee on Accounts be instructed to report to omission of the Hawaiian Homes Commission Act this Convention on Monday, April 24, 1950, on Reso from the Constitution for the State of Hawaii, was lution No. 12, on the same subject matter as Resolu read by the Clerk (see Sec. B, Misc. Corn. No. 22). tion No. 26, which had been referred to the commit The communication was received and referred to the tee previously. The motion was seconded by Dele Committee on Hawaiian Homes Commission Act. gate Apoliona. The Chair thereupon put the motion, which was lost. The Chair, however, stated that the A communication from the secretary of the Coun intent of the motion would be carried out. cil of Hawaiian Homesteaders, Honolulu, opposing any transfer or divorcement of lands from the Ha Delegate Harold W. Rice offered a resolution providing that the Convention would continue with waiian Homes Commission, protesting the reduction its work while certain of its delegates went to Wash of the blood qualifications as required under that Act, ington (see Sec. B, Res. No. 27). Delegate Harold and requesting the rejection of Resolutions Nos. 19 W. Rice moved for the adoption of the resolution. and 21; and further requesting that a public hearing Seconded by Delegate Wirtz. be held on any proposal adversely affecting the Ha waiian Homes Commission or project, was read by The Chair stated that by Monday he would be able the Clerk (see Sec. B, Misc. Com. No. 23). The to make a full report to the Convention on how many communication was received and referred to the delegates would make the trip to Washington, D. C. Committee on Hawaiian Homes Commission Act. Delegate Sakakihara then moved that action on the resolution be deferred until Tuesday, April 25, 1950. A communication from the Central Labor Coun SecOnded by Delegate Charles H. Silva, and carried. cil of Honolulu, favoring the inclusion of initiative, At 11:35 o’clock a.m., upon motion by Delegate referendum and recall in the new state constitution, Charles A. Rice, seconded by Delegate Noda, and was read by the Clerk (see Sec. B, Misc. Corn. No. carried, the Convention adjourned until 11:00 o’clock 24). The communication was received and referred a.m., on Monday, April 24, 1950. to the Committee on Revision, Amendment, Initia tive, Referendum and Recall. A communication from the executive secretary FOURTEENTH DAY • Monday, April 24, 1950 of the Hawaii Education Association, informing the Convention of the adoption of a resolution by the The Convention convened at 11:05 o’clock a.m., Association favoring the incorporation of statutory with the President in the Chair. initiative and referendum in the proposed state con The divine blessing was invoked by the Chaplain, stitution, and enclosing a report on “Statutory mi after which the roll was called, showing all delegates tiative” prepared by the Joint Tax Study Commission, present. The President announced that the journal and asking favorable consideration by the Convention of the twelfth and thirteenth days had been approved. for including statutory initiative and referendum in A message from the Governor, acknowledging the Constitution, was read by the Clerk (see Sec. B, receipt of the communication from the President, Misc. Corn. No. 25). The communication and report dated April 20th, informing him of the vacancy in were received and referred to the Committee on the membership of the Convention because of the Revision, Amendment, Initiative, Referendum and expulsion of Delegate Frank G. Silva, and informing Recall. FOURTEENTH DAY • Monday, April 24, 1950 37 A communication from the Commander of the Statehood Bill, H. R. 49, on May 1st, 1950, in Veterans of Foreign Wars, Post No. 1540, Honolulu, Washington, D. C. enclosing a resolution adopted by the said post, It is not known how extensive these hearings calling for the outlawing of the Communist party or will be nor how long they will take. Through Dele any party dedicated to the overthrow of our govern gate Joseph R. Farrington, the Committee Chair ment by force and violence was read by the Clerk man, Senator Joseph C. 0’ Mahoney, of Wyoming, (see Sec. B, Misc. Corn. No. 26). The communica has requested a list of the witnesses who might tion and resolution were received and referred to desire to be heard. the Committee on Miscellaneous Matters. The passage of H. R. 49 is so important to Delegate Castro, for the Committee on Accounts, statehood that an all-out effort should be made presented a report, reporting on the financial status to obtain favorable action on the bill by the Sen of the Convention as of April 24th, which was read ate Committee. by the Clerk (see Sec. B, Standing Corn. Rpt. No. 3) For this reason, the Legislative Holdover The report was received and placed on file, copies Committee has decided that its entire member thereof having been mimeographed and distributed ship will attend the hearings. to the members. The Statehood Commission is sending five Delegate Castro, for the Committee on Accounts, or six of its members. presented a report, recommending that Resolution The several counties have been invited to add No. 20, which had been referred to that Committee, representatives to the delegation, and the City relating to authorizing delegates from islands other and County of Honolulu has already designated than Oahu to hold public hearings within their home its spokesman. areas upon subjects being considered by the Conven In addition, several other citizens have been tion, be referred to the Committee on Rules and Or asked to attend the hearings at their own expense, der of Business, which was read by the Clerk (see and be available as witnesses in behalf of state Sec. B, Standing Corn. Rpt. No. 4). The report was hood, if the opportunity arises for them to tes received; and upon motion by Delegate Castro, sec tify. onded by Delegate Corbett, and carried, the report Between 14 and 17 delegates in this Conven of the committee was adopted; and Resolution No. tion are included in one or the other of the above 20 was thereupon referred to the Committee on groups, and will need to have permission to be Rules and Order of Business. absent from our sessions for 10 days or more. Delegate Castro, for the Committee on Accounts, I, myself, desire to leave Wednesday evening, presented a report, relating to Resolutions Nos. 12 April 26th, and hope to return before Monday, and 26, both requesting that individual copies of May 8th. Cushing’ s Manual of Parliamentary Procedure and The four vice-presidents are included in the Roberts’ Ruies or Order be supplied each delegate, delegation proceeding to Washington; and others and recommending that these requests be denied include chairmen of important committees of this for the reasons set forth therein, which was read Convention. by the Clerk (see Sec. B, Standing Corn. Rpt. No. 5). The members of this Convention who are also Upon motion by Delegate Castro, seconded by Dele members of the Legislative Holdover Committee gate Yamamoto, and carried, the report of the com are: Hiram L. Fong,William H. Heen, Charles mittee was adopted. E. Kauhane, Herbert K. H. Lee, Steere G. Noda, Delegate Shimamura introduced Proposal No. 83, Thomas T. Sakakihara and Charles H. Silva. “Relating to Bill of Rights.” The proposal passed The Statehood Commission group includes: first reading by title, was ordered printed, and re Delegates Samuel Wilder King, Charles A. Rice, ferred to the Committee on Bill of Rights. Arthur D. Woolaway, and possibly one other if Delegate Kauhane introduced Proposal No. 84, Governor Stainback fills a vacancy on the Com “Relating to Suffrage and Elections.” The proposal mission. passed first reading by title, was ordered printed, Delegate Chuck Mau has been designated by and referred to the Committee on Suffrage and the City and County of Honolulu to be one of its Elections. two representatives. At this time, President King presented an an Other delegates have been requested to pro nouncement relative to the program for the ensuing ceed to Washington as members of an Advisory two weeks while certain delegates would be absent Committee to the Statehood Commission. Among attenting hearings before the Senate Committee on them, if they can attend the hearing, would be Interior and Insular Affairs in Washington, D. C., Delegates J. Garner Anthony, Randolph Crossley, on statehood, which was read by the Clerk as follows: Frank Y. Kam, Harold W. Rice, C. Nils Tavares and Henry A. White. The Senate Committee on Interior and Insular Under the circumstances, it would seem de Affairs has scheduled hearings on the Hawaii sirable either to adjourn the Convention for a 38 CONVENTION JOURNAL week or to arrive at an understanding that the tee whether or not the financing of such a delega Convention, while continuing to meet daily, will tion representing this Convention, can be done. take no definite action on any measures until the return of the delegation or the majority of them Delegate Larsen repeated his amendment, which from Washington. was: “that this body accept the members already Motions to carry out the program I have out mentioned as the properly designated group to rep resent the Convention.” The motion was seconded lined have been prepared, and will be offered for your consideration. by Delegate Charles H. Silva. Delegate Gilliland moved that Delegate Larsen’s The first will grant the necessary leave of ab sence to the delegates attending the Washington amendment be tabled. Seconded by Delegate Phillips. hearings. The motion was put, and carried, on a showing of hands. The second will define the Convention’s activi ties during their absence. The Chair thereupon stated that it was now in or - der to put Delegate Anthony’s original motion. The third will designate the presiding officer during this period, in accordance with Rule 6 of Delegate Charles H. Rice moved to table the mo our rules. tion. Seconded by Delegate Smith. The motion to table the original motion was thereupon put by the In the meantime, with many proposals before each committee, a good deal of study and consider Chair, and carried, on a showing of hands. ation can be given them by the delegates here. Delegate Heen then moved that this Convention recommend to the chairman of the Statehood Com It is anticipated that by May 8th, the absentees mission, the chairman of the Holdover Committee, will have returned, and our work from then on can and the Governor that some way or other funds be be expedited, with no further interruption. found in order to have Delegate C. Nils Tavares proceed to Washington in order to provide the neces At this time, Delegate Porteus offered a resolu sary technical help that will be required to formulate tion, granting a leave of absence to those delegates certain amendments to the Enabling Act. Delegate attending the hearings before the Senate Committee Ashford seconded the motion, which was carried on Interior and Insular Affairs on H. R. 49, to be unanimously. held in Washington on May 1, 1950, for such time At 12:29 o’clock p.m., upon motion by Delegate as may be necessary between April 24th and May Noda, seconded by Delegate Smith, the Convention 8th, 1950 (see Sec. B, Res. No. 28). Delegate Por adjourned until Tuesday, April 25, 1950 at 11:00 teus moved for the adoption of the resolution, which o’clock a.m. motion was seconded by Delegate White. After con siderable discussion, the Chair put the motion to adopt the resolution, which was carried. Delegate Anthony moved that the Convention vote FIFTEENTH DAY • Tuesday, April 25, 1950 - on the delegates from this Convention who shall attend the hearings in Washington, D. C. The motion The Convention convened at 11:00 o’clock a.m., was seconded by Delegate Ashford. Delegate Larsen pursuant to adjournment, with the President presid moved that the motion be amended to read that ing. “those delegates who can go shall be the ones to The opening prayer was offered by Chaplain Judd, represent us in Washington.” Seconded by Dele after which the roll was called, showing all delegates gate Hoiroyde. present, with the exception of Delegate Hoiroyde, There ensued further discussion in connection absent. The journal of the fourteenth day was ap with who should represent the Convention in Wash proved. ington, and how the expenses of those, in addition to At this time, Delegate Akau rose on a point of the persons already designated by the Hawaii State personal privilege to apologize for statements made hood Commission and the Holdover Committee, could by her during the discussion which took place at be paid. During the course of the discussion, Vice- yesterday’s session, which apology was accepted by President Woolaway twice temporarily assumed the the Convention. Chair in order that President King might participate A message from the Governor, notifying the Con in the debate on the floor of the Convention. vention of the appointment of Matsuki Arashiro, an At this time, Delegate Anthony re-stated his ori elector of the combination of Precincts 5 and 6 ginal motion, as follows: (Combination BB) of the Sixth Representative Dis trict, Island of Kauai, to fill the vacancy caused by I move that this Convention determine the num the expulsion of Frank G. Silva, was read by the ber of and individuals who will represent it before Clerk (see Sec. B, Governor’s Message No. 4). The the Senate of the United States; that the President message was received and placed on file. be requested to ascertain from the Governor, the A communication from the Lanai Residents’ Com Statehood Commission and the Holdover Commit- mittee for Self-Government, transmitting three reso FIFTEENTH DAY • Tuesday, April 25, 1950 39 lutions supporting Proposals Nos. 8 and 22, and ask A communication from the president of the Future ing that the said resolutions be referred to the com Farmers of America, informing the Convention that mittees now considering those proposals, relative the members of that association had voted unanimous to making Lanai a separate county when Hawaii be ly in favor of statehood for Hawaii at their recently comes a state, and granting Lanai representation in held twenty-first annual convention, and expressing Hawaii’s state legislature; and also inclosing copies faith in the Convention to draw up a Constitution of of a presentation outlining their case for county sta which they would be proud, was read by the Clerk tus and representation in the new state legislature, (see Sec. B, Misc. Corn. No. 30). The communica for reference to proper committees and other dele tion was received and placed on file. gates, for their information and guidance, was read A communication from the Council of Hawaiian by the Clerk (see Sec. B, Misc. Com. No. 27). The Civic Clubs on Oahu, requesting that a public hear communication, resolutions and presentation were ing be called for the purpose of discussing the status received and referred to the Committee on Local of the Rehabilitation Act, relative to its inclusion in Government. the Constitution, was read by the Clerk (see Sec. B, At this juncture, Delegate Ashford rose on a point Misc. Com. No. 31). The communication was re of personal privilege to inform the delegates that ceived and referred to the Committee on Hawaiian there was present in the Convention Hall a distin Homes Commission Act. guished woman guest, in the person of Miss Yoshiko A communication from the executive secretary Yamaguchi, a talented artist from the Orient, who is of the Hawaii ~Education Association, enclosing a here to give some performances and who will then report on “Provisions on Taxation and Finance in proceed to Hollywood and New York. Delegate Ash- the Proposed Constitution,” prepared by the research ford moved that the President appoint a committee committee of that association, for the consideration to escort Miss Yamaguchi to the rostrum, and that of its proposals, was read by the Clerk (see Sec. B, thereafter a recess be declared, subject to the call Misc. Corn. No. 32). The communication and report of the Chair, in order that the delegates might be were received and referred to the Committee on presented to her. The motion was seconded by Dele Taxation and Finance. gate Larsen. Delegate Sakakihara moved that the motion be Delegate Wirtz, for the Committee of the Whole, amended to provide that the six “young” men to be to which was referred Resolution No. 25, recommend so appointed be Delegates Charles A. Rice, Harold ing that Frank G. Silva be expelled as a member of W. Rice, Cockett, Ohrt, Nielsen and Larsen. The the Convention, by reason of his contempt of the amendment was seconded by Delegate Kam, and House UnAmerican Activities Committee, and that carried. The Chair thereupon put the amended mo his seat be declared vacant and the Governor be re tion, which was carried. quested to fill the vacancy in the manner provided The committee so appointed then escorted Miss by law, presented a report, recommending the adop Yamaguchi to the rostrum and Delegate Charles A. tion of the resolution in an amended form (see Sec. Rice, who had placed a lovely pink carnation lei B, Corn. of the Whole Rpt. No. 1). Upon motion by around her shoulders, according to Hawaiian custom, Delegate Silva, seconded by Delegate Wirtz, the re presented her to the President, whereupon the Con port of the committee was received and placed on vention stood in recess, at 11:13 o’clock a.rn., sub file, the oral report of the committee having been ject to the call of the Chair, in order that the dele adopted on April 20th. gates might be personally presented to Miss Yarna Delegates Lyman and Apoliona introduced Pro guchi. posal No. 85, “Relating to the State Song for Hawaii.” At 11:21 o’clock a.m., the Convention reconvened The proposal passed first reading by title, was or and proceeded with the order of business in which it dered printed, and referred to the Committee on was engaged at the time of the recess. Miscellaneous Matters. A communication from Gottfried Seitz, submit Delegate Shimamura introduced Proposal No. 86, ting for the consideration of the Convention a sug “Relating to Bill of Rights.” The proposal passed gestion for a public defender, was read by the Clerk first reading by title, was ordered printed, and re (see Sec. B, Misc. Com. No. 28). The communica ferred to the Committee on Bill of Rights. tion and enclosure were received and referred to Delegates Larsen, Heen, Hayes, Lyman, Cockett the Committee on Judiciary. and Fong offered a resolution, requesting that the A communication from the President of the West legislature of Hawaii enact appropriate legislation Maui Hawaiian Civic Club, opposing any action to for the adoption of seven devices of heraldry, con destroy the Hawaiian Homes Commission and its sisting of symbols reflecting Hawaii’s past and projects, was read by the Clerk (see Sec. B, Misc. present (see Sec. B, Res. No. 29). Delegate Larsen Corn. No. 29). The communication was received explained, in some detail, the various symbols on and referred to the Committee on Hawaiian Homes the proposed official seal of the State of Hawaii, as Commission Act. shown on the sketch accompanying the resolution. 40 CONVENTION JOURNAL The resolution was referred to the Committee on A petition from the officers of the Lanai AJA Miscellaneous Matters. Club, Lanai City, requesting the Convention to take The Chair, at this time, announced that arrange whatever steps necessary for the Island of Lanai ments had been made to have Delegate Tavares ac to gain separate county status and its proportional company the delegation to Washington. representation in the legislature of the State of Ha waii, was read by the Clerk (see Sec. B, Petition No. Consideration of Resolution No. 27, relating to 1). The petition was received and referred to the the continuation of the work of the Convention dur Committee on Local Government. ing the absence of certain delegates in Washington, A petition from the Lanai Parent-Teachers Asso action on which was deferred on April 21st: ciation petitioning the Convention to take whatever Delegate Harold W. Rice moved for the adoption steps necessary for the Island of Lanai to gain sepa of the resolution. Seconded by Delegate Larsen. rate county status and its proportional representa Considerable discussion ensued as to what business tion in the legislature of the State of Hawaii, was should, and would, be transacted by the Convention read by the Clerk (see Sec. B, Petition No. 2). The while certain of the delegates were absent to attend petition was received and referred to the Committee hearings before the Committee on Interior and Insu on Local Government. lar Affairs of the United States Senate, following A petition from the Lanai Education Association, which the Chair put the motion to adopt the resolu petitioning the Convention to take whatever steps tion, which was carried. may be necessary for the Island of Lanai to gain a At 12:02 o’clock p.m., upon motion by Delegate separate county status and its proportional repre Crossley, seconded by Delegate Noda, and carried, sentation in the legislature of the State of Hawaii, the Convention adjourned until 11:00 o’clock a.m., was read by the Clerk (see Sec. B, Petition No. 3). on Wednesday, April 26, 1950. The petition was received and referred to the Com mittee on Local Government. A communication from the Adjutant General, SIXTEENTH DAY • Wednesday, April 26, 1950 State of Montana, stating that it would be necessary to make a charge of $18 for a flag of that state, or, The Convention convened at 11:02 o’clock a.m., if it were the desire of the Convention to borrow with President King in the Chair. such flag for a few days, no charge would be made, The divine blessing was invoked by Chaplain Judd, was read by the Clerk (see Sec. B, Misc. Corn. No. after which the roll was called, showing all delegates 33). The communication was received and referred present, with the exception of Delegates Mau and to the Committee on Accounts. Arthur K. Trask, excused. A communication from E. A. Taok, chairman of The Chair announced that he had not been able the mass meeting to be held at Aala Park on April to check the journal of the fifteenth day, but would 29, 1950, in connection with the solving of the un be ready at tomorrow’s session to report on it. employment situation, particularly the Filipinos in At this juncture, the President announced that the Hawaii, inviting the President of the Convention to newly appointed delegate, Matsuki Arashiro, was attend, or some authorized representative of the present in the Convention Hall, and appointed Dele Constitution, was read by the Clerk (see Sec. B, gates Charles A. Rice and Crossley from the Sixth Misc. Corn. No. 34). The communication was re Representative District to escort Mr. Arashiro to ceived and referred to the Secretary to circularize the rostrum. among the delegates to see how many might be able Chief Justice Samuel B. Kemp being in attend to accept the invitation, the President stating that ance, thereupon administered the oath of office to it would be impossible for him to be present since Delegate Arashiro, whereupon he took his seat he would at that time be out of the Territory. with the delegates, being the one formerly occupied A communication from the Governor of Delaware, by Delegate Frank G. Silva, whom he is replacing. stating that a flag of that state was being sent to the The President announced that Delegate Arashiro Convention, and sending the warm greetings of the had taken the loyalty oath. people of Delaware and their best wishes for a suc The President then expressed the appreciation cessful termination to the endeavors of the people of the Convention to Chief Justice Kemp for his of Hawaii, was read by the Clerk (see Sec. B, Misc.. courtesy in coming to the Convention to administer Com. No. 35). The communication was received the oath of office in person. and placed on file. The Chair announced at this time that Delegate A communication from the Superintendent of the Arashiro would be given the same committee Board of Public Buildings and Grounds, State of assignments held by Delegate Frank G. Silva, name North Carolina, informing the Convention that a ly the committees on Local Government, Education, flag of that state was being forwarded, and stating Industry and Labor, and on Revision, Amendments, that the Governor and the people of North Carolina Initiative, Referendum and Recall. would be very proud to have their flag displayed in SEVENTEENTH DAY • Thursday, April 27, 1950 41 the Convention Hall, and wishing the Convention 11:40 o’clock a.m., the Convention so thereupon success, was read by the Clerk (see Sec. B, Misc. stood in recess. Corn. No. 36). The communication was received The Convention reconvened at 11:49 o’clock a.m., and placed on file. with the President in the Chair. A communication from the Governor of Maine, The Chair stated that at the time of the recess a- informing the Convention that the Adjutant General motion to adopt the resolution was pending before was being requested to send a flag of that state on the Convention, by reason of a duly adopted motion a loan basis, if one is available for that purpose, for the previous question. Delegate Heen thereupon was read by the Clerk (see Sec. B, Misc. Corn. No. moved that the rules be temporarily suspended in 37). The communication was received and placed order to receive an amendment to the resolution. on file. Seconded by Delegate Sakakihara, and carried. A communication from the Superintendent of Delegate Heen then offered the following amend Grounds and Buildings of the Commonwealth of Vir ment to the resolution: ginia, informing the Convention that a flag of that Strike from the resolution the following words, state was being forwarded to the Convention, was beginning at the end of line 5 of the resolution: read by the Clerk (see Sec. B, Misc. Corn. No. 38). “the Secretary of the Convention shall preside, The communication was received and placed on file. and the Convention shall thereupon appoint an Delegate White, for the Committee on Taxation acting Secretary to perform the duties of the and Finance, presented a report recommending Secretary;” that Miscellaneous Communication No. 32 be placed and insert in lieu thereof the following words: on file, and that the President express appreciation “Delegate Hebden Porteus be and he is hereby to the Hawaii Education Association for their report appointed acting Vice-President.” on “Provisions on Taxation and Finance in the Pro posed Constitution” (see Sec. B, Standing Corn. Rpt. Delegate Heen moved for the adoption of the No. 6). Upon motion by Delegate White, seconded amendment. The motion was seconded by Delegate by Delegate Harold W. Rice, the report of the com Smith, and carried. Upon motion by Delegate Fong, mittee was adopted; and the communication and re seconded by Delegate Sakakihara, and carried, the port were thereupon placed on file, the President to resolution as amended was adopted. express the appreciation of the Convention to the Delegate Hayes thereupon moved that Delegate Hawaii Education Association for this report. Castro be appointed as acting Secretary in place of Delegate Porteus who has been appointed acting Vice- Delegates Gilliland, King, Fong, Kauhane, Tava President. Delegate Heen suggested that the motion res, Kam, Crossley, Castro, Sakakihara, Akau, Mi be worded to provide for the appointment of Dele zuha, Fukushima, Lyman, Kanemaru, Hoiroyde, gate Castro as assistant Secretary, which sugges Hayes, Kometani, White, Richards, Lai, Ohrt, Smith, tion was accepted by Delegate Hayes. The motion Kido, St. Sure, Noda, Apoliona, Bryan and Larsen was seconded by Delegate Shimamura. The Chair offered a resolution, providing that the Secretary of thereupon put the motion, which was carried. the Convention shall preside over the Convention Delegate Kam offered a resolution, requesting the during the temporary absence of all Vice-Presidents, Governor of Hawaii to set aside as a legal holiday a or in the event of the temporary inability on the part specific day to be known as “Statehood Day,” upon of all Vice-Presidents to discharge the duties of the granting of statehood to Hawaii (see Sec. B, Res. their office; and providing for the appointment of No. .31). The resolution was referred to the Com an acting Secretary to perform the duties of the mittee on Miscellaneous Matters. Secretary (see Sec. B, Res. No. 30). Delegate Fong Delegate Apoliona introduced Proposal No. 87, moved for the adoption of the resolution. Seconded “Relating to Legislative Matters.” The proposal by Kauhane. Delegate Silva moved that the resolu passed first reading by title, was ordered printed, tion be referred to the Committee on Rules and Or and referred to the Committee on Legislative Powers der of Business. and Functions. There ensued considerable discussion on the sub At 12:04 o’clock p.m., upon motion by Delegate ject matter of the resolution, during which Vice-Pres Crossley, seconded by Delegate Noda, and carried, ident Fong assumed the Chair, temporarily, in or the Convention adjourned until 11:00 o’clock a.m., der that the President might participate in the debate on Thursday, April 27, 1950. on the floor of the Convention. Delegate Kauhane moved for the previous question, stating that he felt that the resolution did not amend the rules. Second ed by Delegate Noda, and carried. SEVENTEENTH DAY • Thursday, April 27, 1950 Delegate Heen then moved that the Convention stand in recess, subject to the call of the Chair. The Convention convened at 11:10 o’clock a.m., Seconded by Delegate Okino, and carried; and at with Vice-President Fong presiding. 42 CONVENTION JOURNAL The opening prayer was offered by Chaplain Judd, stons of the Convention during their absence from after which the roll was called, showing all delegates the Territory on their mission. present, with the exception of Delegates Crossley, At 11:19 o’clock a.m., upon motion by Delegate Heen, Kanemaru, King, Lee, Mau, Charles A. Rice, Noda, seconded by Delegate Bryan, and carried, the Tavares, White and Woolaway, excused; and Dele Convention adjourned until 11:00 o’clock a.m., Fri gate Gilliland, absent. The journal of the fifteenth day, April 28, 1950. and sixteenth days was approved. A petition from 122 citizens and voters of the Hamakua District, Island of Hawaii, requesting the deletion of the provisions of the Hawaiian Homes EIGHTEENTH DAY • Friday, April 28, 1950 Commission Act, 1920, as amended, from the basic law of the Territory when drafting the constitution The Convention convened at 11:00 o’clock a.m., for the State of Hawaii, was read by the Clerk (see with Vice-President Charles A. Rice presiding. Sec. B, Petition No. 4). The petition was received The divine blessing was invoked by Chaplain Judd, and referred to the Committee on Hawaiian Homes after which the roll was called, showing all delegates Commission Act. present, with the exception of Delegates Anthony, Delegate Sakakihara introduced Proposal No. 88, Crossley, Heen, Kam, Kauhane, King, Lee, Mau, “Constitution.” The proposal passed first reading Noda, Sakakihara, Silva, Tavares, White and Woola by title, was ordered printed, and referred to stand way, excused. The journal of the seventeenth day ing Committees as follows: was approved. Committee on Miscellaneous Matters: Pream A communication from Honorable Alben W. Bark ley, Vice-President of the United States and Presi ble. Committee on Bill of Rights: Article I, Bill of Rights, Sections 1—15, inclusive; Article IX, Gen dent of the United States Senate, acknowledging re er al Powers, Section 1. Committee on Suffrage ceipt of Resolution No. 4, and stating that the same and Elections: Article II, Suffrage and Elections, would be brought to the attention of the Senate, was Sections 1—4, inclusive. Committee on Legislative read by the Clerk (see Sec. B, Misc. Com. No. 39). Powers and Functions: Article III, The Legisla The communication was received and placed on file. ture, Sections 1—22, inclusive. Committee on Ex A communication from the administrative assis ecutive Powers and Functions: Article IV, The tant to the Speaker of the House of Representatives, Executive, Sections 1-4, inclusive; Article IX, Congress of the United States, acknowledging re General Powers, Sections 2 and 3. Committee on ceipt of Resolution No. 4, was read by the Clerk (see Judiciary: Article V, The Judiciary, Sections Sec. B, Misc. Com. No. 40). The communication 1-6, inclusive. Committee on Taxation and Fi was received and placed on file. nance: Article VI, Finance, Sections 1-6, inclu A communication from the executive assistant to sive. Committee on Local Government: Article the Governor of Louisiana, informing the Convention VII, Local Government, Section 1. Committee on that a flag of that state was being sent for use in the Education: Article VIII, Public Education, Sections Convention Hall, was read by the Clerk (see Sec. B, 1-3, inclusive. Committee on Revision, Amend Misc. Corn. No. 41). The communication was re ment, Initiative, Referendum and Recall: Article ceived and placed on file. X, Constitutional Revision, Section 1. A communication from the secretary to the Gov ernor of New Hampshire, informing the Convention Delegates Akau, Ihara, Doi, Kawahara and Luiz that this state had no state flags available for distri offered a resolution, recording the official endorse bution, was read by the Clerk (see Sec. B, Misc. ment of the delegates of “National Boys’ and Girls’ Corn. No. 42). The communication was received and Week” (see Sec. B, Res. No. 32). The resolution placed on file. was referred to the Committee on Miscellaneous A communication from the executive secretary, Matters. State of Maryland, informing the Convention that At this time, Vice-President Fong announced the they would be glad to loan a flag to the Convention, departure dates of the delegates who are appearing but would like some idea as to how long it would be before the Senate Committee on Interior and Insular required, was read by the Clerk (see Sec. B, Misc. Affairs in Washington, as follows: Corn. No. 43). The communication was received and Delegates Crossley, Heen, King, Mau and Woola placed on file, and the Secretary directed to reply way had already departed; Delegates Tavares, White, thereto. Kam, Lee, Sakakihara, Noda and Kauhane will leave A communication from the personal secretary to tonight; Delegates Silva and Fong, will leave tomor the Governor of the State of Michigan, informing the row night; and Delegate Charles A. Rice will depart Convention that his office did not have flags available, on Saturday. but that the state property manager did have them The Chair further stated that these delegates available, on a loan basis, and the request of the Con would be excused from attendance at the daily ses vention, ~had been referred to that office, was read NINETEENTH DAY • Monday, May 1, 1950 43 by the Clerk (see Sec. B, Misc. Corn. No. 44). The ned, the Convention adjourned until 11:00 o’clock communication was received and placed on file. a.m. on Monday, May 1, 1950. A communication from the state property manager, State of Michigan, stating that a flag of that state was being forwarded to the Convention, on a loan basis, NINETEENTH DAY • Monday, May 1, 1950 was read by the Clerk (see Sec. B, Misc. Com. No. 45). The communication was received and placed on file. The Convention convened at 11:05 o’clock a.m., A communication from the ILWU, Locals 136, with acting Vice President Porteus presiding. - 142, 150 and 152, and the executive officers, with After prayer by Chaplain Judd, the roll was call respect to the expulsion of Delegate Frank G. Silva, ed, showing all delegates present, with the exception was read by the Clerk (see Sec. B, Misc. Corn. No. of Delegates Anthony, Crossley, Dot, Fong, Heen, 46). The communication was received and placed on Kam, Kauhane, King, Lee, Mau, Mizuha, Noda, file. Charles A. Rice, Sakakihara, Silva, Tavares, White Delegate Wirtz, for the Committee on Rules and and Woolaway, excused. The journal of the eight Order of Business, presented a report recommending eenth day was approved. the adoption of Resolution No. 20 in an amended form At this juncture, the Sergeant-at-Arms announced (see Sec. B, Standing Corn. Rpt. No. 7). Upon motion the presence of the Lei Day King and Queen of Kai by Delegate Wirtz, seconded by Delegate Kage, and muki High School, who were escorted to the rostrum carried, the report of the committee was adopted, and presented to the acting Vice-President. On be thereby adopting Resolution No. 20 in the amended half of her school, the Queen extended greetings to form. the members of the Convention and placed about the Delegate Yamauchi, for the Committee on Miscel shoulders of acting Vice-President Porteus lovely laneous Matters, presented a report, recommending red and white flower lets, tied with blue satin ribbon, the adoption of Resolution No. 32 providing for the on which were superimposed 49 silver stars, repre official endorsement by the Convention of “National senting the 48 States and Hawaii. The acting Vice- Boys’ and Girls’ Week” (see Sec. B, Standing Corn. President then presented the youthful King and Rpt. ‘No. 8). Upon motion by Delegate Yamauchi, Queen to the assemblage and expressed his apprecia seconded by Delegate Smith, the report of the com tion for their courtesy. mittee was adopted, thereby adopting Resolution Petitions from the Lanai Rifle and Pistol Club, No. 32. Lanai Social Club and Lanai Veterans Club, each Delegate Mizuha, for the Committee on Bill of petitioning the Convention to take the necessary Rights, presented a report, returning Proposal No. steps to gain separate county status for the Island 28, relating to equal rights, with the recommenda of Lanai, and its proportional representation in the tion that it be referred to the Committee on Miscel legislature of the State of Hawaii, was read by the laneous Matters, which was read by the Clerk (see Clerk (see Sec. B, Petitions No. 5, 6 and 7). The Sec. B, Standing Com. Rep. No. 9). Upon motion by petitions were received and referred to the Commit Delegate Mizuha, seconded by Delegate Harold W. tee on Local Government. Rice, the report of the committee was adopted; and A petition from 94 citizens of the county of Hawaii, Proposal No. 28 was thereupon referred to the Com petitioning the Convention to exclude from the consti mittee on Miscellaneous Matters. tution for the State of Hawaii the Hawaiian Homes Delegate Ashford introduced Proposal No. 89, Commission Act provision, and in the accompanying “Relating to the Bill of Rights.” The proposal pass letter suggesting that the members of the Convention ed first reading by title, was ordered printed, and consider holding meetings in different sections of referred to the Committee on Bill of Rights. the Territory to give the people an opportunity to Delegates Lyman and Doi introduced Proposal express themselves in this regard, was read by the No. 90, “Relating to Historical Memorials and Monu Clerk (see Sec. B, Petition No. 8). The petition and ments—Acquisition of Property.” The proposal accompanying communication were received and re passed first reading by title, was ordered printed, ferred to the Committee on Hawaiian Homes Commis and referred to the Committee on Health and Public sion Act. Welfare. Petitions from 110 citizens of the Laupahoehoe Delegates Ihara, Yamauchi, Doi, Smith, Dowson, District, from 81 citizens of the Kohala District, Apoliona, Kage and Kawakami introduced Proposal from 124 voters of the Kalopu District, from 91 No. 91, “Relating to Fishing Rights.” The proposal other voters, and from 27 voters of the Hilo District, passed first reading by title, was ordered printed, all of the Island of Hawaii, petitioning the Conven and referred to the Committee on Agriculture, CQn tion to exclude the Hawaiian Homes Commission servation and Land. Act from the constitution for the State of Hawaii, At 11:34 o’clock a.m., upon motion by Delegate were read by the Clerk (see Sec. B, Petitions No. Hoiroycle, seconded by Delegate Dowson, and car- 9, 10, 11, 12 and 13). The petitions were received 44 CONVENTION JOURNAL and referred to the Committee on Hawaiian Homes munication was received and referred to the assist Commission Act. ant Secretary for reply. A communication from Mrs. Tang Yau Fong, A communication from the Adjutant General, expressing appreciation for the sentiments contain Department of Military and Naval Affairs, State of ed in the resolution of sympathy adopted by the Minnesota, expressing regret that there were no Convention on the death of her husband, was read flags available for use in the Convention Hall, was by the Clerk (see Sec. B, Misc. Com. No. 47). The read by the Clerk (see Sec. B, Misc. Corn. No. 55). communication was received and placed on file. The communication was received and placed on file. A communication from the executive director, A communication from the Governor of Oregon, West Virginia Industrial and Publicity Commission, informing the Convention that the request for a flag informing the Convention that a flag of that state of that state was being referred to the Secretary of was being forwarded to the Convention, was read by State of Oregon, was read by the Clerk (see Sec. B, the Clerk (see Sec. B, Misc. Corn. No. 48). The Misc. Corn. No. 56). The communication was re communication was received and referred to the ceived and referred to the assistant Secretary for assistant Secretary for acknowledgment. reply. A communication from the chief -of service, A communication from the president, Halau 0 Department of Finance, State of Alabama, stating Keliiahonui Hale 0 Na Alii 0 Hawaii, Helu 6, Kamu that a flag of that state was being forwarded to the ela, Hawaii, protesting against the deletion of the Convention, was read by the Clerk (see Sec. B, Misc. Hawaiian Homes Commission Act from the consti Corn. No. 49). The communication was received and tution for the State of Hawaii, was read by the Clerk referred to the assistant Secretary for acknowledg (see Sec. B, Misc. Corn. No. 57). The communica ment. tion was received and referred to the Committee on A communication from the Governor of the Com Hawaiian Homes Commission Act. monwealth of Virginia, stating that arrangements A communication from the chairman of the sub were being made to send a flag of that state to the committee, Committee on UnAmerican Activities, Convention, was read by the Clerk (see Sec. B, Misc. House of Representatives, Congress of the United Corn. No. 50). The communication was received States, acknowledging receipt of certified copy of and referred to the assistant Secretary for reply. the record relating to the action taken by the Conven A communication from the executive assistant tion relating to Frank G. Silva, and expressing the to the Governor of the Commonwealth of Pennsyl thanks of the committee for the courteous manner vania, stating that although they were unable to do in which they were received in the Convention, was nate a flag of that state to the Convention, they would read by the Clerk (see Sec. B, Misc. Corn. No. 58). be very happy to send one on a loan basis, and ex The communication was received and placed on file. tending best wishes in the drafting of the constitu Delegate Hayes, for the Committee on Hawaiian tion for the proposed State of Hawaii, was read by Homes Commission Act, to which was referred the Clerk (see Sec. B, Misc. Corn. No. 51). The Petition No. 4, relating to the deletion of the Ha communication was received and referred to the waiian Hornes Commission Act from the Constitu assistant Secretary for reply. tion for the State of Hawaii, and requesting that A communication from the vice chief of staff to public hearings on this question be held in different the Governor, Executive Department, State of New parts of the Territory, presented a report, unani York, stating that a flag of that state was being mously recommending that this request for public sent to the Convention, which might be said to be hearings be referred to the Committee on Accounts a symbol and reminder of the fact that Hawaii was (see Sec. B, Standing Corn. Rpt. No. 10). “host” to New York’s own troops, the 27th Division, Upon motion by Delegate Hayes, seconded by during the troubled days of World War II, was read Delegate James K. Trask, the report of the commit by the Clerk (see Sec. B, Misc. Corn. No. 52). The tee was adopted; and the request for public hearings communication was received and referred to the in different parts of the Territory in connection with assistant Secretary for reply. the Hawaiian Homes Commission Act was thereupon A communication from the secretary to the Gov referred to the Committee on Accounts. ernor of Wyoming, expressing regret that they A communication from Delegate Nils P. Larsen, would be unable to send a flag to the Convention as Chairman of the Committee on Health and Public their supply were out on loan, was read by the Welfare, stating that this committee would like an Clerk (see Sec. B, Misc. Corn. No. 53). The com informal discussion with the Committee of the Whole munication was received and placed on file. regarding problems of health and welfare, and at A communication from the executive secretary, that time to present to the Committee of the Whole Executive Department, State of Minnesota, stating tentative conclusions as to what it is believed should that the request for a flag of that state had been be incorporated into the Constitution on such matters, referred to the Adjutant General, was read by the a copy of which tentative proposals would -be on the Clerk (see Sec. B, Misc. Corn. No. 54). The corn- desk of each delegate tomorrow morning, was read TWENTIETH DAY • Tuesday, May 2, 1950 45 by the Clerk (see Sec. B, Misc. Corn. No. 59). The in its trek towards statehood. In other words, communication was received and placed on file. from a Kingdom to a Republic, then a Territory Delegates Ashford, Kellerman and Wirtz intro and then to statehood—the only step in Hawaii’s duced Proposal No. 92, “Relating to the Qualifica progress which Texas didn’t have to take was the tions of Judges.” The proposal passed first read status of the Territory, —it went from a Republic ing by title, was ordered printed, and referred to the directly to statehood, so I say again it is more Committee on Judiciary. than ordinarily significant for this flag to be Delegate Shimamura introduced Proposal No. 93, displayed in this Convention Hall. I take great “Relating to Bill of Rights.” The proposal passed pleasure in presenting, on behalf of the State of first reading by title, was ordered printed, and Texas, this “Lone Star” flag. referred to the Committee on Bill of Rights. Acting Vice-President Porteus accepted the flag At 11:31 o’clock a.m., the Convention stood in from Chief Justice Kemp on behalf of the people of recess, subject to the call of the Chair. Hawaii, for display in the Convention Hall through Upon reconvening, at 11:37 o’clock a.m., the act out the Convention, and stated that he hoped the job ing Vice-President announced that arrangements of this Convention would be as successful as it was were being made to hand the state flags so far re that of Texas. ceived, and asked that the delegates whose home The acting Vice-President then called upon the states were California, Louisiana, Idaho, Texas, assistant Secretary, Delegate Castro, to bring to the Connecticut and Illinois see the assistant Secretary rostrum, the flags of the states of Louisiana, Connec before tomorrow in this connection. ticut, Illinois and Idaho; and thereupon appointed the At 11:40 o’clock a.m., upon motion by Delegate five women delegates Ashford, Akau, Corbett, Hayes - Dowson, seconded by Delegate Phillips, and carried, and Kellerman—as an escort of honor to accompany the Convention adjourned until Tuesday, May 2, 1950, the Secretary bearing the flags of these states to the at 11:30 o’clock a.m. rostrum. Assistant Secretary Castro thereupon, on behalf of the states of Louisiana, Connecticut, illinois and Idaho, presented flags of those states to the Con TWENTIETH DAY • Tuesday, May 2, 1950 vention. On behalf of the delegates, acting Vice President The Convention convened at 11:35 o’clock a.m., Porteus accepted the flags of these states and ex with acting Vice-President Porteus in the Chair. pressed thanks to the governors and the people there The divine blessing was invoked by Chaplain Judd, of for their respective state flags. after which the roll was called showing all delegates At this time, Delegate Kometani informed the Con present, with the exception of Delegates Anthony, vention that there was present in the Convention hall Crossley, Doi, Fong, Gilliland, Heen, Kam, Kauhane, a very distinguished guest from the Orient who is King, Lee, Man, Noda, Phillips, Charles A. Rice, on his way to Copenhagen, Denmark, to the meeting Sakakihara, Silva, Tavares, White and Woolaway, of the International Olympic Committee, and who excused. The journal of the nineteenth day was ap was seated near Delegate Larsen. Acting Vice Pre proved. sident Porteus appointed Delegate Larsen as a com At this juncture, the acting Vice-President an mittee of one to escort the honored guest to the plat nounced that Chief Justice Samuel B. Kemp was form, whereupon Delegate Larsen presented Dr. present in the Convention Hall for the purpose of Ryutaro Azuma to the Convention, stating that it was presenting to the Convention the state flag of Texas, always a great pleasure to be able to introduce an and asked the Sergeant-at-Arms to escort him to the outstanding member of his own profession; and that rostrum. Dr. Azuma, who was on his way to Copenhagen, was Acting Vice-President Porteus stated that it was the head of the research department of the Welfare with a great deal of pleasure that the delegates wel Department of Japan; also was a member of the comed Hawaii’s own Chief Justice Kemp who, as a faculty of the Tokyo Medical School, one of the out native son of Texas, would present the flag of the standing medical schools of the Orient; and, in addi “Lone Star” State to this Convention, on behalf of tion, was president of the Japanese Amateur Athletic the people of Texas. Association. In making the presentation, Chief Justice Kemp In acknowledging this introduction, Dr. Azuma said: said: It is with a good deal of pleasure that I accept It is a great honor to be introduced here to the invitation to present to you this flag of the day, especially at this very historic moment. I “Lone Star” State. It is particularly fitting that am now on the way to Copenhagen, Denmark, to this flag should fly in this Convention Hall be attend the International Olympic Committee meet cause the progress of Hawaii towards statehood ing to be held there on May 14th, under the full has paralleled very closely the progress of Texas, support of General MacArthur. I hope I may sue- 46 CONVENTION JOURNAL ceed in getting the committee to let the Japanese extending best wishes to the Convention, was read sportsmen participate in the next Olympic Games by the Clerk (see Sec. B, Misc. Corn. No. 67). The at Helsinki in 1952. Thank you. communication was received and referred to the assistant Secretary for reply. Acting Vice President Porteus stated that the A communication from Francis G. Ruddle and Convention was delighted to have Dr. Azuma present. Samuel M. Spencer, explaining how their signatures A communication from the Governor of Utah, were obtained on a petition (Pet. No. 8), for the ex informing the Convention that a flag of that state clusion of the Hawaiian Homes Commission Act would be sent, on a temporary basis, and wishing from the constitution for the State of Hawaii, and the Convention success, and also wishing success asking that their names be stricken from the peti to Hawaii’s application for statehood, was read by tion, was read by the Clerk (see Sec. B, Misc. Corn. the Clerk (see Sec. B, Misc. Corn. No. 60). The No. 68). The communication was received and re communication was received and referred to the ferred to the Committee on the Hawaiian Homes assistant Secretary for reply. Commission Act. A communication from the Governor of Iowa, Delegate Mizuha, for the Committee on Bill of stating that the request for a flag of that state was Rights, presented a report, recommending that Pro being referred to the Iowa Development Commission posal No. 17, relating to women on juries, be referred for reply, was read by the Clerk (see Sec. B, Misc. to the Committee on Judiciary for consideration and Corn. No. 61). The communication was received and study, which was read by the Clerk (see Sec. B, referred to the assistant Secretary for reply. Standing Com. Rpt. No. 11). Upon motion by Dele A communication from the director of the Iowa gate Mizuha, seconded by Delegate Smith, and Development Commission, stating that a flag of that carried, the report of the committee was adopted;, state would be forwarded to the Convention, was and Proposal No. 17 was thereupon referred to the read by the Clerk (see Sec. B, Misc. Corn. No. 62). Committee on Judiciary. The communication was received and referred to the Delegates Luiz, Mizuha, Kawakami, Serizawa, assistant Secretary for reply. Smith, Fukushima, Akau, Richards, Loper and St. A communication from the Washington State Sure introduced Proposal No. 94, “Relating to Exe Advertising Commission, informing the Convention cutive Powers and Functions.” The proposal passed that a flag was being sent for use during the time the first reading by title, was ordered printed, and Convention remains in session, and to be returned referred to the Committee on Executive Powers and when it was no longer needed, was read by the Clerk Functions. (see Sec. B, Misc. Corn. No. 63). The communication Delegates Mizuha, Nielsen, Kawakami, Luiz and was received and referred to the assistant Secretary Smith introduced Proposal No. 95, “Relating to for reply. Legislative Powers and Functions.” The proposal A communication from the Governor of Nevada, passed first reading by title, was ordered printed stating that he was requesting that a flag of that and referred to the Committee on Legislative Powers state be sent to the Convention, was read by the and Functions. Clerk (see Sec. B, Misc. Corn. No. 64). The com Delegate Ashford offered a resolution, requesting munication was received and referred to the assist the Senate of the United States to pass H. R. 49 with ant Secretary for reply. such amendments as may be necessary, to return A communication from the State Highway Engi to the people of Hawaii the public lands ceded to and neer, State of Nevada, informing the Convention that accepted by the United States in trust for the inhabi a flag of that state was being forwarded at the re tants of the Hawaiian Islands (see Sec. B, Res. No. quest of Governor Pittman, was read by the Clerk 33). Upon motion by Delegate Ashford, seconded by (see Sec. B, Misc. Corn. No. 65). The communica Delegate Arthur K. Trask, and carried, the resolu tion was received and referred to the assistant Sec tion was ordered printed and distributed to the mem retary for reply. bers, and consideration thereof to be deferred until A communication from the Adjutant General, tomorrow. State of Maine, stating that the only flag of the pro At 11:58 o’clock a.m., the Convention stood in per size was at present on loan to the Republic of recess, subject to the call of the Chair. France, and therefore it would be impossible to send At 12:16 o’clock p.m., the Convention reconvened. a flag at this time; but that if July 1st were not too At this time, the acting Vice-President recognized late, one could be sent at that time, was read by the Delegate Roberts, who reported orally for the Com Clerk (see Sec. B, Misc. Corn. No. 66). The commu mittee on Submission and Information, that the first nication was received and referred to the assistant of the weekly reports had been sent out on April 28th Secretary for reply. to some 120 organizations, and that in the future A communication from the assistant to the Gov copies of these weekly reports will be furnished to ernor of Florida, informing the Convention that it all the delegates. Delegate Roberts touched briefly would be impossible to send a flag of that state, and on the work. that was being done by the Convention TWENTY-FIRST DAY • Wednesday, May 3, 1950 47 and its various committees and stated that it might Delegates Mizuha, Kellerman, Larsen, Cockett, be of interest to note that the report showed that Nielsen, Kawakami, Luiz, Kometani, James K. there had been something over 30 committee meet Trask, Hoiroyde and Bryan introduced Proposal ings, consuming over 50 hours, indicating that a good No. 97, “Relating to Bill of Rights.” The proposal deal of work was being done. Delegate Roberts fur passed first reading by title, was ordered printed, ther reported that radio time had been secured, free and referred to the Committee on Bill of Rights. of charge, on Stations KGU, KGMB and KHON for Consideration of Resolution No. 33, requesting programs on the work of the Convention. He asked the Senate of the United States to pass H. R. 49 with that the chairmen and vice chairmen of the various such amendments as may be necessary to return to committees submit the reports of their respective the people of Hawaii, the public lands ceded to and committees on time each week in order that the accepted by the United States in trust for the inhabi information might be included in the weekly reports. tants of the Hawaiian Islands—on Special Orders— At 12:26 o’clock p.m., upon motion by Delegate action on which was deferred yesterday: Yamamoto, seconded by Delegate Yamauchi, and carried, the Convention adjourned until 11:30 Upon motion by Delegate Ashford, seconded by o’clock a.m., on Wednesday, May 3, 1950. Delegate Bryan, and carried, the resolution was referred to the Committee on Agriculture, Conser vation and Land. Upon motion by Delegate Shimamura, seconded TWENTY-FIRST DAY • Wednesday, May 3, 1950 by Delegate Harold W. Rice, and carried, the Con vention stood in recess at 11:48 o’clock a.m., until The Convention convened at 11:35 o’clock a.m., 2:00 o’clock this afternoon, at which time it will with acting Vice-President Porteus presiding. meet, in Committee of the Whole, to discuss with After prayer by Chaplain Judd, the roll was the Committee on Health and Public Welfare, prob called, showing all delegates present with the excep lems on health and welfare, as previously requested tion of Delegates Anthony, Crossley, Doi, Fong, by the committee chairman yesterday. Fukushima, Gilliland, Heen, Kam, Kauhane, King, Lee, Mau, Noda, Charles A. Rice, Sakakihara, Seri AFTERNOON SESSION zawa, Silva, Tavares, White and Woolaway, excused. The journal of the twentieth day was approved. The Convention reconvened at 2:04 o’clock p.m., Communications from the corresponding secretary with a quorum present, and acting Vice-President of the Nanaikapono Hawaiian Civic Club, of Nanakuli, Porteus in the Chair. Oahu, and from the corresponding secretary of the At this time, Delegate Hayes rose to a point of Hawaiian Civic Club for Women, Hilo, Hawaii, personal privilege in connection with the brief opposing the deletion of the Hawaiian Homes Com presented by Senator William J. Nobriga before the mission Act from the constitution for the State of Senate Committee on Interior and Insular Affairs, Hawaii, and urging its inclusion therein, were read being his plea for the amendment of H.R. 49, by by the Clerk (see Sec. B, Misc. Com. No. 69 and 70). the deletion from certain sections thereof all refer The communications were received and referred to ence to the Hawaiian Homes Commission Act, 1920, the Committee on Hawaiian Homes Commission Act. as amended, together with each and aliprovisions A communication from the president of the Mass pertaining thereto, a copy of which brief had been Meeting of Unemployed Filipinos, transmitting placed on the desk of each delegate, with an accom copies of two resolutions adopted at the mass meet panying letter of transmittal and a booklet con ing held at Aala Park on April 29th, and inviting the densing Senator Nobriga’s testimony he is present President and all delegates who so desire, to the ing before said Senate committee, in which were next mass meeting of this group to be held at Aala reproduced graphic exhibits also presented to the Park on May 7th being held in an effort to help find Committee. ways and means to relieve the unemployment situa Delegate Hayes characterized these presentations tion in Hawaii, particularly the unemployed Filipinos, as “most disgraceful” and “an insult to the Hawaiian was read by the Clerk (see Sec. B, Misc. Corn. No. people.” Continuing, Delegate Hayes stated that 71). The communication and resolutions were re it was a reflection on the Hawaiian people, and ceivect and referred to the assistant Secretary to would tend to stir up racial feelings. Delegate see how many delegates wished to attend this mass Hayes also took exception to some of the pictures meeting. reproduced in the booklet, showing houses, which Delegates Kawakami, Luiz and Holroyde intro were no better than shacks, represented as the type duced Proposal No. 96, “Relating to Rights of Aliens of homes built on homestead lands. She contended in the Bill of Rights.” The proposal passed first that there were many houses on Hawaiian homestead reading by title, was ordered printed, and referred lands that did not look like those Senator Nobriga to the Committee on Bill of Rights. depicted as being typical. 48 CONVENTION JOURNAL Delegate Arthur K. Trask rose on a point of Woolaway, excused. The journal of the twenty-first information to inquire whether or not the brief and day was approved. accompanying booklet had been paid for from terri A communication from the executive director of torial funds. The Chair replied that he had no infor the Hawaii Housing Authority, on behalf of that mation on this matter and felt that this was not with Authority and the San Francisco field office, suggest in the province of this Convention as such, but it was ing the language to be considered by the Convention a matter of interest to individual citizens to ascer for use in the provisions covering public housing, tain whether this printing was done at the expense slum clearance, community development and rede of the government or had been financed privately, velopment in the constitution for the State of Hawaii, and he felt confident such an investigation would be was read by the Clerk (see Sec. B, Misc. Com. No. made by those individual citizens. 72). The communication was received and referred At this time, Delegate Roberts moved that the to the Committee on Health and Public Welfare. Convention resolve itself into a Committee of the A commuhication from the president of the Whole for the purpose of discussing with the Com Nanaikapone Homesteaders, favoring the inclusion mittee on Health and Public Welfare problems on of the Hawaiian Homes Commission Act in the health and welfare, and for the presentation by the constitution for the State of Hawaii, and suggesting said Committee o~ Health and Public Welfare tenta a public hearing on this subject matter, was read tive conclusions as to what they believe should be by the Clerk (see Sec. B, Misc. Com. No. 73). The incorporated into the Constitution on health and communication was received and referred to the welfare problems. The motion was seconded by Committee on Hawaiian Homes Commission Act. Delegate Mizuha, and carried; whereupon the Chair A communication from a committee of five, appointed Delegate Kometani as chairman of the representing the Molokai Community Association, said Committee of the Whole, and at 2:13 o’clock Kalanianaole Homesteaders Assocation and the p.m., the Convention resolved itself into a Commit Onealii Community Association, strenuously pro tee of the Whole for the consideration of problems testing the deletion of the Hawaiian Homes Com of health and welfare and tentative conclusions mission Act from the Hawaii State Constitution, reached by the Committee on Health and Public was read by the Clerk (see Sec. B, Misc. Corn. No. Welfare, with Delegate Kometani as chairman. 74). The communication was received and referred At 3:36 o’clock p.m., the committee rose; and to the Committee on Hawaiian Homes Commission the Convention reconvened. Act. Delegate Kometani, for the Committee of the Delegate Castro, for the Committee on Accounts, Whole, reported orally that the committee had to which was referred Petition No. 4 and Standing informally discussed tentative proposals submitted Committee Report No. 10, relating to the holding of by the Committee on Health and Public Welfare public hearings in different parts of the territory, covering the general subject of public health, and presented a report, recommending that the Conven had submitted certain suggestions which will be tion pay the cost of transportation for five members further considered by the Committee on Health and of the Committee on the Hawaiian Homes Commis Public Welfare. Upon motion by Delegate Kometani, sion Act and one clerk, in accordance with the seconded by Delegate Phillips, the oral report of itinerary outlined in the report, at Keaukaha, Hono the committee was adopted. kaa and Waimea, Hawaii; and at Hoolehua, Molokai At 3:41 o’clock p.m., the Committee stood in (see Sec. B, Standing Com. Rpt. No. 12). Delegate recess, subject to the call of the Chair. Castro moved for the adoption of the report. Sec At 3:44 o’clock p.m., the Convention reconvened; onded by Delegate Yamamoto. and, upon motion by Delegate Dowson, seconded by At 12:00 o’clock noon, upon motion by Delegate Delegate Mizuha, and carried, the Convention Arashiro, seconded by Delegate Mizuha, the Con adjourned until 11:30 o’clock a.m., on Thursday, vention stood in recess, subject to the call of the May 4, 1950. Chair, in order that the delegates might discuss this report further before taking action thereon. At 12:08 o’clock p.m., the Convention reconvened. TWENTY-SECOND DAY • Thursday, May 4, 1950 Delegate Arthur K. Trask moved that action on this report be deferred until Monday, May 8th. The Convention convened at 11:38 o’clock a.m., Seconded by Delegate Arashiro, and carried. with acting Vice-President Porteus in the Chair. Delegate Okino, for the Committee on Executive The divine blessing was invoked by Chaplain Judd, Powers and Functions, to which was referred Pro after which the roll was called showing all delegates posal 94, relating to executive powers and functions, present, with the exception of Delegates Anthony, presented a report recommending that this proposal Crossley, Doi, Fong, Gilliland, Heen, Kam, Kauhane, be referred to the Committee on Local Government King, Lee, Luiz, Mau, Noda, Charles A. Rice, Sakai, for consideration and study (see Sec. B, Standing Sakakihara, Serizawa, Silva, Tavares, White and Com. Rpt. No. 13). Upon motion by Delegate Okino, TWENTY-THIRD DAY • Monday, May 8, 1950 49 seconded by Delegate Fukushima, the report of the favorable impression on the members of the Senate committee was adopted; and Proposal No. 94 was committee, and all appeared to be very hopeful of a thereupon referred to the Committee on Local favorable report coming out of the committee, and Government. expressed the hope that the bill would reach the Delegates Kellerman, Ashford and Wirtz intro floor of the Senate by the end of June. Delegate duced Proposal No. 98, “Relating to Delegation of Heen stated that a full report of the Convention dele Legislative Powers.” The proposal passed first gation would be ready for presentation to the Conven reading by title, was ordered printed, and referred tion toward the latter part of this week. to the Committee on Legislative Powers and Func The acting Vice-President at this time recognized tions. Delegate Loper, who informed the Convention that Delegates Roberts and Wirtz introduced Proposal there were present in the Convention hall two visi No. 99, “Relating to Health and Public Welfare.” tors representing the Parent-Teachers Association The proposal passed first reading by title, was of Japan, and suggested that they be called to the ordered printed, and the first section thereof was rostrum and be presented to the Convention. Acting referred to the Committee on Agriculture, Conser Vice-President Porteus thereupon appointed Dele vation and Land; and the second section thereof was gate Loper as a committee of one to escort these referred to the Committee on Health and Public visitors to the rostrum and asked him to present Welfare. them to the Convention. At this juncture, the Chair informed the Conven Delegate Loper first presented Mrs. Miyeko tion that it appeared that a number of the delegates Yamamoto, vice-president of the Sobue Senior High who had been attending the hearings before the School PTA, and Tokuma Ninorniya of the Ministry Senate Committee on Interior and Insular Affairs of Education of Japan. Before calling on Mrs. Yama in Washington, D. C., would be in attendance at the moto for a few remarks, Delegate Loper informed session next Monday, including, in all probability, the Convention that according to a memorandum, the the President and some of the Vice Presidents. new Japanese PTA movement, consisting of Therefore, this being the last session over which 15,500,000 members comprising approximately he would preside, he wished to take this opportunity 31,000 units, is the most important single force in to express his appreciation to all the members for the democratization of Japanese adults. the real courtesy they had extended to him as pre Mrs. Yamamoto expressed great appreciation siding officer, and for the help given him while in for the warm welcome accorded them in Hawaii and the Chair during the absence of the President and expressed the hope that they would be able to study the four Vice—Presidents. the PTA organizations here and on the Mainland. At 12:22 o’clock p.m., upon motion by Delegate The visitors thereupon left the rostrum and the Con Nielsen, seconded by Delegate Bryan, and carried, vention proceeded with the regular order of business the Convention adjourned until 11:30 o’clock a.m., before it. on Monday, May 8, 1950. A communication from the Governor of Wisconsin, informing the Convention that a flag of that state had been ordered from the manufacturer and would be TWENTY-THIRD DAY • Monday, May 8, 1950 forwarded immediately upon its arrival, was read by the Clerk (see Sec. B, Misc. Corn. No. 75). The The Convention convened at 11:37 o’clock a.m., communication was received and referred to the with acting Vice-President Porteus in the Chair. assistant Seer etary for acknowledgment. The opening prayer was offered by Chaplain Judd, after which the roll was called, showing all delegates A communication from the Hawaii Residents’ present, with the exception of Delegates Apoliona, Association (Imua), forwarding copy of a resolution Crossley, Fong, Gilliland, Kam, Kauhane, King, Lee, adopted at an anti-communist community rally held Mau, Noda, Charles A. Rice, Sakakihara, Silva, Ta on April 27, 1950, stressing the importance of a vares and Woolaway, excused. The journal of the community-wide program of education against com twenty-second day was approved. munism, was read by the Clerk (see Sec. B, Misc. At this juncture, the acting Vice—President wel Corn. No. 76). The communication was received and comed back to the Convention Delegates Heen, placed on file. Anthony and White, who had just returned from Delegates Smith and Wirtz introduced Proposal Washington as members of the convention delegation No. 100, “Relating to the Distribution of Governmen where they had appeared before the Senate Commit tal Powers.” The proposal passed first reading by tee on Interior and Insular Affairs, in the interests title, was ordered printed and referred to the Com of statehood for Hawaii5 and asked them to say a few mittee on Miscellaneous Matters, with the request words to the Convention. that this committee consult with the other appropriate Delegates Heen, Anthony and White each expressed committees in regard to the disposition of the sub the belief that the Hawaii delegation had made a ject matter of this proposal. 50 CONVENTION JOURNAL Delegate Roberts offered a resolution providing Delegates Larsen. and Wist introduced Proposal that Rule No. 56 of the Rules of the Convention be No. 102, “Relating to the Legislature.” The pro amended to prohibit the introduction of proposals posal passed first reading by title, was ordered alter May 15, 1950, except on the report or recom printed, and referred to the Committee on Legisla mendation of a standing committee, or by unanimous tive Powers and Functions. consent of the Convention (see Sec. B, Res. No. 34). Delegate Ashford introduced Proposal No. 103, Delegate Roberts moved that action on the resolution “Relating to Agriculture, Conservation and Land.” be deferred until Wednesday, May 10th. Seconded The proposal passed first reading by title, was or by Delegate Phillips, and carried. dered printed, and referred to the Committee on Agriculture, Conservation and Land. Consideration, on special order, of Standing Com Delegate .Akau introduced Proposal No. 104, “Re mittee Report No. 12, recommending that the Conven lating to the Reconvening of Constitutional Conven tion pay the cost of transportation for five members tions for the Purposes of Amending and Reviewing of the Committee on the Hawaiian Homes Commis the State Constitution.” The proposal passed first sion Act, and of one clerk, to hold public hearings reading by title, was ordered printed, and referred in different parts of the territory, in accordance to the Committee on Revision, Amendment, Initiative, with the itinerary set forth therein, action on which Referendum and Recall. was deferred on May 4th: Delegate Akau introduced Proposal No. 105, “Re Acting Vice-President Porteus declared a recess lating to Suggested Amendments to ‘A Proposal at 12:02 o’clock p.m., subject to the call of the Chair, Relating to Bill of Rights.” The proposal passed in order that the delegates might meet informally to first reading by title, was ordered printed, and re discuss the subject matter of this report. ferred to the Committee on Bill of Rights~ At 12:52 o’clock p.m., the Convention reconvened. Delegate Nielsen introduced Proposal No. 106, Delegate Castro renewed the motion he had made “Relating to Bill of Rights.” The proposal passed on May 4th for the adoption of the report, which was first reading by title, was ordered printed, and seconded by Delegate Yamamoto, and upon being put referred to the Committee on Bill of Rights. by the Chair, was carried. Delegates Nielsen and Kawahara introduced Pro At 12:55 o’clock p.m., upon motion by Delegate posal No. 107, “Relating to Water.” The proposal Nielsen, seconded by Delegate Castro, and carried, passed first reading by title, was ordered printed, the Convention adjourned until 11:30 o’clock a.m., and referred to the Committee on Agriculture, Con on Tuesday, May 9, 1950. servation and Land. At this juncture, Secretary Porteus informed the Convention that the state flags of Florida, Michigan TWENTY-FOURTH DAY • Tuesday, May 9, 1950 and a second flag from California had been received; and stated that it so happened that the three children The Convention convened at 11:33 o’clock a.m., of Delegate Bryan had been born one in each of these with Vice-President Charles A. Rice presiding. three states—Kathleen in California, Vincent in The divine blessing was invoked by Chaplain Judd, Florida and Michael in Michigan—and asked that the alter which the roll was called, showing all delegates Chair appoint these three natives of those states as present with the exception of Delegates Crossley, an escort of honor to present the flags. The Chair Fong, Kam, Kauhane, King, Lee, Mau, Noda, Phillips, having so named this escort of honor, they mounted Sakakihara, Silva, Tavares and Woolaway, excused. the platform, each bearing the flag of their respec The journal of the twenty-third day was approved. tive native state, whereupon Kathleen presented the At this time, Secretary Porteus, who had served flag of the State of California to the Vice-President as presiding officer during the absence of all four on behalf of that state; Vincent presented the flag of Vice-Presidents who were attending hearings before Florida, and Michael presented the flag of his home the Senate Committee on Interior and Insular Affairs state—Michigan. The Vice-President thanked the in Washington, D. C., on behalf of the delegates, children for officiating at this ceremony and they welcomed Vice-President Charles A. Rice back to retired from the rostrum. the Convention. At 11:50 o’clock a.m., upon motion by Delegate Delegate Harold W. Rice, of Maui, informed the Nielsen, seconded by Delegate Kanemaru, and delegates that Delegate Wirtz, also of Maui, was to carried, the Convention adjourned until 11:30 o’clock day celebrating his fortieth birthday, whereupon he a.m., on Wednesday, May 10, 1950. was felicitated on this occasion by his colleagues. Delegates Wist and Larsen introduced Proposal No. 101, “Relating to Intergovernmental Relations.” TWENTY-FIFTH DAY • Wednesday, May 10, 1950 The proposal passed first reading by title, was or dered printed, and referred to the Committee on The Convention convened at 11:33 o’clock a.m., Miscellaneous Matters. with President King presiding, alter a thirteen-day TWENTY-SIXTH DAY • Thursday, May 11, 1950 51 absence from the territory, during which he ap printed, and referred to the Committee on Revision, peared before the Senate Committee on Interior and Amendment, Initiative, Referendum and Recall. Insular Affairs in Washington, D. C., as a member of the statehood delegation in the interests of state Consideration, on special order, of Resolution hood for Hawaii. No. 34, amending Rule 56 of the rules of the Conven The opening prayer was offered by Chaplain Judd, tion, relating to the introduction of proposals, after which the roll was called, showing all delegates action on which was deferred on May 8th: Delegate present, with the exception of Delegates Crossley, Roberts moved for the adoption of the resolution. Fong, Gilliland, Kam, Kauhane, Lee, Mau, Noda, Seconded by Delegate Larsen. Delegate Luiz moved Phillips, Sakakihara, Silva and Woolaway, excused. that the resolution be amended by changing the date The journal of the twenty-fourth day was approved. from May 15th to May 23rd. Seconded by Delegate Communications from the Lanai Civil Air Patrol, Anthony. Delegate Harold W. Rice moved that the Lanai Koele Flying Club, Lanai Young Buddhist resolution be referred to the Committee on Rules Association, Lanai Republican Precinct Club and and Order of Business. Seconded by Delegate Lanai City Lions Club, all petitioning the Conven Anthony, and carried. tion to take the necessary steps to provide separate At this time, President King briefly reported, county status for the Island of Lanai and for its orally, on the hearings before the Senate Committee proportional representation in the legislature of the on Interior and Insular Affairs on H.R. 49, stating State of Hawaii, were read by the Clerk(see Sec. that it was the feeling of those who had attended B, Petition Nos. 14, 15, 16, 17 and 18). The peti these hearings that the sending of a larger group tions were received and referred to the Committee than was at first contemplated was justified. He on Local Government. stated that the hearings had been exhaustive, extend A communication from the Governor of Califor ing from Monday forenoon, May 1st, through the fore nia, thanking the President of the Convention for noon and afternoons of Tuesday and Wednesday, his wire relative to the Governor’s efforts in be through the forenoon, afternoon and up until 7:30 half of statehood for Hawaii, was read by the Clerk o’clock Thursday evening, with Friday morning be (see Sec. B, Misc. Com. No. 77). The communica ing employed in summing up the amendments draft tion was received and placed on file. ed for the Hawaii Statehood Commission by the Delegates Lyman, Hayes, Ihara and Yamauchi Attorney General and others who had assistec~ in that introduced Proposal No. 108, “Relating to Agricul work. ture, Natural Resources and Conservation.” The President King informed the Convention that proposal passed first reading by title, was ordered those who had attended the hearings felt that a great printed, and referred to the Committee on Agricul deal had been accomplished toward improving the türe, Conservation and Land. chances of H.R. 49 being reported out of committee and perhaps being passed by the Senate; and that all Delegates Lyman, Hayes and Ihara introduced of those who had attended the hearings had come back Proposal No. 109, “Relating to Executive Powers very much encouraged as to the possibility of the and Functions.” The proposal passed first reading bill being reported out in the next two or three weeks. by title, was ordered printed, and referred to the At 12:03 o’clock p.m., at the suggestion of the Committee on Executive Powers and Functions. President, the Convention stood in recess, subject Delegates Ser izawa, Ihara, Kawahara, Yamamoto to the call of the Chair, in order that there might be and James K. Trask introduced Proposal No. 110, an informal discussion in the caucus room of this “Relating to Education.” The proposal passed subject matter, where it would be possible for the first reading by title, was ordered printed, and delegates to ask questions and have them answered referred to the Committee on Education. by those who had attended the hearings. Delegates Apoliona, Harold W. Rice, Corbett, At 12:55 o’clock p.m., the Convention reconvened; Doi, Sakai, Arashiro, St. Sure, Serizawa, Hoiroyde, and, following announcements of committee meetings, Richards and Kometani introduced Proposal No. the Convention adjourned, at 12:59 o’clock p.m., upon 111, “Relating to Counties.” The proposal passed motion by Delegate James K. Trask, seconded by first reading by title, was ordered printed, and Delegate Dowson, and carried, until 11:30 o’clock referred to the Committee on Local Government. a.m., on Thursday, May 11th, 1950. Delegates Ohrt and Hoiroyde introduced Pro posal No. 112, “Relating to Legislative Sessions.” The proposal passed first reading by title, was TWENTY-SIXTH DAY • Thursday, May 11, 1950 ordered printed, and referred to the Committee on Legislative Powers and Functions. The Convention convened at 11:33 o’clock a.m., Delegate Akau introduced Proposal No. 113, with President King in the Chair. “Relating to Initiative and Referendum.” The The divine blessing was invoked by Chaplain Judd, proposal passed first reading by title, was ordered after which the roll was called, showing all delegates 52 CONVENTION JOURNAL present, with the exception of Delegates Crossley, dered printed, and referred to the Committee on Fong, Kam, Kauhane, Kawahara, Kido, Lee, Mau, Education. Noda, Phillips, Salcakihara, Silva, Arthur K. Trask At this time, the President suggested that begin and Woolaway, excused. The journal of the twenty- ning next week it might be advisable to hold sessions fifth day was approved. on Saturdays in order to expedite the work of the A communication from the president of We, The Convention. Women of Hawaii, transmitting a certified copy of Delegate Charles A. Rice moved that the Presi a resolution adopted by that organization a.ffirming dent meet with the chairmen of all the standing com its belief in the basic principles of the Hawaiian mittees in order to work out a schedule of committee Homes Commission Act and asking that it be incor meetings and committee reports. The motion was porated in the constitution for the State of Hawaii, seconded by Delegate St. Sure, and carried. was read by the Clerk (see Sec. B, Misc. Corn. No. At 11:48 o’clock a.m., upon motion by Delegate 78). The communication was received and referred Dowson, seconded by Delegate Kanemaru, and car to the Hawaiian Homes Commission Act Committee. ried, the Convention adjourned until 11:30 o’clock Delegate Wirtz, for the Committee on Rules and a.m., on Friday, May 12, 1950. Order of Business, presented a report recommend ing that Resolution No. 34 be adopted in the amended form set forth in the report (see Sec. B, Standing Corn. Rpt. No. 14). Upon motion by Delegate Wirtz, TWENTY-SEVENTH DAY • Friday, May 12, 1950 seconded by Delegate Doi, and carried, the report of the committee was adopted; and Resolution No. The Convention convened at 11:35 o’clock a.rn., 34 was adopted in the amended form. with Vice President Woolaway presiding, in the Delegates Lyman, Ihara, Doi, Kawahara, Yama absence of President King who was unable to be uchi and Hayes introduced Proposal No. 114, “Re present due to illness. lating to the Economic Development of Hawaii.” After prayer by Chaplain Judd, the roll was The proposal passed first reading by title, was or called, showing all delegates present with the ex dered printed, and referred to the Committee on ception of Delegates Anthony, Apoliona, Crossley, Agriculture, Conservation and Land. Fong, Gilliland, Hayes, Kam, Kauhane, Kawahara, Delegate Hoiroyde introduced Proposal No. 115, Kido, King, Lyman, Mau, Mizuha, Sakakihara and “Relating to Counties.” The proposal passed first Arthur K. Trask, excused. The journal of the reading by title, was ordered printed, and referred twenty-sixth day was approved. to the Committee on Local Government. Delegate Ohrt introduced Proposal No. 121, Delegates Mizuha, Ihara, Kawahara, Luiz, Doi, “Relating to Water Rights.” The proposal passed Fukushima, A. K. Trask, Yamauchi, Yamamoto, first reading by title, was ordered printed, and Arashiro, Cockett, Gilliland, Akau, Kawakami, referred to the Committee on Agriculture, Conser Nielsen, James K. Trask, Serizawa, Kage, Kanemaru, vation and Land. Lai, Lyman, Hayes, Dowson, Kometani, Sakai, Okino and Apoliona introduced Proposal No. 116, “Relat Delegates Smith, Nielsen, Charles A. Rice, Bryan ing to Lands.” The proposal passed first reading and Noda introduced Proposal No. 122, “Relating by title, was ordered printed, and referred to the to Health, Safety and General Welfare.” The pro Committee on Agriculture, Conservation and Land. posal passed first reading by title, was ordered Delegates Wist, Kellermanand Luiz introduced printed, and referred to the Committee on Health Proposal No. 117, “Relating to Education.” The and Public Welfare. proposal passed first reading by title, was ordered Delegates Wirtz, Roberts, Larsen, Castro, Akau, printed, and referred to the Committee on Educa Phillips, Ihara,Doi, Luiz, Arashiro, Harold W. Rice, tion. Hoiroyde and Bryan offered a resolution, providing Delegates Kellerman, Luiz and Wist introduced that each standing committee, except the Committee Proposal No. 118, “Relating to Education.” The on Style, shall submit to the Convention their res proposal passed first reading by title, was ordered pective reports in writing not later than May 26, printed, and referred to the Committee on Education. 1950, on the subject matters referred to them (see Delegate Roberts introduced Proposal No. 119, Sec. B, Res. No. 35). Upon motion by Delegate “Relating to Constitutional Amendment.” The pro Holroyde, seconded by Delegate Roberts, and car posal passed first reading by title, was ordered ried, the resolution was referred to the Committee printed, and referred to the Committee on Revision, on Rules and Order of Business. Amendment, Initiative, Referendum and Recall. At 11:42 o’clock a.m., upon motion by Delegate Delegates Kellerman, Wist, Hayes and Lai intro Noda, seconded by Delegate Smith, and carried, the ducea Proposal No. 120, “Relating to Education.” Convention adjourned until 11:30 o’clock a.m., on The proposal passed first reading by title, was or- Monday, May 15, 1950. TWENTY-NINTH DAY • Tuesday, May 16, 1950 53 TWENTY-EIGHTH DAY • Monday, May 15, 1950 Delegates Kawahara, Yamamoto, Luiz and St. Sure introduced Proposal No. 124, “Relating to the The Convention convened at 11:39 o’clock a.m., Circuit Courts.” The proposal passed first reading with Vice-President Charles A. Rice presiding at by title, was ordered printed, and referred to the the request of the President. Committee on Judiciary. The divine blessing was invoked by Chaplain Judd, Delegate Apoliona introduced Proposal No. 125, after which the roll was called, showing all delegates “Relating to the Boundaries of the State of Hawaii.” present, with the exception of Delegates Fong, Kau The proposal passed first reading by title, was or hane, Luiz, Mau, Mizuha, Sakakihara and White, dered printed, and referred to the Committee on excused. The journal of the twenty-seventh day Miscellaneous Matters. was approved. Delegates Smith, Serizawa, Kawahara, Lyman, A petition, in the form of a resolution, from the Castro and Kage introduced Proposal No. 126, “Re West Kauai Lions Club, petitioning the Convention lating to Public Health.” The proposal passed first to take the necessary steps to grant separate county reading by title, was ordered printed, and referred status to the Island of Lanai, and its proportional to the Committee on Health and Public Welfare. representation in the legislature of the State of Delegates Kawakami, Kage, Luiz and Doi intro Hawaii, was read by the Clerk ( see Sec. B, Petition duced Proposal No. 127, “Relating to Public Lands.” No. 19). The petition was received and referred to The proposal passed first reading by title, was or the Committee on Local Government. dered printed, and referred to the Committee on At 11:46 o’clock a.m., upon motion by Delegate Agriculture, Conservation and Land. Dowson, seconded by Delegate Noda, and carried, Delegates Larsen, Corbett, Keilerman and the Convention adjourned until 11:30 o’clock a.m., Tavares introduced Proposal No. 128, “Relating to on Tuesday, May 16, 1950. Legislative Council.” The proposal passed first reading by title, was ordered printed, and referred to the Committee on Legislative Powers and Func TWENTY-NINTH DAY • Tuesday, May 16, 1950 tions. Delegates Ashford, Gilliland, Kam, Kometani and The Convention convened at 11:33 o’clock a.m., James K. Trask introduced Proposal No. 129, “Re with Vice-President Woolaway in the Chair, at the lating to the Retirement System.” The proposal request of President King. passed first reading by title, was ordered printed, After prayer by Chaplain Judd, the roll was and referred to the Committee on Taxation and Fi called, showing all delegates present, with the ex nance. ception of Delegates Anthony, Fong, Kauhane, Mau, Delegates Kage, Smith, Kanemaru and Phillips Sakakihara and White, excused. The journal of the introduced Proposal No. 130, “Relating to Intergov twenty-eighth day was approved. ernmental Relations.” The proposal passed first Delegate Wirtz, for the Committee on Rules and reading by title, was ordered printed, and referred Order of Business, to which was referred Resolu to the Committee on Miscellaneous Matters. tion No. 35, relating to the date on which standing committees shall submit their reports to the Con Delegate Yamamoto introduced Proposal No. vention on matters referred to them, presented a 131, “Relating to Agricultural Education.” The report, recommending the adoption of the resolution proposal passed first reading by title, was ordered in an amended form (see Sec. B, Standing Com. Rpt. printed, and referred to the Committee on Education. No. 15). Delegate Wirtz moved for the adoption of Fifty-eight delegates offered a resolution extend the report, which motion was seconded by Delegate ing sympathy to the sons and daughters of the late Holroyde. Mrs. Esther Spring White, mother of Delegate Delegate Crossley suggested that the resolution Henry A. White (see Sec. B, Res. No. 36). Upon be amended by including the Committee on Submis motion by Delegate Silva, seconded by Delegate sion and Information as being excepted from the Arashiro, the resolution was unanimously adopted provisions of the resolution, which amendment was by a rising vote. accepted by the chairman of the Committee on Rules Delegates Kawakami and Luiz offered a resolu and Order of Business. The Chair thereupon put the tion, inviting the executive chairman of the Board motion to adopt the report of the committee as of Supervisors of the County of Maui, or such per amended, which was carried, thereby adopting Reso son as he may designate, to appear before the Con lution No. 35 as amended. vention to present additional information on the sub Delegates Larsen, Bryan and Corbett introduced ject of creating a separate county government for Proposal No. 123, “Relating to Civil Service.” the Island of Lanai (see Sec. B, Res. No. 37). Dele The proposal passed first reading by title, was or gate Silva moved that the resolution be referred to dered printed, and referred to the Committee on the Committee on Local Government. Seconded by Miscellaneous Matters. Delegate James K. Trask, and carried. 54 CONVENTION JOURNAL At this time, Secretary Porteus reported orally flag of that state, which she presented to the Conven on the meeting called by President King with the tion on behalf of the people of North Carolina. various committee chairmen, vice chairmen and There being no delegates whose native states other members of the Convention, at which time, were New Mexico, Washington and Delaware, the it had been agreed that the Convention would convene flags of those three states were presented to the each morning at 8:30 and remain in session until Convention by Secretary Porteus. 9:00 o’clock a.ni., and would then recess until 4:00 At 8:45 o’clock a.m., upon motion by Delegate o’clock in the afternoon, or that night, or it could Fukushima, seconded by Delegate Lee, and carried, adjourn at 9:00 o’clock in the morning and carry the Convention adjourned until 8:30 o’clock a.m., on over any unfinished business until the next day, Thursday, May 18, 1950. thus allowing committee meetings to be scheduled at certain specifically designated hours each day. Secretary Porteus thereupon moved that the regular hour at which the Convention is to convene each day THIRTY-FIRST DAY • Thursday, May 18, 1950 shall be 8:30 o’clock a.m. The motion was seconded by Delegate Holroyde, and carried. The Convention convened at 8:33 o’clock a.m., Secretary Porteus announced that the flags of with Vice President Sakakihara presiding at the the states of Delaware, Maryland, New Mexico, request of President King. North Carolina and Washington would be presented The divine blessing was invoked by Chaplain Judd, to the Convention at tomorrow’s session. after which the roll was called, showing all delegates At 12:00 o’clock noon, upon motion by Delegate present, with the exception of Delegates Fong, Kane Noda, seconded by Delegate Dowson, and carried, maru, Mau and Roberts, excused. The journal of the the Convention adjourned until 8:30 o’clock a.m., thirtieth day was approved. on Wednesday, May 17, 1950. A communication from James R. McDonough, secretary pro tern of the Joint Tax Study Committee, enclosing copies of two articles, namely, “Henry A. THIRTIETH DAY • Wednesday, May, 17, 1950 White’s Tax Proposal For Our Constitution” and “Real Property Tax and Home Exemption Provision,” The Convention convened at 8:34 o’clock a.m., and requesting that no debt limits be placed in the with Vice-President Charles A. Rice presiding, at Constitution, was read by the Clerk (see Sec. B, the request of President King. Misc. Com. No. 82). The communication and enclo After prayer by Chaplain Judd, the roll was called, sures were received and referred to the Committee showing all delegates present, with the exception of on Taxation and Finance. Delegates Crossley, Fong, Kauhane, Man, Roberts A communication from the chairman of the Hono and Serizawa, excused. The journal of the twenty- lulu Redevelopment Agency, approving the recommen ninth day was approved. dation of the Hawaii Housing Authority relative to the A communication from the assistant adjutant language for the constitutional provisions to cover general, Military Department, State of Georgia, public housing, slum clearance, community develop informing the Convention that they had no flag of ment and redevelopment, was read by the Clerk (see that state available for use in the Convention Hall, Sec. B, Misc. Corn. No. 83). The communication was read by the Clerk (see Sec. B, Misc. Corn. No. was received and referred to the Committee on 79). The communication was received and placed Health and Public Welfare. on file. Delegate Larsen, for the Committee on Health A communication from the Governor of Connec and Public Welfare, presented a report on Proposals ticut, informing the Convention that a flag of that Nos. 19, 60, 90, 99, 122 and 126, returning the said state was being forwarded, and wishing the Conven proposals for filing, and submitting a committee tion si~ccess, was read by the Clerk (see Sec. B, proposal for introduction (see Sec. B, Standing Corn. Misc. Com. No. 80). The communication was re Rpt. No. 16). The report was referred to the Com ceived and placed on file. mittee on Printing for printing. A communication from the executive secretary Delegate Larsen, for the Committee on Health to the Governor of Maryland, informing the Conven and Public Welfare, introduced Committee Proposal tion that a flag of that state was being sent, on loan, No. 1, “Relating to Health and General Welfare.” to the Convention, to be returned not later than The proposal passed first reading by title and was June 30, 1950, was read by the Clerk (see Sec. B, ordered printed. Misc. Corn. No. 81). The communication was re Delegates Castro and Wist introduced Proposal ceived and placed on file. No. 132, “Relating to the Preamble.” The proposal At this time, at the request of Secretary Porteus, passed first reading by title, was ordered printed, Delegate Kellerman, a native daughter of the State and referred to the Committee on Miscellaneous of North Carolina, mounted the rostrum bearing the Matters. THIRTY-SECOND DAY • Friday, May 19, 1950 55 Delegates Doi, Ihara, Okino, Fukushima and THIRTY-SECOND DAY • Friday, May 19, 1950 Serizawa introduced Proposal No. 133, “Relating to Legislative Sessions.” The proposal passed first The Convention convened at 8:40 o’clock a.m., reading by title, was ordered printed, and referred with President King presiding. to the Committee on Legislative Powers and Func After prayer by Chaplain Judd, the roll was tions. called, showing all delegates present, with the Delegates Richards and Holroyde introduced exception of Delegates Fong, Luiz, Mau, CharlesA. Proposal No. 134, “Relating to the Department of Rice, Roberts, Sakai, Smith and Woolaway, excused. Agriculture and Natural Resources.” The proposal The journal of the thirty-first day was approved. passed first reading by title, was ordered printed, A communication from the executive vice-presi and referred to the Committee on Agriculture, Con dent of the Chamber of Commerce of Honolulu, servation and Land. informing the Convention that the board of directors Delegate Shimamura introduced Proposal No. 135, of the said Chamber had gone on record as favoring “Relating to Existing Laws.” The proposal passed the inclusion of the Hawaiian Homes Commission first reading by title, was ordered printed, and re Act in the constitution for the State of Hawaii, was ferred to the Committee on Ordinances and Continui read by the Clerk (see Sec. B, Misc. Corn. No. 84). ty of Law. The communication was received and referred to Delegate Shirnamura introduced Proposal No. 136, the Committee on Hawaiian Homes Commission Act. “Relating to the. Effective Date of this Constitution.” A communication from the executive vice-presi The proposal passed first reading by title, was or dent of the Chamber of Commerce of Honolulu, dered printed, and referred to the Committee on informing the Convention that the board of directors Ordinances and Continuity of Law. of said Chamber had approved the report of its State Delegate Yamamoto introduced Proposal No. 137, Constitutional Convention Sub-committee on “Bill “Relating to the Apportionment of the Legislature.” of Rights and General Welfare,” and transmitting The proposal passed first reading by title, was or a copy thereof, was read by the Clerk (see Sec. B, dered printed, and referred to the Committee on Misc. Com. No. 85). The communication and report Legislative Powers and Functions. were received and referred to the Committee on Bill Delegate Nielsen introduced Proposal No. 138, of Rights. “Relating to Bill of Rights.” The proposal passed A communication from the Daughters and Sons of first reading by title, was ordered printed, and re Hawaiian Warriors, expressing concern at the pos ferred to the Committee on Bill of Rights. sibility of the exclusion of the Hawaiian Homes Com Delegate Nielsen introduced Proposal No. 138, mission Act from the constitution for the State of “Relating to Bill of Rights.” The proposal passed Hawaii, and urging that a public hearing be held on first reading by title, was ordered printed, and this subject, was read by the Clerk (see Sec. B, referred to the Committee on Bill of Rights. Misc. Corn. No. 86). The communication was re Delegate Nielson introduced Proposal No. 139, ceived and referred to the Committee on Hawaiian “Relating to Bill of Rights.” The proposal passed Homes Commission Act. first reading by title, was ordered printed, and re A petition, signed by 31 homesteaders, friends ferred to the Committee on Bill of Rights. and citizens of Molokai, protesting the exclusion of Delegate Silva introduced Proposal No. 140, “Re the Hawaiian Homes Commission Act from the lating to Public Finance and Taxation.” The propos constitution for the State of Hawaii, was read by the al passed first reading by title, was ordered printed, Clerk (see Sec. B, Petition No. 20). The petition and referred to the Committee on Taxation and was received, and referred to the Committee on Finance. Hawaiian Homes Commission Act. Delegate Silva introduced Proposal No. 141, “Re A communication from the chairman of the Board lating to Public Finance and Taxation.” The pro of Commissioners of Public Archives, suggesting posal passed first reading by title, was ordered that it might be appropriate to make some mention printed, and referred to the Committee on Taxation of the Archives of Hawaii in the Constitution, in and Finance. which event he would be glad to appear before any At this time, Secretary Porteus announced that committee in this regard, was read by the Clerk at tomorrow’s session the state flags of Alabama, (see Sec. B, Dept. Corn. No. 9). The communication Arkansas, Iowa, Nevada and New Jersey would be was received and referred to the Committee on presented to the Convention, and if any of the dele Miscellaneous Matters. gates wished to present any of them, to so inform Senator Silva, for the Committee on Printing, him. presented a report on the printing of Standing Com At 8:48 o’clock a.m., upon motion by Delegate mittee Report No. 16 and Committee Proposal No. Lee, seconded by Delegate Porteus, the Convention 1, relating to health and public welfare (see Sec. B, adjourned until 8:30 o’clock a.m., on Friday, May Standing Com. Rpt. No. 17). The report was re 19, 1950. ceived and placed on file. 56 CONVENTION JOURNAL Consideration of Standing Committee Report No. proposal passed first reading by title, was ordered 16 from the Committee on Health and Public Welfare, printed, and referred to the Committee on Legisla reporting on various proposals and submitting Com tive Powers and Functions. mittee Proposal No. 1: The President announced Delegates Lyman, Kawahara, Serizawa, Cross that Standing Committee Report No. 16 would be ley and White introduced Proposal No. 152, “Relat placed on the General Orders of the Day on Wednes ing to Public Utilities Commission.” The proposal day, May 24, 1950, for consideration and that Com passed first reading by title, was ordered printed, mittee Proposal No. 1 would be placed on the and referred to the Committee on Legislative Powers General Orders of the Day for second reading on and Functions. Wednesday, May 24, 1950. Delegates Lyman, Ashford, Dot, Dowson, Ihara, Delegate Anthony introduced Proposal No. 142, Nielsen, Kawahara, Bryan and Arthur K. Trask “Relating to Impeachment.” The proposal passed introduced Proposal No. 153, “Relating to Local first reading by title, was ordered printed, and re Government.” The proposal passed first reading ferred to the Committee on Legislative Powers and by title, was ordered printed, and referred to the Functions. Committee on Local Government. Delegates Roberts, Anthony, Wist and Larsen introduced Proposal No. 143, “Relating to the Ex Delegate Shimamura introduced Proposal No. ecutive Power.” The proposal passed first reading 154, “Relating to Property of the United States.” by title, was ordered printed, and referred to the The proposal passed first reading by title, was or Committee on Executive Powers and Functions. dered printed, and referred to the Committee on Delegates Roberts, Anthony, Larsen and Smith Ordinances and Continuity of Law. introduced Proposal No. 144, “Relating to the Legis Delegate Shimamura introduced Proposal No. lature.” The proposal passed first reading by title, 155, “Relating to Certain Ordinances.” The pro was ordered printed, and referred to the Committee posal passed first reading by title, was ordered on Legislative Powers and Functions. printed, and referred to the Committee on Ordinances Delegates Roberts, Wist and Smith introduced and Continuity of Law. Proposal No. 145, “Relating to Executive Clemency.” Delegate Shimamura introduced Proposal No. 156, The proposal passed first reading by title, was “Relating to an Ordinance on the Hawaiian Homes ordered printed, and referred to the Committee on Commission Act.” The proposal passed first read Executive Powers and Functions, ing by title, was ordered printed, and referred to the Delegates Roberts, Larsen and Wist introduced Committee on Ordinances and Continuity of Law and Proposal No. 146, “Providing for a Judicial Coun Committee on Hawaiian Homes Commission Act, cil.” The proposal passed first reading by title, Jointly. was ordered printed, and referred to the Committee Delegate Shimamura introduced Proposal No. 157, on Judiciary. “Relating to the Constitution of the United States.” Delegates Ihara, Doi and Kawahara introduced The proposal passed first reading by title, was or Proposal No. 147, “Relating to Political Activities dered printed, and referred to the Committee on of Public Employees.” The proposal passed first Ordinances and Continuity of Law. reading by title, was ordered printed, and referred Delegate Shimamura introduced Proposal No. 158, to the Committee on Legislative Powers and Func “Relating to the Disposition of Debts, Fines, Penal tions. ties, and Forfeitures.” The proposal passed first Delegate Kawahara introduced Proposal No. 148, reading by title, was ordered printed, and referred “Relating to Initiative and Referendum.” The to the Committee on Ordinances and Continuity of proposal passed first reading by title, was ordered Law. printed, and referred to the Committee on Revision, Delegates James K. Trask and Arthur K. Trask Amendments, Initiative, Referendum and Recall. introduced Proposal No. 159, “Relating to the Bill Delegates Kage and Yamamoto introduced Pro of Rights.” The proposal passed first reading by posal No. 149, “Relating to Education.” The pro title, was ordered printed, and referred to the Com posal passed first reading by title, was ordered mittee on Bill of Rights. printed, and referred to the Committee on Educa Delegates James K. Trask and Arthur K. Trask tion. introduced Proposal No. 160, “Relating to the Judi Delegates Kawahara, Doi, Nielsen, Ihara, Seri ciary.” The proposal passed first reading by title, zawa and Lutz introduced Proposal No. 150, “Re was ordered printed, and referred to the Committee lating to Corporations, Banks, Utilities.” The on Judiciary. proposal passed first reading by title, was ordered Delegates James K. Trask and Arthur K. Trask printed, and referred to the Committee on Legisla introduced Proposal No. 161, “Relating to the Bill tive Powers and Functions. of Rights.” The proposal passed first reading by Delegate Yamamoto introduced Proposal No. title, was ordered printed, and referred to the Com 151, “Relating to Legislative Apportionment.” The mittee on Bill of Rights. THIRTY-THIRD DAY • Saturday, May 20, 1950 57 Delegates James K. Trask and Arthur K. Trash The motion was seconded by Delegate Phillips, and introduced Proposal No. 162, “Relating to the Bill carried. of Rights.” The proposal passed first reading by Secretary Porteus, at this juncture, asked two title, was ordered printed, and referred to the Com delegates—one from the Fourth District and one mittee on Bill of Rights. from the Fifth District—to present the flag of Iowa; Delegates Phillips, Corbett and Serizawa intro and also asked a delegate from the Sixth District duced Proposal No. 163, “Relating to Education.” to present the flag of Alabama to the Convention. The proposal passed first reading by title, was or Delegates Loper, Arthur K. Trask and Kawakami dered printed, and referred to the Committee on thereupon mounted the rostrum for this purpose. Education. Delegates Loper and Arthur K. Trask presented the Delegates Phillips, Serizawa and Kometani intro flag of Iowa, the former having been born in that duced Proposal No. 164, “Relating to Education.” state, and the latter having received part of his The proposal passed first reading by title, was or education at Iowa State University. dered printed, and referred to the Committee on Delegate Kawakami, in presenting the flag of Education. Alabama, stated that he had a sentimental reason Delegates Ihara, Serizawa and Kometani intro for wishing to present the flag of that state, which duced Proposal No. 165, “Relating to Education.” was because that was where he was naturalized and The proposal passed first reading by title, was became an American citizen; but that there was ordered printed, and referred to the Committee on nothing that could exceed his feeling of aloha for Education. Hawaii—the future state of the Union. Delegate Phillips introduced Proposal No. 166, Delegate Porteus thereupon presented the flags “Relating to the Preamble.” The proposal passed of the states of Nevada, New Jersey and Arkansas, first reading by title, was ordered printed, and on behalf of the people of those states. referred to the Committee on Miscellaneous Matters. At 9:11 o’clock a.m., upon motion by Delegate Delegate Phillips introduced Proposal No. 167, Nielsen, seconded by Delegate Crossley, and car “Relating to Home Rule.” The proposal passed ried, the Convention adjourneti until 8:30 o’clock first reading by title, was ordered printed, and re a.m., on Saturday, May 20, 1950. ferred to the Committee on Local Government. Delegates Nielsen, Kawahara and Ihara introduced Proposal No. 168, “Relating to Residential Lands.” The proposal passed first reading by title, was or THIRTY-THIRD DAY • Saturday, May 20, 1950 dered printed, and referred to the Committee on Agriculture, Conservation and Land. The Convention convened at 8:26 o’clock a.m., Delegate Crossley introduced Proposal No. 169, with President King in the Chair. “Relating to the Executive.” The proposal passed The Chaplain invoked the divine blessing, after first reading by title, was ordered printed, and re which the roll was called, showing all delegates ferred to the Committee on Executive Powers and present with the exception of Delegates Apoliona, Functions. Arashiro, Cockett, Crossley, Kawakami, Mizuha, Delegate Crossley introduced Proposal No. 170, Okino, Phillips, Charles A. Rice, Harold W. Rice, “Relating to Constitutional Amendment.” The pro Richards, Roberts, Sakai, Sakakihara, SUva, Smith posal passed first reading by title, was ordered and Woolaway, excused. The journal of the thirty- printed, and referred to the Committee on Revision, second day was approved. Amendments, Initiative, Referendum and Recall. A communication from the president of the Terri Delegate Phillips introduced Proposal No. 171, torial Council of Hawaiian Civic Clubs, submitting “Relating to the Preamble.” The proposal passed a petition signed by 10,032 citizens and voters of first reading by title, was ordered printed, and re the Territory of Hawaii, petitioning the Convention ferred to the Committee on Miscellaneous Matters. to retain the Hawaiian Homes Commission Act in ~Delegate Phillips introduced Proposal No. 172, the constitution for the State of Hawaii, was read by “Relating to the Preamble.” The proposal passed the Clerk (see Sec. B, Petition No. 21). The peti first reading by title, was ordered printed, and tion and the accompanying letter were referred to referred to the Committee on Miscellaneous Mat the Committee on Hawaiian Homes Commission Act. ters. A petition from Edward Hong, on behalf of the Delegate Phillips introduced Proposal No. 173, International Longshoremen’s & Warehousemen’s “Relating to the Preamble.” The proposal passed Union, requesting permission to present for the first reading by title, was ordered printed and re consideration of the Convention, a draft of a consti ferred to the Committee on Miscellaneous Matters. tution prepared and approved by that organization, Delegate Porteus at this time moved that the was read by the Clerk (see Sec. B, Petition No. 22). time for the introduction of proposals be extended The petition was received and referred to the Com from May 19th to and including Saturday, May 20th. mittee on Rules and Order of Business. 58 CONVENTION JOURNAL A communication from John M. Klein, for the Delegate Shimamura introduced Proposal No. 181, Central Business Men’s Club of the Central Branch “Relating to the Vesting in the State of Hawaii of Y.M.C.A., extending a cordial invitation to the mem Property Belonging to the Territory of Hawaii.” bers of the Convention to be their guests in health The proposal passed first reading by title, was or ful and relaxing. recreational activities for the re dered printed, and referred to the Committee on mainder of the session, including the lady delegates Ordinances and Continuity of Law. if arrangements can be made for a similar program, Delegates Roberts, ihara, Doi, Mizuha, Smith, and wishing the Convention success, was read by the Nielsen, Serizawa, Yamamoto, Silva, Yamauchi, Clerk ( see Sec. B, Misc. Corn. No. 87). The Chair Kawahara, Phillips, Lyman, Kage and St. Sure stated that he would acknowledge the communication introduced Proposal No. 182, “Relating to Right of and thank the club for its invitation, and that a copy Persons to Organize.” The proposal passed first of the same would be furnished each delegate for reading by title, was ordered printed, and referred their information; and the communication would be to the Committee on Bill of Rights. placed on file. A communication from Tony Todaro, of Honolulu, Delegates Shimamura and St. Sure introduced asking that a provision be included in the constitution Proposal No. 183, “Relating to Existing Rights, Actions, and Process.” The proposal passed first for the State of Hawaii to form a basis for legisla reading by title, was ordered printed, and referred tive efforts to control Communism and other sedi to the Committee on Ordinances and Continuity of tious groups, was read by the Clerk (see Sec. B, Law. Misc. Corn. No. 88). The communication was re ceived and referred to the Committee on Suffrage Delegate Anthony introduced Proposal No. 184, and Elections. “Establishment of the Judiciary.” The proposal Delegates Dowson, Kage, Kawakami and Kanemaru passed first reading by title, was ordered printed, introduced Proposal No. 174, “Relating to Civil Ser and referred to the Committee on Judiciary. vice.” The proposal passed first reading by title, Delegate Anthony introduced Proposal No. 185, was ordered printed, and referred to the Committee “Relating to Judicial Council .“ The proposal on Miscellaneous Matters. passed first reading by title, was ordered printed, Delegates Doi, Ihara and Kawahara introduced and referred to the Committee on Judiciary. Proposal No. 175, “Relating to Legislative Powers Delegates Kauhane, Doi, Holroyde, Kam, St. and Functions.” The proposal passed first reading Sure, Corbett and Serizawa introduced Proposal No. by title, was ordered printed, and referred to the 186, “Relating to Counties.” The proposal passed Committee on Legislative Powers and Functions. first reading by title, was ordered printed, and Delegates St. Sure, Kage, Wirtz and Fukushima referred to the Committee on Local Government. introduced Proposal No. 176, “Relating to Power of Delegates Kauhane, Dot, Hoiroyde, Karn, St. Sure, Appointment to Fill Vacancies—Tenure of Appoint Corbett and Serizawa introduced Proposal No. 187, ees.” The proposal passed first reading by title, “Relating to Local Government.” The proposal was ordered printed, and referred to the Committee passed first reading by title, was ordered printed, on Executive Powers and Functions. and referred to the Committee on Local Government. Delegate Shimamura introduced Proposal No. 177, Delegates Kauhane, Doi, Holroyde, Karn, St. Sure, “Relating to Pending Civil and Criminal Actions.” Corbett and Serizawa introduced Proposal No. 188, The proposal passed first reading by title, was or “Relating to Counties.” The proposal passed first dered printed, and referred to the Committee on reading by title, was ordered printed, and referred Ordinances and Continuity of Law. to the Committee on Local Government. Delegate Shimarnura introduced Proposal No. 178, Delegates Kauhane and Noda introduced Proposal “Relating to Continuity of Officers.” The proposal No. 189, “Relating to Legislative Powers Vested passed first reading by title, was ordered printed, in Senate and House of Representatives.” The pro and referred to the Committee on Ordinances and posal passed first reading by title, was ordered Continuity of Law. printed, and referred to the Committee on Legisla Delegate Shimamura introduced Proposal No. 179, tive Powersand Functions. “Relating to the Continuance of Recognizances and Delegates Kauhane and Noda introduced Proposal Bonds.” The proposal passed first reading by title, No. 190, “Relating to Privilege of Members.” The was ordered printed, and referred to the Committee proposal passed first reading by title, was ordered on Ordinances and Continuity of Law. printed, and referred to the Committee on Legisla Delegate Shimamura introduced Proposal No. 180, tive Powers and Functions. “Relating to Civil Causes of Action Accrued and At 8:51 o’clock a.m., upon motion by Delegate Criminal Offenses Committed.” The proposal Kauhane, seconded by Delegate Noda, and carried, passed first reading by title, was ordered printed, the Convention stood in recess, subject to the call and referred to the Committee on Ordinances and of the Chair. Continuity of Law. At 9:06 o’clock a.m., the Convention reconvened. THIRTY-FIFTH DAY • Tuesday, May 23, 1950 59 The Chair announced at this time, that Delegates Secretary Porteus announced that the flags of Fong and Mau, the last of the delegates who had the states of New York, Oklahoma, Oregon, Pennsyl attended the statehood hearings in Washington, had vania, South Dakota, Virginia and West Virginia returned and were in attendance; and called attention would be presented tomorrow, and asked that those to the fact that these delegates had requested per interested in assisting in the presentation thereof mission to be excused from attendance at the Conven communicate with him. tion slightly longer than the other delegates, which At 8:40 o’clock a.rn., upon motion by Delegate permission had been given by the Chair. Nielsen, seconded by Delegate Crossley, the Conven Delegate James K. Trask introduced Proposal tion adjourned until 8:30 a.m., on Tuesday, May 23, No. 191, “Relating to Full Employment.” The pro 1950. posal passed first reading by title, was ordered printed, and referred to the Committee on Industry and Labor. THIRTY-FIFTH DAY • Tuesday, May 23, 1950 Delegates Kauhane and Noda introduced Proposal No. 192, “Relating to Weights and Measures.” The The Convention convened at 8:39 o’clock a.m., proposal passed first reading by title, was ordered with Vice-President Woolaway presiding, President printed, and referred to the Committee on Miscel King being temporarily excused. laneous Matters. The opening prayer was offered by Chaplain Judd, Delegates Kauhane, Noda and Hoiroyde introduced after which the roll was called, showing all delegates Proposal No. 193, “Relating to a State Flag.” The present, with the exception of Delegates Kanemaru, proposal passed first reading by title, was ordered Phillips, Roberts and Silva, excused; and President printed, and referred to the Committee on Miscel King and Delegate Ohrt, temporarily excused. The laneous Matters. journal of the thirty-fourth day was approved. Delegates Kauhane and Noda introduced Proposal A communication from the secretary of the Kona No. 194, “Relating to Equal Protection of Laws; Lions Club, Kealakekua, Hawaii, endorsing the Discrimination in Civil Rights Prohibited.” The resolution adopted by the Lanai City Lions Club, proposal passed first reading by title, was ordered petitioning the Convention to take the necessary printed, and referred to the Committee on Bill of steps to grant separate county status to the Island Rights. of Lanai, and its proportional representation in the Delegates Arthur K. Trask and Wist introduced legislature of the State of Hawaii, was read by the Proposal No. 195, “Relating to Bill of Rights.” Clerk (see Sec. B, Misc. Com. No. 90). The com The proposal passed first reading by title, was munication was received and referred to the Com ordered printed, and referred to the Committee on mittee on Local Government. Bill of Rights. A communication from the director of the Capi At 9:10 o’clock a.m., upon motion by Delegate tol Building, State of Colorado, informing the Con Nielsen, seconded by Delegate Noda, and carried, vention that a flag of that state was being forwarded the Convention adjourned until 8:30 o’clock a.m., for use in the Convention Hall, was read by the Clerk on Monday, May 22, 1950. (see Sec. B, Misc. Corn. No. 91). The communica tion was received and placed on file. A communication from the president of the Re publican Precinct Club, 13th Precinct, 5th District, THIRTY-FOURTH DAY • Monday, May 22, 1950 transmitting a resolution adopted by the said club, favoring the incorporation of the basic principles The Convention convened at 8:30 o’clock a.m., of the Hawaiian Homes Commission Act into the pursuant to adjournment, with President King Constitution for the State of Hawaii, was read by the presiding. Clerk (see Sec. B, Misc. Corn. No. 92). The com The divine blessing was invoked by Chaplain Judd, munication and resolution were receiyed and referred after which the roll was called, showing all delegates to the Committee on Hawaiian Homes Commission present, with the exception of Delegates Anthony, Act. Apoliona, Arashiro, Cockett, Kometani, Luiz, Mizuha, Delegate Richards, for the Committee on Agricul Phillips, Harold W. Rice, Roberts, Sakakihara, Seri ture, Conservation and Land, to which was referred zawa and Smith, excused. The journal of the thirty- Proposal No. 53, entitled: “Lands to be Included third day was approved. in the State of Hawaii,” presented a report, recom A communication from the family of the late Mrs. mending that the proposal be referred to the Com Esther Spring White, mother of Delegate Henry A. mittee on Miscellaneous Matters, since the substance White, expressing appreciation for the resolution thereof was the same as Proposal No. 125 referred of condolence adopted by the Convention, was read to that Committee (see Sec. B, Standing Corn. Rpt. by the Clerk (see Sec. B, Misc. Corn. No. 89). The No. 18). Upon motion by Delegate Richards, sec communication was received and placed on file. onded by Delegate Bryan, and carried, the report 60 CONVENTION JOURNAL of th.~ committee was adopted; and Proposal No. 53 Delegate Dowson then presented Mrs. Ethel Rishel was so thereupon referred to the Committee on from Philadelphia, Pennsylvania, who stated that Miscellaneous Matters. she was proud to be able to present the flag of her Delegate Wirtz, for the Committee on Rules and state to the Convention today. Order of Business, to which was referred Petition Delegate Dowson next presented Mr. A.D. Catter No. 22, from the ILWU, requesting permission to lin of Oregon, a classmate of Governor Douglas present a draft constitution for the consideration of McKay, of that state, and a cousin of former Gover the delegates, presented a report, recommending nor Joseph of Oregon, who stated that it was a great that the Secretary inform the said organization that pleasure for him to be able to present the flag of the right of submitting proposals resides in the dele the State of Oregon, where he was born, in Salem, gates only, and that the deadline for introducing pro in 1892, and where his aunt had served as secretary posals expired on May 20th; and further, that this to the governors of that state for a number of years. organization be informed that it was not the policy Delegate Hayes, in presenting the flag of the of the Convention to preclude from its consideration State of Oklahoma to the Convention, stated that she any material relating to the constitution for the was very happy to be able to make this presentation State of Hawaii; and if sufficient copies of the docu because that state had given her a daughter. ment were furnished, they would be distributed to Secretary Porteus next presented the flags of the the various committees of the Convention (see Sec. states of West Virginia and South Dakota on behalf B, Standing Corn. Rpt. No. 19). Upon motion by Dele of the peoples of those states. gate Wirtz, seconded by Delegate Harold W; Rice, At 9:07 o’clock a.m., upon motion by Delegate and carried, the report of the committee was adopted. Porteus, seconded by Delegate Sakakihara, the Con A report from the Committee on Taxation and vention adjourned until 8:30 o’clock a.m., on Wednes Finance, submitting, for introduction, a committee day, May 24, 1950. proposal on public finance and taxation which had received the tentative approval of the committee, was read by the Clerk (see Sec. B, Standing Corn. Rpt. No. 19A). The report was received and re THIRTY-SIXTH DAY • Wednesday, May 24, 1950 ferred back to the Committee on Taxation and Finance. The Convention convened at 8:33 o’clock a.m., Delegate White, for the Committee on Taxation with President King in the Chair. and Finance, introduced Committee Proposal No. 2, The divine blessing was invoked by Chaplain Judd, “Public Finance and Taxation.” The proposal after which the roll was called, showing all delegates passed first reading by title, was ordered printed, present, with the exception of Delegates Gilliland, and referred to the Committee on Taxation and Harold W. Rice and Arthur K. Trask, excused. The Finance. journal of the thirty-fifth day was approved. At this time, President King and Delegate Ohrt At 8:37 o’clock a.m., Delegate Kellerman moved came into the session. that the Convention stand in recess, subject to the Secretary Porteus announced that the flags of call of the Chair, in order that the delegates might the states of New York, Oklahoma, Oregon, Pennsyl listen to a talk on the atom bomb and its effect upon vania, South Dakota, Virginia and West Virginia the people, by Major Gerald M. McDonnell, Medical would be presented at this time. He thereupon asked Corps, U. S. Army, Medical Advisor to the Special that a delegate from the Fourth District present the Weapons Project. The motion was seconded by Dele flag of New York; a delegate from the Fourth Dis gate Wist, and carried; and the Convention so there trict present the flag of Oklahoma; one delegate from upon stood in recess, subject to the call of the Chair. the Fourth District and one from the Sixth District The Convention reconvened at 8:54 o’clock a.m. present the flag of Virginia; and that Delegate Dow- At this time, President King announced that the son, of the Fifth District, have his two guests pres official photograph of the Convention, in session, ent the flags of Pennsylvania and Oregon. Accord would be taken between the hours of 8:30 and 9:00 ingly these designated persons mounted the rostrum o’clock a.m., on Friday, May 26th. bearing the flags of the states which they were to A resolution was offered by all of the delegates, represent in these presentations. endorsing House Joint Resolution No. 238 of the Delegate Larsen proudly presented the flag of 81st Congress, providing the privilege of naturali the State of New York, that being where he first zation for all aliens lawfully admitted into the landed in America as an immigrant, and that being United States for permanent residence, and request- where, 23 years later, he had graduated from its ing favorable action thereon, as speedily as possible, finest medical school. by the United States Senate (see Sec. B, Res. No. 38). Delegates Kellerman and Crossley then presented Upon motion by Delegate Kawakami, seconded by the flag of the State of Virginia on behalf of the Delegate Serizawa, the resolution was unanimously people of that state. adopted. THIRTY-SIXTH DAY • Wednesay, May 24, 1950 61 Delegates Richards, Fukushima, Fong, Ohrt, Kam being present with the exception of Delegates Gilli and Mau offered aresolution, expressing gratitude land and Harold W. Rice, excused. to the states which have given or loaned their state Delegate Castro, for the Committee on Accounts, flags to the Convention for display in the Convention offered a resolution, requesting the Governor of Hall, and providing for the delivery of said flags to Hawaii to make available to the Convention the the officials of the National Military Cemetery on amount of $30,000 from the appropriation made for Punchbowl upon the adjournment of the Convention, the 1949-51 biennium under the “Governor’s Contin for such use as they may care to make thereof, all gent Fund,” it being understood that any unexpended as prescribed in the resolution (see Sec. B, Res. moneys therefrom will be returned to the fund upon No. 39). Upon motion by Delegate Tava.res, second the payment of all obligations of the Convention (see ed by Delegate Arashiro, and carried, the resolution Sec. B, Res. No. 40). Upon motion by Delegate Cas was referred to the Committee on Rules and Order tro, seconded by Delegate Kauhane, and carried, of Business for study and report. the resolution was adopted. Consideration of Standing Committee Report No. The President informed the delegates that a 16, from the Committee on Health and Public Wel balance sheet showing the total expenditures to date fare; and second reading of Committee Proposal and the estimated amount needed for the operations No. 1 introduced by said committee, “Relating to of the Convention until approximately June 23rd, Health and General Welfare:” Delegate Porteus had been placed on each delegate’s desk. moved that the Convention resolve itself into a Delegate Crossley moved that the President Committee of the Whole for the consideration of appoint a committee to wait upon the Governor in the standing committee report and committee pro this connection and to present this resolution to him; posal. The motion was seconded by Delegate Saka and that Delegate Castro, chairman of the Committee kihara, and carried. on Accounts, be appointed as a member of that com The President thereupon appointed Delegate mittee. The motion was seconded by Delegate Hayes, Hoiroyde as chairman of said Committee of the and carried. Whole; and at 9:09 o’clock a.m., the Convention At this time, Delegate Crossley moved that the resolved itself into a Committee of the Whole for Convention resolve itself into a Committee of the the consideration of said Standing Committee Report Whole for the further consideration of Standing and said committee proposal, relating to health and Committee Report No. 16 and Committee Proposal general welfare, with Delegate Holroyde as chairman. No. 1, relating to health and general welfare. Sec The committee rose at 12:09 o’clock p.m., and the onded by Delegate Silva, and carried, and at 4:23 Convention reconvened. o’clock p.m., the Convention resolved itself into a Delegate Hoiroyde, for the Committee of the Committee of the Whole, with Delegate Hoiroyde Whole, orally reported progress and asked leave to as chairman, for the consideration of said Standing sit again. Upon motion by Delegate Silva, seconded Committee Report No. 16 and said Committee Pro by Delegate Porteus, the oral report of the Commit posal No. 1. tee was adopted. Delegate Mizuha, for the Committee on Bill of At 6:01 o’clock p.m., the committee rose and the Rights, presented a report, covering its recommen Convention reconvened. dations on 22 sections to be written into the article Delegate Hoiroyde, for the Committee of the containing the Bill of Rights, based on the proposals Whole, having under consideration Standing Commit referred to the committee, and submitting for intro tee Report No. 16 and Committee Proposal No. 1, duction a committee proposal, relating to the Bill of relating to health and general welfare, orally re Rights~(see Sec. B, Standing Corn. Rpt. No. 20). The ported progress and asked leave to sit again. Upon report was referred to the Printing Committee for motion by Delegate Porteus, seconded by Delegate printing. Crossley, the oral report of the committee was Delegate Mizuha, for the Committee on Bill of adopted. Rights, introduced committee proposal No. 3, relat At this juncture, President King announced the ing to the Bill of Rights. The proposal passed first appointment of the committee to wait upon the Gov reading by title and was referred to the Printing ernor in connection with the provisions of Resolu Committee for printing. tion No. 40, and pursuant to the motion made ear At 12:20 o’clock p.m., upon motion by Delegate lier in the afternoon session, as follows: the Pre Crossley, seconded by Delegate Charles A. Rice, sident, the Secretary, the chairman of the Commit and carried, the Convention stood in recess until tee on Accounts (Delegate Castro), Delegates Heen, 4:15 o’clock this afternoon. Lee, Silva, Fong, Kauhane and Sakakihara. At 6:04 o’clock p.m., upon motion by Delegate AFTERNOON SESSION Crossley, seconded by Delegate Woolaway, the Con The Convention reconvened at 4:20 o’clock p.m., vention adjourned until 8:30 o’clock on Thursday, with the President in the Chair and all delegates May 25, 1950. 62 CONVENTION JOURNAL THIRTY-SEVENTH DAY • Thursday, May 25, 1950 Proposal No. 195, relating to the outlawing of the Communist Party, be referred to the Committee on The Convention convened at 8:31 o’clock a.m., Ordinances and Continuity of Law, or to a special with President King in the Chair. committee for consideration (see Sec. B, Standing After prayer by Chaplain Judd, the roll was called Corn. Rpt. No. 23). showing all delegates present, with the exception of Delegate Mizuha moved that the report of the com Delegates Lee, Mau, Roberts, Arthur K. Trask and mittee be adopted, and that Proposal No. 195 be White, excused. The journal of the thirty-sixth day referred to the Committee on Ordinances and Con was approved. tinuity of Law. Seconded by Delegate Hoiroyde, and At 8:34 o’clock a.m., upon motion by Delegate carried; and the said proposal was so thereupon Castro, seconded by Delegate Porteus, and carried, referred. the Convention stood in recess, subject to the call At this time, Delegate Tavares moved that the of the Chair, in order that the delegates might lis Convention resolve itself into a Committee of the ten to a short talk by Mr. Clifford Cooper, president Whole for the further consideration of Committee of the United States Junior Chamber of Commerce, Proposal No. 1, relating to health and general wel who is presently in Hawaii after completing a world fare. Seconded by Delegate Cockett, and carried; tour on behalf of the United States Junior Chamber and at 8:54 o’clock a.m., the Convention resolved of Commerce. itself into a Committee of the Whole for this pur At 8:43 o’clock a.m., the Convention reconvened pose, with Delegate Hoiroyde as chairman. and proceeded with the regular order of business At 9:20 o’clock a.m., the committee rose and the before it. Convention reconvened. Delegate Silva, for the Committee on Printing, Delegate Hoiroyde, for the Committee of the presented a report, reporting on the printing of Whole, reported orally, requesting permission to Standing Committee Report No. 20 and Committee file a written report on Committee Proposal No. 1, Proposal No. 3, relating to the Bill of Rights (see relating to health and general welfare, tomorrow. Sec. B, Standing Corn. Rpt. No. 21). The report was Upon motion by Delegate Bryan, seconded by Dele received and placed on file. gate Porteus, and carried, the oral report of the committee was adopted. Consideration of Standing Committee Report No. At 9:26 o’clock a.m., upon motion by Delegate 20 from the Committee on Bill of Rights, covering Crossley, seconded by Delegate Noda, and carried, its recommendations on 22 sections to be written the Convention adjourned until Friday, May 26, 1950. into the article of the constitution containing the Bill of Rights, based on proposals referred to said committee, and submitting for introduction a com mittee proposal on the subject matter thereof: The THIRTY-EIGHTH DAY • Friday, May 26, 1950 President announced that the report would be placed on the General Orders of the Day on Wednesday, The Convention convened at 8:36 o’clock a.m., May 31, 1950, for consideration. with President King presiding. Chaplain Judd invoked the divine blessing, after Consideration of Committee Proposal No. 3, which the roll was called showing all delegates pre “Relating to the Bill of Rights”: The President sent, with the exception of Delegates Gilliland, Kane announced that the proposal would be placed on the rnaru, Kometani and Serizawa, excused. The jour General Orders of the Day for second reading on nal of the thirty-seventh day was approved. Wednesday, May 31, 1950. The Chair announced at this time that mimeo Delegate Crossley, for the Committee on Sub graphed copies of “Committee Print A” of Fl. R. mission and INformation, presented a report return 49, containing the amendments which the Senate ing Resolutions Nos. 17 and 18 requesting the Dele committee is considering incorporating in this bill, gate to Congress from Hawaii to introduce legisla had been received from Washington and had been tion in the Congress of the United States to amend distributed to all of the delegates. He further Section 4 of Act 334 of the Session Laws of Hawaii announced that the Hawaii Statehood Commission of 1949, so as to eliminate such provisions and had received a radiogram this morning stating that provide the means for accomplishing this purpose, the Senate committee had met today and decided to recommending that the same be placed on file (see vote on H. R. 49 on Monday, June 12th. Sec. B, Standing Corn. Rpt. No. 22). Upon motion by The Chair further announced that although a num Delegate Crossley, seconded by Delegate Sakakihara, ber of the outside island delegates had requested the report of the committee was adopted, and Reso permission to return to their homes over the week lutions Nos. 17 and 18 were thereupon placed on end, and although Tuesday, May 30th, was a legal file. holiday, he felt that the Convention should meet both Delegate Mizuha, for the Committee on Bill of tomorrow and Monday; but that it would not meet on Rights, presented a report, recommending that Tuesday; and that he would excuse those delegates THIRTY-EIGHTH DAY • Friday, May 26, 1950 63 who found it necessary to be absent from sessions tee Proposal No. 5, “Relating to the Continuation of of the Convention on Saturday and Monday. the Land Laws.” The proposal passed first reading In this connection, Delegate Heen said that it by title, was ordered printed, and referred to the would seem to be in order, to expedite the work of Committee on Ordinances and Continuity of Law. the Convention, for all committees which would have Delegate Hayes, for the Committee on Hawaiian a quorum, to meet both on Sunday and on Tuesday. Homes Commission Act, presented a report, approv The Chair agreed with this, and stated that he felt ing in principle Proposal No. 51, entitled: “A Pro that all the committees should meet, where possible, posal Relating to Hawaiian Homes Commission Act,” throughout the week, regardless of whether or not and recommending that the proposal be referred to the Convention meets. the Committee on Ordinances and Continuity of Law At this time, President King informed the Conven for approval as to form (see Sec. B, Standing Corn. tion that the taking of the official photograph of the Rpt. No. 26). Delegate Hayes moved for the adoption Convention in session, scheduled for this morning, of the report. Seconded by Delegate Arthur K. Trask. would be deferred until next Thursday morning, Delegate Bryan stated that he did not feel that June 1st, at 9:00 o’clock, when it was hoped that all the report should be adopted at this time, but that it of the delegates would be present if possible. should be referred, with the committee proposal, to A communication from the president of the Re the Committee on Ordinances and Continuity of Law. publican Precinct Club, 13th Precinct, 4th District, There being no objection, the Chair thereupon refer transmitting a certified copy of a resolution adopted red the report of the committee and Proposal No. 51 by that club, favoring the incorporation of the basic to the Committee on Ordinances and Continuity of principles of the Hawaiian Homes Commission Act Law. into the constitution for the State of Hawaii, was Delegate Kauhane, for the Committee on Local read by the Clerk (see Sec. B, Misc. Corn. No. 94). Government, presented Part I of a two-part report The communication and resolution were received on various proposals, resolutions, petitions and and referred to the Committee on Hawaiian Homes other matters referred to that committee, accom Commission Act. panied by a letter of transmittal, requesting an ex Delegate Mizuha, for the Committee on Bill of tension of one week within which to file Part II of Rights, presented a report, covering the final draft its report (see Sec. B, Standing Corn. Rpt. No. 27). of its recommendations on two additional sections to Delegate Kauhane moved that the report be received be written into the article containing the Bill of and placed on file until the complete report is sub Rights, from proposals assigned to it, and submitting mitted at a later date. Seconded by Delegate Holroyde. for introduction a committee proposal covering the Delegate Sakakihara moved that the report be same (see Sec. B, Standing Corn. Rpt. No. 24). The recommitted to the Committee on Local Government. report was referred to the Committee on Printing Seconded by Delegate Charles A. Rice, and carried; for printing. and the report was thereupon recommitted to the Delegate Mizuha, for the Committee on Bill of Committee on Local Government. Rights, introduced Committee Proposal No. 4, “Bill At this time, Delegate Holroyde reported oraily of Rights.” The proposal passed first reading by that the written report of the Committee of the Whole title and was referred to the Printing Committee. on Standing Committee Report No. 16 and Committee At this time, Delegate Mizuha, for the Committee Proposal No. 1, relating to health and general wel on Bill of Rights, moved that the rules be suspended, fare, which was to have been submitted today, would and that Standing Committee Report No. 20 and Com not be ready for presentation to the Convention until mittee Proposal No. 3, relating to the Bill of Rights, tomorrow. which had been placed on the calendar for considera tion on Wednesday, May 31st, be placed on the calen Delegate Tavares thereupon moved that the chair dar for consideration on Thursday, June 1st. The man of the Committee of the Whole be granted until motion was seconded by Delegate Kawakami, and tomorrow to file the written report of the Committee carried. of the Whole on Standing Committee Report No. 16 Delegate Richards, for the Committee on Agricul and Committee Proposal No. 1, relating to health ture, Conservation and Land, submitted a report, and general welfare. Seconded by Delegate James submitting, for introduction, a committee proposal K. Trask, and carried. “Relating to the Continuation of the Land Laws,” At this juncture, Secretary Porteus advised the recommending that it be referred to the Committee Convention that several of the committee chairmen on Ordinances and Continuity of Law (see Sec. B, had informed him that it would be impossible to Standing Com. Rpt. No. 25). Upon motion by Dele meet today’s deadline for presenting their committee gate Richards, seconded by Delegate Bryan, the reports; and he thereupon moved that the deadline report of the committee was adopted. for submitting committee reports be extended from Delegate Richards, for the Committee on Agri today to next Friday, June 2nd. The motion was culture, Conservation and Land, introduced Commit- seconded by Delegate Sakakihara, and carried. 64 CONVENTION JOURNAL Delegate Crossley, for the Committee on Submis on the General Orders of the Day on Friday, June sion and Information, reported orally that this week 2nd, for consideration. radio broadcasts had begun on KULA, starting with last Sunday, and would continue each Sunday from Consideration of Committee Proposal No. 4, 5:15 to 5:30 p.m.; and on Wednesdays, Fridays and entitled: “Bill of Rights”: The President announced Saturdays, each week, from 6:00 p.m. to 6:15 p.m. that the proposal would be placed on the General over KGMB; and each Saturday from 6:30 p.m. to Orders of the Day for second reading on Friday, June 6:45 p.m., over KGU, these three stations being 2nd. those now being used to present the reports on the Delegate Mau, for the Committee on Industry and work of the Convention. Labor, presented a report, returning Proposal No. At 9:06 o’clock a.rn., upon motion by Delegate 37, entitled: “Relating to the Eight Hour Day on Crossley, seconded by Delegate Noda, and carried, Public Works,” Proposal No. 38 entitled: “Rela the Convention adjourned until 8:30 o’clock a.m., ting to Minimum Wage Laws for Women and Minors,” on Saturday, May 27, 1950. and Proposal No. 46 entitled: “Relating to Qualif i cations for Domestic Stockholders,” with the recom mendation that they be placed on file, for the reason THIRTY-NINTH DAY • Saturday, May 27, 1950 that the committee felt these were legislative mat ters and should not be included in the constitution The Convention convened at 8:36 o’clock a.m., (see Sec. B, Standing Corn. Rpt. No. 29). Upon mo with President King in the Chair. tion by Delegate Nielsen, seconded by Delegate Kawa Alter prayer by Chaplain Judd, the roll was hara, the report of the committee was adopted; and called showing all delegates present with the excep Proposals Nos. 37, 38 and 46 were thereupon placed tion of Delegates Arashiro, Castro, Crossley, Doi, on file. Kawakami, Kornetani, Lee, Loper, Luiz, Mizuha, At this time Delegate Holroyde, for the Commit Okino, Roberts, Serizawa, Arthur K. Trask and tee of the Whole, to which had been referred Standing White, excused. The journal of the thirty-eighth Committee Report No. 16 and Committee Proposal day was approved. No. 1, relating to health and general welfare, re Petitions from the Lanai Mutual Improvement ported orally, stating that the committee report was Association, Lanai Relief Society and Lanai Commu still in the process of preparation and therfore nity Association, all petitioning the Convention to moved that the committee be granted further time take the necessary steps to gain separate county in which to prepare the same. The motion was sec status for the Island of Lanai and its proportional onded by Delegate Woolaway, and carried. representation in the legislature of the State of At 8:47 o’clock a.m., upon motion by Delegate Hawaii, were read by the Clerk (see Sec. B, Peti Sakakihara, seconded by Delegate Woolaway, and tions No. 23, 24 and 25). The petitions were re carried, the Convention adjourned until 8:30 o’clock ceived and referred to the Committee on Local Gov a.m., on Monday, May 29, 1950. ernment. A communication from the secretary of the Wai alua Lions Club, endorsing the resolution adopted FORTIETH DAY • Monday, May 29, 1950 by the Lanai City Lions Club petitioning the Conven tion to take the necessary steps to gain separate The Convention convened at 8:42 o’clock a.m., county status for the Island of Lanai and its propor with Vice-President Woolaway presiding, in the ab tional representation in the legislature of the State sence of President King. of Hawaii, was read by the Clerk (see Sec. B, Misc. Chaplain Judd invoked the divine blessing, after Corn. No. 95). The communication was received which the roll was called showing all delegates pre and referred to the Committee on Local Government. sent, with the exception of Delegates Arashiro, Delegate Silva, for the Committee on Printing, Cockett, Doi, Kawahara, Kawakami, Kido, King, Luiz, presented a report on the printing of Standing Com Mizuha, Charles A. Rice, Harold W. Rice, Sakai, mittee Report No. 24 and Committee Proposal No. Serizawa, Silva and Yamamoto, excused. The jour 4, relating to the Bill of Rights (see Sec. B, Stand nal of the thirty-ninth day was approved. ing Corn. Rpt. No. 28). The report was received At 8:47 o’clock a.m., the Convention reconvened. and placed on file. Delegate Holroyde, for the Committee of the Whole, presented a report, Standing Committee Re Consideration of Standing Committee Report No. port No. 16 and Committee Proposal No. 1, relating 24, from the Committee on Bill of Rights, relating to health and general welfare, recommending that to the Bill of Rights and submitting a committee Standing Committee Report No. 16 be accepted and proposal covering two additional sections to be placed on file; that Committee Proposal No. 1 be written into the article on the Bill of Rights: The amended as set forth in the report of the Committee President announced that the report would be placed of the Whole; and that Committee Proposal No. 1, FORTY-FIRST DAY • Wednesday, May 1, 1950 65 as amended, pass second reading (see Sec. B, Corn. being present with the exception of Delegates Gull of Whole Rpt. No. 2). Upon motion by Delegate land, Luiz and Nielsen, excused. Holroyde, seconded by Delegate Porteus, and car At this time, Delegate Crossley, for the Commit ried, the report was ordered printed and action tee on Submission and Information, announced the thereon was deferred until Wednesday, May 31st. radio times and speakers for this week, as follows: At 9:17 o’clock a.rn., upon motion by Delegate Wednesday night, on KGMB, from 6:00 to 6:15, Dowson, seconded by Delegate Noda, and carried, Delegate Mizuha; Friday, KGMB, from 6:00 p.m. the Convention adjourned until Wednesday, May 31, to 6:15 p.m., Delegate Larsen; Saturday, KGMB, 1950, at 8:30 o’clock a.m., from 6:00 p.m. to 6:15 p.m., Delegate Shimamura; Saturday, KGU, from 6:30 p.m. to 6:45 p.m., Dele gate Nielsen. FORTY-FIRST DAY • Wednesday, May 31, 1950 Delegate Kometani, for the Committee on Suf frage and Elections, presented a report, returning The Convention convened at 8:38 o’clock a.m., Miscellaneous Communication No. 88 entitled: “A with President King presiding. Constitutional Proposal—State Constitution Can Curb After prayer by Chaplain Judd, the roll was call Reds by Defining Political Parties” —recommend ed showing all delegates present, with the exception ing that it be referred to the Committee on Ordi of Delegates Cockett and Kido, temporarily excused. nances and Continuity of Law (see Sec. B, Standing The journal of the fortieth day was approved. Corn. Rpt. No. 30). Upon motion by Delegate Por teus, seconded by Delegate Holroyde, the report of Consideration of Committee of the Whole Report the committee was adopted; and Miscellaneous No. 2 on Standing Committee Report No. 16 and Communication No. 88 was thereupon referred to Committee Proposal No. 1, relating to health and the Committee on Ordinances and Continuity of Law. general welfare, recommending the acceptance and Delegate Wirtz, for the Committee on Rules and filing of Standing Committee Report No. 16, the a Order of Business, presented a report recommend mendment of Committee Proposal No. 1, and the ing that Proposal No. 49, insofar as it refers to passage on second reading of Committee Proposal legislative proceedings, be referred to the Commit No. 1, as amended: Delegate Anthony suggested tee on Legislative Powers and Functions, and that that a short recess be declared, in order that the insofar as it refers to the record of this Convention, delegates might have an opportunity to familiarize it be placed on file (see Sec. B, Standing Corn. Rpt. themselves with the contents of the report. No. 31). Upon motion by Delegate Wirtz, seconded Accordingly, at 8:43 o’clock a.m., the Chair de by Delegate Harold W. Rice, and carried, the report clared a recess, subject to the call of the Chair. of the committee was adopted; and Proposal No. 49, The Convention reconvened at 9:02 o’clock a.m. insofar as it refers to legislative proceedings, was referred to the Committee on Legislative Powers Consideration of Committee of the Whole Report and Functions; and insofar as it refers to the record No. 2 on Standing Committee Report No. 16 and of the Convention, the proposal was placed on file. Committee Proposal No. 1, relating to health and Delegate Kometani, for the Committee on Suffrage general welfare, recommending the acceptance and Elections, presented a report, returning Pro and filing of Standing Committee Report No. 16, posal No. 70, “Establishing Bribery as Disqualif i the amendment of Committee Proposal No. 1, and cation for Office Holding,” with the recommenda the passage on second reading of Committee Propos tion that it be referred to the Committee on Legis al No. 1, as amended: Delegate Tavares moved that lative Powers and Functions (see Sec. B, Standing the report of the Committee of the Whole be adopted Corn. Rpt. No. 32). Upon motion by Delegate Silva, except insofar as concerns recommendation “(c) — seconded by Delegate Kometani, and carried, the That as so amended, said proposal pass second report of the committee was adopted; and Proposal reading.” The motion was seconded by Delegate No. 70 was thereupon referred to the Committee on Smith, and carried. Delegate Bryan then moved Legislative Powers and Functions. that Committee Proposal No. 1, as amended, pass At this time, the Chair announced that at the time second reading. Seconded by Delegate Holroyde. of the recess this morning there was pending before At this time, Delegate Phillips moved that the the Convention the adoption of the motion by Dele Convention stand in recess until 4:30 o’clock this gate Bryan, seconded by Delegate Hoiroyde, that afternoon. Seconded by Delegate Anthony, and car Committee Proposal No. 1, as amended, pass sec ried; and at 9:21 o’clock a.m., the Convention ond reading and being the recommendation of para stood in recess until 4:30 o’clock this afternoon. graph “(c)” of Committee of the Whole Report No. 2—” That as so amended, said proposal pass second AFTERNOON SESSION reading.” The Convention reconvened at 4:37 o’clock p.m., Delegate Phillips offered the following amend with the President in the Chair, and all delegates ment to Committee Proposal No. 1: 66 CONVENTION JOURNAL Amend Committee Proposal No. 1, “Relating the Convention adjourned until 8:30 o’clock a.m., to Health and General Welfare,” to read as follows: on Thursday, June 1, 1950. A PROPOSAL RELATING TO PUBLIC HEALTH AND WELFARE. FORTY-SECOND DAY • Thursday, June 1, 1950 RESOLVED, that the following be agreed upon The Convention convened at 8:35 o’clock a.m., as part of the State Constitution: with President King in the Chair. ARTICLE____ The divine blessing was invoked by Chaplain Judd, after which the roll was called showing all delegates Section. . Public Health and Welfare. present. The journal of the forty-first day was The legislature shall provide for the public approved. health and welfare of the state and shall have At this time, the Chair announced that the photo power to lay and collect taxes to accomplish grapher was present to take the official photograph these ends. of the Convention; and at 8:39 o’clock declared a recess, subject to the call of the Chair for the pur Delegate Phillips moved for the adoption of the amendment. Seconded by Delegate Akau. Delegate pose of officially photographing the delegates. Silva moved that the amendment be tabled. Second At 9:08 o’clock a.m., the Convention reconvened. ed by Delegate St. Sure, and carried. Delegate Saka A petition signed by approximately 1,000 citizens kihara moved that action on the committee report and voters of the Territory of Hawaii, submitted by be deferred. Seconded by Delegate Phillips. Dele the president of the Territorial Council of Hawaiian gate Tavares moved that the motion be tabled. Sec Civic Clubs in a letter of transmittal, petitioning onded by Delegate Silva, and carried. the Convention to include the basic principles of the The Chair announced that the motion before the Hawaiian Homes Commission Act in the constitution Convention was the adoption of the motion to pass for the State of Hawaii, was read by the Clerk (see Committee Proposal No. 1, as amended, on second Sec. B, Petition No. 26). The petition was received reading. A roll call being demanded, the motion to and referred to the Committee on Hawaiian Homes pass Committee Proposal No. 1, as amended, on Commission Act. second reading was put, and carried, thereby in Delegate Hayes, for the Committee on Hawaiian effect adopting paragraph “(c)” of the Committee Homes Commission Act, presented a report, report of the Whole Report No. 2, on the following showing ing on various proposals, resolutions, petitions and of Ayes and Noes: Ayes, 58. Noes, 2 (Ashford and miscellaneous communications referred to it, favor Phillips). Excused and not voting: 3 (Gilliland, Luiz ing the provisions of Proposal No. 52, “Relating to and Nielsen). the Hawaiian Homes Commission Act,” with certain The President thereupon, in accordance with the amendments; submitting a Committee Proposal rules of the Convention, referred Committee Propos (No. 6) on the same subject matter for introduction; al No. 1 as amended to the Committee on Style for recommending the filing of said Proposal No. 52 consideration and report as to phraseology only, and Proposal No. 156 and Resolutions Nos. 19 and within five convention days. 21; and recommending that Petitions Nos. 4, 8, 9, 10, 11, 12, 13, 20 and 21 and the Miscellaneous Delegates Akau, Arashiro, Ashfàrd, Bryan, Cas tro, Cockett, Crossley, Doi, Dowson, Fong, Heen, Communications referred to the said Committee be placed on file (see Sec. B, Standing Com. Rpt. No. Holroyde, Ihara, Kanemaru, Kauhane, Kawakami, Kellerman, Kido, King, Kometani, Larsen, Lee, Mau, 33). The report was referred to the Printing Com mittee for printing; the proposal passed first read Mizuha, Ohrt, Okino, Phillips, Porteus, Charles A. ing by title and was referred to the Printing Com Rice, Richards, Roberts, Sakal, Sakakihara, Seri zawa, Silva, Smith, Arthur K. Trask, James K. mittee for printing. Trask, White, Wirtz, Wist, Woolaway, Yamamoto Consideration of Standing Committee Report No. and Yamauchi, offered a resolution, expressing 20, from the Committee on Bill of Rights, covering appreciation to Honorable Ingram M. Stainback, its recommendations on 22 sections to be written Governor of Hawaii, for his consideration in making into the article containing the Bill of Rights, based available to the Convention sufficient additional funds, on proposals referred to it, and submitting for intro as requested by Convention Resolution No. 40, to duction a committee proposal, relating to the Bill enable the Convention to fulfill its obligations to of Rights: Upon motion by Delegate Mizuha, second the people of Hawaii in the drafting of their consti ed by Delegate Crossley, and carried, the report tution (see Sec. B, Res. No. 41). Upon motion by was referred to the Committee of the Whole for con Delegate Silva, seconded by Delegate Serizawa, and sideration. carried, the resolution was adopted. At 5:24 o’clock p.m., upon motion by Delegate - Consideration, on second reading, of Committee Crossley, seconded by Delegate Noda, and carried, Proposal No. 3, entitled: “Bill of Rights”: Upon FORTY-SECOND DAY • Thursday, June 1, 1950 67 motion by Delegate Mizuha, seconded by Delegate being no objection, the Chair granted the requested Crossley, and carried, the committee proposal was extension. referred to the Committee of the Whole. Delegate Mau, for the Committee on Industry and Delegate Mizuha then moved that the Convention Labor, reported orally, requesting an extension resolve itself into a Committee of the Whole for the until Friday, June 9th, in which to file the report of consideration of Standing Committee Report No. 20 that committee. There being no objection, the Chair and Committee Proposal No. 3, relating to the Bill granted the requested extension. Delegate Loper, of Rights. Seconded by Delegate Crossley, and for the Committee on Education, reported orally, carried. requesting an extension of time, until Tuesday, June The Chair thereupon appointed Delegate Silva as 6th, in which to file the report of that committee. chairman of the Committee of the Whole; and at There being no objection, the Chair granted the 9:10 o’clock a.m., the Convention resolved itself requested extension. into a Committee of the Whole for the purpose of considering said standing committee report and Delegate Fukushima, for the Committee on Revi said committee proposal, with Delegate Silva in the sion, Amendments, Initiative, Referendum and Re Chair. call, reported orally, requesting an extension of At 12:05 o’clock p.m., the Committee rose and the time, until Tuesday, June 6th, in which to file the Convention reconvened. report of that committee. There being no objection, Delegate Silva, for the Committee of the Whole, the requested extension was granted by the Chair. orally reported progress and asked leave to sit a- Delegate Yamauchi, for the Committee on Miscel gain on Monday, June 5th, at 9:00 o’clock a.m., for laneous Matters, reported orally, requesting an ex the further consideration of Standing Committee tension of time, until Friday, June 9th, in which to Report No. 20 and Committee Proposal No. 3, rela file the report of that committee. There being no ting to the Bill of Rights. Delegate Silva moved for objection, the Chair granted the requested extension. the adoption of the committee report. Seconded by Delegate Nielsen, and carried. Delegate Mizuha, for the Committee on Bill of At this juncture, Delegate Kauhane, for the Com Rights, reported orally, stating that his committee mittee on Local Government, reported orally, re had completed its work on the various proposals questing that this committee be granted an extension referred to it, with the exception of section 20 of of time until Monday, June 5th, in which to file its Proposal 97, relating to collective bargaining, which report on matters referred to it. There being no it requested it be permitted to withhold until such objection, the Chair granted the extension of time time as the Committee on Industry and Labor pre-, as requested. sents its report, at which time the Committee on The Chair announced that Delegate Ohrt had asked Bill of Rights will present a final report on that to be relieved of his membership on the Committee section. There being no objection, the Committee on Style; and that he had appointed Delegate Castro was permitted to file its final report on section 20 in his place. of Proposal No. 97 at the time the Committee on Delegate White, for the Committee on Taxation Industry and Labor files its report—on Friday, and Finance, reported orally, asking for an extension June 9th. of time until Friday, June 9th, in which to file the Delegate Shimamura, for the Committee on Ordi report of that committee. There being no objection, nances and Continuity of Law, reported orally, re the extension was granted as requested. questing that this committee be granted an extension Delegate Richards, for the Committee on Agricul of time until Thursday, June 6th, in which to file its ture, Conservation and Land, reported orally, asking report. There being no objection, the request was for an extension of time until Wednesday, June 7th, granted by the Chair. in which to file the report of that committee. There being no objection, the Chair granted the extension Delegate Mizuha, for the Committee on Bill of as requested. Rights, presented a report, reporting on its disposi tion of various proposals referred to it (see Sec. B, Delegate Okino, for the Committee on Executive Standing Corn. Rpt. No. 34). Upon motion by Dele Powers and Functions, reported orally, requesting gate Heen, seconded by Delegate Mizuha, and carried, an extension of time, until Tuesday, June 6th, in the report was ordered printed and distributed to which to file the report of that committee. There the members, and action thereon deferred until a being no objection, the Chair granted the requested later date. extension. Delegate Heen, for the Committee on Legislative At 12:16 o’clock p.m., upon motion by Delegate Powers and Functions, reported orally, requesting Sakakihara, seconded by Delegate Silva, and carried, an extension of time, until next Thursday, June 8th, the Convention adjourned until 8:30 o’clock a.rn., on in which to file the report of that committee. There Friday, June 2, 1950. 68 CONVENTION JOURNAL FORTY-THIRD DAY • Friday, June 2, 1950 Delegate Roberts then moved that Proposal No. 182, entitled: “Relating to Rights of Persons to The Convention convened at 8:41 o’clock a.m., Organize,” be placed on the Clerk’s desk, without with President King in the Chair. reading; and that it be referred to the Committee on After prayer by Chaplain Judd, the roll was called Industry and Labor. The motion was seconded by showing all delegates present, with the exception of Delegate Sakaidhara. Delegate Mizuha moved that Delegates Lutz, Nielsen, Phillips and White, excused; the motion be tabled. Seconded by Delegate Smith. and Delegates Crossley and Lee, temporarily A roll call being demanded in accordance with excused. The journal of the forty-second day was the rules of the Convention, the motion to table the approved. motion to place Proposal No. 182 on the Clerk’s Delegate Silva, for the Committee on Printing, desk and to refer it to the Committee on Industry presented a report on the printing of Standing Com and Labor was put, and lost, on the following show mittee Report No. 33 and Committee Proposal No. ing of Ayes and Noes: Ayes, 28 (Apoliona, Bryan, 6 (see Sec. B, Standing Corn. Rpt. No. 35). The re Castro, Cockett, Dowson, Gilliland, Heen, Hoiroyde, port was received and placed on file. Kage, Kawakami, Keller man, Kido, Kometani, Lai, Mizuha, Noda, Porteus, Charles A. Rice, Richards, Consideration of Standing Committee Report No. Sakai, Serizawa, Silva, Smith, St. Sure, Tavares, 33 from the Committee on Hawaiian Homes Commis Arthur K. Trask, Woolaway and Mr. President). sion Act, reporting on various proposals, resolutions, Noes, 29. Excused and not voting, 6 (Crossley, Lee, petitions and miscellaneous communications referred Lutz, Nielsen, Phillips and White). to it, favoring the provisions of Proposal No. 52, The Chair announced that the motion before the “Relating to the Hawaiian Homes Commission Act,” Convention was Delegate Roberts’ motion, duly with certain amendments; submitting a Committee seconded, to place Proposal No. 182 on the Clerk’s Proposal on the same subject matter for introduc desk and to refer it to the Committee on Industry and tion; and recommending the filing of said Proposal Labor. No. 52 and Proposal No. 156 and Resolutions Nos. 19 and 21; and recommending that Petitions Nos. 4, A roll call being demanded, in accordance with 8, 9, 10, 11, 12, 13, 20 and 21-and the Miscellaneous the rules of the Convention, the motion was put and Communications referred to the Committee be placed lost on the following showing of Ayes and Noes: on file: The President announced that Standing Com Ayes, 27 (Akau, Anthony, Arashiro, Corbett, Doi, mittee Report No. 33 would be placed on the General Fong, Fukushima, Hayes, Ihara, Kam, Kanemaru, Orders of the Day for consideration on Wednesday, Kawahara, Larsen, Loper, Lyman, Mau, Ohrt, Okino, June 7th. Harold W. Rice, Roberts, Salakihara, Shimamura, James K. Trask, Wirtz, Wist, Yamamoto and Yamau Consideration of Committee Proposal No. 6, chi). Noes, 30. Excused and not voting, 6 (Crossley, entitled: “A Proposal Relating to Hawaiian Homes Lee, Lutz, Nielsen, Phillips and White). Commission Act”: The President announced that Delegate Yamauchi, for the Committee on Miscel the committee proposal would be placed on the laneous Matters, presented a report, recommending General Orders of the Day for second reading on that Miscellaneous Communication No. 26, relating Wednesday, June 7th. to the outlawing of the Communist Party or any par ty dedicated to the overthrow of our government by Consideration, on Special Orders of the Day, of force and violence, be referred to the Committee on Standing Committee Report No. 34, from the Commit Ordinances and Continuity of Law, to which Proposal tee on Bill of Rights, reporting on the disposition of No. 195 similar in substance was referred (see Sec. various proposals referred to it, action on which was B, Standing Corn. Rpt. No. 36). Upon motion by Dele deferred yesterday: Delegate Mizuha moved for the gate Yamauchi, seconded by Delegate Ihara, and adoption of the committee report. Seconded by Dele carried, the report of the committee was adopted; gate Harold W. Rice. and Miscellaneous Communication No. 26 was there Delegate Roberts stated that the report of.the upon referred to the Committee on Ordinances and committee placed on file, without any action, Pro Continuity of Law. posal No. 18~ dealing with the right to organize and bargain collectively, which might preclude further Consideration, on General Orders of the Day, of action on this proposal; and he thereupon moved Standing Committee Report No. 24, from the Commit that the portion of the report covering Proposal No. tee on Bill of Rights, making its final recommenda 182 be stricken therefrom. Seconded by Delegate tions on two additional sections to be written into the Mau. The motion was thereupon put by the Chair, article containing the Bill of Rights, and submitting and lost. for introduction a committee proposal relating to The Chair then put the motion made by Delegate “Bill of Rights”: Delegate Mizuha moved that con Mizuha, duly seconded, to adopt the report of the sideration of the report be deferred until Monday, committee, which was carried. June 5th. Seconded by Delegate Silva, and carried. FORTY-FOURTH DAY • Saturday, June 3, 1950 69 Consideration, on second reading, of Committee Delegate Silva, for the Committee on Printing, Proposal No. 4, entitled: “Bill of Rights”: Dele presented a report, reporting on the printing of gate Mizuha moved that consideration of Committee Standing Committee Report No. 37 from the Commit Proposal No. 4 be deferred until Monday, June 5th. tee on Judiciary and Committee Proposal No. 7 Seconded by Delegate SUva, and carried. (see Sec. B, Standing Corn. Rpt. No. 38). The report At 9:20 o’clock a.m., upon motion by Delegate was received and placed on file. Heen, seconded by Delegate Anthony, the Convention stood in recess, subject to the call of the Chair. Consideration of Standing Committee Report No. The Convention reconvened at 9:34 o’clock a.m. 37, from the Committee on Judiciary, reporting a Delegates Crossley and Lee came into the session complete judiciary article, and submitting for intro at this time. duction a Committee Proposal, entitled: “A Pro Delegate Anthony, for the Committee on Judiciary, posal for the Establishment of the Judiciary;” re presented a report, reporting a complete judiciary commending that Proposal No. 14, entitled: “The article, and submitting for introduction a complete Judiciary,” be referred to the Committee on Ordi proposal, “Establishment of the Judiciary;” recom nances and Continuity of Law; returning Proposals mending that Proposal No. 14, “The Judiciary,” be Nos. 3, 9, 15, 26, 58, 68, Article V of Proposal No. referred to the Committee on Ordinances and Con 88, Proposals Nos. 92, 124, 146, 160, 184, and 185 tinuity of Law; returning Proposals Nos. 3, 9, 15, and Miscellaneous Communication No. 28, with the 26, 58, 68, Article V of Proposal No. 88, Proposals recommendation that they be placed on file for the 92, 124, 146, 160, 184 and 185 and Miscellaneous reasons set forth in the report; and recommending Communication No. 28, with the recommendation that that Proposal No. 17 be referred to the Committee they be placed on file for the reasons set forth in the on Bill of Rights: The President announced that report; and recommending that Proposal No. 17 be Standing Committee Report No. 37 would be placed referred to the Committee on Bill of Rights (see Sec. on the General Orders of the Day for consideration B, Standing Corn. Rpt. No. 37). The report was re on Thursday, June 8th. ferred to the Committee on Printing for printing. Delegate Anthony, for the Committee on Judi Consideration of Committee Proposal No. 7, ciary, introduced Committee Proposal No. 7, “Es entitled: “A Proposal for the Establishment of the tablishment of the Judiciary.” The proposal passed Judiciary”: The President announced that the com first reading by title and was referred to the printing mittee proposal would be placed on the General Or committee. ders of the Day for second reading on Thursday, At 9:42 o’clock a.m., upon motion by Delegate June 8th. Crossley, seconded by Delegate Noda, and carried, Delegate Kometani, for the Committee on Suffrage the Convention adjourned until 8:30 o’clock a.m., and Elections, presented a report, reporting on the on Monday, June 5, 1950. [Sic; actually next con disposition of proposals and other matters referred vened Saturday, June 3.] to said committee, and submitting for introduction a committee proposal entitled: “A Proposal Rela ting to Suffrage and Elections,” with the recommen dation that following the passage of the proposal on FORTY-FOURTH DAY • Saturday, June 3, 1950 first reading by the filing thereof, the same pass second reading(see Sec. B, Standing Corn. Rpt. No. The Convention convened at 8:34 o’clock a.m., 39). The report was received and referred to the with President King in the Chair. Committee on Printing for printing. The divine blessing was invoked by Chaplain Judd, Delegate Kometani, for the Committee on Suffrage alter which the roll was called, showing all delegates present, with the exception of Delegates Cockett, and Elections, introduced Committee Proposal No. 8, ~rossley, Dowson, Kanemaru, Kawakami, Lee, Lutz, “Relating to Suffrage and Elections.” The proposal Mizuha, Nielsen, Phillips, Harold ‘A~. Rice, Sakaki passed first reading by title and was referred to the hara, St. Sure, White and Wirtz, excused. Printing Committee. The Chair stated that he had not yet had an oppor - Delegate Silva, for the Committee on Printing, tunity to read the journal of the forty-third day and, reported orally that Standing Committee Report therefore, approval thereof would be deferred until No. 39 and Committee Proposal No. 8 had already Monday. been printed and distributed to the members, which At this time, the President recognized Delegate oral report was accepted. Castro, who, as president of the Honolulu Junior The Chair announced that since Standing Commit Chamber of Commerce, sponsors of the “49th State tee Report No. 39 and Committee Proposal No. 8 had Fair,” which opened last night, extended a cordial already been printed, they would be placed on the invitation to the delegates to attend the fair at any calendar, on General Orders, for consideration and time they desired, as guests of the sponsors. second reading, respectively, on Thursday, June 8th. 70 CONVENTION JOURNAL At this juncture, Secretary Porteus announced Delegate White, for the Committee on Taxation that Delegate Roberts, from Combination “Q” of and Finance, presented a report, stating that the the Fourth District, would present the flag of the committee had voted to exclude homes from the State of Maryland this morning. Delegate Roberts, classes of real property to be exempted from taxes bearing the flag of the State of Maryland, mounted by the legislature, on the understanding that an ordi the rostrum and on behalf of that state presented nance to the effect that homes may, nevertheless, the flag to the Convention stating that he took great continue to be exempt from real property taxes up pleasure in presenting to the Convention the honored to and including December 31, 1959, will be present flag of a state which took part in the drafting of the ed for adoption with the state constitution; and recom Federal Constitution—a state that should act as a mending that the Committee on Ordinances and Con guide to this Convention in the preparation of a tinuity of Law be instructed to prepare such an ordi Constitution for the State of Hawaii, which will nance and submit it to the Convention for adoption achieve fame in history. (see Sec. B, Standing Corn. Rpt. No. 41). Delegate At 8:53 o’clock a.m., upon motion by Delegate Harold W. Rice moved that the report lay on the Woolaway, seconded by Delegate Noda, and carried, table for consideration at a later date. Seconded the Convention adjourned until 8:30 o’clock a.m., on by Delegate Phillips, and carried. Monday, June 5, 1950. Delegate White, for the Committee on Taxation and Finance, presented a report on Miscellaneous Communication No. 82, being a communication from FORTY-FIFTH DAY • Monday, June 5, 1950 James R. McDonough, secretary pro tern of the Joint Tax Study Committee, commenting on uniformity of The Convention convened at 8:35 o’clock a.rn., taxes and debt limitations, and recommending that with President King in the Chair. copies of this report be sent to Mr. McDonough and After prayer by Chaplain Judd, the roll was called the Joint Tax Study Commission (see Sec. B, Stand showing all delegates present, with the exception of ing Corn. Rpt. No. 42). Delegate White moved that Delegates Kometani, Nielsen and Sakakihara, ex the report of the committee be adopted and that cused; and Delegate Lee temporarily excused. The Miscellaneous Communication No. 82 be placed on journal of the forty-third and fourty-fourth days file, which was seconded by Delegate Crossley, and was approved. carried, the Secretary to comply with the request A communication from Honorable Joseph R. Far contained in the report. rington, Delegate to Congress from Hawaii, acknow ledging receipt of copy of the resolution adopted by Delegate White, for the Committee on Taxation the Convention urging enactment of legislation re and Finance, presented a report on Departmental moving the racial restrictions from the immigration Communication No. 5, from the Treasurer of the laws, and stating that he was entirely in sympathy Territory, stating that the firm of Wood, King & with the purpose thereof, and expressing his gratifi Dawson of New York had offered their assistance cation that this resolution was being brought to the to the Convention in drafting the constitutional pro attention of the United States Senate, was read by visions with respect to territorial and local borrow the Clerk (see Sec. B, Misc. Corn. No. 96). The com ing, and stating that this firm had been consulted munication was received and placed on file. and had rendered much helpful advice, and recom Delegate Silva, for the Committee on Printing, mending that Departmental Communication No. 5 be presented a report on the printing of Standing Com placed on file (see Sec. B, Standing Corn. Rpt. No. mittee Report No. 39 and Committee Proposal No. 8, 43). Upon motion by Delegate White, seconded by relating to Suffrage and Elections (see Sec. B, Stand Delegate Lai, and carried, the report of the commit ing Corn. Rpt. No. 40). The report was received and tee was adopted; and Departmental Communication placed on file, the oral report of the committee hav No. 5 was thereupon placed on file. ing been accepted on June 3rd and Standing Commit Delegate White, for the Committee on Taxation tee Report No. 39 and Committee Proposal No. 8 and Finance, presented a report on various propos were at that time placed on the calendar for consider als referred to it, and returning Proposals Nos. 7, ation on Thursday, June 8th. 13, 73, 74, 75, 76, 77, 78, 79, 80, 81, Article VI of Delegate Akau, for the Committee on Suffrage and Proposal 88, Proposals 129, 140 and 141 and Com Elections, thereupon requested that the time for the mittee Proposal No. 2, with the recommendation consideration of Standing Committee Report No. 39 that they be placed on file (see Sec. B, Standing and the consideration, on second reading, of Commit Corn. Rpt. No. 44). Delegate White moved that the tee Proposal No. 8, entitled: “A Proposal Relating report be printed and circulated to the delegates to Suffrage and Elections,” placed on the calendar and that action thereon be deferred for considera for Thursday, June 8th, be extended to Friday, June tion with the final report of the Committee on Taxa 9th. There being no objection, the Chair granted the tion and Finance. The motion was seconded by Dele request. gate Porteus, and carried. FORTY-SIXTH DAY • Tuesday, June 6, 1950 71 Delegate Kauhane, for the Committee on Local the Convention adjourned until 8:30 o’clock a.m., Government, reported orally, requesting an exten on Tuesday, June 6, 1950. sion of time, to June 9th, in which to file its report. There being no objection, the Chair granted the ex tension requested. FORTY-SIXTH DAY • Tuesday, June 6, 1950 Consideration, on General Orders, of Standing Committee Report No. 24 from the Bill of Rights The Convention convened at 8:41 o’clock a.m., Committee and Committee Proposal No. 4, relating with the President presiding. to “Bill of Rights,” deferred from June 2nd: Dele Chaplain Judd invoked the divine blessing, after gate Mizuha moved that the said standing committee which the roll was called showing all delegates pres report and committee proposal be referred to the ent, with the exception of Delegates Kometani and Committee of the Whole to be considered in connec Nielsen, excused; and Delegates Kawahara, Lee and tion with Standing Committee Report No. 20 and Phillips temporarily excused. Committee Proposal No. 3 on the same subject mat The Chair announced that he had not yet had an ter. Seconded by Delegate Porteus, andcarried. opportunity to read the journal of the forty-fifth At this time, Delegate Mizuha moved that the day and, therefore, would make an announcement Convention resolve itself into a Committee of the of its approval tomorrow. Whole, with Delegate Silva as chairman, for the con The Chair at this time recognized Delegate White, sideration of Standing Committee Report No. 20 and who moved that Standing Committee Report No. 41, Committee Proposal No. 3, and Standing Committee relating to the exclusion of homes from the classes Report No. 24 and Committee Proposal No. 4, all of real property which may be exempted from taxes relating to Bill of Rights. Seconded by Delegate by the legislature and its recommendation that the Loper, and carried; and at 9:01 o’clock a.m., the Committee on Ordinances and Continuity of Law be Convention resolved itself into a Committee of the instructed to prepare an Ordinance to the effect that Whole for such purpose, with Delegate Silva as homes may continue to be exempt from real proper chair man. ty taxes up to and including December 31, 1959, which yesterday had been laid on the table for con At 11:55 o’clock a.m., the Committee rose, and sideration at a later date, be referred to the Com the Convention reconvened. mittee of the Whole, to sit this afternoon at 1:30 Delegate Lee, who had been temporarily excused, o’clock. The motion was seconded by Delegate was in attendance at this time; and Delegate Shima Tavares, and carried. mura was excused for the balance of today’s session. A Communication from Edward Hong, on behalf Delegate Silva, for the Committee of the Whole, of the ILWU, enclosing copy of a draft constitution to which Standing Committee Reports Nos. 20 and approved by the delegates to the convention of the 24 and Committee Proposals Nos. 3 and 4 were re four ILWU locals, held in Honolulu on June 2nd to ferred, relating to Bill of Rights, orally reported 4th, with copies thereof for each delegate, in line progress and asked leave to sit again tomorrow with their petition of May 19, 1950, and urging that morning at 9:00 o’clock. Upon motion by Delegate the Convention give serious consideration to the Silva, seconded by Delegate Charles A. Rice, the draft, was read by the Clerk (see Sec. B, Misc. Corn. oral report of the committee was adopted. No. 97). The communication and draft constitution At this time, Delegate Ashford moved that when were received and placed on file, inasmuch as the the Convention adjourns on Friday, June 9th, that deadline for submitting proposals had already been it adjourn until Tuesday, June 13th, Monday being reached, and copies of the draft having been placed a legal holiday (Kamehameha Day, June 11th, falling in the hands of the delegates for their information on Sunday and being celebrated on Monday, June and whatever use they might care to make of it. 12th), which would give the outside island members Delegate Wist, for the Committee on Style, pre an opportunity for a long weekend at their respec sented a report, recomending the amendment of tive homes. The motion was seconded by Delegate Committee Proposal No. 1, relating to health and Smith. The motion was thereupon put by the Chair, general welfare, and recommending approval of and lost. said committee proposal in the amended form At this juncture, Delegate Okino, for the Commit attached (see Sec. B, Standing Corn. Rpt. No. 45). tee on Executive Powers and Functions, reported The report was received and referred to the Com orally, requesting an extension of time, to Friday, mittee on Printing for printing, and action thereon June 9th, in which to file the report of that commit deferred until a later date. tee. There being no objection, the Chair granted At this time, Delegate Fukushima, for the Com the requested extension. mittee on Revision, Amendments, Initiative, Refer At 11:59 o’clock a.m., upon motion by Delegate endum and Recall, reported orally, requesting an Holroyde, seconded by Delegate Noda, and carried, extension of time, until Thursday, June 8th, in 72 CONVENTION JOURNAL which to file the report of that committee. There A communication from the Windward Oahu Com being no objection, the Chair granted the request. munity Association, Inc., urging the incorporation Delegate Heen, for the Committee on Legislative of the Hawaiian Homes Commission Act into the Powers and Functions, reported orally, requesting constitution for the State of Hawaii, and asking what an extension of time, until Tuesday, June 13th, in ever assistance possible in the opening of other gov which to file the report of that committee. There ernment-owned lands to the young people and others being no objection, the Chair granted the request. interested in developing agricultural enterprises Delegate Richards, for the Committee on Agri in the Territory, was read by the Clerk (see Sec. B, culture, Conservation and Land, reported orally, Misc. Corn. No. 98). The communication was re requesting an extension of time, until Wednesday, ceived and referred to the Committee on Hawaiian June 14th, in which to file the report of that commit Homes Commission Act. tee. There being no objection, the Chair granted A communication from the Windward Oahu Com the request. munity Association, Inc. petitioning the Convention Delegate Loper, for the Committee on Education, to provide in the constitution that, as a compact with reported orally, requesting an extension of time, the United States relating to the management and until Friday, June 9th, in which to file the report disposition of the Hawaiian Home lands, the Hawaiian of that committee. There being no objection, the Homes Act, 1920, as amended, be made a part of the Chair granted the request. state constitution, subject to amendment or repeal Delegate Shimamura, for the Committee on Ordi only with the consent of the Congress of the United nances and Continuity of Law, reported orally, re States, was read by the Clerk (see Sec. B, Misc. questing an extension of time, until Friday, June 9th, Com. No. 99). The communication was received in which to file the report of that committee. There and referred to the Committee on Hawaiian Homes being no objection, the Chair granted the request. Commission Act. At this juncture, Delegate Silva moved that the At 10:07 o’clock a.m., upon motion by Delegate Convention resolve itself into a Committee of the Crossley, seconded by Delegate Sakakihara, and Whole for the further consideration of Standing Com carried, the Convention stood in recess until 1:30 mittee Reports Nos. 20 and 24 and Committee Pro o’clock this afternoon. posals Nos. 3 and 4, all relating to the Bill of Rights. Seconded by Delegate James K. Trask, and carried; and at 8:53 o’clock a.m., the Convention resolved AFTERNOON SESSION itself into a Committee of the Whole for such pur The Convention reconvened at 1:36 o’clock p.m., pose, with Delegate Silva as chairman. with the President in the Chair and all delegates At 10:01 o’clock a.m., the committee rose and being present with the exception of Delegates Fong, the Convention reconvened. Gilliland, Kometani, Lee, Mau, Nielsen and Okino, At the. time of reconvening, Delegates Kawaha.ra, excused. Lee and Phillips, who had been temporarily excused, At this time, Delegate White moved that the Con were in attendance. vention resolve itself into a Committee of the Whole Delegate Silva, for the Committee of the Whole, for the consideration of Standing Committee Report to which Standing Committee Reports Nos. 20 and 24 No. 41 from the Committee on Taxation and Finance. and Committee Proposals Nos. 3 and 4, all relating Seconded by Delegate Porteus, and carried. to the Bill of Rights, had been referred, orally re The Chair thereupon appointed Delegate Dot as ported progress and asked leave to sit again. Upon chairman of the said Committee of the Whole; and motion by Delegate Silva, seconded by Delegate Mi at 1:39 o’clock p.m., the Convention resolved itself zuha, the oral report of the committee was adopted. into a Committee of the Whole for such purpose, At this time, Delegate Crossley, for the Commit with Delegate Dot in the Chair. tee on Submission and Information, announced the At 3:09 o’clock p.m., the Committee rose and the radio schedules and speakers for this week, as Convention reconvened. follows: Delegate Dot, for the Committee of the Whole to Wednesday, June 7th, over KGMB, from 6:00 to which was referred Standing Committee Report No. 6:15 p.m., Delegate Larsen, Speaker; 41 relating to the exclusion of homes from the Friday, June 9th, over KGMB, from 6:00 to 6:15 classes of real property which may be exempted p.m., Delegate Larsen, Speaker; from taxes by the legislature and its recommenda Saturday, June 10th, over KGMB, from 6:00 to tion that the Committee on Ordinances and Continuity 6:15 p.m., Delegate Okino, Speaker; of Law be instructed to prepare an ordinance to the Saturday, June 10th, over KGU, from 6:30 to 6:45 effect that homes may continue to be exempt from p.m., Delegate Phillips, Speaker —a “live” broad real property taxes up to and including December 31, cast; 1959, reported orally, recommending the tabling of Sunday, June 11th, over KULA, from 5:15 to Standing Committee Report No. 41, and asking 5:30 p.m., Delegate Wirtz, Speaker. leave to file a written report later. FORTY-EIGHTH DAY • Thursday, June 8, 1950 73 Upon motion by Delegate Doi, seconded by Dele carried, the committee proposal was referred to the gate Sakakihara, and carried, the oral report of the Committee of the Whole for consideration. Committee was adopted; and Standing Committee At this time, Delegate James K. Trask moved that Report No. 41 was thereby tabled, a written report the Convention resolve itself into a Committee of to be filed later. the Whole for the consideration of Standing Commit Delegate White, chairman of the Committee on tee Report No. 33 and Committee Proposal No. 6, Taxation and Finance, expressed his appreciation relating to the Hawaiian Homes Commission Act. to the Convention for the action taken on the report, Seconded by Delegate Sakakihara, and carried. which would expedite the work of that committee in The Chair thereupon appointed Delegate Loper completing its final report. as chairman of the said Committee of the Whole; and At 3:12 o’clock p.m., upon motion by Delegate at 8:52 o’clock a.m., the Convention resolved itself Heen, seconded by Delegate Noda, and carried, the into a Committee of the Whole for this purpose, with Convention adjourned until 8:30 o’clock a.m., on Delegate Loper in the Chair. Wednesday, June 7, 1950. At 11:30 o’clock a.m., the Committee rose and the Convention reconvened. Delegate Loper, for the Committee of the Whole, having under consideration Standing Committee Re FORTY-SEVENTH DAY • Wednesday, June 7, 1950 port No. 33 from the Committee on Hawaiian Homes Commission Act, and Committee Proposal No. 6, The Convention convened at 8:45 o’clock a.m., “Relating to the Hawaiian Homes Commission Act,” with President King in the Chair. orally reported progress and asked leave to sit After prayer by the Chaplain, the roll was called again thereon. Upon motion by Delegate Silva, sec showing all delegates present with the exception of onded by Delegate Porteus, and carried, the oral Delegates Gilliland, Kometani, Okino and Serizawa, report of the Committee was adopted. excused. At 11:32 o’clock a.m., upon motion by Delegate The Chair announced that the journal of the forty- Crossley, seconded by Delegate Woolaway, and fifth day had been approved, but that as he had not carried, the Convention adjourned until 8:30 o’clock yet had an opportunity to read the journal of the a.m., on Thursday, June 8, 1950. forty-sixth day, he would report on its approval tomorrow. Delegate Silva, for the Committee on Printing, FORTY-EIGHTH DAY • Thursday, June 8, 1950 presented a report, reporting on the printing of Standing Committee Report No. 45 from the Commit The Convention convened at 8:41 o’clock a.m., tee on Style (see Sec. B, Standing Corn. Rpt. No. 46). with President King presiding. The report was received and placed on file. The Chaplain invoked the divine blessing, after which the roll was called, showing all delegates Consideration of Standing Committee Report No. present, with the exception of Delegate Phillips, 45, from the Committee on Style, recommending the excused. amendment of Committee Proposal No. 1, relating The Chair announced that the journal of the forty- to health and general welfare, and recommending sixth day had been approved, but that he had not had approval of said committee proposal in the amended an opportunity to read the journal of the forty-seventh form attached: The Chair announced that the report day and therefore he would report on that tomorrow. and the Committee Proposal No. 1, in the amended A communication from Arthur K. Trask, chair form, would lie on the table for disposition at a later man of the Platform Committee of the Democratic date. Party and a member of the Committee on the Ha waiian Homes Commission Act, bringing to the atten Consideration, on General Orders, of Standing tion of the Convention that the Democratic Party of Committee Report No. 33, from the Hawaiian Homes Hawaii had always supported the Hawaiian Homes Commission Act Committee, reporting on various Commission Act, and more pertinently, its inclusion proposals, resolutions and petitions referred to it, in the constitution of the State of Hawaii, and asking and submitting Committee Proposal No. 6 for intro that this communication be properly filed to indicate duction: Upon motion by Delegate Hayes, seconded this fact, was read by the Clerk (see Sec. B, Misc. by Delegate Silva, the report was referred to the Corn. No. 100). The communication was received Committee of the Whole for consideration. and placed on file; and, at the request of Delegate Arthur K. Trask, was referred to the Secretary for Consideration, on second reading, of Committee its proper inclusion in the proceedings of this Proposal No. 6 entitled: “A Proposal Relating to Convention. Hawaiian Homes Commission Act”: Upon motion The Chair at this time recognized Delegate Wist, by Delegate Hayes, seconded by Delegate Silva, and who moved that the report of the Committe on Style 74 CONVENTION JOURNAL (Standing Corn. Rep. No. 45), recommending the tion by the legislature, presented a report, recom amendment of Committee Proposal No. 1, relating mending that the report be tabled (see Sec. B, Com. to health and general welfare, and recommending of Whole Rpt. No. 4). The report was received and the approval of said committee proposal in an amend placed on file, the oral report of the committee ed form attached thereto, which was laid on the table having been adopted on June 6th. on June 6th for disposition at a later date, be consi Delegate Fukushima, for the majority of the Com dered at this time. The motion was seconded by mittee on Revision, Amendments, Initiative, Referen Delegate Roberts, and carried. dum and Recall, presented a report, reporting on proposals referred to it, and recommending against Consideration of Standing Committee Report the inclusions in the constitution of the statutory •No. 45 and amended form of Committee Proposal initiative, the statutory referendum and the recall; No. 1, “Relating to Health and General Welfare”: and further recommending that Proposals Nos. 113 Delegate Wist thereupon moved for the adoption of and 148 on this subject matter be placed on file, the committee report. Seconded by Delegate Ro and returning them for such purpose (see Sec. B, berts, and carried, unanimously; and as provided Standing Com. Rpt. No. 47). The report was received by the rules of the Convention, amended Committee and referred to the Printing Committee for printing. Proposal No. 1 relating to health and general wel Delegate Fukushima, for the Committee on Revi fare, was ordered printed and to third reading. sion, Amendments, Initiative, Referendum and Recall, Notice was given that said proposal would be placed presented a report on proposals referred to it, sub on the calender, on General Orders, for consideration mitting for introduction a committee proposal “Re on third reading on Tuesday, June 13th. lating to Revision and Amendments,” and returning At this time, Delegate Hayes moved that the Con Proposals Nos. 34, Article X of Proposal No. 88, vention resolve itself into a Committee of the Whole Proposals Nos. 104, 119 and 170, with the recom for the consideration of Standing Committee Report mendation that they be placed on file for the reasons No. 33 from the Committee on the Hawaiian Homes set forth in the report (see Sec. B, Standing Com. Commission Act and Committee Proposal No. 6, Rpt. No. 48). The report was received and referred as amended. The motion was seconded by Delegate to the Committee on Printing for printing. Arthur K. Trask, and carried; and at 8:54 o’clock Delegate Fukushima, for the Committee on Revi a.m., the Convention resolved itself into a Commit sion, Amendments, Initiative, Referendum and Re tee of the Whole for such purpose, with Delegate call, introduced Committee Proposal No. 9, “Relat Loper as chairman. Ing to Revision and Amendments.” The proposal At 9:07 o’clock a.m., the committee rose and the passed first reading by title and was referred to Convention reconvened. the Printing Committee for printing. Delegate Loper, for the Committee of the Whole, to which had been referred Standing Committee Consideration of Standing Committee Report No. Report No. 33 and Committee Proposal No. 6, from 37, from the Committee on Judiciary, reporting a the Committee on Hawaiian Homes Commission Act, complete judiciary article and submitting for intro presented a report, recommending that Standing Com duction a committee proposal “for the establishment mittee Report No. 33 be placed on file, and that its of the judiciary”: Upon motion by Delegate Anthony, recommendations be adopted, with the exception of seconded by Delegate Hayes, the report was referred the recommendation as to Proposal No. 6; and that to the Committee of the Whole. Committee Proposal No. 6 be amended by the dele Second reading of Committee Proposal No. 7, tion of the last sentence of the first section thereof; “Establishment of the Judiciary”: Upon motion by and that as so amended that Committee Proposal Delegate Anthony, seconded by Delegate Hayes, the No. 6 pass second reading(see Sec. B, Com. of Whole committee proposal was referred to the Committee Rpt. No. 3). Upon motion by Delegate Loper, sec of the Whole. onded by Delegate Apoliona, and carried, the report At this time, Delegate Anthony moved that the of the committee was adopted; and Committee Pro Convention resolve itself into a Committee of the posal No. 6, as amended, passed second reading. Whole for the consideration of Standing Committee The President thereupon, in accordance with the Report No. 37 from the Committee on Judiciary and rules of the Convention, referred Committee Propos Committee Proposal No. 7, “Establishment of the al No. 6 as amended, to the Committee on Style for Judiciary.” Seconded by Delegate Hayes, and car consideration as to phraseology only and report ried. within five convention days. The Chair thereupon appointed Delegate Crossley Delegate Doi, for the Committee of the Whole, to as chairman of the said Committee of the Whole, and which had been referred Standing Committee Report at 9:14 o’clock a.m., the Convention resolved itself No. 41 from the Committee on Taxation and Finance, into a Committee of the Whole for the above purpose. relating to the exclusion of home exemptions from At 11:54 o’clock a.m., the Committee rose, and the the classes of property to be exempted from taxa Convention reconvened. FORTY-NINTH DAY • Friday, June 9, 1950 75 Delegate Crossley, for the Committee of the The Chair announced that the journal of the Whole, having under consideration Standing Commit forty-seventh day had been approved, but that as he tee Report No. 37 from the Committee on Judiciary had not had an opportunity to read the journal of and Committee Proposal No. 7, orally reported pro the forty-eighth day, he would report on that tomor gress and asked leave to sit again at 1:30 this after row. noon. Upon motion by Delegate Silva, seconded by Delegate Silva, for the Committee on Printing, Delegate Crossley, the oral report of the committee presented a report on the printing of Standing Com was adopted. mittee Report No. 47 from the majority of the Com Upon motion of Delegate Fukushima, seconded by mittee on Revision, Amendments, Initiative, Refer en Delegate Anthony, the Convention stood in recess dum and Recall, and Standing Committee Report No. at 12:01 o’clock p.m., until 1:30 o’clock this after 48 from the Committee on Revision, Amendments, noon. Initiative, Referendum and Recall, and Standing Committee Report No. 49 from the minority of the AFTERNOON SESSION Committee on Revision, Amendments, Initiative, The Convention reconvened at 1:52 o’clock p.m., Referendum and Recall (see Sec. B, Standing Corn. with Vice-President Charles A. Rice in the Chair, Rpt. No. 50). The report was received and placed and all members being present with the exception on file. of Delegate Phillips, excused. At this time, Delegate Porteus moved that the Consideration of Standing Committee Report No. Convention resolve itself into a Committee of the 47, from the majority of the Committee on Revision, Whole for the further consideration of Standing Amendments, Initiative, Referendum and Recall, Committee Report No. 37 from the Committee on reporting on proposals referred to it, and recom Judiciary and Committee Proposal No. 7, “Establish mending against the inclusion in the constitution of ment of the Judiciary.” Seconded by Delegate Mizu the statutory initiative, the statutory referendum ha, and carried; and at 1:53 o’clock p.m., the Con and recall; and further recommending that Proposals vention resolved itself into a Committee of the Whole Nos. 113 and 148 on this subject matter be placed for such purpose, with Delegate Crossley as chair on file, and returning them for such purpose: The man. President announced that Standing Committee Report At 4:08 o’clock p.m., the committee rose and the No. 47 would be placed on the General Orders of the Convention reconvened. Day for consideration on Thursday, June 15th. Delegate Crossley, for the Committee of the Whole, having under consideration Standing Commit Consideration of Standing Committee Report No. tee Report No. 37 and Committee Proposal No. 7, 48, from the Committee on Revision, Amendments, orally reported progress and asked leave to sit again Initiative, referendum and Recall, reporting on pro tomorrow morning at 9:30 o’clock. Upon motion by posals referred to it, submitting for introduction James K. Trask, seconded by Delegate Crossley, a committee proposal, relating to revision and the oral report of the committee was adopted. amendments, and returning Proposal No. 34, Arti Delegate Nielsen, for the minority of the Commit cle X of Proposal No. 88, Proposals Nos. 104, 119 tee on Revision, Amendments, Initiative, Referendum and 170 with the recommendation that they be placed and Recall, presented a report recommending that on file: The President announced that the report the committee proposal submitted by the majority of would be placed on the General Orders of the Day the said committee with its final report, be amended for consideration on Thursday, June 15th. to include the amended form of proposal attached to Consideration of Committee Proposal No. 9, and made a part of the report (see Sec. B, Standing “Relating to Revision and Amendments:” The Com. Rpt. No. 49). The report was received and President announced that the proposal would be referred to the Printing Committee to be printed. placed on the General Orders of the Day for second At 4:12 o’clock p.m., upon motion by Delegate reading on Thursday, June 15th. Woolaway, seconded by Delegate Dowson, and car ried, the Convention adjourned until 8:30 o’clock a.m., on Friday, June 9, 1950. Consideration of Standing Committee Report No. 49, from the minority of the Committee on Revision, Amendments, Initiative, Referendum and Recall, FORTY-NINTH DAY • Friday, June 9, 1950 recommending that the committee proposal submit ted by the majority of the said committee with its The Convention convened at 8:30 o’clock a.m., final report, be amended to include the amended form with the President in the Chair. of the proposal attached to and made a part of this After prayer by Chaplain Judd, the roll was report: The President announced that the report called, showing all delegates present, with the ex would be placed on the General Orders of the Day for ception of Delegates Kanemaru and Sakai, excused. consideration on Thursday, June 15th. 76 CONVENTION JOURNAL Delegate White, for the Committee on Taxation mending the filing of Proposal No. 56, and submitting and Finance, presented a report, making recommen for introduction a committee proposal providing for dations with respect to (1) a financial organization a state seal; and recommending the amendment of for the State of Hawaii and (2) submitting for intro Resolution No. 29 and its adoption in the amended duction a committee proposal relating to public form attached to the report (see Sec. B, Standing finance and taxation (see Sec. B, Standing Com. Rpt. Com. Rpt. No. 55). The report was received and No. 51). The report was received and referred to referred to the Committee on Printing for printing. the Committee on Printing for printing. Delegate Yamauchi, for the Committee on Miscel Delegate White, for the Committee on Taxation laneous Matters, introduced Committee Proposal and Finance, introduced Committee Proposal No. No. 14, “Providing for a State Seal.” The proposal 10, “Relating to Public Finance and Taxation.” passed first reading by title and was referred to the The proposal passed first reading by title and was Committee on Printing for printing. referred to the Committee on Printing for printing. Delegate Loper, for the Committee on Education, Consideration of Resolution No. 29, in an amended presented a report, reporting on the disposition of form, requesting the legislature of Hawaii to enact various proposals referred to it, and submitting for appropriate legislation for the adoption of certain introduction a committee proposal relating to educa heraldic symbols: The resolution, as amended was tion (see Sec. B, Standing Corn. Rpt. No. 52). The referred to the Committee on Printing for printing. report was received and referred to the Committee Delegate Yamauchi, for the Committee on Miscel on Printing for printing. laneous Matters, presented a report on Proposal No. Delegate Loper, for the Committee on Education, 125, relating to the boundaries of the State of Hawaii, introduced a Committee Proposal No. 11, “Relating returnign the same with the recommendation that it to Education.” The proposal passed first reading be placed on file, and submitting for introduction a by title and was referred to the Committee on Print committee proposal covering the subject matter ing for printing. thereof (see Sec. B, Standing Corn. Rpt. No. 56). Delegate Yamauchi, for the Committee on Miscel The report of the committee was received and re laneous Matters, presented a report, reporting on ferred to the Committee on Printing for printing. Proposal No. 65 and Resolutions Nos. 15 and 23, all Delegate Yamauchi, for the Committee on Miscel relating to the location of the state capital, returning laneous Matters, introduced Committee Proposal the said proposal and said resolutions, with the re No. 15, “Relating to State Boundaries.” The propos commendation that they be placed on file, and sub al passed first reading by title and was referred to mitting for introduction a committee proposal relat the Committee on Printing for printing. ing to the seat of government (see Sec. B, Standing Delegate Yamauchi, for the Committee on Miscel Corn. Rpt. No. 53). The report of the committee laneous Matters, presented a report on Proposals was received and referred to the Committee on No. 72 and 123, relating to civil service, returning Printing for printing. the said proposals with the recommendation that they Delegate Yamauchi, for the Committee on Miscel be placed on file, and submitting a committee pro laneous Matters, introduced Committee Proposal No. posal for introduction, relating to civil service 12, “Relating to Seat of Government.” The proposal (see Sec. B, Standing Corn. Rpt. No. 57). The report passed first reading by title and was referred to the was received and referred to the Committee on Committee on Printing for printing. Printing for printing. Delegate Yamauchi, for the Committee on Miscel Delegate Yamauchi, for the Committee on Miscel laneous Matters, presented a report on Proposals lenous Matters, introduced Committee Proposal No. Nos. 55 and 193, relating to the state flag, returning 16, “Relating to Civil Service.” The proposal the said proposals with the recommendation that passed first reading by title and was referred to the they be placed on file, and submitting for introduc Committee on Printing for printing. tion a committee proposal providing for a state Delegate Yamauchi, for the Committee on Miscel flag (see Sec. B, Standing Corn. Rpt. No. 54). The laneous Matters, presented a report on Proposals report of the committee was received and referred Nos. 101 and 130 relating to intergovernmental to the Committee on Printing for printing. relations, returning the said proposals with the re Delegate Yamauchi, for the Committee on Miscel commendation that they be placed on file, and sub laneous Matters, introduced Committee Proposal mitting for introduction a committee proposal re No. 13, “Providing for a State Flag.” The proposal lating to intergovernmental relations (see Sec. B, passed first reading by title and was referred to the Standing Corn. Rpt. No. 58). The report was re Committee on Printing for printing. ceived and referred to the Committee on Printing Delegate Yamauchi, for the Committee on Miscel for printing. laneous Matters, presented a report on Proposal No. Delegate Yamauchi, for the Committee on Miscel 56 relating to the State Seal and Resolution No. 29 laneous Matters, introduced Committee Proposal No. relating, in part, to the same subject matter, recom 17, “Relating to Intergovernmental Relations.” The FORTY-NINTH DAY • Friday, June 9, 1950 77 proposal passed first reading by title and was re passed first reading by title and was referred to the ferred to the Committee on Printing for printing. Printing Committee. Delegate Yamauchi, for the Committee on Miscel Delegate Yamauchi, for the Committee on Miscel laneous Matters, presented a report on Resolution laneous Matters, presented a report on Proposals No. 31, relating to “Statehood Day,” recommending Nos. 11, 39, 61, 88, 132, 166, 171, 172 and 173, all its amendment in the form attached to the report, relating to a preamble for the constitution, return and as so amended, recommending its adoption ing the said proposals for filing, and submitting for (see Sec. B, Standing Com. Rpt. No. 59). The re introduction a committee proposal “Relating to the port. of the committee was received and referred Preamble”(see Sec. B, Standing Corn. Rpt. No. 64). to the Committee on Printing for printing. The report of the committee was received and re ferred to the Committee on Printing for printing. Consideration of Resolution No. 31, requesting Delegate Yamauchi, for the Committee on Miscel the Governor of Hawaii to proclaim a legal holiday laneous Matters, introduced Committee Proposal to be known as “Statehood Day,” in the amended No. 20, “Relating to the Preamble.” The proposal form: The resolution was referred to the Committee passed first reading by title and was referred to on Printing for printing. the Committee on Printing for printing. Delegate Yamauchi, for the Committee on Miscel Delegate Yamauchi, for the Committee on Miscel laneous Matters, presented a report on Proposal laneous Matters, presented a report on Committee No. 85 relating to the state song for Hawaii, return Proposal No. 28, relating to equal rights of persons ing the said proposal with the recommendation that of both sexes, recommending the filing of said pro it be placed on file, since the subject matter thereof posal and submitting for introduction a committee had been covered in the amended form of Resolution proposal “Relating to Equal Rights” (see Sec. B, No. 29 recommended for adoption by the Committee Standing Corn. Rpt. No. 65). The report of the com (see Sec. B, Standing Com. Rpt. No. 60). The report mittee was received and referred to the Committee of the committee was received and referred to the on Printing for printing. Committee on Printing for printing. Delegate Yamauchi, for the Committee on Miscel Delegate Yamauchi, for the Committee on Miscel laneous Matters, introduced Committee Proposal laneous Matters, presented a report on Proposal No. No. 21, “Relating to Equal Rights.” The proposal 192, “Relating to Weights and Measures,” returning passed first reading by title and was referred to the the same with the recommendation that it be placed Committee on Printing for printing. on file, inasmuch as it was felt that this is a legisla Delegate Yamauchi, for the Committee on Miscel tive matter and should not be included in the consti laneous Matters, presented a report on all measures tution (see Sec. B, Standing Com. Rpt. No. 61). The referred to the committee and setting forth its final report of the committee was received and referred disposition of these proposals, resolutions and mis to the Committee on Printing for printing. cellaneous communications (see Sec. B, Standing Delegate Yamauchi, for the Committee on Miscel Corn. Rpt. No. 66). The report was received and laneous Matters, presented a report on Proposal referred to the Committee on Printing for printing. No. 100, “Relating to Distribution of Powers” of the Delegate Okino, for the Committee on Executive three branches of government, returning the said Powers and Functions, presented a report on the proposals with the recommendation that it be placed disposition of Proposals 6, 20, 21, 22, 30, 88, 94, on file, and submitting for introduction a committee 109, 143, 145, 176; recommending that the portion proposal relating to this subject matter (see Sec. B, of Proposal No. 6 not incorporated in the committee Standing Com. Rpt. No. 62). The report was received proposal submitted for introduction be referred to and referred to the Committee on Printing for print the Committee on Miscellaneous Matters; recom ing. mending that the last paragraph of Proposal No. 22, Delegate Yamauchi, for the Committee on Miscel relating to continuity of incumbents in office until laneous Matters, introduced Committee Proposal their successors are appointed and qualified, be No. 18, “Relating to Distribution of Powers.” The referred to the Committee on Ordinances and Con proposal passed first reading by title and was re tinuity of Law; recommending that Proposal No. 30 ferred to the Committee on Printing for printing. relating to compensation of holders of office be Delegate Yamauchi, for the Committee on Miscel referred to the Committee on Ordinances and Conti laneous Matters, presented a report, submitting for nuity of Law; returning Proposals Nos. 20, 21, 88, introduction a committee proposal relating to “Oath 109, 143, 145, 169 and 176 for filing for the reason of Office” (see Sec. B, Standing Com. Rpt. No. 63). that they have either been included in the committee The report of the committee was received and re proposal submitted or have been rejected; submitting ferred to the Committee on Printing for printing. for introduction a committee proposal, “Relating to Delegate Yamauchi, for the Committee on Miscel the Executive;” attaching minority reports designated laneous Matters, introduced Committee Proposal Standing Committee Report No. 67-A, from Dele No. 19, “Relating to Oath of Office.” The proposal gates Ohrt, Kage and Loper, recommending the 78 CONVENTION JOURNAL amendment of Standing Committee Report No. 67 by Whole for the consideration of Standing Committee the insertion of an additional section entitled “Ad Report No. 39 from the Committee on Suffrage and ministrative Manager;” Standing Committee Report Elections and Committee Proposal No. 8, “Relating No. 67-B from Delegate Crossley recommending to Suffrage and Elections.” Seconded by Delegate the establishment of an administrative adjudication Charles A. Rice, and carried. The Chair thereupon board in certain instances in each department or appointed Delegate Dowson as chairman of the Com office where “quasi-judicial” functions are found; mittee of the Whole; and at 8:49 o’clock a.m., the and further recommending that where there is no Convention resolved itself into a Committee of the adjudication board there shall be an advisory board Whole for such purpose, with Delegate Dowson as as provided; Standing Committee Report No. 67-C chairman. from Delegate White, dissenting to the report of At 10:07 o’clock a.m., the committee rose, and the committee on sections 3, 4, 6, 8, 9 and 10 and the Convention reconvened. making certain recommendations for amendment Delegate Dowson, for the Committee of the Whole, to the committee proposal (see Sec. B, Standing having under consideration Standing Committee Re Corn. Rpt. No. 67). The report was received and port No. 39 and Committee Proposal No. 8, “Relat referred to the Committee on Printing for printing. ing to Suffrage and Elections,” orally reported pro Delegate Okino, for the Committee on Executive gress and asked leave to sit again for the further Powers and Functions, introduced Committee Pro consideration thereof. Upon motion by Delegate posal No. 22, “Relating to the Executive.” The James K. Trask, seconded by Delegate Smith, and proposal passed first reading by title and was re carried, the oral report of the committee was adopted. ferred to the Committee on Printing for printing. At this time, Delegate Heen moved that the Con Delegate Shimamura, for the Committee on Ordi vention resolve itself into a Committee of the Whole nances and Continuity of Law, presented a report - for the further consideration of Standing Committee on Proposals Non. 24, 27, 135, 136, 157, 158, 177, Report No. 37 from the Committee on Judiciary, and 178, 179, 180, 181 and 183 and Committee Proposal Committee Proposal No. 7, entitled: “For the Es No. 5, referred to it; returning these proposals for tablishment of the Judiciary.” Seconded by Delegate filing for the reasons that they have been incorpo Hoiroyde, and carried; and at 10:08 o’clock a.rn., the rated in the committee proposal submitted for intro Convention resolved itself into a Committee of the duction, with the exception of Proposal No. 24 which Whole for such purpose, with Delegate Crossley as was rejected, and submitting for introduction a Com chair man. mittee Proposal “Relating to Schedule on Continuity At 12:01 o’clock p.m., the committee rose, and of Laws, Rights, Actions, etc.” (see Sec. B, Stand the Convention reconvened. ing Corn. Rpt. No. 68). The report was received and Delegate Crossley, for the Committee of the Whole, referred to the Committee on Printing for printing. orally reported progress and asked leave to sit Delegate Shimarnura, for the Committee on Ordi again this afternoon at 1:30 o’clock for the further nances and Continuity of Law, introduced Committee consideration of Standing Committee Report No. 37 Proposal No. 23, “Relating to Schedule on Continuity and Committee Proposal No. 7. Upon motion by of Laws, Rights, Actions, etc.” The proposal passed Delegate Crossley, seconded by Delegate Dowson, first reading by title and was referred to the Commit the oral report of the committee was adopted. tee on Printing for printing. At 12:05 o’clock p.m., upon motion by Delegate Crossley, seconded by Delegate Smith, and carried, Consideration, on General Orders, of Standing the Convention stood in recess until 1:30 o’clock Committee Report No. 39, from the Committee on this afternoon. Suffrage and Elections, reporting on proposals re ferred to it and submitting for introduction a com AFTERNOON SESSION mittee proposal “Relating to Suffrage and Elections”: The Convention reconvened at 1:41 o’clock p.m., Upon motion by Delegate Kometani, seconded by with Vice-President Charles A. Rice in the Chair, Delegate Charles A. Rice, and carried, the report in the temporary absence of the President. was referred to the Committee of the Whole for At 1:42 o’clock p.m., upon motion by Delegate consideration. Anthony, seconded by Delegate Woolaway, and car ried, the Convention resolved itself into a Committee Consideration, on second reading, of Committee of the Whole for the purpose of further considering Proposal No. 8, entitled: “A Proposal Relating to Standing Committee Report No. 37 from the Commit Suffrage and Elections”: Upon motion by Delegate tee on Judiciary and Committee Proposal No. 7, Kometani, seconded by Delegate Charles A. Rice, “For the Establishment of the Judiciary,” with Dele and carried, the committee proposal was referred gate Crossley as chairman. to the Committee of the Whole. At 3:01 o’clock p.m., the committee rose, and the At this time, Delegate Kometani moved that the Convention reconvened with President King in the Convention resolve itself into a Committee of the Chair. FIFTIETH DAY • Saturday, June 10, 1950 79 Delegate Crossley, for the Committee of the community development and redevelopment; and Whole, having under consideration Standing Commit recommending due consideration to a letter from the tee Report No. 37 and Committee Proposal No. 7, HHA, dated May 3rd, in that respect, with one excep orally reported progress and asked leave to sit tion, was read by the Clerk (see Sec. B, Dept. Com. again on Tuesday morning, June 13th, at 9:00 o’clock. No. 10). The communication was received, to be Upon motion by James K. Trask, seconded by Dele acknowledged, and placed on file, the subject matter gate Crossley, and carried, the oral report of the thereof having already been disposed of by the Con committee was adopted. vention. The Chair stated at this time that due to the A communication from the executive secretary heavy schedule ahead of the Convention the delegates of the Hawaii Residents’ Association, on behalf of should reserve the evenings of next week for meet the officers and members of “IMUA,” expressing ings of the Convention if found necessary or desira thanks and appreciation for the many courtesies ble. extended to its members by the various persons Delegate Shimamura, for the Committee on Ordi officially connected with the Convention, was read nances and Continuity of Law, reported orally that by the Clerk(see Sec. B, Misc. Corn. No. 101). The it would be impossible for him to submit the final communication was received, to be acknowledged, report of that committee today, and therefore re and placed on file. quested an extension of time, until tomorrow, in Delegate Noda, on behalf of Delegate Silva, for the which to file the report of that committee. There Committee on Printing, presented a report on the being no objection, the Chair granted the request. printing of various matters referred to the committee Delegate Kauhane, for the Committee on Local (see Sec. B, Standing Com. Rpt. No. 69). The report Government, reported orally, requesting an exten was received and placed on file. sion of time, until tomorrow, in which to file the report of that committee. There being no objection, Consideration of Standing Committee Report No. the Chair granted the request. 51, from the Committee on Taxation and Finance, and Delegate Mau, for the Committee on Industry and consideration, on second reading, of Committee Pro Labor, reported orally, requesting an extension of posal No. 10, submitted therein, “Relating to Public time, until tomorrow, in which to file the report of Finance and Taxation”: The President announced that committee. There being no objection, the Chair that the report and proposal would be placed on the granted the request. General Orders for consideration on Friday, June At 3:10 o’clock p.m., upon motion by Delegate 16th. Woolaway, seconded by Delegate Noda, and carried, the Convention adjourned until 8:30 o’clock a.m., Consideration of Standing Committee Report No. on Saturday, June 10, 1950. 52, from the Committee on Education, reporting on the disposition of various proposals referred to it, and consideration, on second reading, of Committee FIFTIETH DAY • Saturday, June 10, 1950 Proposal No. 11, submitted therein, “Relating to Education”: The President announced that the report The Convention convened at 8:37 o’clock a.rn., and proposal would be placed on the General Orders with the President in the Chair. for consideration on Friday, June 16th. The divine blessing was invoked by Chaplain Judd, alter which the roll was called, showing all delegates Consideration of Standing Committee Report No. present, with the exception of Delegates Arashiro, 53, from the Committee on Miscellaneous Matters, Ashford, Cockett, Doi, Gilliland, Hoiroyde, Ihara, reporting on Proposal No. 65 and Resolutions Nos. Kage, Kanemaru, Kauhane, Kawahara, Kawakami, 15 and 23, all relating to the location of the state Kometani, Lee, Mau, Mizuha, Okino, Phillips, capital, recommending that they be placed on file, Charles A. Rice, Sakai, Sakakihara, Silva, Smith, and consideration, on second reading, of Committee Woolaway and Yamauchi, excused. Proposal No. 12, submitted therein, “Relating to The journal of the forty-eighth day was approved~. Seat of Government”: The President announced and the President announced that he would report that the report and proposal would be placed on the on the journal of the forty-ninth day on Tuesday, the General Orders for consideration on Friday, June next meeting day of the Convention. 16th. A communication from the director of the City Planning Commission, informing the Convention Consideration of Standing Committee Report No. that the Commission had voted its approval of the 54, from the Committee on Miscellaneous Matters, recommendation of the Hawaii Housing Authority reporting on Proposals Nos. 55 and 193, relating to with reference to the language which might be con the state flag, recommending the filing thereof, and sidered by the Convention for the constitutional pro consideration, on second reading, of Committee Pro visions to cover public housing, slum clearance, posal No. 13, submitted therein, “Providing for a 60—55398 80 CONVENTION JOURNAL State Flag”: The President announced that the re to be known as “Statehood Day”: Upon motion by port and proposal would be placed on the General Delegate Porteus, seconded by Delegate Kam, and Orders for consideration on Friday, June 16th. carried, action on the report and the amended form of the resolution was deferred until Tuesday, June Consideration of Standing Committee Report No. 13th. 55, from the Committee on Miscellaneous Matters, reporting on Proposal No. 56, recommending the Consideration of Standing Committee Report No. amendment of Resolution No. 29 and its adoption 60 from the Committee on Miscellaneous Matters, in the amended form attached to the report, and reporting on Proposal No. 85, “Relating to the State consideration, on second reading, of Committee Pro Song for Hawaii,” recommending that it be placed on posal No. 14, submitted therein, “Providing for a file, the subject matter thereof having been covered State Seal,” and of Resolution No. 29 in an amended in the amended form of Resolution No. 29 recom form, requesting the legislature of Hawaii to enact mended for adoption by the committee: Upon motion appropriate legislation for the adoption of certain by Delegate Crossley, seconded by Delegate Dowson, heraldic symbols: The President announced that the and carried, action on the report was deferred until report, resolution and proposal No. 14 would be Tuesday, June 13th. placed on the General Orders for consideration on Friday, June 16th. Consideration of Standing Committee Report No. 61 from the Committee on Miscellaneous Matters, Consideration of Standing Committee Report No. reporting on Proposal No. 192, “Relating to Weights 56 from the Committee on Miscellaneous Matters, and Measures,” recommending that it be placed on reporting on Proposal No. 125, “Relating to the file for the reason that it was felt that this was a Boundaries of the State of Hawaii,” recommending legislative matter and should not be included in the that it be placed on file, and consideration, on sec Constitution: Upon motion by Delegate Dowson, ond reading, of Committee Proposal No. 15, sub seconded by Delegate Noda, and carried, action on mitted therein, “Relating to State Boundaries”: The the report was deferred until Tuesday, June 13th. President announced that the report and proposal would be placed on the General Orders for considera Consideration of Standing Committee Report No. tion on Friday, June 16th. 62, from the Committee on Miscellaneous Matters, reporting on Proposal No. 100, “Relating to Distri Consideration of Standing Committee Report No. bution of Powers,”recommending that it be placed 57, from the Committee on Miscellaneous Matters, on file, and consideration, on second reading, of reporting on Proposals Nos. 72 and 123, relating to Committee Proposal No. 18, submitted therein, civtl service, recommending that said proposals be “Relating to Distribution of Power s”: The President placed on file, and consideration, on second reading, announced that the report and proposal would be of COmmittee Proposal No. 16, submitted therein, placed on the General Orders for consideration on “Relating to Civil Service”: The President announced Friday, June 16th. that the report and proposal would be placed on the General Orders for consideration on Friday, June Consideration of Standing Committee Report No. 16th. 63, from the Committee on Miscellaneous Matters, and consideration of Committee Proposal No. 19, Consideration of Standing Committee Report No. submitted therein, “Relating to Oath of Office”: 58 from the Committee on Miscellaneous Matters, The President announced that the report and proposal reporting on Proposals Nos. 101 and 130, relating would be placed on the General Orders for conhidera to intergovernmental relations, recommending that tion on Friday, June 16th. the said proposals be placed on file, and considera tion, on second reading, of Committee Proposal No. Consideration of Standing Committee Report No. 17, submitted therein, “Relating to Intergovernmen 64, reporting on Proposals Nos. 11, 39, 61, 88, 132, tal Relations”: The President announced that the re :166, 171, 172, and 173, all relating to a preamble for port and proposal would be placed on the General the Constitution, recommending the filing thereof, Orders for consideration on Friday, June 16th. and consideration, on second reading, of Committee Proposal No. 20, submitted therein, “Relating to Consideration of Standing Committee Report No. the Preamble”: The President announced that the 59 from the Committee on Miscellaneous Matters, report and proposal would be placed on the General reporting on Resolution No. 31, relating to “State Orders for consideration on Friday, June 16th. hood Day,” recommending its amendment in the form attached to the report, and consideration of Consideration of Standing Committee Report No. Resolution No. 31, in an amended form, requesting 65, from the Committee on Miscellaneous Matters, the Governor of Hawaii to proclaim a legal holiday reporting on Proposal No. 21, relating to equal rights 81 FIFTY-FIRST DAY • Tuesday, June 13, 1950 of persons of both sexes, recommending the filing of Law, reporting on Proposals No. 24, 27, 135, 136, thereof, and consideration, on second reading, of 157, 158, 177, 178, 179, 180, 181 and 183 and Com Committee Proposal No. 21, submitted therein, “Re mittee Proposal No. 5; recommending the filing lating to Equal Rights”: The President announced thereof, and consideration, on second reading, of that the report and proposal would be placed on the Committee Proposal No. 23, submitted therein, General Orders for consideration on Friday, June “Relating to Schedule on Continuity of Laws, Rights, 16th. Actions, etc.”: The President announced that the report and proposal would be placed on the General Consideration of Standing Committee Report No. Orders for consideration on Friday, June 16th. 66, from the Committee on Miscellaneous Matters, Delegate Apoliona, for the Committee on Local reporting on measures referred to the committee Government, reported orally, in the absence of and setting forth its final disposition of these pro Chairman Kauhane, requesting an extension of time, posals, resolutions and miscellaneous communica until Tuesday, June 13th, in which to file the report tions: The President announced that the report of that committee. There being no objection, the would be placed on the General Orders for considera Chair granted the request. tion on Friday, June 16th. Delegate Shimamura, for the Committee on Ordi nances and Continuity of Law, reported orally, re Consideration of Standing Committee Report No. questing an extension of time, until Tuesday, June 67, from the Committee on Executive Powers and 13th, in which to file the report of that committee. Functions, reporting on the disposition of Proposals There being no objection, the Chair granted the re Nos. 6, 20, 21, 22, 30, 88, 94, 109, 143, 145 and 176; quest. recommending that the portion of Proposal No. 6 Delegate Mau, for the Committee on Industryand not incorporated in the committee proposal submitted Labor, reported orally, requesting an extension of for introduction be referred to the Committee on time, until Wednesday, June 14th, in which to file Miscellaneous Matters; recommending that the last the report of that committee. There being no objec paragraph of Proposal No. 22, relating to continuity tion, the Chair granted the request. of incumbents in office until their successors are Delegate Heen, for the Committee on Legislative appointed and qualified, be referred to the Committee Powers and Functions, reported orally, requesting on Ordinances and Continuity of Law; recommending an extension of time, until Friday, June 16th, in that Proposal No. 30 relating to compensation of which to file the report of that committee. There holders of office be referred to the Committee on being no objection, the request was granted. Ordinances and Continuity of Law; returning Pro At this time, the President stated that no further posals Nos. 20, 21, 88, 109, 143, 145, 169 and 176 extensions of time in which to file reports should be for filing; submitting for introduction a proposal, granted after Friday, June 16th. “Relating to the Executive;” attaching minority Secretary Porteus announced that the chairman reports designated Standing Committee Report No. of the Committee on Legislative Powers and Func 67-A from Delegates Ohrt, Kage and Loper, which tions had requested that no meetings of the Commit recommended the amendment of Standing Committee tee of the Whole be held on Tuesday and Wednesday Report No. 67 in certain respects, Standing Commit evenings next week; and in order to expedite the work tee Report No. 67-B from Delegate Crossley recom of that committee, the President had agreed to this mending the establishment of an administrative ad request; and accordingly, no meetings had been judication board in certain instances in each depart scheduled by the Secretary on those two evenings. ment or office where “quasi-judicial” functions are At 8:55 o’clock a.m., upon motion by Delegate found, and further recommending that where there Dowson, seconded by Delegate Crossley, the Conven is no adjudication board there be an advisory board tion adjourned until 8:30 o’clock a.m., on Tuesday, as provided; Standing Committee Report No. 67-C June 13, 1950. from Delegate White, dissenting to the report of the Committee on Sections 3, 4, 6, 8, 9 and 10 and mak ing certain recommendations for amendment to the FIFTY-FIRST DAY • Tuesday, June 13, 1950 Committee Proposal; consideration, on second read ing, of Committee Proposal No. 22, entitled: “A The Convention convened at 8:38 o’clock a.m., Proposal Relating to the Executive”: The President with President King in the Chair. announced that Standing Committee Report No. 67 The divine blessing was invoked by Rev. Earl and Committee Proposal No. 22 would be placed on Kernahan, Pastor of the Methodist Church, Honolulu, the General Orders for consideration on Friday, in the absence of Chaplain Judd who will be out of June 16th. - the city for the balance of this week, during which time guest ministers will officiate in his place. Consideration of Standing Committee Report No. The roll was called, showing all delegates pres 68, from the Committee on Ordinances and Continuity ent, with the exception of Delegate Sakai, excused, 82 CONVENTION JOURNAL and Delegates Kido, Phillips, Smith and Woolaway ment of sections and article or articles and for form temporarily excused. The journal of the forty- for report to the Convention. ninth and fiftieth days was approved. At this time, Delegate Anthony moved that the Delegate Nielsen offered a resolution providing Convention resolve itself into a COmmittee of the that the Convention go on record recommending to Whole for the further consideration of Standing Com the Department of Public Lands, the Hawaiian Homes mittee Report No. 37 from the Committee on Judi Commission, the Governor and other officers of the ciary and Committee Proposal No. 7, entitled: “A Territory that plans be expeditiously promulgated Proposal for the Establishment of the Judiciary.” to provide for the emergency caused in the Island Seconded by Delegate Sakakihara, and carried; and of Hawaii affecting the people in the District of at 9:47 o’clock a.m., the Convention resolved itself South Kona due to the recent eruption of Mauna Loa, into a Committee of the Whole for such purpose, with and that necessary lands be made available, by trans Delegate Crossley as chairman. fer, purchase or otherwise, of equivalent value and The Committee rose and the Convention reconven usage as those destroyed by the said eruption; that ed at 12:01 o’clock p.m. every effort permissible under the territorial Delegate Crossley, for the Committee of the Whole, statutes be made to secure to these victims such to which Standing Committee Report No. 39 from the aid and confort as is possible; and that the Governor Committee on Judiciary and Committee Proposal be urged to appropriate the sum of $100,000 from No. 7 “Providing for the Establishment of the Judi his contingent fund to provide for the rehabilitation ciary” were referred, orally reported progress and of the said victims, which was read by the Clerk asked leave to sit again at 1:30 o’clock this afternoon. (see Sec. B, Res. No. 42). Delegate Nielsen moved Upon motion by Delegate Bryan, seconded by Delegate for the adoption of the resolution. Seconded by Dowson, and carried, the oral report of the commit Delegate Luiz. tee was adopted. Delegate Anthony moved that the resolution be At 12:03 o’clock p.m., upon motion by Delegate referred to the Committee on Rules and Order of Arashiro, seconded by Delegate Sakakihara, and Business. Seconded by Delegate Harold W. Rice, carried, the Convention stood in recess until 1:30 and carried; and the resolution was so thereupon o’clock this afternoon. referred. At this time, Delegate Smith moved that the Con AFTERNOON SESSION vention resolve itself into a Committee of the Whole for the further consideration of Standing Committee The Convention reconvened at 1:36 o’clock p.m., Report No. 39 from the Committee on Suffrage and with the President in the Chair and all delegates Elections and Committee Proposal No. 8, entitled: being present, with the exception of Delegates Fong, “A Proposal Relating to Suffrage and Elections.” Gilliland, Lee, Loper, Mau, Sakai, Arthur K. Trask Seconded by Harold W. Rice, and carried; and at and Wist, excused; and Delegate Silva temporat~ily 8:51 o’clock a.m., the Convention resolved itself excused. into a Committee of the Whole for such purpose, with Delegate Sakakihara moved that the Convention Delegate Dowson as chairman. resolve itself into a Committee of the Whole for the At 9:32 o’clock a.m., the committee rose and the further consideration of Standing Committee Report Convention reconvened. No. 37 from the Committee on Judiciary and Commit Delegate Dowson, for the Committee of the Whole, tee Proposal No. 7, “Establishment of the Judiciary.” orally reported progress and asked leave to sit again Seconded by Delegate Lai, and carried; and at 1:37 on Standing Committee Report No. 39 and Committee o’clock p.m., the Convention resolved itself into a Proposal No. 8. Upon motion by Delegate James K. Committee of the Whole for such purpose, with Dele Trask, seconded by Delegate Dowson, the oral report gate Crossley as chairman. of the committee was adopted. At 2:54 o’clock p.m., the committee rose and the Third reading of Committee Proposal No. 1 re Convention reconvened. lating to health and general welfare, as amended, Delegate Crossley, for the Committee of the and designated “Article X”: Delegate Wist moved Whole having under consideration Standing Commit for the adoption, on third reading, of Commit tee Report No. 37 and Committee Proposal No. 7, tee Proposal No. 1 relating to health and general orally reported progress and asked leave to sit welfare, as amended, and designated “Article X.” again to consider the written report of the Committee The motion was seconded by Delegate Yamamoto, of the Whole. Upon motion by Delegate Bryan, sec and carried, on the following shoing of ayes and onded by Delegate Dowson, and carried, the oral re noes: Ayes, 60. Noes, 1 (Ashford). Excused and port of the committee was adopted. not voting, 2 (Kido and Sakai). At this time, Delegate Richards reported orally The President announced that Proposal No. 1 as for the Committee on Agriculture, Conservation and amended, having passed third reading, would be Land, requesting that the committee be granted an referred back to the Committee on Style for arrange- extension of time, until Thursday, June 15th, in FIFTY-FIRST DAY • Tuesday, June 13, 1940 83 which to file its report. There being no objection, ing that these two paragraphs of said resolution be the President granted the request. placed on file, and that Miscellaneous Communica The President stated that it was his feeling that tion No. 26, relating to the outlawing of the Com no further extensions beyond Friday of this week munist Party, be likewise filed, a proposal already should be granted to committees for filing their re having been submitted for introduction covering ports. this subject matter (see Sec. B, Standing Corn. Rpt. At this time, Delegate Bryan moved that the Con No. 72). The report of the committee was received vention resolve itself into a Committee of the Whole and referred to the Committee on Printing for print for the further consideration of Standing Committee ing. Report No. 39 from the Committee on Suffrage and Delegate Shimamura, for the Committee on Ordi Elections and Committee Proposal No. 8, “Relating nances and Continuity of Law, presented a report, to Suffrage and Elections.” Seconded by Delegate submitting for introduction a committee proposal Charles A. Rice, and carried; and at 2:58 o’clock relating to an election ordinance (see Sec. B, Stand p.m., the Convention resolved itself into a Committee ing Corn. Rpt. No. 73). The report was received and of the Whole for such purpose, with Delegate Dowson referred to the Committee on Printing to be printed. as chairman. Delegate Shimamura, for the Committee on Ordi At 3:44 o’clock p.m., the committee rose and the nances and Continuity of Law, introduced Committee Convention reconvened. Proposal No. 25, “Relating to an Election Ordinance.” Delegate Dowson, for the Committee of the Whole The proposal passed first reading by title and was having under consideration Standing Committee Re referred to the Printing Committee for printing. port No. 39 and Committee Proposal No. 8, orally Delegate Kauhane, for the Committee on Local reported progress and asked leave to sit again to Government, submitted a report on proposals, reso consider the written report of the Committee of the lutions, petitions and standing committee reports Whole covering this proposal. Upon motion by Dele referred to the committee, recommending the filing gate Smith, seconded by Delegate Dowson, and car of Proposals Nos. 88, 94, 111, 115, 153, 167, 186, ried, the oral report of the committee was adopted. 187 and 188; the filing of Resolutions Nos. 22 and Delegate Shirnamura, for the Committee on Ordi 37; the filing of Petitions Nos. 1-3, 5-7, 14-19 and nances and Continuity of Law, presented a Report, 23-25; the filing of Standing Committee Reports Nos. reporting on Proposals Nos. 51, 154, 155, 156 and 13 and 27; the filing of Miscellaneous Communications 195, recommending that proposals therein reported Nos. 27 and 95, and all other miscellaneous matters on be placed on file for the reasons set forth in the referred to the committee, for the reasons set forth report; and submitting for introduction a committee in the report; and submitting for introduction a com proposal, with the recommendation that it pass (see mittee proposal “Relating to Local Government” Sec. B, Standing Corn. Rpt. No. 70). The report was (see Sec. B, Standing Corn. Rpt. No. 74). The report received and referred to the Committee on Printing was received and referred to the Committee on for printing. Printing for printing. Delegate Shimarnura, for the Committee on Ordi Delegate Kauhane, for the Committee on Local nances and Continuity of Law, introduced Committee Government, introduced Committee Proposal No. Proposal No. 24, “Relating to Ordinances and Con 26, “Relating to Local Government.” The proposal tinuity of Law.” The proposal passed first reading passed first reading by title and was referred to by title and was referred to the Committee on Print the Committee on Printing for printing. ing for printing. Delegate Kauhane, for the Committee on Local Delegate Shirnamura, for the Committee on Ordi Government, reported orally, requesting that Dele nances and Continuity of Law, presented a report, gate Sakat, who was absent when Standing Committee returning Miscellaneous Communication No. 88 from Report No. 74 was signed by the members of the Mr. Tony Todaro, seeking to outlaw the Communist committee, be permitted to sign the said report Party, with the recommendation that this, being a when he returned to the Convention. Upon motion matter peculiarly within the province of the Commit by Delegate Kauhane, seconded by Delegate Apoliona, tee on Suffrage and Elections, be referred to that the oral report of the committee was adopted; and committee for action (see Sec. B, Standing Corn. Delegate Sakai was thereby granted permission to Rpt. No. 71). Upon motion by Delegate Shirnamura, sign the committee report when he returns to the seconded by Delegate Kam, and carried, the report Convention. of the committee was adopted; and Miscellaneous Delegate Kauhane, for the Committee on Local Communication No. 88 was thereupon referred to Government, reported orally, requesting that the the Committee on Suffrage and Elections. members of the committee who did not concur with Delegate Shimamura, for the Committee on Ordi the report presented by the committee be permitted nances and Continuity of Law, presented a report to file a minority report. Upon motion by Delegate on paragraphs (1) and (2) of Resolution No. 19, and Kauhane, seconded by Delegate Apoliona, and car Miscellaneous Communication No. 26, recommend- ried, the oral report of the committee was adopted; 84 CONVENTION JOURNAL and the members of the committee who did not con and 195, recommending that the said proposals be cur with the report were granted permission to file placed on file, and submitting for introduction a a minority report if they so desired. committee proposal, with the recommendation that it pass: The President announced that the report Consideration, on General Orders, of Standing would be placed on the General Orders of the Day Committee Report No. 59, from the Committee on on Monday, June 19th for consideration. Miscellaneous Matters, recommending the adoption of Resolution No. 31, relating to “Statehood Day,” Consideration of Committee Proposal No. 24, as amended: Upon motion by Delegate Yamauchi, entitled: “A Proposal Relating to Ordinances and seconded by Delegate Phillips, and carried, the re Continuity of Law”: The President announced that port of the committee was adopted, thereby adopting the report would be placed on the General Orders of Resolution No. 31 in the amended form. the Day for consideration on second reading on Mon day, June 19th. Consideration, on General Orders, of Standing Committee Report No. 60, from the Committee on Consideration of Standing Committee Report No. Miscellaneous Matters, recommending the filing of 71, returning Miscellaneous Communication No. 88 Proposal No. 85, entitled: “A Proposal Relating from Mr. Tony Todaro, seeking to outlaw the Com to the State Song for Hawaii”: Upon motion by Dele munist Party, with the recommendation that it be gate Yamauchi, seconded by Delegate Phillips, and referred to the Committee on Suffrage and Elections: carried, the report of the committee was adopted; Upon motion by Delegate Ashford, seconded by Dele and Proposal No. 85 was thereupon placed on file. gate Kage, action on the report was deferred until tomorrow. Consideration, on General Orders, of Standing Committee Report No. 61, from the Committee on Consideration of Standing Committee Report No. Miscellaneous Matters, recommending the filing of 72, from the Committee on Ordinances and Continui Proposal No. 192, “Relating to Weights and Mea ty of Law, reporting on paragraphs (1) and (2) of sur es”: Upon motion by Delegate Yamau chi, second - Resolution No. 19, and Miscellaneous Communication ed by Delegate Phillips, and carried, the report of No. 26 relating to the outlawing of the Communist the committee was adopted; and Proposal No. 192 Party, recommending the filing thereof: Upon motion was thereupon placed on file. by Delegate Ashford, seconded by Delegate Kage, At 3:53 o’clock p.m., upon motion by Delegate action on the report was deferred until tomorrow. Crossley, seconded by Delegate Woolaway, and carried, the Convention adjourned until 8:30 o’clock Consideration of Standing Committee Report No. a.m., on Wednesday, June 14, 1950. 73, from the Committee on Ordinances and Continui ty of Law, submitting for introduction a committee proposal relating to an election ordinance: The FIFTY-SECOND DAY • Wednesday, June 14, 1950 President announced that the report would be placed on the General Orders of the Day for consideration The Convention convened at 8:35 o’clock a.m., on Monday, June 19th. with President King presiding. In the absence of Chaplain Judd, the opening Consideration, on second reading, of Committee prayer was offered by Counsellor of the Presi Proposal No. 25, “Relating to an Election Ordinances”~ cency of the Church of Jesus Christ of Latter The President announced that the committee propos Day Saints, Mr. Fred Lunt. al would be placed on the General Orders of the Day The roll was called showing all delegates pres for consideration on second reading on Monday, June ent, with the exception of Delegates Kellerman, 19th. Kometani and Arthur K. Trask, excused. The Chair announced that the journal of the fifty- Consideration of Standing Committee Report No. first day had not yet been approved, and that he would 74, from the Committee on Local Government, re announce its approval at tomorrow’s session. porting on proposals, resolutions, petitions, standing Delegate Silva, for the Committee on Printing, committee reports and miscellaneous communica presented a report on the printing of standing com tions referred to it, recommending the filing of mittee reports and committee proposals referred Proposals Nos. 88, 94, 111, 115, 153, 167, 186, 187 to it (see Sec. B, Standing Com. Rpt. No. 75). The and 188, the filing of Resolutions Nos. 22 and 37, the report was received and placed on file. filing of Petitions Nos. 1-3, 5-7, 14-19 and 23-25; the filing of Standing Committee Reports Nos. 13 and Consideration of Standing Committee Report No. 27; the filing of Miscellaneous Communications Nos. 70 from the Committee on Ordinances and Continuity 27 and 95, and the further filing of all other miscel of Law, reporting on Proposals Nos. 51, 154, 155, 156 laneous matters referred to the committee, and sub- FIFTY-THIRD DAY • Thursday, June 15, 1950 85 mitting for introduction a committee proposal, “Re Delegate Kauhane was excused at this time for lating to Local Government”: The Chair announced the balance of this morning’s session. that the report would be placed on the General Orders A communication from the President of the Oahu of the Day for consideration, on second reading, on Youth Council, thanking the members of the Conven Monday, June 19th. tion for their official recognition and approval of the National 1950 Boys and Girls Week in Hawaii, was Consideration, on second reading, of Committee read by the Clerk (see Sec. B, Misc. Corn. No. 102). Proposal No. 26, “Relating to Local Government”: The communication was received, to be acknowl The President announced that the committee pro edged, and placed on file. posal would be placed on the General Orders of the A communication from the recording secretary Day for consideration, on second reading, on Monday, of the International Association of Machinists, Lodge June 19th. No. 1245, recommending the inclusion of the Hawaii At this time, Delegate Mau, for the Committee on an Homes Commission Act in the state constitution, Industry and Labor, reported orally, requesting that and stating that fee simple title to the lands should an extension of time, until Thursday, June 15th, be not be given at this time because it would deprive allowed that committee in which to file its report. other Hawaiians of receiving lands that are now not There being no objection, the Chair granted the re distributed under the Act, was read by the Clerk quest. (see Sec. B, Misc. Corn. No. 103). The communica Delegate Silva, for the Committee of the Whole, tion was received, to be acknowledged, and referred to which Standing Committee Reports Nos. 20 and to the Committee on Hawaiian Homes Commission 24 of the Committee on Bill of Rights, and Commit Act. tee Proposals Nos. 3 and 4 accompanying said Delegate Wist, for the Committee on Style, pre reports, were referred, all relating to the Bill of sented a report on Committee Proposal No. 6, re Rights, reported orally that the report of the Com lating to the Hawaiian Homes Commission Act, rec mittee of the Whole covering the above subject mat ommending the amendment of the said proposal, ter had been prepared and copies were being fur and submitting the same for the consideration of the nished to the delegates, and that tomorrow he would Convention in the amended form attached (see Sec. move that the Convention resolve itself into a Com B, Standing Corn. Rpt. No. 76). Delegate Wist stated mittee of the Whole for the consideration of the said that there were but three minor changes in the com report. mittee proposal by the Committee on Style—the in 1/ At 8:51 o’clock a.m., upon motion by Delegate sertion of two commas in Section 1 and the insertion Lee, seconded by Delegate Noda, the Convention of the figure “1” in the blank space after the word adjourned until 8:30 o’clock a.m., on Thursday, June “Section” in line 6 of Section 2; and therefore moved 15, 1950. that the report of the committee be adopted and re ferred to the Committee on Printing for printing, with the amended form of Committee Proposal No. 6, FIFTY-THIRD DAY • Thursday, June 15, 1950 designated in the report as “Article XIII.” The mo tion was seconded by Delegate Okino, and carried. The Convention convened at 8:37 o’clock a.m., Delegate Silva, for the Committee on Printing, with President King in the Chair. presented a report on the printing of Standing Corn After prayer by Father Brendon Furtado of the mittee Report No. 76 from the Committee on Style Roman Catholic Diocese in Honolulu, who officiated and Committee Proposal No. 6 as amended, desig in the absence of Chaplain Judd, the roll was called nated as “Article XIII” (see Sec. B, Standing Corn. showing all delegates present, with the exception of Rpt. No. 77). The report was received, and upon Delegate Arthur K. Trask, excused on account of motion by Delegate Silva, seconded by Delegate Noda, illness. and carried, the report of the committee was adopted. The Chair announced that the journal of the fifty- first day had been approved, but stated that he would Consideration of Committee Proposal No. 6, as report on the journal of the fifty-second day at tomor amended, relating to the Hawaiian Homes Commis row’s session. sion Act: The President gave notice at this time At this time Delegate Mau, chairman of the Com that the committee proposal, as amended, would be mittee on Industry and Labor, requesting that the placed on the calendar, on General Orders, for con Convention stand in recess for a short period in sideration on third reading on Saturday, June 17th. order that the said committee might hold a meeting Delegates Silva, Sakakihara, Yamauchi, Ihara, in connection with its final report. There being no Doi, James K. Trask, Salcai, Kawahara, Hayes, Yama objection, the Chair granted the request; and at moto, Okino, Lyman, Fong and Noda offered a Reso 8:43 o’clock a.m., the Convention stood in recess, lution expressing regret at the passing of Represen subject to the call of the Chair. tative Joseph G. Andrews, a member of the House The Convention reconvened at 10:04 o’clock a.m. of Representatives of the territorial legislature 86 CONVENTION JOURNAL from the First District, Island of Hawaii, and ex Whole Report No. 5, “Relating to the Bill of Rights.” tending sympathy to his bereaved family (see Sec. Seconded by Delegate Kellerman, and carried; and B, Res. No. 43). Delegate Sakakihara moved that at 10:27 o’clock a.m., the Convention resolved itself the resolution be adopted by a rising vote, and that into a Committee of the Whole for such purpose, when the Convention adjourns today it does so out with Delegate Richards as chairman. of respect to the memory of the late Joseph G. An At 11:00 o’clock a.m., the committee rose and the drews. The motion was seconded by Delegate Silva Convention reconvened. Delegate Richards, for the and carried unanimously by a rising vote. Committee of the Whole, having under consideration At this time, Delegate Silva moved that the Con Committee of the Whole Report No. 5, relating to vention resolve itself into a Committee of the Whole the Bill of Rights, reported orally recommending the for the further consideration of Standing Committee adoption of Committee of the Whole Report No. 5 Reports Nos. 20 and 24 from the Committee on Bill with certain amendments, and further recommending of Rights and Committee Proposals Nos. 3 and 4 ac that the chairman be granted an opportunity to file companying said reports, all relating to the Bill of a supplementary written report later embodying these Rights. Seconded by Delegate Sakakihara, and car amendments. Upon motion by Delegate James K. ried; and at 10:01 o’clock a.m., the Convention re Trask, seconded by Delegate Crossley, and carried, solved itself into a Committee of the Whole for such the oral report of the committee was adopted, a writ purpose, with Delegate Silva as chairman. At 10:13 ten supplementary report embodying these amend o’clock a.m., the committee rose and the Convention ments to be filed later. reconvened. Committee of the Whole Report No. 5, as amended, Delegate Silva, for the Committee of the Whole was thereby adopted; and Committee Proposal No. 3 having under consideration Standing Committee Re as amended passed second reading. The President ports Nos. 20 and 24 from the Committee on Bill of thereupon referred the committee proposal as Rights and Committee Proposals Nos. 3 and 4 ac amended, to the Committee on Style for considera companying said reports, all relating to the Bill of tion as to phraseology only and report within five Rights, presented a report recommending: (1) that convention days. Committee Proposals Nos. 3 and 4 be combined in one proposal, to be numbered Committee Proposal Consideration of Standing Committee Report No. No. 3, with the amendments as set forth in said 47 from the majority of the Committee on Revision, amended article thereto attached; (2) that Standing Amendments, Initiative, Referendum and Recall, Committee Reports Nos. 20 and 24 be filed; and recommending against the inclusion of statutory (3) that, as so amended, said Committee Proposal initiative, referendum and recall in the Constitution; No. 3 pass second reading (see Sec. B, Com. of Standing Committee Report No. 48, submitting Com Whole Rpt. No. 5). mittee Proposal No. 9, “Relating to Revision and Delegate Silva moved that the report of the Amendments;” and Standing Committee Report No. Committee of the Whole be adopted. Seconded by 49 from the minority of the Committee on Revision, Delegate Sakakihara, and carried. Delegate Tavares Amendments, Initiative, Referendum and Recall, moved that the Convention reconsider its action recommending that Committee Proposal No. 9 be in adopting Committee of the Whole Report No. 5, amended to include the amended form of the proposal and that the said report be referred back to the attached to the report: Delegate Fukushima moved Committee of the Whole for further consideration. that Standing Committee Reports Nos. 47, 48 and 49 Seconded by Delegate Kellerman, and carried, on a be referred to the Committee of the Whole for con showing of hands. sideration. Seconded by Delegate Lai, and carried. At this time, Delegate Silva, who had been appoint ed chairman of the said Committee of the Whole Consideration of Committee Proposal No. 9, when it was considering Standing Committee Reports “Relating to Revision and Amendments”; Upon Nos. 20 and 24 and Committee Proposals Nos. 3 and motion by Delegate Fukushima, seconded by Dele 4, asked to be excused from presiding and asked gate Lai, and carried, the proposal was referred to that the President appoint another chairman to pre the Committee of the Whole. President King there side over the Committee of the Whole when it con upon appointed Delegate Okino as chairman of the venes to further consider Committee of the Whole said Committee of the Whole. Report No. 5 reporting on the above standing com At this time, Delegate Fukushima moved that the mittee reports and committee proposals. Convention resolve itself into a Committee of the Accordingly, the President appointed Delegate Whole for the consideration of the said standing Richards as chairman of the Committee of the Whole committee reports and the said committee proposal. considering Committee of the Whole Report No. 5. Seconded by Delegate Lai, and carried, and at 11:06 Delegate Tavares thereupon moved that the Con o’clock a.m., the Convention resolved itself into a vention resolve itself into a Committee of the Whole Committee of the Whole for such purpose, with Dele for the further consideration/of Committee of the gate Okino as chairman. FIFTY-THIRD DAY • Thursday, June 15, 1950 87 At 12:00 o’clock noon, the committee rose and the At this time, Delegate Okino moved that the Con Convention reconvened. vention resolve itself into a Committee of the Whole Delegate Okino, for the Committee of the Whole, for the further consideration of Standing Committee having under consideration Standing Committee Re Reports Nos. 47, 48 and 49, and Committee Proposal ports Nos. 47, 48 and 49 and Committee Proposal No. No. 9, “Relating to Revision and Amendments.” 9, “Relating to Revision and Amendments,” orally Seconded by Delegate Lai, and carried; and at 1:41 reported progress and asked leave to sit again at o’clock p.m., the Convention resolved itself into a 1:30 o’clock this afternoon. Upon motion by Delegate Committee of the Whole for the further considera Dowson, seconded by Delegate Okino, and carried, tion of said standing committee reports and said the oral report of the Committee was adopted. committee proposal, with Delegate Okino as chair At 12:01 o’clock p.m., upon motion by Delegate man. Kam, seconded by Delegate Serizawa, and carried, At 4:15 o’clock p.m., the committee rose and the the Convention stood in recess until 1:30 o’clock Convention reconvened. this afternoon. Delegate Okino, for the Committee of the Whole, having under consideration Standing Committee Re AFTERNOON SESSION ports Nos. 47, 48 and 49 and Committee Proposal No. 9, orally reported progress and asked leave to The Convention reconvened at 1:39 o’clock p.m., sit again. Upon motion by Delegate Okino, seconded with the President presiding, and all members being by Delegate Sakakihara, and carried, the oral report present with the exception of Delegates Arashiro, of the committee was adopted. Gilliland, Kometani, Mizuha, Phillips and Arthur K. Delegate Richards, for the Committee of the Trask, excused. Whole to which, upon reconsideration, had been re Delegate Richards, for the Committee on Agri ferred Committee of the Whole Report No. 5, pre culture, Conservation and Land, presented a report sented a report recommending the amendment of on Proposals Nos. 18, 41, 53, 54, 67, 91, 99, 103, said report in certain respects, and recommending 107, 108, 114, 116, 121, 127, 134, 168 and Resolution the adoption of the said Committee of the Whole Re No. 33, recommending the filing thereof with the port No. 5, as amended by this supplementary report exception of Proposal No. 53, which was referred to (see Sec. B, Com. of Whole Rpt. No. 6). Upon mo the Committee on Miscellaneous Matters, and sub tion by Delegate Heen, seconded by Delegate Richards, mitting for introduction a committee proposal, with and carried, the report of the Committee was adopt the recommendation that with the passage on first ed. reading by the filing thereof, that it pass second Delegate Mau, for the Committee on Industry and reading (see Sec. B, Standing Com. Rpt. No. 78). Labor, presented a report on proposals and miscel The report was received and referred to the Com laneous communications referred to it, recommend mittee on Printing for printing. ing the filing of the following: Section 4 of Proposal Delegate Richards, for the Committee on Agricul No. 4, Proposals Nos. 25 and 29, Section 20 of Pro ture, Conservation and Land, introduced Committee posal No. 97 and Proposal No. 191, and Miscellaneous Proposal No. 27, “Relating to Agriculture and Natu Communications Nos. 5 and 7; submitting for intro ral Resources.” The proposal passed first reading duction a committee proposal “Relating to Right of by title and was referred to the Printing Committee. Persons to Organize,” and attaching “Appendix No. 1,” being a “Statement in Support of the Majority Consideration of Standing Committee Report No. that ‘The Right to Organize and Bargain Collectively’ 72, from the Committee on Ordinances and Continui should be included in the Constitution of the new ty of Law, returning Resolution No. 19 with the re State of Hawaii” and “Appendix No. 2,” being “Mino commendation that paragraphs 1 and 2 thereof, which rity Report on Action of Committee on Industry and were referred to this committee, be placed on file, Labor Recommending Inclusion in the Constitution for the reasons set forth in the report; and returning a Proposal Relating to Right of Persons to Organize” Miscellaneous Communication No. 26 from the Hono (see Sec. B, Standing Corn. Rpt. No, 79). The report lulu Post No. 1540 of the Veterans of Foreign Wars was received and referred to the Committee on of the United States, relating to the outlawing of the Printing for printing. Communist Party and any and all organizations ad Delegate Mau, for the Committee on Industry and vocating the overthrow, by force and violence, of Labor, introduced committee proposal No. 28, “Re the government, with the recommendation that it be lating to Right of Persons to Organize.” The propos placed on file, deferred from yesterday: Upon mo al passed first reading by title and was referred to tion by Delegate Silva, seconded by Delegate Shirna the Committee on Printing for. printing. mura, and carried, the report of the committee was Delegate Mau, chairman of the Committee on adopted, and paragraphs 1 and 2 of Resolution No. Industry and Labor, stated that he felt the monority 19 and Miscellaneous Communication No. 26 were of that committee should be permitted to file a .mi thereupon placed on file. nority report if they so desired. The Chair stated 88 CONVENTION JOURNAL that this monority report should be presented Nos. 25 and 29, Section 20 of Proposal No. 97 and promptly if it is to be filed. Proposal No. 191, and Miscellaneous Communications At 4:22 o’clock p.m., upon motion by Delegate Nos. 5 and 7; submitting for introduction a committee Noda, seconded by Delegate Sakakihara, and carried, proposal “Relating to Right of Persons to Organize,” the Convention adjourned out of respect to the memo and attaching Appendix No. I, being a “Statement ry of the late Representative Joseph G. Andrews, in Support of the Majority that ‘The Right to Orga until 8:30 o’clock a.m., on Friday, June 16, 1950. nize and Bargain Collectively’ should be included in the Constitution of the new State of Hawaii” and “Appendix No. 2,” being “Minority Report on Action FIFTY-FOURTH DAY • Friday, June 16, 1950 of Committee on Industry and Labor Recommending Inclusion in the Constitution a Proposal Relating to The Convention convened at 8:34 o’clock a.m., Right of Persons to Organize”: The President with President King presiding. announced that the report would be placed on the In the absence of Chaplain Judd, the divine bless General Orders of the Day for consideration on ing was invoked by Canon Anson Stokes of St. Wednesday, June 21st. Andrews Episcopal Cathedral. The roll was called showing all delegates present, with the exception of Delegates Mizuha, Phillips and Consideration, on second reading, of Committee Arthur K. Trask, excused, and Delegate Arashiro Proposal No. 28, “Relating to Right of Persons to temporarily excused. Organize”: The President announced that the com The President announced that the journal of the mittee proposal would be placed on the General Or fifty-second day had been approved, and stated that ders of the Day for second reading on Wednesday, he would report tomorrow on the journal of the fifty- June 21st. third day. Delegate SUva, for the Committee on Printing, Consideration of Standing Committee Reports Nos. presented a report on the printing of Standing Com 47, 48 and 49 and Committee Proposal No. 9, from mittee Report No. 78 and Committee Proposal No. the Committee on Revision, Amendments, Initiative, 27 and Standing Committee Report No. 79, and Com Referendum and Recall: Delegate Sakakihara moved mittee Proposal No. 28 (see Sec. B, Standing Com. that the Convention resolve itself into a Committee Rpt. No. 80). The report was received and placed of the Whole for the further consideration of said on file. Standing Committee Reports Nos. 47, 48 and 49, and said Committee Proposal No. 9. Seconded by Dele Consideration of Standing Committee Report No. gate Fukushima, and carried; and at 8:39 o’clock 78, from the Committee on Agriculture, Conserva a.m., the Convention resolved itself into a Commit tion and Land, reporting on Proposals Nos. 18, 41, tee of the Whole for such purpose, with Delegate 53, 54, 67, 91, 99, 103, 107, 108, 114, 116, 121, 127, Okino as chairman. 134, 168 and Resolution No. 33, recommending the At 12:02 o’clock p.m., the committee rose and the filing thereof, with the exception of Proposal No. 53, Convention reconvened. which was referred to the Committee on Miscellane Delegate Arashiro, who had been temporarily ex ous Matters, and submitting for introduction a com cused from this morning’s session, was in attendance mittee proposal, with the recommendation that with at this time; and the President announced that he had the passage on first reading by the filing thereof, excused Delegates Fong and Noda to attend a meeting it pass second reading: The President announced of the Legislative Holdover Committee, and they, that the report would be placed on the General Or therefore, were not present when the Convention re ders of the Day for consideration on Wednesday, convened at this time. June 21st. Delegate Okino, for the Committee of the Whole, having under consideration Standing Committee Re Consideration, on second reading, of Committee ports Nos. 47, 48 and 49 and Committee Proposal Proposal No. 27, “Relating to Agriculture and Na No. 9, orallyreported progress and asked leave to tural Resources”: The President announced that sit again in order that a written report might be the committee proposal would be placed on the Gen prepared covering the recommendations of the Com eral Orders of the Day for second reading on Wed mittee of the Whole. Upon motion by Delegate Lee, nesday, June 21st. seconded by Delegate Fukushima, and carried, the oral report of the committee was adopted. Consideration of Standing Committee Report No. At 12:03 o’clock p.m., upon motion by Delegate 79, from the Committee on Industry and Labor, re Apoliona, seconded by Delegate Crossley, and car porting on proposals and miscellaneous Communi ried, the Convention stood in recess until 1:30 o’clock cations referred to it, recommending the filing of this afternoon, at which time the Convention will the following: Section 4 of Proposal No. 4, Proposals take up the consideration of Standing Committee Re- FIFTY-FIFTH DAY • Saturday, June 17, 1950 89 port No. 52 and Committee Proposal No. 11, from 17, 62 and 18, 63 and 19, 64 and 20, 65 and 21. the Committee on Education. Monday, June 19: (From Committee on Taxation and Finance) Stand. Com. Rpt. No. 51 and Committee Pro AFTERNOON SESSION posal No. 10. Tuesday, June 20: (From Committee on Executive The Convention reconvened at 1:39 o’clock p.m., Powers and Functions) Stand. Com. Rpts. Nos. 67, with the President in the Chair and a quorum being 67-A, 67-B and 67-C and Committee Proposal No. present. 22. Delegate Luiz, for the minority of the Committee Friday, June 23: (From Committee on Ordinances on Industry and Labor, presented a report objecting & Continuity of Law) Stand. Corn. Rpt. No. 68 and to the language of the final proposal attached to the Committee Proposal No. 23. majority report of the said committee and recom mending the amendment of said proposal with res The President also announced that consideration pect to the right of employees to organize (see Sec. of Standing Committee Reports Nos. 70 and 73 and B, Standing Corn. Rpt. No. 81). The report was re Committee Proposals Nos. 24 and 25, from the Com ceived and referred to the Committee on Printing mittee on Ordinances and Continuity of Law, set for for printing. Monday, June 19th, would be considered on Friday, June 23rd; that Standing Committee Report No. 74 -~ Consideration of Standing Committee Report No. and Committee Proposal No. 26, from the Committee 52 from the Committee on Education and Committee on Local Government, set for Monday, June 19th, Proposal No. 11 “Relating to Education”: Delegate would be considered on Friday, June 23rd; that Loper moved that Standing Committee Report No. consideration of Standing Committee Report No. 79 52 and Committee Proposal No. 11 be referred to and Committee Proposal No. 28, from the Committee the Committee of the Whole. Seconded by Delegate on Industry and Labor, set for Wednesday, June 2 1st, James K. Trask, and carried. would be deferred until Thursday, June 22nd. Delegate Loper thereupon moved that the Conven At 3:19 o’clock p.m., upon motion by Delegate tion resolve itself into a Committee of the Whole for Woolaway, seconded by Delegate Charles A. Rice, the consideration of Standing Committee Report No. and carried, the Convention adjourned until Saturday, 52 and Committee Proposal No. 11 from the Commit June 17, 1950 at 8:30 o’clock a.m. tee on Education. Seconded by Delegate James K. Trask, and carried. The President appointed Delegate Fukushima as chairman of said Committee of the Whole; and at FIFTY-FIFTH DAY • Saturday, June 17, 1950 1:41 o’clock p.m., the Convention resolved itself into a Committee of the Whole for such purpose, The Convention convened at 8:35 o’clock a.m., with Delegate Fukushima as chairman. with President King in the Chair. At 3:16 o’clock p.m., the committee rose and the The Reverend R. Goodwin of the Waikiki Baptist Convention reconvened. Chapel, offered the opening prayer, in the absence Delegate Fukushima, for the Committee of the of Chaplain Judd. Whole, having under consideration Standing Commit The roll was called, showing all delegates pres tee Report No. 52 and Committee Proposal No. 11 ent, with the exception of Delegates GillUand, Kome from the Committee on Education, orally reported tani, Mizuha and Silva, excused. progress and asked leave to sit again. Upon motion The Chair announced that the journal of the fifty- by Delegate James K. Trask, seconded by Delegate third day had been approved, and that he would report Bryan, and carried, the oral report of the committee on the journal of the fifty-fourth day on Monday. was adopted. Delegate Heen, for the Committee on Legislative At this time, the President announced that he was Powers and Functions, reported orally, requesting having prepared for circulation to the delegates a that the committee be granted an extension of time, balance sheet showing the balance of funds on hand, until Monday, June 19th, in which to file its report. estimated as of June 30th, at a little under $5,000. There being no objection, the Chair granted the re Therefore, it was very important that the work of quest. the Convention be expedited as much as possible, The President announced that all other matters and to that end, he felt that it would be necessary, on the calendar for today, which had not been dis beginning with next week, to have sessions of the posed of due to lack of time, would be deferred for Convention throughout each day—morning, afternoon consideration as follows: and evening. Saturday, June 17: (From Committee on Miscella Delegate Noda, on behalf of Delegate Silva, pre neous Matters) Stand. Corn. Rpts. Nos. and Committee sented a report on the printing of Standing Commit Proposals Nos. (respectively): 53 and 12, 54 and 13, tee Report No. 81 (see Sec. B, Standing Com. Rpt. 55 and 14 and Res. 29, 56 and 15, 57 and 16, 58 and No. 82). The report was received and placed on file. 90 CONVENTION JOURNAL Consideration of Standing Committee Report No. Act, as amended, and designated “Article XIII.” 81, from the minority of the Committee on Industry Seconded by Delegate Sakakihara, and carried. and Labor, objecting to the language of the final Third reading of Committee Proposal No. 6, re proposal attached to the report of the majority of lating to the Hawaiian Homes Commission Act, as said committee, and recommending the amendment amended, and designated “Article XIII”: Dele of said proposal with respect to the right of employ gate Hayes moved for the adoption, on third reading, ees to organize: The President announced that the of Committee Proposal No. 6, as amended, relating report would be placed on the General Orders of to the Hawaiian Homes Commission Act, and desig the Day on Thursday, June 22nd; and stated that it nated “Article XIII.” The motion was seconded would be considered at the time the majority report by Delegate Arthur K. Trask, and carried, on the of the committee is before the Convention for con following showing of ayes and noes: Ayes, 54. Noes, sideration. 1 (Ashford). Excused and not voting, 6 (Crossley, Delegate Been, for the Committee on Legislative Gilliland, Kometani, Mizuha, Silva and Smith). Ab Powers and Functions, presented a report returning sent at roll call, 2 (Fong and Kauhane). The Presi Proposal No. 69, “Relating to Legislative Powers dent announced that the committee proposal, as and Functions,” and Proposal No. 175, “Relating to amended, having passed third reading, would be re Legislative Powers and Functions,” with the recom ferred back to the Committee on Style for arrange mendation that they be referred to the Committee on ment of sections and article or articles and for Agriculture, Conservation and Land for considera form, for report to the Convention. tion (see Sec. B, Standing Corn. Rpt. No. 83). Upon Delegate Hayes, chairman of the Committee on motion by Delegate Been, seconded by Delegate Hawaiian Homes Commission Act, hereupon rose, Hayes, and carried, the report of the committee was on a point of personal privilege to express the ap adopted; Proposals Nos. 69 and 175, “Relating to preciation of the committee and of herself, as its Legislative Powers and Functions,” were referred chairman, for the assistance rendered the committee to the Committee on Agriculture, Conservation and by the delegates at the time of the hearings on the Land. subject matter of Committee Proposal No. 6. Delegate Sakakihara, for the minority of the Com At this time, Delegate Lee moved that the Conven mittee on Local Government, presented a report tion again resolve itself into a Committee of the recommending certain amendments to Committee Whole for the further consideration of Standing Com Proposal No. 26 from the majority df the said Com mittee Report No. 52 and Committee Proposal No. 11, mittee (see Sec. B, Standing Com. Rpt. No. 84). The from the Committee on Education. Seconded by Dele report was received and referred to the Committee gate Loper, and carried; and at 10:40 o’clock a.m., on Printing for printing. the Convention resolved itself into a Committee of the Whole, with Delegate Fukushima as chairman, At this time, Delegate Loper moved that the Con vention resolve itself into a Committee of the Whole for the further consideration of said standing com mittee report and said committee proposal. for the further consideration of Standing Committee At 12:24 o’clock p.m., the committee rose and the Report No. 52 and Committee Proposal No. 11, from Convention reconvened, with Vice-President Charles the Committee on Education. Seconded by Delegate Wist, and carried; and at 8:46 o’clock a.m., the Con A. Rice in the Chair. vention resolved itself into a Committee of the Whole Delegate Fukushima, for the Committee of the for such purpose, with Delegate Fukushima as chair Whole, having under consideration Standing Commit man. At 10:31 o’clock a.m., the committee rose and tee Report No. 52 and Committee Proposal No. 11, the Convention reconvened. from the Committee on Education, orally reported progress and asked leave to sit again. Upon motion Delegate Fukushima, for the Committee of the by Delegate Dowson, seconded by Delegate Harold W. Whole, having under consideration Standing Commit Rice, and carried,the oral report of the committee tee Report No. 52 and Committee Proposal No. 11, was adopted. “Relating to Education,” orally reported progress At 12:25 o’clock p.m., upon motion by Delegate and asked leave to sit again. Upon motion by Dele Porteus, seconded by Delegate Holroyde, and car gate Dowson, seconded by Delegate James K. Trask, ried, the Convention adjourned until 8:30 o’clock and carried, the oral report of the committee was a.m., on Monday, June 19, 1950. adopted. The Chair announced at this time that Delegates Crossley and Smith had been excused for the balance FIFTY-SIXTH DAY • Monday, June 19, 1950 of today’s session. At this juncture, Delegate Wist moved that the The Convention convened at 8:34 o’clock a.m., rules be suspended, and that the Convention take up with President King presiding. at this time the third reading of Committee Proposal The divine blessing was invoked by Chaplain Judd, No. 6, relating to the Hawaiian Homes Commission after which the roll was called showing all delegates FIFTY-SIXTH DAY • Monday, June 19, 1950 91 present. The journal of the fifty-fourth and fifty At 11:59 o’clock a.rn., upon motion by Delegate fifth days was approved. Apoliona, seconded by Delegate Sakakihara, and At this time, Delegate Hayes moved that the Con carried, the Convention stood in recess until 1:30 vention resolve itself into a Committee of the Whole o’clock this afternoon. for the consideration of Standing Committee Report No. 52 from the Committee on Education and Com AFTERNOON SESSION mittee Proposal No. 11. Seconded by Delegate Lee, and carried; and at 8:38 o’clock a.m., the Convention The Convention reconvened at 1:33 o’clock p.m., resolved itself into a Committee of the Whole for with Vice-President Woolaway in the Chair, and a such purpose with Delegate Fukushima as chairman. quorum being present. At 10:50 o’clock a.m., the committee rose, and the At this time, Delegate Crossley moved that the Convention reconvened. Convention recess at 4:00 o’clock this afternoon and Delegate Fukushima, for the Committee of the reconvene at 7:00 o’clock this evening. Seconded Whole, having under consideration Standing Commit by Delegate Harold W. Rice. Delegate Heen moved tee Report No. 52 from the Committee on Education, that the motion be amended to recess at 3:30 o’clock and Committee Proposal No. 11, “Relating to Educa this afternoon, instead of 4:00 o’clock in order that tion,” orally reported progress and asked leave to the Committee on Legislative Powers and Functions sit again, and further requested the chairman of might meet at 3:30 o’clock. The amendment was the Committee of the Whole be given a few days in seconded by Delegate Dowson, and carried. The which to prepare the written report on this subject Chair thereupon put the motion, as amended, which matter. Upon motion by Delegate Dowson, seconded was carried. by Delegate Porteus, and carried, the oral report of At 1:36 o’clock p.m., upon motion by Delegate the committee was adopted. Crossley, seconded by Delegate Dowson, and car ried, the Convention resolved itself into a Commit Consideration of Standing Committee Report No. tee of the Whole for the further consideration of 51, from the Committee on Taxation and Finance, Standing Committee Report No. 51 and Committee making recommendations with respect to (1) a finan Proposal No. 10, “Relating to Public Finance and cial organization for the State of Hawaii and (2) sub Taxation,” with Delegate Lee as chairman. mitting for introduction a committee proposal relat The Committee rose at 3:24 o’clock p.m., and ing to public finance and taxation; and consideration the Convention reconvened with President King in of Committee Proposal No. 10, “Relating to Public the Chair. Finance and Taxation,” deferred from June 16th: Delegate Lee, for the Committee of the Whole, Delegate White moved that the standing committee having under consideration Standing Committee Re report and the committee proposal be referred to the port No. 51 from the Committee on Taxation and Committee of the Whole. Seconded by Delegate Lai, Finance, and Committee Proposal No. 10, “Relating and carried. to Public Finance and Taxation,” orally reported progress and asked leave to sit again. Upon motion At this time, Delegate White moved that the Con by Delegate Dowson, seconded by Delegate Bryan, vention resolve itself into a Committee of the Whole and carried, the oral report of the committee was for the consideration of Standing Committee Report adopted. No. 52 and Committee Proposal No. 10, “Relating A communication from the President of the Coun to Public Finance and Taxation.” Seconded by Dele cil of Hawaiian Homesteaders, Honolulu, inviting gate Lai, and carried. the delegates, each with one guest, to attend an The President thereupon appointed Delegate Lee “appreciation luau” to be held in their honor at the as chairman of said Committee of the Whole; and Papakolea Community Hall on Saturday, June 24th, at 10:52 o’clock a.m., the Convention resolved itself at 3:00 p.m., and further expressing gratitude for into a Committee of the Whole for such purpose, the action of the Convention in including the Hawaii with Delegate Lee as chairman. an Homes Commission Act provision in the State At 11:48 o’clock a.m., the committee rose, and Constitution, was read by the Clerk (see Sec. B, the Convention reconvened with Vice-President Misc. Corn. No. 104). The communication was re Woolaway in the Chair. ceived, to be acknowledged, and thereafter placed Delegate Lee, for the Committee of the Whole, on file. having under consideration Standing Committee Re A communication from the Karneharneha Lions port No. 51 and Committee Proposal No. 10, “Re Club, in the form of a Resolution requesting that lating to Public Finance and Taxation,” orally re cognizance be taken of the tremendous increase in ported progress and asked leave to sit again. Upon the population of this territory, making the problem motion by Delegate Dowson, seconded by Delegate of land ownership more acute, and stating that it Crossley, and carried, the oral report of the commit was the sense of that body, that the spirit of the tee was adopted. Organic Act should be carried out to a greater de 92 CONVENTION JOURNAL gree than heretofore, and that the Constitution for Delegate Silva, for the Committee on Printing, the State of Hawaii should include the principles presented a report on the printing of Standing Com embodied in the Organic Act as a provision of said mittee Report No. 84 (see Sec B, Standing Corn. Rpt. constitution and a direction to the legislature of the No. 86). The report was received and placed on file. proposed State of Hawaii, was read by the Clerk (see Sec. B, Misc. Corn. No. 105). The communica Consideration of Standing Committee Report No. tion was received, to be acknowledged, and a copy 84 from the minority of the Committee on Local thereof referred to the Committee on Agriculture, Government, recommending certain amendments to Conservation and Land for the information of its Committee Proposal No. 26 from the majority of members. the said committee: The President announced that A communication fi~om the Chairman of the Joint the report would be placed on the General Orders Tax Study Commission inclosing a statement rela of the Day for consideration on Friday, June 23rd, tive to debt limitation clause in the constitution, and with the report of the majority of the Committee asking consideration thereof, with copies for each on Local Government. of the Delegates, was read by the Clerk (see Sec. B, Delegate Kauhane, chairman of the Committee on Misc. Corn. No. 106). The communication was re Local Government, stated that Delegate Phillips ceived, to be acknowledged, and, upon motion by also wished to file a minority report relating to Com Delegate Woolaway, seconded by Delegate Wirtz, mittee Proposal No. 26 from the majority of the said and carried, referred to the Committee of the Whole committee. having under consideration the subject matter re The Chair stated that there was no objection to lated to this statement. such a minority report being submitted, provided that Delegate Richards, for the Committee on Agricul it did not impede the work of the Convention and if ture, Conservation and Land, presented a report it proposed an amendment to the committee proposal recommending that Proposals Nos. 69 and 175, both introduced by the majority of the committee, which entitled: “A Proposal Relating to Legislative Po would obviate the necessity of it lying on the table for wers and Functions,” be placed on file, for the rea four convention days alter being printed. son set forth in the report (see Sec. B, Standing Corn. Delegate Heen, for the Committee on Legislative Rpt. No. 85). Upon motion by Delegate Richards, Powers and Functions, reported orally, requesting seconded by Delegate Bryan, and carried, the re an extension of time, until Thursday, June 22nd, in port of the committee was adopted; and Proposals which to file the report of that committee. There Nos. 69 and 175 were placed on file. being no objection, the Chair granted such extension. Upon motion by Delegate Anthony, seconded by The Chair announced that as it had not been possi Delegate Heen the Convention stood in recess at ble to complete today’s calendar, the standing com 3:31 o’clock p.m., until 7:30 o’clock tonight. mittee reports and committee proposals and Resolu tion No. 29 from the Committee on Miscellaneous Matters, set thereon for consideration would be EVENING SESSION deferred until tomorrow. The Convention reconvened at 7:34 o’clock p.m., At 10:25 o’clock p.m., upon motion by Delegate with the President in the Chair and a quorum being Woolaway, seconded by Delegate Noda, and carried, present. the Convention adjourned until 8:30 o’clock a.m., Delegate White at this time moved that the Con on Tuesday, June 20, 1950. vention resolve itself into a Committee of the Whole for the further consideration of Standing Committee Report No. 51 from the Committee on Taxation and FIFTY-SEVENTH DAY • Tuesday, June 20, 1950 Finance and Committee Proposal No. 10, “Relating to Public Finance and Taxation.” Seconded by Dele The Convention convened at 8:39 o’clock a.m., gate Apoliona, and carried; and at 7:35 o’clock p.m., with President King presiding. the Convention resolved itself into a Committee of After prayer by Chaplain Judd, the roll was the Whole for such purpose, with Delegate Lee as called showing all delegates present, with the ex chairman. ception of Delegates Phillips, Sakai and Wirtz, At 10:19 o’clock p.m., the committee rose and excused, and Delegates Kometani and Nielsen, the Convention reconvened. temporarily excused. Delegate Lee, for the Committee of the Whole, The Chair stated that he had not yet read the having under consideration Standing Committee Re journal of the fifty-sixth day, and would report on port No. 51 and Committee Proposal No. 10, orally it tomorrow. reported progress and asked leave to sit again. At this time, Delegate White, chairman of the Upon motion by Delegate Lee, seconded by Delegate Committee on Taxation and Finance, moved that Kido, and carried, the oral report of the committee further consideration of Standing Committee Report was adopted. No. 51 and Committee Proposal No. 10 from the FIFTY-SEVENTH DAY • Tuesday, June 20, 1950 93 Committee on Taxation and Finance, be deferred At 4:13 o’clock p.m., upon motion by Delegate until a later date, in order that some additional data Woolaway, seconded by Delegate Noda, and carried, might be secured in connection therewith. Seconded the Convention stood in recess until 7:30 o’clock by Delegate Lai, and carried. tonight. Delegate White moved that the Convention at this time take up the consideration of Standing Committee EVENING SESSION Report No. 44 pending before the Convention for dis position, which had previously been deferred to be The Convention reconvened at 7:38 o’clock p.m., taken up with Standing Committee Report No. 51 with the President in the Chair and a quorum being from the Committee on Taxation and Finance. The present. motion was seconded by Delegate Lai, and carried. At this time, Delegate Kometani moved that the Convention resolve itself into a Committee of the Consideration of Standing Committee Report No. Whole for the further consideration of Standing Com 44, from the Committee on Taxation and Finance, mittee Report No. 39 from the Committee on Suffrage and Elections, and Committee Proposal No. 8, “Re reporting on the disposition of various proposals lating to Suffrage and Elections.” Seconded by Dele referred to it, and recommending that Proposals gate Sakakihara, and carried; and at 7:39 o’clock Nos. 7, 13, 73, 74, 75, 76, 77, 78, 79, 80, 81, Arti p.m., the Convention resolved itself into a Committee cle VI of Proposal 88, Proposals Nos. 129, 140 and of the Whole for such purpose, with Delegate Dowson 141 and Committee Proposal No. 2 be placed on file, in the Chair. previously deferred: Upon motion by Delegate White, At 7:42 o’clock p.m., the committee rose and the seconded by Delegate Lai, and carried, the report of Convention reconvened. the committee was adopted; and the above enumerated Delegate Dowson, for the Committee of the Whole, proposals were thereupon placed on file for the rea presented a report on Standing Committee Report sons set forth in the report. No. 39 and Committee Proposal No. 8, relating to suffrage and elections, recommending that Standing Consideration of Standing Committee Report No. Committee Report No. 39 and the recommendations 67 with Standing Committee Reports Nos. 67-A, thereof be adopted, except as, and to the extent that, 67-B and 67-C attached and Committee Proposal the same may be inconsistent with the provisions and No. 22, from the Committee on Executive Powers recommendations of this report of the Committee of and Functions: Delegate Lee moved that the said the Whole; and that Committee Proposal No. 8 be reports and said committee proposal be referred amended as set forth in the redraft thereof attached to the Committee of the Whole for consideration. to the report; and recommending that, as so amended, Seconded by Delegate Sakakihara, and carried. it pass second reading (see Sec. B, Com. of Whole Delegate Lee thereupon moved that the Convention Rpt. No. 7). resolve itself into a Committee of the Whole at this Upon motion by Delegate Dowson, seconded by time for the consideration of said reports and said Delegate Kometani, and carried, the report of the committee proposal. Seconded by Delegate Sakaki - committee was adopted; and Committee Proposal hara, and carried. No. 8, as amended, passed second reading. The The President appointed Delegate Bryan as chair President thereupon referred the committee propos man of the said Committee of the Whole; and at al as amended, to the Committee on Style for con 8:46 o’clock a.m., the Convention resolved itself sideration as to phraseology only and report within into a Committee of the Whole for the consideration five convention days, and further ordered that the of Standing Committee Report No. 67 with Standing report of the committee be printed. Committee Reports Nos. 67-A, 67-B and 67-C Delegate Silva, for the Committee on Printing, attached, and Committee Proposal No. 22, with Dele presented a report on the printing of Committee gate Bryan as chairman. of the Whole Report No. 7 with attached Committee The committee rose at 4:10 o’clock p.m., and the Proposal No. 8 as amended (see Sec. B, Standing Convention reconvened. Com. Rpt. No. 87). The report was received and Delegate Bryan, for the Committee of the Whole, placed on file. having under consideration Standing Committee Re Delegate Wist, for the Committee on Style, pre port No. 67 with Standing Committee Reports Nos. sented a report on Committee Proposal No. 3, re 67-A, 67-B and 67-C attached, and Committee Pro lating to the Bill of Rights, recommending the amend posal No. 22, from the Committee on Executive ment of the said proposal, and submitting the same Powers and Functions, orally reported progress and for the consideration of the Convention in the amended asked leave to sit again tonight at 7:30 o’clock. Upon form attached (see Sec. B, Standing Corn. Rpt. No. motion by Delegate Crossley, seconded by Delegate 88). Upon motion by Delegate Wist, seconded by Dowson, and carried, the report of the committee Delegate Noda, and carried, the report of the commit was adopted. tee was adopted and ordered printed, with the amend- 94 CONVENTION JOURNAL ed form of Committee Proposal No. 3, designated held this morning, a new section on debt limitations in the report as “Article I.” The President gave was in the process of being prepared and would not notice at this time that the committee proposal, as be ready for presentation today. The request was amended, designated as “Article I,” would be granted, and further consideration of the said stand placed on the calendar, on General Orders, for ing committee report and committee proposal was consideration on third reading on Thursday, June deferred until tomorrow. 22, 1950. At 9:10 o’clock a.m., upon motion by Delegate At this time, Delegate Crossley moved that the Lee, seconded by Delegate Okino, and carried, the Convention resolve itself into a Committee of the Convention resolved itself into a Committee of the Whole for the further consideration of Standing Com Whole for the further consideration of Standing Com mittee Report No. 67 with Standing Committee Reports mittee Report No. 67, with attached Standing Commit Nos. 67-A, 67-B and 67-C attached, and Committee tee Reports No.s 67-A, 67-B and 67-C and Committee Proposal No. 22, from the Committee on Executive Proposal No. 22, from the Committee on Executive Powers and Functions. Seconded by Delegate Okino, Powers and Functions, with Delegate Bryan as chair and carried; and at 7:47 o’clock p.m., the Convention man. resolved itself into a Committee of. the Whole for At 3:46 o’clock p.m., the committee rose and the such purpose, with Delegate Bryan as chairman. Convention reconvened. At 10:18 o’clock p.m., the committee rose and The President announced that in addition to the the Convention reconvened. delegates excused this morning, he had excused Delegate Bryan, for the Committee of the Whole, the following delegates from this afternoon’s session: having under consideration Standing Committee Re Delegates Dowson, Gilliland, Hayes, Kometani, Luiz, port No. 67 with Standing Committee Reports Nos. Ihara, Tavares and White. 67-A, 67-B and 67-C attached, and Committee Pro Delegate Bryan, for the Committee of the_Whole, posal No. 22, “Relating to the Executive,” orally having under consideration Standing Committee Re reported progress and asked leave to sit again. port No. 67, with Standing Committee Reports Nos. Upon motion by Delegate Dowson, seconded by Dele 67-A, 67-B and 67-C attached, and Committee Pro gate Sakakihara, and carried, the oral report of the posal No. 22, from the Committee on Executive committee was adopted. Powers and Functions, orally reported progress and The President announced that all matters on the asked leave to sit again to consider the written re calendar for today which were undisposed of would port of the chairman on the above reports and com be deferred until tomorrow. mittee proposal. Upon motion by Delegate James At 10:20 o’clock p.m., upon motion by Delegate K. Trask, seconded by Delegate Porteus, and car Woolaway, seconded by Delegate Sakakihara, and ried, the oral report of the committee was adopted. carried, the Convention adjourned until 9:00 o’clock At 3:49 o’clock p.m., upon motion by Delegate a.m., on Wednesday, June 21, 1950. James K. Trask, seconded by Delegate Woolaway, and carried, the Convention stood in recess until 7:30 o’clock this evening. FIFTY-EIGHTH DAY • Wednesday, June 21, 1950 EVENING SESSION The Convention convened at 9:03 o’clock a.m., with the President in the Chair. The Convention reconvened at 7:39 o’clock p.m., The divine blessing was invoked by Chaplain Judd, with the President in the Chair, and all delegates after which the roll was called showing all delegates being present with the exception of Delegates Dow- present, with the exception of Delegates Phillips and son, Loper, Phillips, Sakai, Tavares, White and Wirtz, excused, and Delegates Kometani and Mizuha, Wirtz, excused. temporarily excused. The President announced that the journal of the Consideration, on General Orders, of Standing fifty-sixth day had been approved, and stated that Committee Report No. 78, from the Committee on he would report tomorrow on the journal of the Agriculture, Conservation and Land, reporting on fifty-seventh day. proposals and the resolution referred to it, recom mending the filing thereof, and submitting for intro Consideration of Committee Report No. 51 and duction a committee proposal, with the recommen Committee Proposal No. 10, from the Committee dation that with the passage on first reading by the on Taxation and Finance, relating to public finance filing thereof, it pass second reading; and consider and taxation: Delegate White, for the Committee on ation, on second reading, of Committee Proposal Taxation and Finance, requested that further con No. 27, “Relating to Agriculture and Natural Re sideration of the above enumerated report and com sources”: Delegate Richards moved that Standing mittee proposal be deferred until tomorrow for the Committee Report No. 78 and Committee Proposal reason that following a meeting of the committee No. 27 be referred to the Committee of the Whole FIFTY-NINTH DAY • Thursday, June 22, 1950 95 for consideration. Seconded by Delegate Crossley, the further consideration of Standing Committee Re and carried. port No. 78 and Committee Proposal No. 27, from At this time, Delegate Crossley moved that the the Committee on Agriculture, Conservation and Convention resolve itself into a Committee of the Land. Seconded by Delegate Woolaway, and carried; Whole for the consideration of said standtng commit and at 8:41 o’clock a.m., the Convention so resolved tee report and said committee proposal. Seconded itself into a Committee of the Whole, with Delegate by Delegate Woolaway, and carried. Larsen as chairman, for the above purpose. The President appointed Delegate Larsen as chair At 11:10 o’clock a.m., the committee rose and man of said Committee of the Whole; and at 7:42 the Convention reconvened. o’clock p.m., the Convention resolved itself into a Delegate Larsen, for the Committee of the Whole, Committee of the Whole for such purpose, with having under consideration Standing Committee Re Delegate Larsen as chairman. port No. 78 and Committee Proposal No. 27 from the At 10:31 o’clock p.m., the committee rose and the Committee on Agriculture, Conservation and Land, Convention reconvened. orally reported progress and asked leave to sit Delegate Larsen, for the Committee of the Whole, again. Delegate Larsen moved for the adoption of the having under consideration Standing Committee Re oral report of the committee. Seconded by Delegate port No. 78 and Committee Proposal No. 27, from Sakakihara, and carried. the Committee on Agriculture, Conservation and At this time, Delegate Sakakihara moved that the Land, orally reported progress and asked leave to Convention take up the further consideration of Stand sit again. Upon motion by Delegate Silva, seconded ing Committee Report No. 51 and Committee Pro by Delegate Sakakihara, and carried, the oral report posal No. 10, from the Committee on Taxation and of the committee was adopted. Finance, and that the Convention resolve itself into The President announced that all other matters a Committee of the Whole for such purpose. Second on the General Orders of the Day, which had not been ed by Delegate Woolaway, and carried; and at 11:12 disposed of, would be deferred until tomorrow. o’clock a.m., the Convention resolved itself into a At 10:32 o’clock p.m., upon motion by Delegate Committee of the Whole for the consideration of the Woolaway, seconded by Delegate Apoliona, and car - said standing committee report and said committee ned, the Convention adjourned until 8:30 o’clock proposal, with Delegate Lee as chairman. a.m., on Thursday, June 22, 1950. At 4:05 o’clock p.m., the committee rose and the Convention reconvened. Delegate Lee, for the Committee of the Whole, FIFTY-NINTH DAY • Thursday, June 22, 1950 having under consideration Standing Committee Re port No. 51 and Committee Proposal No. 10, from The Convention convened at 8:37 o’clock a.m., the Committee on Taxation and Finance, orally re with President King presiding. ported progress and asked leave to sit again. Upon After prayer by Chaplain Judd, the roll was motion by Delegate Lee, seconded by Delegate White, called, showing all delegates present, with the excep and carried, the oral report of the committee was tion of Delegates Sakai and Wirtz, excused. adopted. The President announced that the journal of the Delegate Wist, for the Committee on Style, pre fifty-seventh day had been approved, but that he would sented a report on Committee Proposal No. 8 relat report tomorrow on the journal of the fifty-eighth tag to Suffrage and Elections, recommending the day. amendment of the said proposal and submitting the At this time, Delegate White, for the Committee same for the consideration of the Convention in the on Taxation and Finance, suggested that the Conven amended form attached and designated as “Article tion proceed with the further consideration of Stand WI—Suffrage and Elections” (see Sec. B, Standing ing Committee Report No. 78 and Committee Propos Com. Rpt. No. 89). Upon motion by Delegate Wist, al No. 27, from the Committee on Agriculture, Con seconded by Delegate Noda, and carried, the report servation and Land before proceeding with the fur of the Committee was adopted and ordered printed, ther consideration of Standing Committee Report with the amended form of Committee Proposal No. 51 and Committee Proposal No. 10, from the No. 8, designated in the report as “Article VII— Committee on Taxation and Finance, both of which Suffrage and Elections.” The President gave notice are on the calendar for today, which suggestion met at this time that the committee proposal, as amended, with the approval of the Convention. designated as “Article Vfl—Suffrage and Elections”— would be placed on the calendar, on General Orders, Consideration of Standing Committee Report No. for consideration on third reading on Saturday, 78 and Committee Proposal No. 27, from the Corn June 24, 1950. mitttee on Agriculture, Conservation and Land: Third reading of Committee Proposal No. 3, as Delegate White moved that the Convention at this amended, relating to the Bill of Rights, and designated time resolve itself into a Committee of the Whole for as “Article I”: At the request of Delegate Mizuha, 96 CONVENTION JOURNAL and there being no objection, the President stated mittee of the Whole in considering said proposal to that third reading of the above committee proposal incorporate this communication into its report to the would be deferred until tomorrow. Convention, was read by the Clerk (see Sec. B, Misc. At 4:08 o’clock p.m., upon motion by Delegate Corn. No. 107). The communication was received, Harold W. Rice, seconded by Delegate Smith, and to be acknowledged, copies to be distributed to the carried, the Convention resolved itself into a Corn delegates, and referred to the Committee of the mitttee of the Whole for the further consideration of Whole for consideration at the time Standing Commit Standing Committee Report No. 78 and Committee tee Reports Nos. 79 and 81 are before said Commit Proposal No. 27 from the Committee on Agriculture, tee of the Whole. Conservation and Land, with Delegate Larsen as At this time, the President recognized Delegate chairman. Kometani, who presented to the Convention the 110 At 4:24 o’clock p.m., the committee rose and the delegates, from all of the Islands, representing the Convention reconvened. 4,000 members in the Territory of the “4-H” Club, Delegate Larsen, for the Committee of the Whole, with a national membership of 1,800,000, financed having under consideration Standing Committee Re- jointly by the federal and state governments, which port No. 78 and Committee Proposal No. 27, orally delegates are presently in Honolulu attending the Con reported progress and asked leave to sit again in vention of that organization. The club delegates who order that the chairman of the said Committee of the were seated on the bleachers in the back of the Con Whole might have time to prepare his written report vention Hall, rose, stood at attention facing the dele thereon. Upon motion by Delegate Larsen, seconded gates, and repeated their club pledge. by Delegate Richards, and carried, the oral report The President, at 8:58 o’clock declared a recess, of the committee was adopted. subject to the call of the Chair, in order that the Con Delegate Heen, for the Committee on Legislative vention might listen informally to a short talk by Powers and Functions, reported orally, requesting Mr. Baron Goto, one of the Extension Leaders of the an extension on time, until tomorrow, in which to Club, on the purposes and accomplishments of the file the report of that committee on matters referred “4-H” Club. The Convention reconvened at 9:01 to it. There being no objection, the President granted o’clock a.m. the request. The President announced that it was planned to The President at this time announced that all mat first consider this morning, in Committee of the ters remaining undisposed of on today’s calendar Whole, Standing Committee Reports Nos. 79 and 81, would be deferred until tomorrow. from the majority and minority, respectively, of the At 4:25 o’clock p.m., upon motion by Delegate Committee on Industry and Labor; and to thenre Woolaway, seconded by Delegate Noda, and carried, sume, in Committee of the Whole, the further con the Convention adjourned until 8:30 o’clock a.m., on sideration of Standing Committee Report No. 51 and Friday, June 23, 1950. Committee Proposal No. 10 from the Committee on Taxation and Finance, relating to public finance and SIXTIETH DAY • Friday, June 23, 1950 taxation. The President, at this time, stated that an appoint The Convention convened at 8:47 o’clock a.m., ment had been made for a committee of delegates, with the President in the Chair. and himself, to call upon Acting Governor Oren E. The divine blessing was invoked by Chaplain Judd, Long, at 10:00 o’clock tomorrow morning, in refer after which the roll was called, showing all delegates ence to additional funds necessary for the Conven present, with the exception of Delegates Castro and tion to carry its work to completion. He thereupon Charles A. Rice, excused, and Delegate Anthony announced the appointment of the following ten dele temporarily excused. gates as members of that committee: Delegates The President announced that the journal of the He~n, Lee, Harold W. Rice, Anthony, Tavares, Fong, fifty-eighth day had been approved, but that he would Sakakihara, Silva, Wist and Porteus, and asked that report tomorrow on the journal of the fifty-ninth day. they be prepared to accompany him on this mission. Delegate Silva, for the Committee on Printing, He stated, also, that there was being prepared a presented a report on the printing of Standing Com financial statement covering the expenses and econo mittee Report No. 89 and Committee Proposal No. mies that are to be instituted by the Convention, 8 (see Sec. B, Standing Com. Rpt. No. 90). The re which would be ready for presentation at the time of port was received and placed on file. the meeting with the Acting Governor. A communication from the chairman of the Cen Delegate Crossley moved that the Convention at tral Labor Council (A.F.L.), Legislative Committee this time take up the consideration of Standing Com restating the position of the Council on Committee mittee Reports Nos. 79 and 81 and Committee Pro Proposal No. 28, relating to the right of persons to posal No. 28, relating to the right of persons to or organize, urging its adoption and requesting the Com ganize, from the Committee on. Industry and Labor, SIXTIETH DAY • Friday, June 23, 1950 97 on the calendar for today. Seconded by Delegate At this time, Delegate Lee moved that the Conven Apoliona, and carried. tion resolve itself into a Committee of the Whole for the further consideration of Standing Committee Re port No. 51 and Committee Proposal No. 10 from the Consideration of Standing Committee Reports Committee on Taxation and Finance. Seconded by Nos. 79 and 81 from the majority and minority, re Delegate Dowson, and carried; and at 1:41 o’clock spectively, of the Committee on Industry and Labor, p.m., the Convention resolved itself into a Committee and Committee Proposal No. 28, relating to the right of the Whole for such purpose, with Delegate Lee as of persons to organize: Delegate Crossley moved chairman. that the said standing committee reports and the said committee proposal be referred to the Committee of At 3:05 o’clock p.m., the committee rose and the Convention reconvened. Delegate Lee, for the Com the Whole. Seconded by Delegate Apoliona, and car r ied. mittee of the Whole, having under consideration Delegate Crossley then moved that the Convention Standing Committee Report No. 51 and Committee resolve itself into a Committee of the Whole at this Proposal No. 10, orally reported progress and asked time for the consideration of Standing Committee leave to sit again. Upon motion by Delegate Lee, Reports No. 79 and 81 and Committee Proposal No. seconded by Delegate White, and carried, the oral 18, relating to the right of persons to organize, and report of the committee was adopted. Miscellaneous Communication No. 107 from the Cen Delegate Sakakihara moved that at this time the tral Labor Council (A.F.L.), Legislative Committee, Convention take up the consideration of Standing relating to the said subject matter. Seconded by Committee Reports Nos. 74 and 84, from the majo Delegate Apoliona, and carried. rity and minority, respectively, of the Committee on The Chair stated that it had been suggested that Local Government, and Committee Proposal No. 26 the Committee of the Whole be instructed to limit submitted by the majority of the said committee. the time of its deliberations this morning in connec Seconded by Delegate Apoliona, and carried. tion with these reports, proposal and miscellaneous communication, so that it might rise and report to Consideration of Standing Committee Report No. the Coilvention at 11:30 o’clock; and that in order to 74 and Standing Committee Report No. 84, from the carry out this suggested program, the chairman of majority and minority, respectively, of the Commit the Committee of the Whole might limit each speaker tee on Local Government, and Committee Proposal to five minutes. No. 26, from the said committee, relating to local The President appointed Delegate Harold W. Rice government: Upon motion by Delegate Kauhane, as chairman of the said Committee of the Whole, and seconded by Delegate Dot, the said Standing Commit at 9:06 o’clock a.m., the Convention resolved itself tee Reports Nos. 74 and 84 and Committee Proposal into a Committee of thè~Whole for the consideration No. 26 were referred to the Committee of the Whole. of the said standing committee reports and the said Delegate Phillips, for the milTority of the Com committee proposal, and the said miscellaneous com mittee on Local Government, presented a report munication, with Delegate Harold W. Rice, as chair based on the major premise that “the more the man. local people are permitted to do for themselves, At 11:59 o’clock a.m., the committee rose and the the better will be the state of its citizenry,” and re Convention reconvened. commending that there be substituted, for the four Delegate Harold W. Rice, for the Committee of the sections of Committee Proposal No. 26 submitted Whole, having under consideration Standing Commit with Standing Committee Report No. 74 from the tee Reports Nos. 79 and 81 and Miscellaneous Com Majority of the Committee, seven sections in the munication No. 107, all relating to the right of per form set forth in his report (see Sec. B, Standing sons to organize, orally reported progress and asked Corn. Rpt. No. 91). The report was received, or leave to sit again. Upon motion by Delegate Dowson, dered printed and referred to the Committee of the seconded by Delegate Smith, the oral report of the Whole, to which Standing Committee Reports Nos. committee was adopted. 74 and 84 have been referred. At 12:01 o’clock p.m., upon motion by Delegate At this time, Delegate Sakakihara moved that the Sakakihara, seconded by Delegate Kido, and carried, Convention resolve itself into a Committee of the the Convention stood in recess until 1: 30 o’clock Whole for the consideration of Standing Committee this afternoon. Reports Nos. 74, 84 and 91 and Committee Proposal No. 26, relating to local government. Seconded by Delegate Apoliona, and carried. AFTERNOON SESSION The President thereupon appointed Delegate Ar The Convention reconvened at 1:37 o’clock p.m., thur K. Trask as chairman of the said Committee of with the President in the Chair and all members the Whole; and at 3:10 o’clock p.m., the Convention being present with the exception of Delegates Castro, resolved itself into a Committee of the Whole for Charles A. Rice and Silva, excused. the consideration of the said standing committee re 98 CONVENTION JOURNAL ports and the said committee proposal, with Dele Delegate Porteus, Secretary of the Convention, gate Arthur K. Trask as chairman. advised the members that Delegate Mizuha desired The committee rose at 4:58 o’clock p.m., and the to offer certain amendments to Committee Proposal Convention reconvened. No. 3, as amended, designated “Article I,” and as Rule 46 of the rules of the Convention requires The President announced that Delegate Gilliland unanimous consent to amend on third reading, he had been excused from attendance for the balance requested that such consent be given to Delegate of today’s session. Mizuha in order to permit him to offer such amend Delegate Arthur K. Trask, for the Committee~ of ments. the Whole, having under consideration Standing Com Such unanimous consent having been given by the mittee Reports Nos. 74, 84 and 91 and Committee delegates present, Delegate Mizuha offered the Proposal No. 26, relating to Local Government, following amendments: orally reported progress and aslçed leave to sit In line 4 of Section 4, insert a comma after again. Upon motion by Delegate James K. Trask, the word “laws,” and immediately thereafter de seconded by Delegate Dowson, and carried, the oral lete the word “or” and in lieu thereof insert the report of the commitee was adopted. words “nor be denied,” so that the Section, as At this time, Delegate Crossley moved that the amended, shall read: Convention resolve itself into a Committee of the SECTION 4. No person shall be deprived of Whole for the further consideration of Standing Com life, liberty or property without due process of mittee Report No. 37 from the Committee on Judi law, nor be denied the equal protection of the ciary and Committee Proposal No. 7 accompanying laws, nor be denied the enjoyment of his civil said report, entitled: “A Proposal for the Establish rights or be discriminated against in the exercise ment of the Judtciary.” Seconded by Delegate Wool- thereof because of race, religion, sex or ancestry. away, and carried; and at 5:00 o’clock p.m., the Upon motion by Delegate Mizuha, seconded by Convention resolved itself into a Committee of the Delegate Anthony, and carried, the amendments Whole for such purpose, with Delegate Crossley as were adopted. chairman. - Delegate Anthony requested unanimous consent At 5:06 o’clock p.m., the committee rose and the to offer a further amendment to Committee Proposal Convention reconvened. No. 3, as amended. Such consent having been given by the delegates Delegate Crossley, for the Committee of the present, Delegate Anthony moved that the proposal Whole, having under consideration Standing Commit be further amended by deleting the letter “s” from tee Report No. 37 and Committee Proposal No. 7, the word “privileges” in Section 13, so that the word presented a report submitting an amended Commit shall be “privilege.” Upon motion by Delegate An tee Proposal No. 7, and recommending: (1) that thony, seconded by Delegate Wist, and carried, the Committee Proposal No. 7 as amended pass Second amendment was adopted. Reading; (2) that Standing Committee Report No. Delegate Anthony stated that there was need for 37 be filed; (3) that Proposal No. 14 contained there further amendment of Section 13; and thereupon in be referred to the Committee on Ordinances and moved that further consideration of Committee Pro Continuity of Law; and (4) that Proposal No. 17 be posal No. 3, as amended, be deferred until tomorrow. referred to the Committee on Bill of Rights (see Seconded by Delegate Porteus, and carried. Sec. B, Corn. of Whole Rpt. No. 8). Upon motion by Delegate Heen, for the Committee on Legislative Delegate Crossley, seconded by Delegate Porteus, Powers and Functions, presented a report submitting and carried, the report of the committee was adopt for introduction a committee proposal and recom - ed; and Committee Proposal No. 7, as amended, mending its passage (see Sec. B, Standing Corn. Rpt. passed second reading; Standing Committee Report No. 92). The report was received and referred to No. 37 was filed; proposal No. 14 was referred to the Committee on Printing for printing. the Committee on Ordinances and Continuity of Law; Delegate Heen, for the Committee on Legislative and Proposal No. 17 was referred to the Committee Powers and Functions, introduced Committee Pro on Bill of Rights. The President thereupon referred posal No. 29, entitled: “Relating to Legislative Pow the committee proposal, as amended to the Commit ers and functions.” The Proposal passed first tee on Style, for consideration as to phraseology reading by title and was referred to the Committee only and report within five convention days, and or on Printing for printing. dered the report of the Committee of the Whole The President stated that all matters on the calen printed. dar which had not been disposed of at today’s session Third reading of Committee Proposal No. 3, as would be deferred until tomorrow. amended, relating to the Bill of Rights, and desig At 5:28 o’clock p.m., upon motion by Delegate nated “Article I,” deferred from yesterday: Woolaway, seconded by Delegate Noda, and carried, 99 SIXTY-FIRST DAY • Saturday, June 24, 1950 the Convention adjourned until 8:30 o’clock a.m., on Delegate Anthony moved for the adoption of the Saturday, June 24, 1950. amendments. Seconded by Delegate Porteus, and carried. Delegate Anthony moved that, under the suspension of the rules, said Committee Proposal No. 3, as amended, be further amended by deleting the “semi SIXTY-FIRST DAY • Saturday, June 24, 1950 colon” after the word “law” in the 7th line of Section 11, and inserting in lieu thereof a comma. The The Convention convened at 8:42 o’clock a.m., motion was seconded by Delegate Tavares, and car with President King in the Chair. ried. After prayer by Chaplain Judd, the roll was called Delegate Anthony moved that Committee Proposal showing all delegates present, with the exception of Delegates Crossley, Lyman, Mizuha, Charles A. Rice, No. 3, as amended, designated “Article I,” pass third reading. Seconded by Delegate Porteus. Sakai, Silva and White, excused. Delegate Tavares rose to remind the Convention The journal of the fifty-ninth day was approved, of what was said with respect to the article on jury and the President announced that he would report on trial in Committee of the Whole Report No. 5, pages Monday on the journal of the sixtieth day. 10 and 11, which also related to the last section of The President announced that six members of the the article on judiciary which had already passed “Okolehau Puptent No. 1, Military Order of the second reading. Cootie” of Veterans of Foreign Wars were present Delegate Tavares stated that he regretted that in the convention hail to present the flag of the State lack of time had prevented him from noting that this of Pennsylvania to the Convention, and asked that reference was not mentioned in the Committee of the Delegate Anthony, a native of that State, join these Whole Report No. 8 on the establishment of the judi veterans on the rostrum to assist in the presentation; ciary, which had been adopted by the Convention. He and at 8:45 o’clock a.m., declared a recess, subject felt that there should have been inserted in said Re to the call of the Chair, in order that this presenta port No. 8 a statement substantially the same as set tion might be made “in behalf of the sons of Pennsyl forth on pages 10 and 11 of Committee of the Whole vania who lie in the National Cemetery at Punchbowl, Report No. 5, on the Bill of Rights, construing Sec Honolulu.” tion 10 of said Committee Proposal No. ‘7 as author The presentation being completed, the Convention izing the Supreme Court, under rules and regulations reconvened at 8:52 o’clock a.m. in civil and criminal cases, except capital offenses, Under suspension of the rules, the Convention at by a jury of less than 12, and for verdicts less than this time took up the third readings on the calendar unanimous or less than the proportion required by for today. law, as well as to permit extra jurors to sit with Third reading of Committee Proposal No. 3, as the regular jury to prevent mistrials where a mem amended, relating to the Bill of Rights, and designated ber or members of the regular jury might become “Article I,” deferred from yesterday: Delegate ill, die, or otherwise be unable to perform his duties Anthony at this time signified his desire to offer an as a juror. amendment to said Committee Proposal No. 3, as The Chair put the motion to pass the proposal, as amended. Delegate Porteus thereupon moved that amended, on third reading, which was carried on the the rules of the Convention be suspended in order following showing of ayes and noes: Ayes, 56. Noes, to permit Delegate Anthony to offer certain amend none. Excused and not voting, 7 (Crossley, Lyman, ments to the committee proposal. Seconded by Dele Mizuha, Charles A. Rice, Sakai, Silva and White). gate Woolaway, and carried. The President announced that the committee pro Delegate Anthony offered the following amend - posal, as amended, having passed third reading, ments to Committee Proposal No. 3, as amended: would be referred back to the Committee on Style In the second sentence of Section 13, insert for arrangement of sections and article or articles the following, after the word “suspending”: and for form, for report to the Convention. “the privilege of the writ of habeas corpus, Third reading of Committee Proposal No. 8, as and”; amended, designated “Article WI—Suffrage and and in the next line, after the words “execution Elections”: thereof,” insert a comma, so that the amended Delegate Kometani moved that Proposal No. 8, Section 13 shall read: as amended, pass third reading. Seconded by Dele “The power of suspending the privilege of the gate Porteus. writ of habeas corpus, and the laws or the execu Delegate Tavares rose to bring to the attention tion thereof, shall never be exercised except by of the Convention the construction of the word the legislature, or by authority derived from it, “felony” in Section 2 of Committee Proposal No. 8, to be exercised in such particular cases only as as amended. He stated that he felt the word “felony” the legislature shall expressly prescribe.” should be construed as including, not only convictions 100 CONVENTION JOURNAL of felonies by the courts of this state, but also convic Whole for the further consideration of Standing Com tions of felonies in the courts of other jurisdictions. mittee Report No. 52 from the Committee on Educa Otherwise, for instance, a person convicted of a tion, and Committee Proposal No. 11 accompanying felony in the federal courts would still be eligible to said report, “Relating to Education.” Seconded by vote or hold office in this jurisdiction. Delegate James K. Trask, and carried; and at 9:29 Delegate Lee stated that he did not think the courts o’clock a.m., the Convention resolved itself into a should construe this as being the opinion of the entire Committee of the Whole for such purpose, with Dele Convention. If there were members who had a differ gate Fukushima as chairman. ent opinion, they could vote on the proposal and leave At 9:32 o’clock a.m., the committee rose and the it to the court to interpret. Convention reconvened. The President stated that these statements would Delegate Fukushima, for the Committee of the beincorporated in the record, as points of view only, Whole, having under consideration Standing Commit leaving it to the courts to make their construction of tee Report No. 52 from the Committee on Education, the word “felony.” and Committee Proposal No. 11, relating to Educa The Chair thereupon put the motion to pass Com tion, presented a report recommending that Commit mittee Proposal No. 8, designated as “Article VII tee Proposal No. 11, as amended and attached to the —Suffrage and Elections,” as amended, on third Committee of the Whole Report, pass second reading; reading, which was carried on the following showing that Standing Committee Report No. 52 be adopted, of ayes and noes: Ayes, 56. Noes: None. Excused except as, and to the extent that, the same may be and not voting, 7 (Crossley, Lyman, Mizuha, Charles inconsistent with the provisions and recommendations A. Rice, Sakai, Silva and White). of the Committee of the Whole report; and that appro At this time, Delegate Okino moved that the Con priate recommendation be made to the state legisla vention resolve itself into a Committee of the Whole ture to make statutory provision for the executive for the further consideration of Standing Committee officer of the Board of Agriculture, or similar Reports No. 47, 48 and 49 from the Committee on officer, to be a member, ex officio, of the Board of Revision, Amendments, Initiative, Referendum and Regents of the University of Hawaii (see Sec. B, Corn. Recall, and Committee Proposal No. 9, “Relating to of Whole Rpt. No. 10). Upon motion by Delegate Revision and Amendment.” Seconded by Delegate Fukushima, seconded by Delegate Porteus, and car Fukushima, and carried; and at 9:26 o’clock a.m., ried, the report of the committee was adopted; the Convention resolved itself into a Committee of Standing Committee Report No. 52 was adopted, the Whole for the further consideration of said stand except as, and to the extent that, the same may be ing committee reports and committee proposal, with inconsistent with the provisions and recommendations Delegate Okino as chairman. of the report of the Committee of the Whole; appro At 9:27 o’clock a.m., the committee rose and the priate recommendation to be made to the state legis Convention reconvened. lature to make statutory provision for the executive Delegate Okino, for the Committee of the Whole, officer of the Board of Agriculture, or similar offi having under consideration Standing Committee Re cer, to be a member, ex officio, of the Board of ports Nos. 47, 48 and 49, and Committee Proposal Regents of the University of Hawaii, and Committee No. 9, relating to Revision and Amendments, present Proposal No. 11, as amended, passed second read ed a report recommending that Standing Committee ing. The President thereupon referred the commit Reports Nos. 47 and 48 be adopted; that Standing tee proposal as amended, to the Committee on Style Committee Report No. 49 be rejected and placed on for consideration as to phraseology only, and report file; that Committee Proposal No. 9 be amended as within five convention days, and ordered the report set forth in the report of the Committee of the Whole, of the Committee of the Whole printed. and that said Committee Proposal No. 9, as so Delegate Noda, for Delegate Silva, presented a amended, pass second reading (see Sec. B, Corn. of report on the printing of Standing Committee Report Whole Rpt. No. 9). Upon motion by Delegate Okino, No. 92 and Committee Proposal No. 29 (see Sec. B, seconded by Delegate Porteus, and carried, the re Standing Corn. Rpt. No. 93). The report of the com port of the committee was adopted; Standing Commit mittee was received and placed on file. tee Reports No. 47 and 48 were adopted; Standing Committee Report No. 49 was placed on file; and Consideration of Standing Committee Report No. Committee Proposal No. 9, as amended, passed 92, from the Committee on Legislative Powers and second reading. The President thereupon referred Functions, submitting for introduction a committee the committee proposal as amended, to the Commit proposal, “Relating to Legislative Powers and Func tee on Style for consideration as to phraseology only, tions”: The President announced that the report and report within five convention days, and ordered would be placed on the General Orders of the Day the report of the Committee of the Whole printed. for consideration on Thursday, June 29th. At this time, Delegate Fukushima moved that the Consideration of Committee Proposal No. 29, Convention resolve itself into a Committee of the “Relating to Legislative Powers and Functions”: SIXTY-SECOND DAY • Monday, June 26, 1950 101 The President announced that the proposal would ernrnent, orally reported progress and asked leave be placed on the General Orders of the Day for con to sit again. Upon motion by Delegate Arthur K. sideration on second reading on Thursday, June 29th. Trask, seconded by Delegate Kauhane, and carried, Delegate Noda, for Delegate Silva, presented a the oral report of the commitee was adopted. report on the printing of Committee of the Whole The President at this time announced that the com Report No. 8 and Committee Proposal No. 7 as mittee appointed by him yesterday to call upon Act amended (see Sec. B, Standing Corn. Rpt. No. 94). ing Governor Oren E. Long, in connection with the The report was received and placed on file. finances of the Convention, had carried out its mis Delegate Heen, for the Committee on Legislative sion; and that the Acting Governor had received the Powers and Functions, presented a report on pro committee very sympathetically and the delegates posals and sections of proposals referred to it, with had left his chambers with the understanding that he the recommendation that they be placed on file for would transmit the request for additional funds to the reasons set forth in the report. (see Sec. B, Governor Stainback, presently on the mainland, with Standing Corn. Rpt. No. 95). The report was re the recommendation that it be approved. ceived, ordered printed and action thereon deferred The President announced that all matters undis until Thursday, June 29th, at which time Standing posed of at the close of today’s session, which were Committee Report No. 92 and Committee Proposal on the calendar for consideration today, would be No. 29 is before the Convention for consideration. deferred until Monday, June 26th. Delegate Kometani, for the Committee on Suffrage At 11:46 o’clock a.m., upon motion by Delegate and Elections, presented a report returning Miscel Harold W. Rice, seconded by Delegate Sakakihara, laneous Communication No. 88, relating to outlawing and carried, the Convention adjourned until 8:30 the Communist Party, with the recommendation that o’clock a.m., on Monday, June 26, 1950. it be placed on file for the reasons set forth in the report (see Sec. B, Standing Corn. Rpt. No. 96). Upon motion by Delegate Kornetani, seconded by Delegate Mau, and carried, the report of the commit SIXTY-SECOND DAY • Monday, June 26, 1950 tee was adopted; and Miscellaneous Communication No. 88 was thereupon placed on file. The Convention convened at 8:41 o’clock a.rn., At this time, the President announced that the with President King presiding. hour of 10:00 o’clock was approaching, at which time The divine blessing was invoked by Chaplain Judd, the committee he had appointed yesterday was to after which the roll was called showing all delegates accompany him to the office of Acting Governor Oren present, with the exception of Delegates Anthony, E. Long in connection with a request for additional Okino, Sakai and White, excused~ and Delegate Mizu funds with which to complete the work of the Conven ha temporarily excused. tion; and suggested that the Convention might resolve The President announced that he would report itself into a Committee of the Whole at this time for tomorrow on the journal of the sixtieth and sixty- the further consideration of ‘standing committee re first days. ports relating to local government and Committee At this time, Delegate James K. Trask moved that Proposal No. 26, and thereafter stand in recess until the Convention resolve itself into a Committee of the the above commitee had returned from its call upon Whole for the further consideration of Standing Com the Acting Governor. mittee Reports Nos. 74, 84 and 91 and Committee Accordingly, Delegate Kauhane moved that the Proposal No. 26 from the Committee on Local Gov Convention resolve itself into a Committee of the ernment. Seconded by Delegate Kam, and carried; Whole for the further consideration of Standing Com and at 8:45 o’clock a.m., the Convention resolved mittee Report No. 74 from the majority of the Com itself into a Committee of the Whole for such purpose, mittee on Local Government and Committee Reports with Delegate Arthur K. Trask as chairman. Nos. 84and-91 from the minority of said committee At 3:47 o’clock p.m., the committee rose and the and Committee Proposal No. 26 from the majority Convention reconvened. of the said ccrnirnittee. Seconded by Delegate Porteus, At the time of reconvening, Delegate Mizuha, who and carried; and at 9:42 o’clock a.m., the Convention had been temporar fly excused this morning, was in resolved itself into a Committee of the Whole for attendance. such purpose, with Delegate Arthur K. Trask as Delegate Arthur K. Trask, for the Committee of chairman. the Whole, having under consideration Standing Com At 11:36 o’clock a.m., the committee rose and the mittee Reports Nos. 74, 84 and 91 and Committee Convention reconvened. Proposal No. 26, from the Committee on Local Delegate Arthur K. Trask, for the Committee of Government, orally reported progress and asked the Whole, having under consideration Standing Com leave to sit again in order that the chairman of the mittee Reports Nos. 74, 84 and 91, and Committee Committee of the Whole might prepare a written re Proposal No. 26, from the Committee on Local Gov port. Upon motion by Delegate Arthur K. Trask, 102 CONVENTION JOURNAL seconded by Delegate Kauhane, and carried, the oral deliberations on matters of taxation and finance from report of the committee was adopted. Attorney General Walter D. Ackerman, Jr., Howard Adams, Territorial Deputy Treasurer; Territorial Consideration of Standing Committee Reports Nos. Tax Commissioner William Borthwick; Territorial 53, 54, 55, 56, 57, 58, 62, 63, 64, 65 and 66, Commit Auditor Joseph Dickson; Territorial Deputy Bank tee Proposals Nos. 12, 13, 14, 15, 16, 17, 18, 19, 20 Examiner William Lederer; Miss Rhoda V. Lewis, and 21, and Resolution No. 29, from the Committee Assistant Attorney General; Mr. Paul Thurston, on Miscellaneous Matters, on General Orders of the Territorial Director of the Budget; and Mr. Torkel Day: Delegate Crossley moved that the above enume Westley, Assistant Tax Commissioner, and requestin~ rated standing committee reports, committee pro that the appreciation of the Convention be expressed posals and Resolution No. 29 be referred to the Com to these individuals for their assistance, and asking mittee of the Whole. Seconded by Delegate Smith, that a copy of this letter be transmitted to each of and carried. them, was read by the Clerk (see Sec. B, Misc. Corn. At this time, Delegate Crossley moved that the No. 110). The communication was received and Convention resolve itself into a Committee of the placed on file. Whole for the consideration of the above enumerated At 5:30 o’clock p.m., upon motion by Delegate standing committee reports, committee proposals Woolaway, seconded by Delegate Noda, and carried, and Resolution No. 29. Seconded by Delegate Smith, the Convention adjourned until 8:30 o’clock on Tues and carried. day, June 27, 1950. The President appointed Delegate Castro as chair man of the said Committee of the Whole, and at 3:48 o’clock p.m., the Convention resolved itself into a Committee of the Whole for such purpose, with Dele SIXTY-THIRD DAY • Tuesday, June 27, 1950 gate Castro as chairman. At 5:20 o’clock p.m., the committee rose and the The Convention convened at 8:41 o’clock a.m., Convention reconvened. with President King in the Chair. Delegate Castro, for the Committee of the Whole, After prayer by Chaplain Judd, the roll was called, having under consideration Standing Committee Re showing all delegates present, with the exception of ports Nos. 62, 63, 65, 54, 55, 56, 58, 53, 57 and Delegates Sakai and White, excused, and Delegate 64, Committee Proposals Nos. 18, 19, 15, 21, 13, 14, Gilliland, temporarily excused. 17, 12, 16 and 20, and Resolution No. 29, from the The journal of the sixtieth and sixty-first days was Committee on Local Government, orally reported approved, and the President stated that he would re progress and asked leave to sit again. Upon motion port tomorrow on the journal of the sixty-second day. by Delegate Castro, seconded by Delegate Crossley At this time, the President announced that there and carried, the oral report of the committee was were present in the convention hall 12 members of adopted. the Kansas Club of Hawaii who would participate in A communication from Henry A. White, chairman the presentation to the Convention of the flag of of the Committee on Finance and Taxation, expressing Kansas, whereupon he requested the Sergeant-at- sincere appreciation to Dr. Roy E. Brown, chairman Arms to escort this group to the rostrum, where the of the Tax Study Committee of the Chamber of Com presentation was to be made by Mrs. John F. Fox, merce of Honolulu, for his invaluable assistance in wife of the president of Punahou School, on behalf of supplying data on public finances and taxation, and the people of the “Sunflower” State; and at 8:45 o’cloc requesting that a copy of his letter be forwarded to a.m., the Convention stood in recess, subject to the Dr. Brown by the President of the Convention, was call of the Chair, in order that this ceremony might read by the Clerk (see Sec. B, Misc. Corn. No. 108). be proceeded with, informally. At 8:51 o’clock a.m., The communication was received and placed on file. the presentation having been made, the Convention A communication from Henry A. White, chairman reconvened and proceeded with the regular order of of the Committee on Taxation and Finance, acknowl business. edging invaluable assistance from the legal firm of At this time, Delegate Woolaway moved that the Wood, King & Dawson, New York City, particularly Convention resolve itself into a Committee of the with respect to debt limitations, and requesting that Whole for the further consideration of Standing Com the Convention record its appreciation to this firm mittee Reports Nos. 53, 54, 55, 56, 57, 58, 62, 63, for this assistance, and asking that a copy of this 64, 65 and 66; Committee Proposals Nos. 12, 13, 14, letter be forwarded to that firm, was read by the 15, 16, 17, 18, 19, 20 and 21, and Resolution No. 29, Clerk (see Sec. B, Misc. Com. No. 109). The com from the Committee on Miscellaneous Matters. munication was received and placed on file. Seconded by Delegate Bryan, and carried; and at 8:52 A communication from Henry A. White, chairman o’clock a.m., the Convention resolved itself into a of the Committee on Taxation and Finance, acknowl Committee of the Whole for such purpose, with Dele edging invaluable assistance in connection with its gate Castro as chairman. SIXTY-FOURTH DAY • Wednesday, June 28, 1950 103 At 11:53 o’clock a.m., the committee rose, and the time, was read by the Clerk (see Sec. B, Gov.’s Convention reconvened. Message No. 5). The communication was received Delegate Castro, for the Committee of the Whole and placed on file. having under consideration the above enumerated Delegates Lyman, Sakakihara, Okino, Dot, Ihara, standing committee reports and committee proposals Cockett, Woolaway, Bryan, Akau, Kawakami, Holroyde, and said Resolution No. 29, orally reported progress Arthur K. Trask, Fong, Fukushima, Kauhane, Kam, and asked leave to sit again. Upon motion by Dele Shimamura, Larsen, Corbett, Yamauchi, Kage, Smith, gate Crossley, seconded by Delegate Bryan, and car Nielsen, Luiz, Dowson, Loper, Kawahara, Silva, ried, the oral report of the committee was adopted. Crossley, Serizawa, Arashiro and Noda offered a At 11:54 o’clock a.m., upon motion by Delegate resolution requesting the Postmaster General of the Porteus, seconded by Delegate Crossley, and car United States, upon the admission of Hawaii as a ried, the Convention stood in recess until 1:30 state of the Union, to cause a 6-cent airmail stamp o’clock this afternoon. to be designed, embodying therein the seal of the State of Hawaii, and to issue said stamps in comme AFTERNOON SESSION moration of the admission of Hawaii into the Union; and requesting the Secretary of the Treasury, at The Convention reconvened at 1:44 o’clock p.m., such designated time, to cause a 50-cent coin to be with the President in the Chair, and all delegates designed, embodying the seal of the State of Hawaii being present, with the exception of Delegates Kome thereon and other appropriate designs, and to have tani, Lee, Okino, Phillips, Sakai, White and Wist, said coin struck and issued in commemoration of excused. this same occasion (see Sec. B, Res. No. 44). Upon At this time, Delegate Apoliona moved that the motion by Delegate Sakakihara, seconded by Delegate Convention resolve itself into a Committee of the Bryan, and carried, the resolution was referred to Whole for the further consideration of Standing Com the Committee on Miscellaneous Matters. mittee Reports No. 53, 54, 55, 56, 57, 58, 62, 63, 64, The President announced at this time that all 65 and 66; Committee Proposals Nos. 12, 13, 14, 15, matters remaining undisposed of on today’s calendar 16, 17, 18, 19, 20 and 21, and Resolution No. 29, from would be deferred uhtil tomorrow. the Committee on Miscellaneous Matters. Seconded Delegate Roberts suggested that the Convention by Delegate Yamamoto, and carried; and at 1:45 convene tomorrow morning at 9:30, instead of the o’clock p.m., the Convention resolved itself into a usual hour of 8:30, in order that the delegates might Committee of the Whole for such purpose with Dele have more time in the morning to study the commit gate Castro as chairman. tee reports before them, before the hour of conven At 4:53 o’clock p.m., the committee rose and the ing. Delegate Woolaway moved that the Convention Convention reconvened. adjourn until 9:00 o’clock a.m., tomorrow, which Delegate Castro, for the Committee of the Whole, motion was seconded by Delegate Sakakihara, and having under consideration the above enumerated carried; and at 5:07 o’clock p.m., the Convention standing committee reports, committee proposals adjourned until 9:00 o’clock a.m., on Wednesday, and Resolution No. 29, orally reported progress and June 28, 1950. asked leave to sit again. Upon motion by Delegate Crossley, seconded by Delegate Bryan, and carried, the oral report of the committee was adopted. SIXTY-FOURTH DAY • Wednesday, June 28, 1950 Under suspension of the rules, and by unanimous consent, Delegate Heen, for the Committee on Legis The Convention convened at 9:09 o’clock a.m., lative Powers and Functions, introduced Committee with President King presiding. Proposal No. 30, “Relating to a Schedule Describ The divine blessing was invoked by Chaplain Judd, ing Representative Districts.” Upon motion by Dele after which the roll was called, showing all delegates gate Heen, seconded by Delegate Bryan, and carried, present. the committee proposal passed first reading by title The President stated that he would report tomor and was referred to the Printing Committee. row on the journal of the sixty-second and sixty-third A communication from Hon. Oren E. Long, Act days, as he had not yet had an opportunity to read it. ing Governor of Hawaii, informing the Convention At this juncture, President King announced that he that an additional $15,000 had been allocated from had just received a radiogram from Washington in the Governor’s contingent fund, with the full know forming him that the statehood bill (H.R. 49), had ledge and approval of Governor Stainback, for the been favorably reported out by the Committee on completion of the work of the Convention; and con Interior and Insular Affairs of the Senate, by a vote gratulating the Convention on the progress it had of 9 to 1, the only member of the committee voting made, and stating that there was an agreement that against it being Senator Butler, Republican. Two it was more important that this assignment be well Republican members had voted for it and three Re done, rather than being completed within a given publican members did not vote, and all seven of the 104 CONVENTION JOURNAL Democratic members had voted favorably on it. The itself into a Committee of the Whole for the consider message also stated that it was expected that the bill ation of said committee reports and said committee would come up on the floor of the Senate on July 15th. proposals, with Delegate Anthony as chairman. Delegate Anthony moved that the President be in The Committee rose at 11:54 o’clock a.m., and the structed to send a radiogram to the chairman of the Convention reconvened. Senate Committee on Interior and Insular Affairs, expressing the gratitude of the Convention to the com Delegate Anthony, for the Committee of the Whole, mittee for their action on this Bill, and expressing having under consideration Standing Committee Re the confidence of the Convention in the committee. ports Nos. 92 and 95 and Committee Proposals Nos. Seconded by Delegate Mau, and carried unanimously. 29 and 30, orally reported progress and asked leave At 9:16 o’clock a.m., the President declared a to sit again. Upon motion by Delegate Crossley, recess, subject to the call of the Chair. At 10:00 seconded by Delegate Dowson, and carried, the oral o’clock a.m., the Convention reconvened. report of the committee was adopted. Delegate Silva, for the Committee on Printing, At this juncture, Delegate Arthur K. Trask rose presented a report on the printing of Com on a point of personal privilege to present, on behalf mittee Proposal No. 30 and Resolution No. 44 (see of the people of Kaneohe, ilima leis to each of the Sec. B, Standing Com. Rpt. No. 97). The report was lady delegates, as an expression of their gratification received and placed on file. that the Convention had decided to recommend to the Legislature the selection of the ilima as the official Consideration of Committee Proposal No. 30, flower of the State of Hawaii; and also presented, “Relating to a Schedule Describing Representative from these same people, as a token of aloha and Districts”: Delegate Heen moved that the rules be appreciation, an ilima plant to one delegate from suspended and that this proposal be considered, on each island and county represented in the Convention, second reading, at the time that Standing Committee as follows: to Delegate Ashford from the Island of Reports Nos. 92 and 95 are before the Convention, Molokai, County of Maui; to Delegate Charles A. with Committee Proposal No. 29, from the Commit Rice, the senior delegate from Kauai, to Delegate tee on Legislative-Powers and Functions. Seconded Sakakiha.ra from Hawaii, and to Presidient King from by Delegate Lee, and carried. Kaneohe, Island of Oahu. Delegate Shimamura, for the Committee on Ordi Delegates Heen, Lee and Wirtz, the minority of nances and Continuity of Law, presented a report the Committee on Legislative Powers and Functions, recommending that Proposal No. 14, originally re presented a report disagreeing with the majority re ferred to the Committee on Judiciary, relating to port of that committee, insofar as it establishes a “the judiciary,” be placed on file for the reasons set senate of twenty-five members, recommending the for in the report (see Sec. B, Standing Com. Rpt. amendment of Committee Proposal No. 29 in accord No.98). Upon motion by Delegate Shimamura, sec ance with the amendments set forth md attached to onded by Delegate Sakakihara, and carried, the report the minority report (see Sec. B, Standing Corn. Rpt. of the committee was adopted. and Proposal No. 14 No. 99). The report was received and referred to was thereupon placed on file. - the Committee on Printing, for printing. At this time, Delegate Heen moved that the rules be suspended, and that the Convention take up the Delegate Wist, for the Committee on Style, pre consideration of Standing Committee Reports Nos. sented a report on Committee Proposal No. 7, as 92 and 95, and Committee Proposals Nos. 29 and 30 amended, relating to the judiciary, recommending from the Committee on Legislative Powers and Func the amendment of the said committee proposal, and tions, originally set on the calendar for consideration submitting the same for the consideration of the Con tomorrow. Seconded by Delegate Wirtz, and carried. vention in the amended form attached to the report Delegate Heen moved that Standing Committee and designated “Article VI” (see Sec. B, Standing Reports Nos. 92 and 95 and Committee Proposals Corn. Rpt. No. 100). Upon motion by Delegate Wist, Nos. 29 and 30, from the Committee on Legislative seconded by Delegate Noda, and carried, the report Powers and Functions, be referred to the Committee of the committee was adopted and ordered printed, of the Whole. Seconded by Delegate Holroyde, and with the amended form of Committee Proposal No. carried. 7, designated as “Article VI.” The President At this time, Delegate Heen moved that the Conven gave notice at this time that the committee proposal, tion resolve itself into a Committee of the Whole for as amended, designated as “Article VI,” would be the consideration of Standing Committee Reports placed on the calendar, on General Orders, for con Nos. 92 and 95 and Committee Proposals Nos. 29 and sideration on third reading on Friday, June 30th. 30~ Seconded by Delegate Holroyde, and carried. At 11:59 o’clock a.m., upon motion by Delegate The President thereupon appointed Delegate An Noda, seconded by Delegate Woolaway, and cariied, thony as chairman of the said Committee of the Whole; the Convention stood in recess until 1:30 o’clock and at 10:04 o’clock a.m., the Convention resolved this afternoon. SIXTY-FOURTH DAY • Wednesday, June 28, 1950 105 AFTERNOON SESSION At this time, Delegate Heen moved that the Conven tion resolve itself into a Committee of the Whole for The Convention reconvened at 1:50 o’clock p.m., the consideration of Standing Committee Reports Nos. with the President in the Chair and all delegates 92, 95, 99, and 102, from the majority and minority being present. of the Committee on Legislative Powers and Func Delegate Silva, for the Committee on Printing, tions and Committee Proposals Nos. 29 and 30. presented a report on the printing of Standing Com Seconded by Delegate Smith, and carried; and at mittee Report No. 99 (see Sec. B, Standing Com. 1:58 o’clock p.m., the Convention resolved itself Rpt. No. 101). The report was received and placed into a Committee of the Whole for such purpose, with on file. Delegate Anthony as chairman. At 4:13 o’clock a.m., the committee rose and the Consideration of Standing Committee Report No. Convention reconvened. 99, from the three minority members of the Commit Delegate Anthony, for the Committee of the Whole, tee on Legislative Powers and Functions, recom- - having under consideration Standing Committee Re mending the amendment of Committee Proposal No. ports Nos. 92, 95, 99 and 102 and Committee Pro 29 in accordance with the amendments set forth and posals Nos. 29 and 30, orally reported. progress and attached to the said report: Delegate Heen moved asked leave to sit again. Upon motion by Delegate that the rules be suspended, and that the report be Dowson, seconded by Delegate Woolaway, and carried, considered at the time that Standing Committee Re the oral report of the committee was adopted. ports Nos. 92 and 95 and Committee Proposals Nos. 29 and 30 are being considered, and that the report At this time, Delegate Harold W. Rice moved that be referred to the Committee of the Whole having the Convention resolve itself into a Committee of the under consideration the above mentioned standing Whole for the further consideration of Standing Com committee reports and committee proposals. Sec mittee Reports Nos. 79 and 81, from the majority onded by Delegate Wirtz, and carried. and minority, respectively, of the Committee on In Delegates Heen, Lee and Wirtz, the minority of dustry and Labor, and Committee Proposal No. 28, the Committee on Legislative Powers and Functions, “Relating to Right of Persons to Organize.” Sec presented a report disagreeing with the majority re onded by Delegate Woolaway, and carried; and at port on the legislative article insofar as that report 4:15 o’clock p.m., the Convention resolved itself proposes a House of Representatives of 51 members, into a Committee of the Whole for the further con recommending the amendment of Committee Proposal sideration of the said standing committee reports and said proposal, with Delegate Rice as chairman. No. 29 in accordance with the amendments set forth and attached to the said report of the minority mem At 4:28 o’clock p.m., the committee rose and the Convention reconvened. bers (see Sec. B, Standing Com. Rpt. No. 102). The report was received and referred to the Committee Delegate Harold W. Rice, for the Committee of on Printing for printing. the Whole, having under consideration Standing Com mittee Reports Nos. 79 and 81 and Committee Pro Senator Silva, for the Committee on Printing, posal No. 28 from the Committee on Industry and presented a report on the printing of Standing Com Labor, orally reported progress and asked leave to mittee Report No. 102 (see Sec. B, Standing Corn. sit again, and stated that in the meantime the written Rpt. No. 103). The report was received and placed report of the committee, which was before the Com on file. mittee of the Whole for consideration today, with the Consideration of Standing Committee Report No. amended form of Committee Proposal No. 28, was 102, from the three members of the minority of the being printed and would be distributed to the members. Committee on Legislative Powers and Functions, Upon motion by Delegate Harold W. Rice, seconded disagreeing with the majority report on the legisla by Delegate Dowson, and carried, the oral report of tive article insofar as that report proposes a House the committee was adopted. of Representatives of fifty-one members, recommend At this time, Delegate Woolaway moved that the ing the amendment of Committee Proposal No. 29 Convention resolve itself into a Committee of the in accordance with the amendments set forth and Whole for the further consideration of Standing Com attached to the minority report: mittee Reports Nos. 53, 54, 55, 56, 57, 58, 62, 63, Delegate Heen moved that the rules be suspended, 64, 65 and 66, Committee Proposals Nos. 12, 13, 14, and that the report be considered at the time Stand 15, 16, 17, 18, 19, 20 and 21, and Resolution No. 29, ing Committee Reports Nos. 92, 95 and 99 and Com from the Committee on Miscellaneous Matters. mittee Proposals Nos. 29 and 30 are being consider Seconded by Delegate Sakakihara, and carried; and ed; and that the report be referred to the Committee at 4:29 o’clock p.m., the Convention resolved itself of the Whole having under consideration the above into a Committee of the Whole for such purpose, with enumerated standing committee reports and commit Delegate Castro as chairman. tee proposals. Seconded by Delegate Lee, and car At 4:33 o’clock p.m., the committee rose and the ried. Convention reconvened. 106 CONVENTION JOURNAL Delegate Castro, for the Committee of the Whole, The committee rose at 4:18 o’clock p.m., and the presented a report recommending the passage of Convention reconvened. Committee Proposal No. 13, providing for a state Delegate Anthony, for the Committee of the Whole. flag; recommending the passage of Committee Pro having under consideration Standing Committee Re posal No. 15, relating to state boundaries; recom ports Nos. 92, 95, 99 and 102 and Committee Pro mending the passage of Committee Proposal No. 16, posals Nos. 29 and 30, orally reported progress and relating to civil service; and recommending the asked leave to sit again. Upon motion by Delegate passage of Committee Proposal No. 21, relating to James K. Trask, seconded by Delegate Sakakihara, equal rights; and further recommending that Standing and carried, the oral report of the committee was Committee Reports Nos. 54, 56, 57 and 65 be adopted adopted. (see Sec. B, Corn. of Whole Rpt. No. 11). Upon mo The President announced that all matters on the tion by Delegate Castro, seconded by Delegate Saka calendar for today which remained undisposed of kihara, and carried, the report of the committee was would be placed on the calendar for tomorrow. adopted; Committee Proposals Nos. 13, 15, 16 and 21 Upon motion by Delegate Sakakihara, seconded thereupon passed second reading, and Standing Com by Delegate Anthony, and carried, the Convention mittee Reports Nos. 54, 56, 57 and 65 were thereby adjourned until 9:00 o’clock a.m., on Friday, June adopted. The President thereupon referred the com 30, 1950. mittee proposals to the Committee on Style for con sideration as to phraseology only, for report within five convention days, and ordered the report of the SIXTY-SIXTH DAY • Friday, June 30, 1950 Committee of the Whole printed. Delegate Castro, for the Committee of the Whole, The Convention convened at 9:17 o’clock a.m., having under consideration Standing Committee Re with the President presiding. ports Nos. 53, 55, 58, 62, 63, 64 and 66 and Commit The divine blessing was invoked by Chaplain Judd, tee Proposals Nos. 12, 14, 17, 18, 19 and 20 and after which the roll was called, showing all delegates Resolution No. 29, orally reported progress and present, with the exception of Delegates Kawakami asked leave to sit again for the further consider a and Okino, excused. tion thereof. Upon motion by Delegate Castro, sec - The President announced that he would report onded by Delegate Sakakihara, and carried, the oral tomorrow on the journal of the sixty-fourth and report of the committee was adopted. sixty-fifty days, which he had not yet had time to The President stated that all matters remaining read. undisposed of on today’s calendar would be placed At this time, Delegate Harold W. Rice moved that on the calendar for consideration tomorrow. the Convention resolve itself into a Committee of the At 4:38 o’clock p.m. upon motion by Delegate Whole for the further consideration of Standing Com Fong, seconded by Delegate Sakakihara, and carried, mittee Reports Nos. 79 and 81, from the majority the Convention adjourned until 9:00 o’clock a.m., on and minority, respectively, of the Committee on In Thursday, June 29, 1950. dustry and Labor, and Committee Proposal No. 28, “Relating to Right of Persons to Organize.” Second ed by Delegate Dowson, and carried; and at 9:21 SIXTY-FIFTH DAY • Thursday, June 29, 1950 o’clock a.m., the Convention resolved itself into a Committee of the Whole for such purpose, with Dele The Convention convened at 9:10 o’clock a.m., gate Harold W. Rice as chairman. with President King in the Chair. At 9:23 o’clock a.m., the committee rose and the After prayer by Chaplain Judd, the roll was called, Convention reconvened. showing all delegates present. Delegate Rice, for the Committee of the Whole, The President announced that the journal of the having under consideration Standing Committee Re sixty-second and sixty-third days had been approved; ports Nos. 79 and 81 from the majority and minority, and that he would report tomorrow on the journal of respectively, of the Committee on Industry and La the sixty-fourth day as he had not yet had an oppor bor, and Committee Proposal No. 28, “Relating to tunity to read it. Right of Persons to Organize,” presented a report At this time, Delegate Heen moved that the Con recommending: (1) that Standing Committee Report vention resolve itself Into a Committee of the Whole No. 79 be adopted, with the exception of the recom for the further consideration of Standing Committee mendation as to the adoption of Committee Proposal Reports Nos. 92, 95, 99 and 102 and Committee Pro No. 28 as submitted by the Committee on Industry posals Nos. 29 and 30, relating to legislative powers and Labor; (2) that Committee Proposal No. 28 be and functions. Seconded by Delegate Dowson, and amended in the manner proposed in the report of the carried; and at 9:14 o’clock a.m., the Convention Committee of the Whole; (3) that said Committee resolved itself into a Committee of the Whole for Proposal No. 28, as amended, a copy of which was such purpose, with Delegate Anthony as chairman. attached to the Committee of the Whole report, pass SIXTY-SEVENTH DAY • Saturday, July 1, 1950 107 second reading; and (4) that Standing Committee Re dar, on General Orders, for consideration on third port No. 81 from the minority of the Committee on reading on Monday, July 3, 1950. Industry and Labor be placed on file (see Sec. B, Delegate Silva, for the Committee on Printing, Com. of Whole Rpt. No. 12). Upon motion by Dele presented a report on the printing of matters referred gate Harold W. Rice, seconded by Delegate Lai, the to it (see Sec. B, Standing Com. Rpt. No. 105). The report of the committee was adopted; Committee report was received and placed on file. Proposal No. 28, as amended, passed second reading; Delegate Yamauchi, for the Committee on Miscel Standing Committee Report No. 79 was adopted, with laneous Matters, presented a report returning Pro the exception of the recommendation as to the adop posal No. 53 with the recommendation that it be tion of Committee Proposal No. 28 as submitted by placed on file, for the reasons set forth in the report the Committee on Industry and Labor; and Standing (see Sec. B, Standing Corn. Rpt. No. 106). Upon Committee Report No. 81 was thereupon placed on motion by Delegate Yamauchi, seconded by Delegate file. The President referred the committee proposal, Dowson, and carried, the report of the committee as amended, to the Committee on Style for considera was adopted; and Proposal No. 53 was thereupon tion as to phraseology only, and report within five placed on file. convention days, and ordered Committee of the Whdle A communication from Rhoda V. Lewis, Assist Report No. 12 printed. ant Attorney General of the Territory of Hawaii, call At this time, Delegate Woolaway moved that the ing attention to the problems raised by the inclusion Convention resolve itself into a Committee of the of a new provision on H.R. 49, Committee Print C of June 26, 1950, relating to a provision to be in Whole for the further consideration of Standing Com mittee Reports Nos. 92, 95, 99 and 102 and Commit cluded in the constitution relative to the right and title to all lands, title to which is held by the United tee Proposals Nos. 29 and 30, from the Committee on Legislative Powers and Functions. Seconded by States; and further, calling attention to the fact Com Delegate Dowson, and carried; and at 9:24 o’clock mittee Print C omits an amendment proposed by the a.m., the Convention resolved itself into a Committee Hawaii Statehood Commission, so that the state will of the Whole for such purpose, with Delegate Anthony be entitled to make its selections of 180,000 acres as chairman. of land only from “public lands” as defined by the Hawaiian Organic Act, was read by the Clerk (see At 3:50 o’clock p.m., the committee rose and the Sec. B, Dept. Corn. No. 11). Upon motion by Dele Convention reconvened. gate Silva, seconded by Delegate Sakakihara, and Delegate Anthony, for the Committee of the Whole, carried, the communication was referred to the Com having under consideration Standing Committee Re mittee on Agriculture, Conservation and Land. ports Nos. 92, 95, 99 and 102 and Committee Pro The President announced that all matters remain posals Nos. 29 and 30, from the Committee on Legis ing undisposed of on today’s calendar would be de lative Powers and Functions, orally reported pro ferred until tomorrow. gress and asked leave to sit again. Upon motion by At 4:03 o’clock p.m., upon motion by Delegate Delegate James K. Trask, seconded by Delegate Dow- Woolaway, seconded by Delegate Noda, and carried, son, and carried, the report of the committee was the Convention adjourned until 8:30 o’clock n.m., adopted. on Saturday, July 1, 1950. Third Reading of Committee Proposal No. 7, de signaled “Article VI”: Upon motion by Delegate Silva, seconded by Delegate Sakakihara, and carried, action on the Committee Proposal 7, designated as SIXTY-SEVENTH DAY • Saturday, July 1, 1950 “Article VI,” was deferred until Wednesday, July 5th. The Convention convened at 8:38 o’clock a.m., Delegate Wist, for the Committee on Style, pre after which the Chaplain invoked the divine blessing. sented a report on Committee Proposal No. 11, re The President stated that the rules would be sus lating to education, recommending the amendment pended in order that the delegates might have the of the said proposal, and submitting the same for privilege, before proceeding with the regular order consideration of the Convention in the amended form of business, to hear an informal talk by Mrs. John attached to the report, and designated “Article XI” E. Hayes, president of the National Congress of (see Sec. B, Standing Corn. Rpt. No. 104). Parents and Teachers, who was present in the con Upon motion by Delegate Wist, seconded by Dele vention hall, and who is on her way to Japan as gate Noda, and carried, the report of the committee counselor, guide and advisor to the Parent-Teachers was adopted and ordered printed, with the amended Association started in that country two years ago. form of Committee Proposal No. 11, designated He thereupon appointed Delegates Akau, Hayes, “Article XI.” The President gave notice at this Kellerman and Corbett to escort the distinguished time that the committee proposal, as amended, desig visitor to the rostrum, and asked that Delegate Akau nated “Article XI,” would be placed on the calen present Mrs. Hayes to the delegates; and at 8:39 108 CONVENTION JOURNAL o’clock a.m., the President declared a recess, sub 29, from the Committee on Legislative Powers and ject to the call of the Chair. Functions, orally reported progress and asked leave After hearing a brief and very interesting mI or to sit again. Upon motion by Delegate Dowson, sec mal talk by Mrs. Hayes on the purpose of her mission, onded by Delegate Crossley, and carried, the oral the Convention reconvened and proceeded with the report of the committee was adopted. business before it, at 8:53 o’clock a.m. At 11:41 o’clock a.m., upon motion by Delegate The roll was then called, showing all delegates Woolaway, seconded by Delegate Roberts, and car present, with the exception of Delegates Castro, ried, the Convention adjourned until 9:00 o’clock Cockett, Kawakami, Luiz, Mizuha, Nielsen, Okino, a.m., on Monday, July 3, 1950. Charles A. Rice, Harold W. Rice, Richards, Sakai and White, excused. The journal of the sixty-fourth and sixty-fifty days was approved. SIXTY-EIGHTH DAY • Monday, July 3, 1950 At 8:56 o’clock a.m., the Convention stood in recess, subject to the call of the Chair. At 9:04 The Convention convened at 9:00 o’clock a.m., o’clock a.m., the Convention reconvened. with the President presiding. At this time, Delegate Sakakihara moved that the The divine blessing was invoked by Chaplain Judd, Convention resolve itself into a Committee of the alter which the President announced that a recess Whole for the further consideration of Standing Com would be declared at this time in order that the dele mittee Reports Nos. 92, 95, 99 and 102 and Commit gates might participate in a patriotic ceremony to be tee Proposals Nos. 29 and 30, from the Committee conducted by Mr. Thomas R. Shields, executive on Legislative Powers and Functions. Seconded by secretary of the Chamber of Commerce of Honolulu, Delegate Arashiro, and carried; and at 9:07 o’clock interim custodian of one of 52 exact replicas of the a.m., the Convention resolved itself into a Commit original Liberty Bell which had proclaimed independ tee of the Whole for such purpose, with Delegate ence for our nation 176 years ago, which bell had Anthony as chairman. been presented to Hawaii by the United States Treas At 10:52 o’clock a.m., the committee rose, and the ury Department for use in the forthcoming bond drive. Convention reconvened. At 9:01 o’clock a.m., the Convention stood in re Delegate Anthony, for the Committee of the Whole, cess, subject to the call of the Chair. having under consideration Standing Committee Re The Convention reconvened at 9:23 o’clock a.m. ports Nos. 92, 95, 99 and 102 and Committee Pro alter a brief, impressive ceremony which opened by posals Nos. 29 and 30, from the Committee on Legis the playing of “The Liberty Bell March” and “Ha lative Powers and Functions, orally reported pro waii Ponoi” by the Royal Hawaiian Band, followed gress and asked leave to sit again. Upon motion by by brief remarks by Mr. Shields on the significance Delegate Dowson, seconded by Delegate Crossley, of the Liberty Bell, and thereafter an inspiring and carried, the oral report of the committee was address by Col. George F. Unmacht, U.S.A., retired, adopted. and which had closed by the tolling of the bell 49 Delegate Wirtz then moved that the Convention times, from its position just outside the doors on again resolve itself into a Committee of the Whole the mauka end of the convention hail, and by the play for the further consideration of Committee Proposal ing of the national anthem by the band. No. 29 from the Committee on Legislative Powers The roll was then called by the Clerk, showing all and Functions. rhe motion was seconded by Dele delegates present, with the exception of Delegates gate Smith. Cockett, Kage, Kawakami, Luiz, Mizuha, Nielsen, Delegate Silva moved that the Convention adjourn Okino, Charles A. Rice, Harold W. Rice, Richards, until Monday, at 9:00 o’clock a.m. Seconded by Dele Sakai, Serizawa, Silva and White, excused. The gate Sakakihara, which motion was put by the Chair journal of the sixty-stxth and sixty-seventh days was and lost, on a showing of hands. approved. The Chair thereupon put the motion made by Dele At this time, President King asked Delegate Cross gate Wirtz, which was duly seconded, that the Conven ley to assume the Chair, which he did. tion resolve itself into a Committee of the Whole for Delegate King then rose on a point of privilege of the further consideration of Committee Proposal No. the Convention to comment on an editorial which had 29 from the Committee on Legislative Powers and appeared in the Honolulu Advertiser on July 2nd Functions, which was carried; and at 11:03 o’clock relative to the work of the Convention and the length a.m., the Convention resolved itself into a Committee of time it was taking the Convention to draft the con of the Whole for such purpose, with Delegate Anthony stitution, to which he took exception, particularly as as chairman. to the accomplishments of the Convention. He sub At 11:40 o’clock a.m., the committee rose and the stantiated his refutation of some of the statements Convention reconvened. in the editorial by enumerating the various proposals Delegate Anthony, for the Committee of the Whole, that had already passed third reading, those that having under consideration Committee Proposal No. were not pending before the Convention for third SIXTY-EIGHTH DAY • Monday, July 3, 1950 109 reading, and those that were pending before this body At 11:28 o’clock a.m., the committee rose and on second reading. the Convention reconvened. As a matter of record, Delegate King pointed out Delegate Doi, for the Committee of the Whole, that the committees had all worked long hours, and having under consideration Standing Committee Re that the Committee on Style was still continuing to ports No.s 68, 70 and 73 and Committee Proposals work long hours; and he felt that, all in all, such an Nos. 23, 24 and, 25, orally reported progress and editor ial was a little unfair; and he felt sure the asked leave to sit again. Upon motion by Delegate Convention was doing its best to expedite its work, Sakakihara, seconded by Delegate Dowson, and car and would do so from now on, so that its work could ried, the oral report of the committee was adopted. be completed within the date-line of its finances, and At 11:30 o’clock a.m., upon motion by Delegate that it would be entirely completed by July 15th. Ashford, seconded by Delegate Woolaway, and car Delegate Crossley here retired; and President ried, the Convention stood in recess, subject to the King resumed the Chair. call of the Chair. Delegate Roberts then rose to commend the Pre At 11:49 o’clock a.m., the Convention reconvened. sident for his statement in officially replying to the Delegate Wist, for the Committee on Style, orally editorial of July 2nd; and stated that to let this go reported, requesting permission to submit the report unchallenged would not only be a disservice to the of that committee on Committee Proposal No. 9, from delegates but a disservice to the community. In the Committee on Revision, Amendments, Initiative, addition, he made the observation that the communi Referendum and Recall, on Wednesday, July 5th, in ty had been looking to the Convention to draft a con stead of today, which report was due to be presented stitution and he thought that it was doing a good job. to the Convention today. The editorial, he said, in two specific respects, There being no objection, the President granted gave the impression that the Convention was taking the request. too long in doing this job, and In this connection gave At this time, Delegate Castro moved that the Con the length of time it took Missouri, illinois, Georgia, vention resolve itself into a Committee of the Whole New Jersey and New York to revise their respective for the further consideration of Standing Committee constitutions, to show that this Convention had pro Reports Nos. 53, 55, 58, 62, 63, 64 and 66, Commit gressed with its work quite effectively as compared tee Proposals Nos. 12, 14, 17, 18, 19 and 20 and with other states. Resolution No. 29 from the Committee on Miscel Delegates Corbett, Ashford, Fong, Woolaway, Lai, laneous Matters. Seconded by Delegate Hayes, and Tavares and Anthony each rose to comment on the carried; and at 11:52 o’clock a.m., the Convention editorial and its criticism of the Convention. resolved itself into a Committee of the Whole for the further consideration of the above enumerated The Chair closed the discussion by commenting standing committee reports, committee proposals that the Convention had received splendid coverage and Resolution No. 29, with Delegate Castro as by the press, but felt that this editorial could not go chairman. by unchallenged because of the impression that it At 12:09 o’clock p.m., the committee rose and the would leave with the people as a whole. Convention reconvened. Delegate Castro, for the Committee of the Whole, Consideration of Standing Committee Reports Nos. having under consideration Standing Committee Re 68, 70 and 73 and Committee Proposals Nos. 23, 24 port No. 58 and Committee Proposal No. 17, relating and 25, from the Committee on Ordinances and Con to intergovernmental relations, presented a report tinuity of Law, on General Orders: Delegate Shima recommending the amendment of Committee Propos mura moved that the above enumerated standing com al No. 17, recommending the passage of said Com mittee reports and committee proposals be referred mittee Proposal No. 17 in the amended form attached to the Committee of the Whole. Seconded by Delegate to the report, on second reading, and further recom Crossley, and carried. mending that Standing Committee Report No. 58 be At this time, Delegate Shimarnura moved that the adopted, subject to the amendments made by the re Convention resolve itself into a Committee of the port of the Committee of the Whole (see Sec. B, Corn. Whole for the consideration of Standing Committee of Whole Rpt. No. 15). Upon motion by Delegate Dow- Reports Nos. 68, 70 and 73 and Committee Proposals son, seconded by Delegate Holroyde, and carried, the 23, 24 and 25. Seconded by Delegate Crossley, and report of the committee was adopted; Committee Pro carried. posal No. 17 passed second reading as amended; and The President thereupon appointed Delegate Doi Standing Committee Report No. 58 was adopted, sub as chairman of said Committee of the Whole; and at ject to the amendments made by the report of the 9:48 o’clock a.m., the Convention resolved itself into Committee of the Whole. The President thereupon a Committee of the Whole for the consideration of referred the committee proposal as amended, to the said standing committee reports and said committee Committee on Style for consideration as to phrase proposals, with Delegate Doi as chairman. ology only and for report to the Convention within 110 CONVENTION JOURNAL five convention days, and ordered the report of the Party, stating that this organization, representing Committee of the Whole printed. the Republican Precinct Clubs on Molokai had gone Delegate Castro, for the Committee of the Whole, on record as favoring the present system of electing having under consideration Standing Committee Re representatives to the territorial legislature, as port No. 63 and Committee Proposal No. 19 accom against the proposed system, unless Maui was divi panying the same, relating to oath of office, present ded into five separate districts, was read by the ed a report recommending the amendment of Com Clerk (see Sec. B, Misc. Corn. No. 112). The com mittee Proposal No. 19, and recommending the munication was received and referred to the Com passage of the proposal on second reading in the mittee of the Whole having under consideration Stand amended form attached to the report; and further ing Committee Report No. 92 and Committee Pro recommending the adoption of the Standing Commit posal No. 29 from the Committee on Legislative tee Report No. 63, subject to the amendments made Powers and Functions. by the report of the Committee of the Whole (see A communication from S. H. H. Ashford, Magis Sec. B, Corn. of Whole Rpt. No. 16). trate, Molokai District Court, opposing the proposed Upon motion by Delegate Dowson, seconded by system of electing representatives to the Territorial Delegate Hoiroyde, and carried, the report of the Legislature, was read by the Clerk (see Sec. B, Misc. committee was adopted; Committee Proposal No. 19 Corn. No. 113). The communication was received and passes second reading as amended; and Standing Com referred to the Committee of the Whole having under mittee Report No. 63 was adopted, subject to the consideration Standing Committee Report No. 92 and amendments made by the report of the Committee of Committee Proposal No. 29, relating to this subject the Whole. The President thereupon referred the matter. committee proposal as amended, to the Committee A communication from the acting chairman of the on Style for consideration as to phraseology only, Lanai Residents’ Committee for Self-Government and for report to the Convention within five conven opposing the proposed plan to set up a separate re tion days, and ordered the report of the Committee presentative district, composed of Molokai and Lanai, of the Whole printed. and electing five out of six from the County of Maui, Delegate Castro, for the Committee of the Whole, and recommending three other approaches for the having under consideration Standing Committee Re consideration of the Convention, was read by the ports Nos. 53, 55, 62, 64 and 66 and Committee Pro Clerk (see Sec. B, Misc. Corn. No. 114). The com posals Nos. 12, 14, 18 and 20 and Resolution No. 29, munication was received and referred to the Commit- orally reported progress and asked leave to sit again. of the Whole having under consideration Standing Upon motion by Delegate Dowson, seconded by Dele Committee Report No. 92 and Committee Proposal gate Holroyde, and carried, the oral report of the No. 29, relating to this subject matter. committee was adopted. At this time, Delegate Bryan moved that the Con At 12:13 o’clock p.m., upon motion by Delegatc vention resolve itself into a Committee of the Whole Anthony, seconded by Delegate Sakakihara, and for the further consideration of Standing Committee carried, the Convention adjourned until 9:00 o’clock Report No. 67, with Standing Committee Reports No. a.m., on Wednesday, July 5, 1950. 67-A, 67-B and 67-C attached thereto, and Commit tee Proposal No. 22 from the Committee on Execu tive Powers and Functions. Seconded by Delegate SIXTY-NINTH DAY • Wednesday, July 5, 1950 Hayes, and carried; and at 9:16 o’clock a.m., the Convention resolved itself into a Committee of the The Convention convened at 9:07 o’clock a.m., Whole for such purpose, with Delegate Bryan as with President King presiding. chairman. Alter prayer by Chaplain Judd, the roll was called, At 10:51 o’clock a.m., the committee rose and showing all delegates present, with the exception of the Convention reconvened. Delegates Kawakami, Sakai and White, excused. The Delegate Bryan, for the Committee of the Whole President stated that he would report tomorrow on having under consideration Standing Committee Re the journal of the sixty-eighth day. port No. 67, with Standing Committee Reports Nos. A communication from the Director of Coopera 67-A, 67-B and 67-C attached thereto, presented a tive Extension Work in Agriculture and Home Econo report recommending: (1) that Committee Proposal mics, Territory of Hawaii, expressing appreciation No. 22 be amended as set forth in the report; (2) that, for the recognition given the 4-H Club member dele as so amended, Committee Proposal No. 22 pass gates when they recently appeared before the Conven second reading; (3) that Standing Committee Report tion, was read by the Clerk (see Sec. B, Misc. Corn. No. 67 be adopted, except as the same may be incon No. 111). The communication was received and sistent with this report of the Committee of the placed on file. Whole; and that Standing Committee Reports Nos. A communication from the chairman of the Mob 67-A, 67-B and 67-C be placed on file (see Sec. B, kai District Committee, County of Maui, Republican Corn. of Whole Rpt. No. 17). Delegate Bryan, for the SIXTY-NINTH • Wednesday, July 5, 1950 111 Committee of the Whole, at this time, made an oral Third reading of Committee Proposal No. 11, as report, supplementing Committee of the Whole Re amended, relating to education, designated as “Ar port No. 17, recommending the further amendment ticle XI”: Upon motion by Delegate Anthony, sec of Committee Proposal No. 22, the passage of Com onded by Delegate Sakakihara, the proposal, as mittee Proposal No. 22, as amended, and asked leave amended, designated “Article XI,” passed third to file a written supplemental report later covering reading on the following showing of ayes and noes: these amendments. Ayes, 59. Noes, 1 (Phillips). Excused and not vot Upon motion by Delegate Crossley, seconded by ing, 3 (Kawakami, Sakai and White). Delegate Dowson and carried, Committee of the Whole The President announced that the committee pro Report No. 17 was adopted, together with the oral posal, as amended, designated “Article XI,” hav report of the Committee of the Whole relating to the ing passed third reading, would be referred back to further amendment of Committee Proposal No. 22, the Committee on Style for arrangement of sections to be filed later. Committee Proposal No. 22, as and article or articles and for form, for report to amended by Committee of the Whole Report No. 17 the Convention. and the oral report of the Committee of the Whole, Delegates Silva and Sakakihara offered a resolu passed second reading; Standing Committee Report tion unequivocally commending and endorsing the No. 67 was adopted, except as the same was inconsis action of the President of the United States in sup tent with the report of the Committee of the Whole porting the Republic of Korea and strongly urging Report No. 17 and the oral report of the Committee the continuance of adequate military aid (see Sec. B, of the Whole; Standing Committee Reports Nos. 67-A, Res. No. 46). Delegate Silva moved for the adoption 67-B and 67-C were placed on file. The President of the resolution. Seconded by Delegate Sakakihara. thereupon referred the committee proposal, as Delegate Rice moved that the resolution be re amended, to the Committee on Style for considera ferred to the Committee on Miscellaneous Matters. tion as to phraseology only and for report within five Seconded by Delegate Nielsen, which motion was put convention days, and ordered the report of the Com by the Chair, and lost. mittee of the Whole printed. At 11:29 o’clock a.m., the Convention stood in Delegate Silva, for the Committee on Printing, recess, subject to the call of the Chair. presented a report on the printing of Standing Com At 11:43 o’clock a.m., the Convention reconvened. mittee Report No. 104 and Committee Proposal No. 11 The President stated that the motion before the (see Sec. B, Standing Com. Rpt. No. 107). The report Convention was the adoption of Resolution No. 46, was received and placed on file. which was pending at the time of the recess. The President thereupon put the motion to adopt Delegate Silva, for the Committee on Printing, the resolution, which was carried. presented a report on the printing of Commit At 11:48 o’clock a.m., upon motion by Delegate tee of the Whole Reports Nos. 13, 14, 15, 16 and Kauhane, seconded by Delegate Woolaway, and car 17 and Committee Proposals Nos. 12, 17, 19 and 22 ried, the Convention stood in recess until 1:30 and Resolution No. 29 (see Sec. B, Standing Corn. o’clock this afternoon. Rpt. No. 108). The report was received and placed on file. AFTERNOON SESSION Under suspension of the rules, the Convention at The Convention reconvened at 1:56 o’clock p.m., this time took up the third readings of proposals on with Vice-President Sakakihara in the Chair, in the the calendar for today. temporary absence of President King, all delegates Third reading of Committee Proposal No. 7, re being present, with the exception of those delegates lating to the establishment of the judiciary, designated who had previously been excused, and President “Article VU’: Upon motion by Delegate Porteus, King, temporarily excused. seconded by Delegate Woolaway, Proposal No. 7, as At this time, Delegate Castro moved that the Con amended, relating to the establishment of the Judi vention resolve itself into a Committee of the Whole ciary, and designated as “Article VI,” passed third for the further consideration of Standing Committee reading on the following showing of ayes and noes: Reports Nos. 55, 62 and 64, Committee Proposals Ayes, 49. Noes, 11 (Akau, Doi, Ihara, Kawahara, Lutz, Nos. 14, 18 and 20, and Resolution No. 29, from the Nielsen, Phillips, Richards, Sakakihara, Silva and Committee on Miscellaneous Matters. Seconded by Yamauchi). Excused and not voting, 3 (Kawakami, Delegate Okino, and carried; and at 1:57 o’clock p.m., Sakai and White). the Convention resolved itself into a Committee of the The President announced that the committee pro Whole for such purpose, with Delegate Castro as posal, as amended, designated “Article VI,” having chairman. passed third reading, would be referred back to the At 2:17 o’clock p.m., the committee rose and the Committee on Style for arrangement of sections and Convention reconvened. article or articles and for form, for report to the President King was in attendance at this time but Convention. did not assume the Chair. 112 CONVENTION JOURNAL Delegate Castro, for the Committee of the Whole, dar, on General Orders, for consideration on third having under consideration Standing Committee Re reading on Friday, July 7, 1950. port No. 64 and Committee Proposal No. 20, from the Delegate Wist, for the Committee on Style, pre Committee on Miscellaneous Matters, relating to the sented a report on Committee Proposal No. 28, as preamble of the constitution, presented a report re amended, relating to Industry and Labor, recommend commending the amendment of the Committee Pro ing the amendment of the said proposal, and submit posal No. 20 as set forth in the amended form attached ting the same in an amended form for the considera to the committee report; and recommending that as so tion of the Convention, and designated as “Article amended, Committee Proposal No. 20 pass second XII” (see Sec. B, Standing Corn. Rpt. No. 110). reading; and further recommending the adoption of Upon motion by Delegate Wist, seconded by Dele Standing Committee Report No. 64, recommending gate Doi, and carried, the report of the committee the adoption of Committee Proposal No. 20, subject was adopted and ordered printed, with the amended to the amendment to said proposal, as set forth in form of Committee Proposal No. 28, designated as this report (see Sec. B, Com. of Whole Rpt. No. 19). “Article XII.” The President gave notice at this Upon motion by Delegate Bryan, seconded by Delegate time that the committee proposal, as amended, desig Kanemaru, the report of the committee was adopted; nated “Article XV,” would be placed on the calen Committee Proposal No. 20, as amended, passed dar, on General Orders, for consideration on third second reading; and Standing Committee Report No. reading on Friday, July 7, 1950. 64 was adopted, subject to the amendment to Com At this time, Delegate Bryan moved that the Con mittee Proposal No. 20, as set forth in the report vention resolve itself into a Committee of the Whole of the Committee of the Whole. The President for the further consideration of Standing Committee thereupon referred the committee proposal as Reports Nos. 92, 95, 99 and 102 and Committee Pro amended, to the Committee on Style, for considera posals Nos. 29 and 30 and Miscellaneous Communi tion as to phraseology only and report within five cations Nos. 112, 113 and 114. Seconded by Delegate convention days, and ordered the report of the Com Arashiro, and carried; and at 2:21 o’clock p.m., the mittee of the Whole printed. Convention resolved itself into a Committee of the Delegate Castro, for the Committee of the Whole, Whole for such purpose, with Delegate Anthony as having under consideration Standing Committee Re chair man. port No. 62 and Committee Proposal No. 18, from the Committee on Miscellaneous Matters, presented At 5:20 o’clock p.m., the committee rose and the a report recommending that the report and proposal Convention reconvened, with President King in the Chair. be placed on file for the reasons set forth in the report (see Sec. B, Com. of Whole Rpt.). Upon Delegate Anthony, for the Committee of the Whole, motion by Delegate Bryan, seconded by Delegate having under consideration Standing Committee Re Kanemaru, and carried, the report of the committee ports Nos. 92, 95, 99 and 102, Committee Proposals was adopted; and Standing Committee Report No. 62 Nos. 29 and 30 and Miscellaneous Communications and Committee Proposal No. 18 were placed on file. Nos. 112,113, and 114, orally reported progress and Delegate Castro, for the Committee of the Whole, asked leave to sit again. Upon motion by Delegate having under consideration Standing Committee Re Dowson, seconded by Delegate Sakakihara, and car port No. 55, Committee Proposal No. 14 and Resolu ried, the oral report of the committee was adopted. tion No. 29, from the Committee on Miscellaneous The President stated that all matters remainig Matters, orally reported progress and asked leave undisposed of on today’s calendar would be deferred to sit again thereon. Upon motion by Delegate Bryan, until tomorrow. seconded by Delegate Kanemaru, and carried, the At 5:22 o’clock p.m., upon motion by Delegate oral report of the committee was adopted. Fong, seconded by Delegate Noda, and carried, the Delegate- Wist, for the Committee on Style pre Convention adjourned until 9:00 o’clock a.m., on sented a report on Committee Proposal No. 9, as Thursday, July 6, 1950. amended, relating to revision and amendments, re commending the amendment of the said proposal, and submitting the same in an amended form for the consideration of the Convention, and designated as SEVENTIETH DAY • Thursday, July 6, 1950 “Article XV” (see Sec. B, Standing Corn. Rpt. No. 109). Upon motion by Delegate Wist, seconded by The Convention convened at 9:06 o’clock a.m., Delegate Doi, and carried, the report of the commit with President King presiding. tee was adopted and ordered printed, with the amend The divine blessing was invoked by Chaplain Judd, ed for-rn of Committee Proposal No. 9, designated as after which the roll was called, showing all delegates “Article XV.” The President gave notice at this present with the exception of Delegates Kawakami, time that the committee proposal, as amended, desig Luiz, Phillips and Sakai, excused; and Delegates nated “Article XV,” would be placed on the calen White and Wirtz, temporarily excused. SEVENTIETH DAY • Thursday, July 6. 1950 113 The journal of the sixty-eighth day was approved; Delegate Sakakihara moved to table the amend and the President announced that he would report ment offered by Delegate Fukushima. Seconded by tomorrow on the journal of the sixty-ninth day. Delegate Yamamoto. At this time, Delegate Lee moved that the Conven The Chair thereupon put the motion to table the tion resolve itself into a Committee of the Whole for amendment offered by Delegate Fukushima, which the further consideration of Standing Committee Re was lost, on a showing of hands. port No. 51 and Committee Proposal No. 10 from the The Chair then put the motion to adopt the amend Committee on Taxation and Finance. Seconded by ment offered by Delegate Fukushima to the amend Delegate James K. Trask, and carried; and at 9:12 ment offered by Delegate Fong. o’clock a.m., the Convention resolved itself into a A roll call being demanded, according to the rules Committee of the Whole for this purpose, with Dele of the Convention, the motion to adopt Delegate Fuku gate Lee as chairman. shima’s amendment carried, on the following showing At 9:23 o’clock a.m., the committee rose and the of ayes and noes; Ayes, 29. Noes, 28 (Apoliona, Convention reconvened. Bryan, Cockett, Corbett, Dowson, Fong, Hayes, Kage, Delegate Lee, for the Committee of the Whole Kam, Kanemaru, Kauhane, Kido, Lal, Lyman, Mau, having under consideration Standing Committee Re Okino, Porteus, Richards, Roberts, Sakakihara, Silva, port No. 51 and Committee Proposal No. 10 from the Smith, St. Sure, Arthur K. Trask, Woolaway, Yama Committee on Taxation and Finance, presented a moto, Yamauchi and Mr. President). Excused and report recommending that Standing Committee Re not voting, 6 )Kawakami, Luiz, Phillips, Sakai, port No. 51 be adopted, except as the same may be White, Wirtz). inconsistent with the recommendations and provisions Delegate White came into the session at this time. of this report of the Committee of the Whole; that The Chair stated that the motion now before the Committee Proposal No. 10 be amended in the manner Convention was the adoption of the amendment offered proposed in the report; and that Committee Proposal by Delegate Fong, as amended by Delegate Fukushima. No. 10, in the amended form attached to the report, A roll call being demanded, according to the rules pass second reading (see Sec. B, Corn. of Whole Rpt. of the Convention, the motion to adopt the amendment, No. 18). Delegate Lee moved for the adoption of the as amended, was put, and lost, on the following show report. Seconded by Delegate Dowson. ing of ayes and noes: Ayes, 23 (Akau, Apoliona, Delegate Fong offered the following amendment to Bryan, Dowson, Fong, Hayes, Kage, Kauhane, Kawa Section 8 of Committee Proposal No. 10 as amended hara, Kido, Lai, Lyman, Mau, Nielsen, Noda, Porteus, by the Committee of the Whole Report No. 18: Richards, Sakakihara, Smith, St. Sure, Woolaway, Yamauchi and Mr. President). Noes, 35. Excused Substitute for the first two sentences of Sec and not voting, 5 (Kawakami, Luiz, Phillips, Sakai, tion 8, the following sentences: Wirtz). “The Auditor shall be elected by the legally Delegate Loper offered the following amendment, qualified voters of this State. He shall possess and moved for its adoption: the same qualifications as the Governor and his term of office shall be eight years, beginning at After the first sentence of Section 8, add noon on the first Monday in December next follow the following sentence: ing his election and ending at noon on the first “He shall be a certified public accountant.” Monday in December, eight years thereafter.” The motion was seconded by Delegate Kanemaru. Delegate Fong moved that action on the committee report, the amended Proposal No. 10 and the pending Delegate Charles A. Rice moved that the amendment amendment offered by him, be deferred until tomor be tabled. Seconded by Delegate Sakakihara. The row. Seconded by Delegate Kauhane. The Chair put motion to table the amendment was put, and carried, the motion to defer action on the report of the Com on a voice vote. mittee of the Whole Committee Proposal No. 10 as The Chair thereupon put the motion to adopt the report of the Committee of the Whole, which had amended, and the pending amendment offered by Dele been d.uly made and seconded, which was carried. gate Fong, which was lost, on a rising vote. Committee Proposal No. 10 was amended; and as Delegate Fukushima offered the following amend ment to Delegate Fong’s amendment: so amended passed second reading; and Standing Committee Report No. 51 was adopted, except as the Delete the second sentence of the amendment same was inconsistent with the recommendations and and insert in lieu thereof the following sentence: provisions of Committee of the Whole Report No. 18. “He shall possess a certificate as a certified The President thereupon referred the committee public accountant and shall hold office for a term proposal, as amended, to the Committee on Style of eight years.” for consideration as to phraseology only and report within five convention days, and ordered the report The amendment was seconded by Delegate Loper. of the Committee of the Whole printed. 114 CONVENTION JOURNAL At 9:56 o’clock a.m., the President declared a for the further consideration of Standing Committee recess, subject to the call of the Chair. Reports Nos. 92, 95, 99 and 102, Committee Pro At 10:14 o’clock a.m., the Convention reconvened. posals Nos. 29 and 30, from the Committee on Legis At this time, Delegate Richards moved that the lative Powers and Functions, and Miscellaneous Convention resolve itself into a Committee of the Communications Nos. 112, 113 and 114 on the same Whole for the further consideration of Standing Com subject matter. Seconded by Delegate Bryan, and mittee Report No. 78 and Committee Proposal No. carried; and at 1:52 o’clock p.m., the Convention 27, from the Committee on Agriculture, Conserva resolved itself into a Committee of the Whole for tion and Land. Seconded by Delegate Bryan, and car such purpose, with Delegate Anthony as chairman. ried; and at 10:15 o’clock a.m., the Convention The Committee rose at 5:04 o’clock p.m., and the resolved itself into a Committee of the Whole for Convention reconvened. such purpose, with Delegate Larsen as chairman. Delegate Anthony, for the Committee of the Whole, At 11:06 o’clock a.m., the Committee rose and having under consideration Standing Committee Re the Convention reconvened. ports Nos. 92, 95, 99 and 102 and Committee Pro Delegate Wirtz came into the session at this time. posals Nos. 29 and 30 from the Committee on Legis Delegate Larsen, for the Committee of the Whole, lative Powers and Functions, and Misceflaneous Com having under consideration Standing Committee Re munications Nos. 112, 113 and 114 on the same sub port No. 78 and Committee Proposal No. 27 from ject matter, orally reported progress and asked the Committee on Agriculture, Conservation and leave to sit again. Upon motion by Delegate Dowson, Land, orally reported progress and asked leave to seconded by Delegate Charles A. Rice, and carried, sit again for the purpose of considering a further the oral report of the committee was adopted. amendment to Committee Proposal No. 27, to be in corporated in the amended form of the said commit At this time, Delegate Woolaway moved that the tee proposal. Upon motion by Delegate Larsen, sec Convention resolve itself into a Committee of the onded by Delegate Dowson, and carried, the oral re Whole for the further consideration of Standing Com port of the committee was adopted. mittee Report No. 53 and Committee Proposal No. At 11:08 o’clock a.m., upon motion by Delegate 12, relating to the seat of government, Standing Com Sakakihara, seconded by Delegate Nielsen, and car mittee Report No. 55 and Committee Proposal No. ried, the Convention stood in recess until 1:30 14, relating to the state seal and Resolution No. 29, o’clock this afternoon. relating to heraldic symbols, and Standing Committee Report No. 66, relating to the disposition of various proposals, resolutions and other matters referred AFTERNOON SESSION to the Committee on Miscellai~eous Matters. Sec At 1:50 o’clock p.m., the Convention reconvened onded by Delegate Porteus, and carried; and at with President King in the Chair, and all delegates 5:06 o’clock p.m., the Convention resolved itself being present, with the exception of the delegates into a Committee of the Whole for such purpose, with who were excused this morning. Delegate Castro as chairman. DelegateWist, for the Committee on Style, pre At 5:45 o’clock p.m., the Committee rose and the sented a report on Committee Proposals Nos. 13, 21, Convention reconvened. 15, 17 and 19, dealing with the state flag, equal rights, Delegate Castro, for the Committee of the Whole, state boundaries, intergovernmental relations and having under consideration Standing Committee Re oath of office, recommending that all five proposals port No. 53 and Committee Proposal No. 12, relating be grouped under one heading, and designated as to the seat of government, presented a report recom “Article XIV,” and submitting the article in the mending the adoption of Standing Committee Report form attached to the report, for the consideration No. 53, except as the same may be inconsistent with of the Convention (see Sec. B, Standing Corn. Rpt. the recommendations contained in Committee of the No. 111). Whole Report No. 13, and recommending the passage, Upon motion by Delegate Wist, seconded by Dele on second reading, of Committee Proposal No. 12, as gate Bryan, and carried, the report of the committee amended (see Sec. B, Corn. of Whole Rpt. No. 13). was adopted and ordered printed, with the amended Upon motion by Delegate Bryan, seconded by Dele form of Proposals Nos. 13, 21, 15, 17 and 19, desig gate James K. Trask, and carried, the report of the nated “Article XIV.” The President gave notice committee was adopted; Committee Proposal No. 12, at this time that the Article designated as “Arti as amended, passed second reading; and Standing cle XIV,” consisting of Committee Proposals Nos. Committee Report No. 53 was adopted, except as the 13, 21, 15, 17 and 19, would be placed on the calen same might be inconsistent with the recommendations dar, on General Orders, for consideration on third of the Committee of the Whole Report No. 13. The reading on Saturday, July 8, 1950. President thereupon referred the committee proposal, At this time, Delegate Heen moved that the Con as amended, to the Committee on Style for considera vention resolve itself into a Committee of the Whole tion as to phraseology only, and for report within five SEVENTY-FIRST DAY • Friday, July 7, 1950 115 convention days, and ordered the report of the Com Lee and Richards, temporarily excused; and Delegate mittee of the Whole printed. Phillips, excused. Delegate Castro, for the Committee of the Whole, The journal of the sixty-ninth day was approved, having under consideration Standing Committee Re and the President announced that he would report port No. 55, Committee Proposal No. 14, relating to tomorrow on the journal of the seventieth day. the state seal, and Resolution No. 29, relating to At this time, President King asked Vice-President certain heraldic symbols, presented a report recom Charles A. Rice to take the Chair. Vice-President mending that Committee Proposal No. 14 be placed Charles A. Rice hereupon assumed the Chair. Pre on file; recommending that the Convention adopt an sident King took the floor on a point of personal appropriate resolution recommending to the state privilege and was recognized by the Vice-President. legislature a state seal as described therein; and President King stated that yesterday afternoon recommending the adoption of Resolution No. 29, when the Committee of the Whole was trying to com as amended (see Sec. B, Corn. of Whole Rpt. No. 14) plete the discussion of Committee of the Whole Re Upon motion by Delegate Bryan, seconded by Dele port No. 13 on Standing Committee Report No. 53 gate James K. Trask, and carried, the report of the and Committee Proposal No. 12, relating to the Seat committee was adopted. Committee Proposal No. of Government, he had risen to question a point of 14 and Standing Committee Report No. 55 were there order that was made by Delegate Porteus in asking upon placed on file; Resolution No. 29, as amended, for a reconsideration of the action taken by the Com was adopted; and the report of the committee was mittee of the Whole on that particular matter at an ordered printed. earlier date. At the time he had questioned this, he Delegate Castro, for the Committee of the Whole, was under the impression that the reconsideration offered a resolution requesting and urging the first was being asked for on the action of the Convention Legislature to convene under the constitution drafted in adopting the report of the Committee of the Whole, by this Convention to pass a bill entitled: “An Act but later had found out that the motion was as to the to Provide a Great Seal for the State of Hawaii,” in action of the Committee of the Whole taken on Mon substantially a form therein set forth (see Sec. B, day when the same subject matter was being discuss Res. No. 45). Upon motion by Delegate Bryan, sec ed. Therefore, he was in error in questioning the onded by Delegate James K. Trask, and carried, reconsideration of this action, and at this time the resolution was adopted. wished to apologize to Delegate Porteus, for question Delegate Castro, for the Committee of the Whole, ing his knowledge of parliamentary procedure, and to which was referred Standing Committee Report to make his excuses to the Convention. The Presi No. 66 from the Committee on Miscellaneous Matters, dent stated, also, that he felt the action of the Com reporting on the disposition of matters referred to it, mittee of the Whole yesterday might have been a reported orally, recommending that the report be little hasty, and he wished to make his apologies to accepted and placed on file. Upon motion by Delegate the Convention for trying to force the issue when it Bryan, seconded by Delegate James K. Trask, and might have been wiser to have spent more time on carried, the oral report of the committee was adopted; this subject matter. He stated that he was prepared and Standing Committee Report No. 66 was accepted to move to reconsider the action taken by the Conven and placed on file. tion yesterday on Committee of the Whole Report No. Delegate Silva, for the Committee on Printing, 13 and Committee Proposal No. 12, as amended, in presented a report on matters referred to it (see order that the subject matter thereof would again be Sec. B, Standing Corn. Rpt. No. 112). The report before the Convention and could subsequently be was received and placed on file. taken up again in the Committee of the Whole. If The President announced that all matters on the such motion did not carry, it would mean that the calendar for today which remained undisposed of, Convention was satisfied with the Report of the Com would be deferred until tomorrow. mittee of the Whole and with Committee Proposal At 5:47 o’clock p.m., upon motion by Delegate No. 12, as amended, which had been adopted by the Woolaway, seconded by Delegate Noda, and carried, Convention yesterday. the Convention adjourned until 8:30 o’clock a.m., The President again expressed his regrets to on Friday, July 7, 1950. Delegate Porteus for questioning his suggested pro cedure and his excuses to the Convention for being perhaps a little over-anxious to complete the discus SEVENTY-FIRST DAY • Friday, July 7, 1950 sion of the subject matter of Committee of the Whole Report No. 13 and Committee Proposal No. 12, as The Convention convened at 8:35 o’clock a.m., amended. with President King in the Chair. Delegate Porteus, then rose, on a point of person The opening prayer was offered by Chaplain Judd, al privilege to say, for the purpose of the record, after which the roll was called, showing all delegates that the apologies of the President were not at all present, with the exception of Delegates Gilliland, necessary, and he felt that the President was “lean- 116 CONVENTION JOURNAL ing over backwards” in making such apologies, and Delegate Arthur K. Trask, for the Committee of that, personally, he felt it was quite unnecessary for the Whole, having under consideration Standing Com the President to take the floor for such purpose. mittee Report No. 74 and Committee Proposal No. The subject matter under discussion at that time 26 from the Committee on Local Government, pre had been rather in a state of confusion, and he was sented a report recommending: (1) that Standing not so sure but that he had been out of order along Committee Report No. 74 be adopted, with the ex the line too; and he repeated that he did not think ception of the recommendation as to the adoption of an apology on the part of the President was necessary, the Committee Proposal No. 26 submitted by the although he appreciated what the President had said. maj ority of the Committee on Local Government; Delegate Silva, rising on a point of personal pri (2) that the said Committee Proposal No. 26, from vilege, also, stated that he wished to thank the chair the majority of said committee be amended in the man of the Committee of the Whole, Delegate Castro, manner and form proposed in the report of the Com for not asking him to leave the Convention by reason mittee of the Whole; (3) that said Committee Pro of his “facetious” conduct on the floor in the Commit posal No. 26, as amended by this Committee of the tee of the Whole Report and amended Committee Pro Whole, pass second reading in the form attached posal No. 12. to this report; and (4) that Standing Committee Re Delegate Bryan, having voted with the majority ports Nos. 84 and 91 from the minority members of in adopting Committee of the Whole Report No. 13 the Committee on Local Government be placed on and Committee Proposal No. 12, as amended, moved file (see Sec. B, Com. of Whole Rpt. No. 21). that the Convention reconsider its action taken yes Upon motion by Delegate Sakakihara, seconded by terday in adopting Committee of the Whole Report Delegate Lai, and carried, the report of the commit No. 13 and Committee Proposal No. 12, as amended. tee was adopted. Committee Proposal No. 26, as Seconded by Delegate Arthur K. Trask, and carried. amended, passed second reading; Standing Committee Delegate Porteus then moved that Committee of Report No. 74 from the majority of the Committee on the Whole Report No. 13 and Committee Proposal Local Government was adopted, with the exception No. 12, as amended, “relating to seat of government,” of the recommendation as to the adoption of Commit be re-referred to the Committee of the Whole. Sec tee Proposal No. 26 submitted by the majority of onded by Delegate King, and carried. said Committee on Local Government; and Standing Delegate King moved that the Convention at this Committee Reports Nos. 84 and 91 from the minority time resolve itself into a Committee of the Whole of the Committee on Local Government were placed for the further consideration of Committee of the on file. The President thereupon referred the com Whole Report No. 13 and Committee Proposal No. mittee proposal, as amended, to the Committee on 12, as amended. Seconded by Delegate Porteus, and Style for consideration as to phraseology only, and carried; and at 8:48 o’clock a.m., the Convention for report within five convention days, and ordered resolved itself into a Committee of the Whole for the report of the Committee of the Whole printed. such purpose, with Delegate Castro as chairman. Delegate Tavares stated that there was a slight At 9:14 o’clock a.m., the committee rose and the error on page 8 of the Committee of the Whole Re Convention reconvened. port, under the caption “Decision and Recommenda tion of the Committee of the Whole,” wherein it is Delegate Castro, for the Committee of the Whole, stated that the “so-called County of Kalawao, . to which Committee of the Whole Report No. 13 and is under the jurisdiction and control of the Board Committee Proposal No. 12, as amended, had been of Hospitals and Settlement . . whereas it was .,“ re-referred, orally reported progress and asked his recollection that the last session of the legisla leave to sit again to consider the written report of ture had removed the control of the Leper (or Han the Committee of the Whole. Upon motion by Dele sen’s Disease) Settlement from the Board of Hospi gate Dowson, seconded by Delegate Apoliona, and tals and Settlement and had placed it under the con carried, the oral report of the committee was adopt trol of the Board of Health. He stated that it was not ed. necessary to correct the report, but that he would At this time, Delegate Trask moved that the Con like the record to show this minor error. vention resolved itself into a Committee of the Whole Delegate Arthur K. Trask stated that he also for the further consideration of Standing Committee wished to call the attention of the Convention to an Report No. 74 and Committee Proposal No. 26, from other slight error appearing in line 5 of Section 1 the Committee on Local Government. Seconded by of Committee Proposal No. 26, as amended—the Delegate Lai, and carried; and at 9:16 o’clock a.m., word “procedure” should be “procedures;” but asked the Convention resolved itself into a Committee of that the Convention leave this to the Committee on the Whole for such purpose, with Delegate Arthur K. Style to correct when the proposal was before that Trask as chairman. committee. It was~so ordered. At 9:23 o’clock a.m., the committeee rose and the At this time, Delegate Sakakihara moved that the Convention reconvened. Convention resolve itself into a Committee of the SEVENTY-SECOND DAY • Saturday, July 8, 1950 117 Whole for the further consideration of Standing Com At 5:39 o’clock p.m., upon motion by Delegate mittee Reports Nos. 92, 95, 99 and 102, Committee Crossley, seconded by Delegate Sakakihara, the Con Proposals Nos. 29 and 30 from the Committee on vention adjourned until 9:00 o’clock a.m., on Satur Legislative Powers and Functions, and Miscellaneous day, July 8, 1950. Communications Nos. 112, 113 and 114 on the same subject matter. Seconded by Delegate Lai, and car ried~ and at 9:26 o’clock a.m., the Convention re SEVENTY-SECOND DAY • Saturday, July 8, 1950 solved itself into a Committee of the Whole for such purpose, with Delegate Anthony as chairman. The Convention convened at 9:03 o’clock a.m., At 5:22 o’clock p.m., the committee rose, and the with President King in the Chair. Convention reconvened. Alter prayer by Chaplain Judd, the roll was called Delegates Gilliland, Lee and Richards, who were showing all delegates present, with the exception of temporarily excused this morning, were in attend Delegates Ihara, Mizuha, Phillips, Silva, White and ance when the Convention reconvened at this time; Woolaway, excused; and Delegate Fong temporarily and Delegates Doi, Fong, Hayes, Ihara, Kometani, excused. Mizuha, Ohrt, Silva and Woolaway were excused, in The President stated that he would report Monday addition to Delegate Phillips who was excused for on the journal of the seventieth and seventy-first days. the day. Under suspension of the rules, the Convention at Delegate Anthony, for the Committee of the Whole, this time proceeded with the third readings on the having under consideration Standing Committee Re calendar for today. ports Nos. 92, 95, 99 and 102, Committee Proposals Third reading of Committee Proposals Nos. 13, 15, Nos. 29 and 30, from the Committee on Legislative 17, 19 and 21, relating, respectively, to State Flag, Powers and Functions, and Miscellaneous Communi State Boundaries, Intergovernmental Relations, Oath cations Nos. 112, 113 and 114 on the same subject of Office and Equal Rights, designated “Article XIV”: matter, orally reported progress and asked leave Upon motion by Delegate Wist, seconded by Delegate to sit again. Upon motion by Delegate Dowson, sec Yamauchi, the said proposals, designated “Article onded by Delegate Smith, and carried, the oral report XIV,” passed third reading on the following showing of the committee was adopted. of ayes and noes: Ayes, 54. Noes, none. Excused Third reading of Committee Proposal No. 9, des and not voting, 7 (Fong, Ihara, Mizuha, Phillips, ignated as “Article XV,” relating to Revision and Silva, White, Woolaway). Absent at Roll Call, 2 (Mau, Amendments: Delegate Noda moved that the proposal, Lee). The President announced that the committee designated “Article XV,” pass third reading. proposals, designated as “Article XIV,” having Seconded by Delegate Smith. passed third reading, would be referred back to the Delegate Anthony moved that the rules be sus Committee on Style for arrangement of sections and pended and that he be granted unanimous consent to article or articles and for form for report to the offer an amendment to Committee Proposal No. 9, Convention. in order to correct what he felt was a grievous Third reading of Committee Proposal No. 9, relat error in the proposal. The motion was seconded by ing to Revision and Amendments, designated “Arti Delegate Arthur K. Trask. cle XV,” deferred from July 7th: The Chair stated Alter some discussion, it was moved by Delegate that if there was no objection, the third reading of Fukushima, seconded by Delegate Lee, and carried, committee proposal, designated as “Article XV,” that action on the proposal be deferred until tomorrow. would be deferred until Monday, July 10th. There Third reading of Committee Proposal No. 28, as being none, action on third reading was deferred amended, relating to the right of persons to organize, until Monday, July 10th. designated “Article XII:” Upon motion by Delegate At this time, Delegate Bryan moved that the Con Nielsen, seconded by Delegate Mau, the proposal vention resolve itself into a Committee of the Whole passed third reading on the following showing of for the further consideration of Standing Committee ayes and noes: Ayes, 50. Noes, 3 (Gilliland, Keller- Reports Nos. 92, 95, 99 and 102, Committee Proposals man, White). Excused and not voting, 10 (Doi, Fong, Nos. 29 and 30 from the Committee on Legislative Hayes, Ihara, Kometani, Mizuha, Ohrt, Phillips, Powers and Functions, and Miscellaneous Communi Silva, Woolaway). The President announced that cations Nos. 112, 113 and 114 on the same subject the committee proposal, as amended, designated matter. Seconded by Delegate Heen, and carried; “Article XII,” having passed third reading, would and at 9:17 o’clock a.m., the Convention resolved be referred hack to the Committee on Style for itself into a Committee of the Whole for such pur arrangement of sections and article or articles and pose, with Delegate Anthony as chairman. for form for report to the Convention. The committee rose at 4:57 o’clock p.m., and the The President announced that all matters on the Convention reconvened. calendar for today which remained undisposed of Delegate Fong, who was temporarily excused this would be deferred until tomorrow. morning, was in attendance and Delegates Crossley, “a CONVENTION JOURNAL Fukushirna, Kawahara, Kawakami, Kometani, Lee, connection with the Article on Taxation and Finance Mau, Charles A. Rice and Shirnamura, excused, in incorporated into the Constitution (see Sec. B, Res. addition to those who were excused from the morn No. 47). Upon motion by Delegate White, seconded ing session. by Delegate Castro, and carried, the resolution was Delegate Anthony, for the Committee of the Whole, adopted. having under consideration Standing Committee Re Delegate Yamauchi, for the Committee on Miscel ports Nos. 92, 95, 99 and 102 and Committee Pro laneous Matters, to which was referred Resolution posals Nos. 29 and 30, from the Committee on Legis No. 44, requesting the Postmaster General of the lative Powers and Functions, and Miscellaneous Com United States to have a 6-cent airmail stamp and a munications Nos. 112, 113 and 114 on the same sub 50-cent coin designed and issued in commemoration ject matter, orally reported progress and asked leave of the admission of Hawaii into the Union as a state, to sit again to consider the written report of the chair presented a report recommending the adoption of man of the Committee of the Whole on the above sub said resolution, with certain amendments (see Sec. ject matters. Upon motion by Delegate Sakakihara, B, Standing Com. Rpt. No. 114). Upon motion by seconded by Delegate Smith, and carried, the oral Delegate Sakakihara, seconded by Delegate Yamau report of the committee was adopted. chi, and carried, the report of the committee was Delegate Wist, for the Committee on Style, pre adopted; and Resolution No. 44, as amended, was sented a report on Committee Proposal No. 26, re thereby adopted. lating to Local Government, recommending the Delegate Yamauchi, for the Committee on Miscel amendment of said Committee Proposal No. 26, and laneous Matters, to which was referred Proposal No. submitting the same for the consideration of the Con 6, relating to government office or employment, pre vention in the amended form attached to the report sented a report recommending that the proposal be and designated as “Article IX.” (See Sec. B, Stand placed on file for the reason set forth in the report ing Corn. Rpt. No. 113). (see Sec. B, Standing Com. Rpt. No. 115). Upon Upon motion by Delegate Wist, seconded by Dele motion by Delegate Yamauchi, seconded by Delegate gate Sakakihara, and carried, the report of the com Dowson, and carried, the report of the committee mittee was adopted, and ordered printed, with the was adopted, and Proposal No. 6 was thereupon amended form of Committee Proposal No. 26, desig placed on file. nated as “Article IX.” The President gave notice Delegate Silva, for the Committee on Printing, at this time that the committee proposal, as amended, presented a report on standing committee reports designated “Article IX,” and relating to Local and committee proposals referred to it for printing Government, would be placed on the calendar, on (see Sec. B, Standing Corn. Rpt. No. 116). The re General Orders, for consideration on third reading port was received and placed on file. on Monday, July 10, 1950. Delegate Silva, for the Committee on Printing, The President stated that all matters undisposed presented a report on Standing Committee Report of on today’s calendar would be deferred until Mon No. 113 and Committee Proposal No. 26 referred day, July 10th. to it for printing (see Sec. B, Standing Corn. Rpt. At 4:58 o’clock p.m., upon motion by Delegate No. 117). The report was received and placed on Noda, seconded by Delegate Sakakihara, and carried, file. the Convention adjourned until Monday, July 10, 1950 At this time, Delegate Richards moved that the at 9:00 o’clock a.m. Convention resolve itself into a Committee of the Whole for the further consideration of Standing Com mittee Report No. 78 and Proposal No. 27, from the SEVENTY-THIRD DAY • Monday, July 10, 1950 Committee on Agriculture, Conservation and Land. Seconded by Delegate Sakakihara, and carried; and The Convention convened at 9:02 o’clock a.m., at 9:16 o’clock a.m., the Convention resolved itself with the President presiding. into a Committee of the Whole for the consideration The divine blessing was invoked by Chaplain Judd, of said standing committee report and said commit after which the roll was called, showing all delegates tee proposal, with Delegate Larsen as chairman. present, with the exception of Delegates Ihara, Lee At 9:30 o’clock a.m., the committee rose and the and Phillips, excused; and Delegates Mizuha, Charles Convention reconvened. A. Rice and Woolaway, temporarily excused. Delegate Larsen, for the Committee of the Whole, The President stated that he would report tomor having under consideration Standing Committee Re row on the journal of the seventieth, seventy-first port No. 78 and Committee Proposal No. 27, pre and seventy-second days. sented a report recommending: (1) that Committee Delegate White offered a resolution expressing Proposal No. 27 be amended in the manner recom appreciation to the firm of Wood, King & Dawson, mended in the report; (2) that, as so amended, said attorneys and counsellors at law, of New York City, Committee Proposal No. 27 pass second reading; for their valuable contributions to the Convention in and (3) that Standing Committee Report No. 78 and SEVENTY-THIRD DAY • Monday, July 10, 1950 119 the recommendations thereof be adopted, except as Delegate Wist moved that Committee Proposal the same may be inconsistent with the provisions No. 9, as amended, relating to Revision and Amend and recommendations of this Committee of the Whole ments, as further amended, pass third reading. report (see Sec. B, Corn. of Whole Rpt. No. 22). Seconded by Delegate Bryan. Upon motion by Delegate Crossley, seconded by Delegate Roberts moved that the rules be suspend Delegate Dowson, and carried, the report of the com ed in order that he might offer a further amendment mittee was adopted. Committee Proposal No. 27 was to Committee Proposal No. 9, as amended. Seconded amended as set forth in the report of the Committee by Delegate Akau. of the Whole; and as so amended, passed second A roll call being demanded according to the Rules reading; and Standing Committee Report No. 78 was of the Convention, the motion to suspend the rules adopted, except as the same might be inconsistent as thereupon put, and lost, on the following showing with the provisions and recommendations of the Com of ayes and noes: Ayes, 31. Noes, 26 (Ashford, mittee of the Whole report. The President thereupon Bryan, Cockett, crossley, Dot, Fukushima, Hayes, referred the committee proposal, as amended, to the Holroyde, Kawahara, Kellerman, Kido, Lai, Luiz, Committee on Style for consideration as to phrase - Lyman, Okino, Porteus, Sakai, Sakakihara, Silva, ology only and for report within five convention days, Smith, St. Sure, Tavares, Wirtz, Wist, Yamamoto, and ordered the report of the Committee of the Whole Yamauchi). Excused and not voting, 6 (Ihara, Lee, printed. Mizuha, Phillips, Charles A. Rice, Woolaway). Delegate Silva, for the Committee on Printing, Delegate Charles A. Rice, who had been tempora presented a report on the printing of Committee of rily excused, came into the session at this time. the Whole Report No. 22 and Committee Proposal Delegate Anthony moved that action on Proposal No. 27, as amended (see Sec. B, Standing Corn. Rpt. No. 9, as amended, designated “Article XV,” be No. 118). The report was received and placed on deferred until alter the legislative article is incor file. porated into the constitution. Seconded by Delegate Under suspension of the rules, the Convention at Dowson. The Chair thereupon put the motion to defer this time took up the third reading of committee pro action on this proposal, which was lost. posals on the calendar for today. The previous question being called for, the Chair Third reading of Committee Proposal No. 9, re thereupon put the motion to pass Committee Propos lating to Revision and Amendments, designated as al No. 9, as amended, relating to Revision and Amend “Article XV,” deferred from July 8th: Delegate ments, designated “Article XV,” which was carried Fukushima objected to Proposal No. 9, as amended, on the following showing of ayes and noes: Ayes, 36. designated “Article XV,” as amended by the Com Noes, 22 (Akau, Anthony, Arashiro, Fong, Gilliland, mittee on Style, and which was now pending before Heen, Kam, Kauhane, Kawahara, Kometani, Lutz, the Convention on third reading, stating that he felt Mau, Nielsen, Noda, Ohrt, Richards, Roberts, Seri the Committee on Style had made a change in the zawa, Shimamura, Arthur K. Trask, James K. substance of the proposal by taking Section 4 out of Trask, White). Excused and not voting, 5 (Ihara, the original committee proposal and attaching it as a Lee, Mizuha, Phillips, Woolaway). The President paragraph of Section 3. He felt this should be a announced that the committee proposal, as amended, separate section and should be designated Section designated “Article XV,” having passed third 4. He also stated that the word “section” should be reading, would be referred back to the Committee deleted from the lastline of the amended proposal, on Style for arrangement of sections and article or and that the word “Article” should be inserted in articles and for form, for report to the Convention. lieu thereof. Delegate Porteus moved that the rules Delegate Woolaway, who had been temporarily be suspended in order that these amendments might excused, came into the session at this time. be offered. Seconded by Delegate Bryan, and carried. Third reading of Committee Proposal No. 26, as Delegate Wist thereupon moved that the last para amended, designated as “Article TX”: Upon graph of Section 3 of Committee Proposal No. 9, as motion by Delegate Wist, seconded by Delegate Nocla, amended, designated “Article XV,” now pending and carried, the proposal passed third reading on the before the Convention on third reading, be titled following showing of ayes and noes: Ayes, 53. Noes, “Section 4”; that the word “section” appearing 6 (Fong, Kawahara, Mau, Ohrt, Sakakihara, Serizawa). in the last line of the new Section 4 be deleted, Excused and not voting, 4 (Ihara, Lee, Mizuha, and that the word “Article” be inserted in lieu there Phillips). The President announced that the commit of; and that the marginal note opposite to Section tee proposal, as amended, designated “Article IX,” 3 be amended by placing a “period” alter the word having passed third reading, would be referred back “legislature,” and that the word “veto” be de to the Committee on Style for arrangement of sections leted therefrom; and that the word “veto” be and article or articles and for form, for report to placed as a marginal note opposite the new Section the Convention. 4. The motion was seconded by Delegate Noda, and At this time, Delegate James K. Trask moved carried. that the Convention resolve itself into a Committee 120 CONVENTION JOURNAL of the Whole for the further consideration of Stand The journal of the seventieth, seventy-first and ing Committee Reports Nos. 68, 70 and 73 and Com seventy-second days was approved. mittee Proposals Nos. 23, 24 and 25 from the Com At this time, Delegate Porteus moved that the mittee on Ordinances and Continuity of Law. Second Convention resolve itself into a Committee of the ed by Delegate Dowson, and carried; and at 10:14 Whole for the further consideration of Standing Com o’clock a.m., the Convention resolved itself into a mittee Reports Nos. 68, 70 and 73 and Committee Committee of the Whole for such purpose, with Dele Proposals Nos. 23, 24 and 25 from the Committee gate Doi as chairman. on Ordinances and Continuity of Law. Seconded by At 10:38 o’clock a.m., the committee rose and the Delegate Shimamura, and carried; and at 9:14 o’clock Convention reconvened. a.m., the Convention resolved itself into a Committee Delegate Doi, for the Committee of the Whole, of the Whole for such purpose, with Delegate Doi as having under consideration Standing Committee Re chairman. ports Nos. 68, 70 and 73 and Committee Proposals At 4:03 o’clock p.m., the Committee rose and the Nos. 23, 24 and 25, orally reported progress and Convention reconvened, with the President in the asked leave to sit again. Upon motion by Delegate Chair and a quorum being present. Sakakihara, seconded by Delegate Doi. and carried, Delegate Doi, for the Committee of the Whole, the oral report of the committee was adopted. having under consideration Standing Committee Re At 10:39 o’clock a.m., upon motion by Delegate ports Nos. 68, 70 and 73, and Committee Proposals Fong, seconded by Delegate Bryan, and carried, Nos. 23, 24 and 25, from the Committee on Ordinance the Convention stood in recess until 1:30 o’clock and Continuity of Law, orally reported progress and this afternoon. asked leave to sit again. Upon motion by Delegate Sakakihara, seconded by Delegate Dowson, and car AFTERNOON SESSION ried, the oral report of the committee was adopted. Delegate Wist, for the Committee on Style, pre The Convention reconvened at 1:42 o’clock p.m., sented a report on Committee Proposal No. 22 as with the President in the Chair and all delegates amended, relative to executive powers and functions, being present, with the exception of those excused recommending the amendment of said proposal, and this morning, and Delegates Arashiro and Dowson, submitting for the consideration Qf the Convention excused from the afternoon session. the said proposal in the amended form attached to At this time, Delegate Kam moved that the Conven the report, designated “Article V—The Executive” tion resolve itself into a Committee of the Whole for (see Sec. B, Standing Com. Rpt. No. 119). the further consideration of Standing Committee Re ports Nos. 68, 70 and 73 and Committee Proposals Upon motion by Delegate Wist, seconded by Dele Nos. 23, 24 and 25. Seconded by Delegate Bryan, gate Anthony, and carried, the report of the commit and carried; and at 1:44 o’clock p.m., the Convention tee was adopted and ordered printed, with the amend resolved itself into a Committee of the Whole for ed form of Committee Proposal No. 22, designated such purpose, with Delegate Doi as chairman. as “Article V—The Executive.” The President gave At 2:14 o’clock p.m., the committee rose and the notice at this time that the committee proposal, as Convention reconvened. amended, and designated “Article V—The Executive,’ Delegate Doi, for the Committee of the Whole, would be placed on the calendar, on General Orders, having under consideration Standing Committee Re for consideration on third reading, on Thursday, ports Nos. 68, 70 and 73 and Committee Proposals July 13th. Nos. 23, 24 and 25, orally reported progress and Delegate Silva, for the Committee on Printing, asked leave to sit again. Upon motion by Delegate presented a report on matters referred to the Com Sakakihara, seconded by Delegate Smith, and carried, mittee on Printing (see Sec. B, Standing Com. Rpt. the oral report of the committee was adopted. No. 120). The report was received and placed on At 2:17 o’clock p.m., upon motion by Delegate file. Bryan, seconded by Delegate Noda, and carried, the At this time, Delegate Sakakihara moved that the Convention adjourned until 9:00 o’clock a.m., on Convention resolve itself into a Committee of the Tuesday, July 11, 1950. Whole for the further consideration of Standing Com mittee Report No. 53 and Committee Proposal No. 12, relating to the Seat of Government, from the SEVENTY-FOURTH DAY • Tuesday, July 11, 1950 Committee on Miscellaneous Matters. Seconded by Delegate Castro, and carried; and at 4:05 o’clock The Convention convened at 9:05 o’clock a.m., p.m., the Convention resolved itself into a Committee with the President in the Chair. of the Whole for such purpose, with Delegate Castro Alter prayer by Chaplain Judd, the roll was called, as chairman. showing all delegates present, with the exception of At 4:07 o’clock p.m., the committee rose and the Delegates Lee, Mau, Phillips and White, excused. Convention reconvened. SEVENTY-FIFTH DAY • Wednesday, July 12, 1950 121 Delegate Castro, for the Committee of the Whole, committee for printing (see Sec. B, Standing Com. having under consideration Standing Committee Re Rpt. No. 121). The report was received and placed port No. 53 and Committee Proposal No. 12, relating on file. to the Seat of Government, from the Committee on Delegate Bryan, for the Committee of the Whole, Miscellaneous Matters, presented a report, recom having under consideration Standing Committee Re mending the amendment of Committee Proposal No. ports Nos. 67, 67-A, 67-B and 67-C and Committee 12; recommending that said proposal, as amended, Proposal No. 22, from the Committee on Executive pass second reading; that this report of the Commit Powers and Functions, presented a report being a tee of the Whole be adopted; that Committee of the supplementary report to Committee of the Whole Whole Reports Nos. 12 and 13 RD. 1 be placed on Report No. 17, which followed the oral report of the file; that Standing Committee Report No. 53 be Committee of the Whole adopted on July 5th, recom adopted, except as the same may be inconsistent mending the amendment of sections 8 and 10 of Com with the provisions and recommendations Qf this mittee Proposal No. 22 as amended, in accordance report (see Sec. B, Corn. of Whole Rpt. No. 13, with this supplementary report; and recommending RD. 2). the passage, on second reading, of Committee Pro Upon motion by Delegate James K. Trask, second posal No. 22, as amended, pursuant to the recommen ed by Delegate Noda, and carried, the report of the dations o~ said Committee of the Whole Report No. committee was adopted. Committee Proposal No. 12 17, and as further amended by this supplementary was amended as set forth in the report of the Com report (see Sec. B, Corn. of Whole Rpt. No. 23). The mittee of the Whole; and passed second reading as report of the committee was adopted, upon motion by thus amended; Committee of the Whole Reports Nos. Delegate Bryan, seconded by Delegate Noda, and car 13 amd 13 RD. 1 were placed on file; and Standing ried; and thereafter placed on file, the oral report Committee Report No. 53 was adopted, except as the of the Committee of the Whole, covering the same same was inconsistent with the provisions and re recommendations as to the amendment of sections commendations of Committee of the Whole Report 8 and 10 of Committee Proposal No. 22, as amended, No. 13, RD. 2. The President thereupon referred having been adopted on July 5th, and Committee Pro the committee proposal, as amended, to the Commit posal No. 22, as so further amended, having passed tee on Style for consideration as to phraseology second reading on that date. only, and for report within five convention days, and At this time, Delegate Sakakihara moved that the ordered the report of the Committee of the Whole Convention resolve itself into a Committee of the printed. Whole for the further consideration of Standing Com At 4:09 o’clock p.m., upon motion by Delegate mittee Reports Nos. 68, 70 and 73 and Committee Anthony, seconded by Delegate James K. Trask, and Proposals Nos. 23, 24 and 25, from the Committee carried, the Convention adjourned until 9:00 o’clock on Ordinances and Continuity of Law. Seconded by a.m., on Wednesday, July 12, 1950. Delegate Holroyde, and carried; and at 9:34 o’clock a.m., the Convention resolved itself into a Committee of the Whole for such purpose, with Delegate Doi as SEVENTY-FIFTH DAY • Wednesday, July 12, 1950 chairman. At 3:27 o’clock p.m., the committee rose and the The Convention convened at 9:09 o’clock a.m., Convention reconvened. with President King presiding. Delegate Mizuha, who had been excused tempora Chaplain Judd invoked the divine blessing, after rily, was in attendance at this time. which the roll was called, showing all delegates Delegate Dot, for the Committee of the Whole, present, with the exception of Delegates Mau and having under consideration Standing Committee Re Phillips, excused; and Delegates Mizuha and White, ports Nos. 68, 70 and 73 and Committee Proposals temporarily excused. Nos. 23, 24 and 25 from the Committee on Ordinances The President announced that he would report and Continuity of Law, orally reported progress and tomorrow on the journal of the seventy-third and asked leave to sit again. Upon motion by Delegate seventy-fourth days. James K. Trask, seconded by Delegate Noda, and At 9:13 o’clock a.m., the President declared a carried, the oral report of the committee was adop recess, subject to the call of the Chair. At 9:28 ted. o’clock a.m., the Convention reconvened. At 3:33 o’clock p.m., upon motion by Delegate At this time, Secretary Porteus presented to the Crossley, seconded by Delegate H.W. Rice, and car Convention the flags of the States of Wisconsin, ried, the Convention stood in recess, subject to the Colorado and Utah, on behalf of the people of those call of the Chair. The Convention reconvened at states. 4:46 o’clock p.m. Delegate Silva, for the Committee on Printing, Delegate Wist, for the Committee on Style, pre presented a report on the printing of committee re sented a report on Committee Proposal No. 10, as ports and committee proposals referred to said amended, dealing with Finance and Taxation, recom 122 CONVENTION JOURNAL mending the amendment of the said proposal, and Delegate Doi, for the Committee of the Whole, submitting the same for the consideration of the having under consideration Standing Committee Re Convention in the amended form attached to the re ports Nos. 68, 70 and 73 and Committee Proposals port and designated “Article yin” (see Sec. B, Nos. 23, 24 and 25, orally reported progress and Standing Com. Rpt. No. 122). asked leave to sit again. Upon motion by Delegate Upon motion by Delegate Wist, seconded by Dele Crossley, seconded by Delegate Dowson, and carried, gate Noda, and carried, the report of the committee the oral report of the committee was adopted. was adopted and ordered printed, with the amended At 10:59 o’clock p.m., upon motion by Delegate form of Committee Proposal No. 10, designated Crossley, seconded by Delegate Lee, and carried, “Article VIII.” The President gave notice at this the Convention adjourned until 9:00 o’clock a.m., on time that the committee proposal, as amended, Thursday, July 13, 1950. designated “Article VIII,” would be placed on the calendar, on General Orders, for consideration on third reading on Friday, July 14, 1950. SEVENTY-SIXTH DAY • Thursday, July 13, 1950 Delegate Wist, for the Committee on Style, pre sented a report on Committee Proposals Nos. 12, The Convention convened at 9:02 o’clock a.m., as amended; 16, as amended; and 20, as amended, with President King in the Chair. dealing with the Seat of Government, Civil Service After prayer by Chaplain Judd, the roll was called, and the Preamble, respectively, recommending the showing all delegates present, with the exception of amendment of said committee proposals, and submit Delegates Mau and Arthur K. Trask, excused on ting the same for the consideration of the Convention account of illness. in the amended form attached to the report and desig The journal of the seventy-third day was approved; nated as “Article XIV” (see Sec. B, Standing Corn. and the President announced that he would report Rpt. No. 123). tomorrow on the journal of the seventy-fourth and Upon motion by Delegate Wist, seconded by Dele seventy-fifth days. gate Noda, and carried, the report of the committee The President informed the Convention that in a was adopted and ordered printed with the amended message from the Washington office of the Hawaii form of Committee Proposals Nos. 12 as amended, Statehood Commission received by wire this morning, 16 as amended and 20 as amended, designated “Ar he was assured that the statehood bill would be taken ticle XIV.” The President gave notice at this time up on the floor of the Senate sometime next week— that the committee proposals, as amended, designated either Tuesday, Wednesday or Thursday. The same “Article XIV,” would be placed on the calendar, source of information indicated that the vote would be on General Orders, for consideration on third reading two to one in favor of statehood. on Friday, July 14. Delegate Okino at this time moved that the rules Delegate Sakakihara at this time moved that the be suspended, and that the Convention at this time Convention adjourn until 9:00 o’clock tomorrow morn take up the consideration of Committee Proposal ing. Seconded by Delegate Fong. The motion to No. 22, designated “Article V—The Executive”— adjourn was put by the Chair, and lost. on the calendar for third reading today. Seconded Delegate Bryan moved that the Convention stand by Delegate Lai, and carried. in recess until 8:00 o’clock this evening. Seconded Third reading of Committee Proposal No. 22, as by Delegate Harold W. Rice, and carried, and at amended, designated “Article V—The Executive”: 5:09 o’clock p.m., the Convention so stood in recess. Delegate Heen request unanimous consent to offer an amendment to the proposal. There being no ob EVENING SESSION jection, unanimous consent was granted in order that Delegate Heen might offer an amendment. The Convention reconvened at 8:08 o’clock p.m. Delegate Heen moved that in line 4 of Section 4 of with the President in the Chair and a quorum being the Proposal, after the word “to,” the words “exer present. cise and” be inserted in the first paragraph of that At this time, Delegate Castro moved that the Con section; and in the second paragraph of the same vention resolve itself into a Committee of the Whole section, in line 3, after the word “to,” the words for the further consideration of Standing Committee “exercise and” be inserted. The motion was second Reports Nos. 68, 70 and 73 and Committee Proposals ed by Delegate Hayes, and carried. Nos. 23, 24 and 25 from the Committee on Ordinances Delegate Silva suggested a further amendment to and Continuity of Law. Seconded by Delegate Noda, this proposal covering interim appointments by the and carried; and at 8:08 o’clock p.m., the Convention governor which he felt was not covered in this pro resolved itself into a Committee of the Whole for posal. After some discussion on this subject matter, such purpose, with Delegate Doi as chairman. Delegate Sakakihara moved that action on the amended At 10:55 o’clock p.m., the committee rose and the committee proposal, be deferred until later on the Convention reconvened. calendar in order that a proper amendment might be SEVENTY-SIXTH DAY • Thursday, July 13, 1950 123 prepared for presentation to the Convention to cover Upon motion by Delegate Shimamura, seconded by Delegate Silva’s suggestion. Seconded by Delegate Delegate Noda, and carried, the report of the com Phillips, and carried. mittee was adopted and ordered printed, with the At this time, upon the suggestion of the President, amended form of Committee Proposal No. 27, desig Delegate Lee moved that the rules be suspended in nated as “Article XIII.” The President gave no order that the Convention might take up the third tice at this time that the committee proposal, as reading of Committee Proposal No. 10, as amended, amended, designated “Article XIII,” would be relating to Finance and Taxation, designated as placed on the calendar, on General Orders, for con “Article VII,” on the calendar for consideration sideration on third reading on Saturday, July 15, on third reading tomorrow. The motion was second 19 50. ed by Delegate Lai, and carried. Delegate Shimamura, for the Committee on Ordi Delegate Doi was temporarily excused at this time. nances and Continuity of Law, presented a report Third reading of Committee Proposal No. 10, as on Proposal No. 22, relating to the appointment of amended, relating to Finance and Taxation, designated department heads and governmental officers, and “Article VIII”: Delegate White moved that the com Proposal No. 30, relating to compensation of holders mittee proposal, as amended, pass third reading. of office established by the Constitution, recommend Seconded by Delegate Crossley. ing that said Proposals Nos. 22 and 30 be placed on Delegate Tavares moved that he be granted unani file for the reasons set forth in the report (see Sec. mous consent to offer a further amendment to this B, Standing Com. Rpt. No. 125). proposal. Seconded by Delegate Lai, and carried. Upon motion by Delegate Shimamura, seconded by Delegate Tavares thereupon offered the following Delegate Noda, and carried, the report of the commit amendment: tee was adopted; and Proposals Nos. 22 and 30 were thereupon placed on file. Amend Section 3 of Committee Proposal No. At this time, Delegate Wist moved that the rules 10, R.D. 2, by adding before the first full para be suspended in order that the Convention might take graph on page 3 the following new paragraph: up the consideration, on third reading, of Committee ‘Instruments of indebtedness to meet appro Proposals Nos. 12, 16 and 20, relating, respectively, priations for any fiscal period in anticipation of to Seat of Government, Civil Service and the Pream the collection of revenues for such period or to ble, designated “Article XIV,” on the calendar for meet casual deficits or failures of revenue, which third reading tomorrow. Seconded by Delegate Bryan, shall be payable within one year, may be issued and carried. by any political subdivision under authorization Third reading of Committee Proposal No. 12, as of law and of its governing body, without regard amended, relating to “A State Capital,” designated to the limits of debt hereinabove provided. “Article XIV”. Upon motion by Delegate Yamauchi, seconded by Delegate Yamamoto, the proposal passed Upon motion by Delegate Tavares, seconded by Dele third reading, as amended, on the following showing gate Heen, and carried, the amendment was adopted. of ayes and noes: Ayes, 42. Noes, 17 (Arashiro, Upon motion by Delegate Been, seconded by Dele Ashford, Ihara, Kage, Kawahara, Kellerman, Kido, gate Noda, the proposal, as amended, and as further Luiz, Lyman, Okino, Sakai, Sakakihara, Silva, St. amended, passed third reading on the following show Sure, Wirtz, Yamamoto and Yamauchi). Excused ing of ayes and noes: Ayes, 54. Noes, 2 (Nielsen, and not voting, 3 (Dot, Mau, Arthur K. Trask). Roberts). Excused and not voting, 3 (Doi, Mau, Absent at Roll Call, 1 (Loper). Arthur K. Trask). The President announced that Third reading of Committee Proposal No. 16, as the committee proposal, as amended, designated amended, relating to “Civil Service,” designated “Article VIII,” having passed third reading, would “Article XIV”: Upon motion by Delegate Yamau be referred back to the Committee on Style for chi, seconded by Delegate Yamamoto, the proposal arrangement of sections and article or articles and passed third reading on the following showing of for form, for report to the Convention. ayes and noes: Ayes, 46. Noes, 13 (Arashiro, Ash At this time, the President declared a recess, sub ford, Fukushima, Kellerman, Luiz, Mizuha, Nielsen, ject to the call of the Chair, at 9:58 o’clock a.m. At Charles A. Rice, Harold W. Rice, Serizawa, Silva, 10:18 o’clock a.m., the Convention reconvened. Delegate Wist, for the Committee on Style, pre St. Sure, Wirtz). Excused and not voting, 3 (Doi, Mau, Arthur K. Trask). Absent at Roll Call, 1 sented a report on Committee Proposal No. 27, as amended, dealing with Agriculture, Conservation (Lee). and Land, recommending the amendment of the said Third reading of Committee Proposal No. 20, as proposal, and submitting the same for the consider amended, designated as “Article XIV”: Upon ation of the Convention in the amended form attached motion by Delegate Yamauchi, seconded by Delegate to the report and designated “Article XIII” (see Dowson, the proposal passed third reading on the Sec. B, Standing Corn. Rpt. No. 124). following showing of ayes and noes: Ayes, 55. Noes, 124 CONVENTION JOURNAL 5 (Hayes, Keller man, Larsen, Phillips, Wirtz). Ex Amend Section 2 of Committee Proposal No. cused and not voting, 3 (Doi, Mau, Arthur K. Trask). 29 to read as follows: The President announced that under the Committee “Section 2. Senate; senatorial districts; num Proposals Nos. 12, 16 and 20, as amended, designated ber of members. The senate shall be composed “Article XIV,” having passed third reading, would of twenty-one members, who shall be elected by be referred back to the Committee on Style for ar the qualified voters of the respective senatorial rangement of sections and article or articles, and districts. The districts, and the number of sena for form, for report to the Convention. tors to be elected from each, shall be as follows: At this time, Delegate Sakakihara moved that the First senatorial district: That portion of the Convention resolve itself into a Committee of the island of Hawaii known as Puna, Hilo and Hama kua, four; Whole for the further consideration of Standing Com Second senatorial district: that portion of the mittee Reports Nos. 92, 95, 99 and 102, Committee Proposals Nos. 29 and 30, from the Committee on island of Hawaii known as Kau, Kona and Kohala, Legislative Powers and Functions, and Miscellaneous one; Third senatorial district: the islands of Maui, Communications Nos. 112, 113 and 114 on the same Molokai, Lanai and Kahoolawe, four; subject matter. Seconded by Delegate Noda, and carried; and at 10:38 o’clock a.m., the Convention Fourth senatorial district: that portion of the island of Oahu lying east and south of Nuuanu resolved itself into a Committee of the Whole for such purpose, with Delegate Anthony as chairman. Street and the Pali Road and the upper ridge of the Koolau range from the Nuuanu Pali to At 11:32 o’clock a.m., the committee rose and the Makapuu Point, five; Convention reconvened. Fifth senatorial district: that portion of the Delegate Anthony, for the Committee of the Whole, island of Oahu lying west and north of the fourth having under consideration Standing Committee Re senatorial district, four; and ports Nos. 92, 95, 99 and 102 and Committee Pro Sixth senatorial district: the islands of Kauai posals Nos. 29 and 30 from the Committee on Legis and Niihau, three.” lative Powers and Functions, and Miscellaneous Com Delegate Been moved for the adoption of the amend munications Nos. 112, 113 and 114 relating to the ment. Seconded by Delegate Lee. same subject matter, presented a report recommend Vice-President Fong here assumed the Chair, and ing: the amendment of Committee Proposals Nos. the President took his place on the floor of the Con 29 and 30, as set forth in the report of the Committee vention Hall. Considerable debate ensued following of the Whole; the passage of said committee proposals. the offering of this amendment. Delegate Phillips on second reading, as amended; the adoption of Stand moved the previous question. Seconded by Delegate ing Committee Report No. 92, save and except as the Fukushima, and carried. same may be inconsistent with the provisions and re A roll call being demanded, according to the rules commendations of this report; the filing of Standing of the Convention, the Chair put the motion to adopt Committee Reports Nos. 99 and 102 from the mino the amendment offered by Delegate Heen, which was rity of the Committee on Legislative Powers and lost on the following showing of ayes and noes: Ayes, Functions, and the filing of Miscellaneous Communi 13 (Anthony, Arashiro, Ashford, Corbett, Heen, Kage, cations Nos. 112, 113, and 114 (see Sec. B, Com. of Kanemaru, Kawakami, Kellerman, Lee, Harold W. Whole Rpt. No. 24). Delegate Anthony, for the Com Rice, White, Wirtz). Noes, 45. Excused and not vot mittee of the Whole, reported orally, recommending ing, 2 (Mau, Arthur K. Trask). Absent at Roll Call, the further amendment of Committee Proposal No. 3 (Kometani, Mizuha, Serizawa). 29, in accordance with the recommendations of the At 12:12 o’clock p.m., Delegate King moved that Committee of the Whole to be set out in a supplemen the Convention stand in recess until 1:30 o’clock this tary report to be filed later, and recommending the afternoon. Seconded by Delegate Phillips, and car passage of Committee Proposal No. 29, as thus fur ried. ther amended, and asking leave to file a supplemen tary written report covering said amendments, at a AFTERNOON SESSION later date. The Convention r.econvened at 1:43 o’clock p.m., Delegate Dowson moved for the adoption of Com with the President in the Chair and a quorum being mittee of the Whole Report No. 24 and for the adop present. tion of the oral report recommending the further The President announced that Delegate Kometani amendment of Committee Proposal No. 29, a written had been excused from the afternoon session. supplementary report on which is to be filed later. At this time, by unanimous consent, Delegate Seconded by Delegate Bryan. Hayes, for the Committee on the Hawaiian Homes Delegate Heen offered the following further amend Commission Act, presented a report recommending ment to Committee Proposal No. 29, as amended: that Petition No. 26 and Miscellaneous Communica SEVENTY-SIXTH DAY • Thursday, July 13, 1950 125 tions Nos. 94, 98, 99 and 103, relating to the Hawaii particularly described in the schedule, two repre an Homes Commission Act, be placed on file (see sentatives; Sec. B, Standing Corn. Rpt. No. 126). Upon motion Eleventh representative district: that portion by Delegate Hayes, seconded by Delegate Charles of the island of Oahu known as upper Nuuanu and A. Rice, and carried, the report of the committee more particularly described in the schedule, two was adopted; and Petition No. 26 and Miscellaneous representatives; Communications Nos. 94, 98 and 103 thereupon were Twelfth representative district: that portion placed on file. of the island of Oahu known as Kapalama, and By unanimous consent, Delegate Silva, for the Com more particularly described in the schedule, two mittee on Printing, presented a report on the printing representatives; of committee reports and committee proposals re Thirteenth representative district: that portion ferred to it for printing (see Sec. B, Standing Corn. of the island of Oahu known as Pauoa and more Rpt. No. 127). The report was received and placed particularly described in the schedule, four repre on file. sentatives; At this time, the President recognized Delegate Fourteenth representative district: that portion Heen who offered the following amendment to Com of the island of Oahu known as Manoa and Waikiki mittee Proposal No. 29, as amended: and more particularly described in the schedule, five representatives; Amend Section 3 of Committee Proposal No. Fifteenth representative district: that portion 29 to read as follows: of the island of Oahu known as Kaimuki and Kapa “SECTION 3. House of representatives; repre hulu and more particularly described in the sche sentative districts; number of members; appor dule, three representatives; tionment. The house of representatives shall be Sixteenth representative district: that portion composed of forty-one members, who shall be of the island of Oahu known as Wilhelmina Rise, elected by the qualified voters of the respective Kahala and Waialae, particularly described in representative districts. The representive dis the schedule, together with all other islands not tricts, and, until the next decennial reapportion included in any other representative district, ment, the number of representatives to be elected two representatives; from each, shall be as follows: Seventeenth representative district: the islands First representative district: that portion of of Kauai and Niihau, three representatives.” the island of Hawaii known as Puna, one represen tative; Delegate Heen moved for the adoption of the Second representative district: that portion amendment. Seconded by Delegate Lee. Some debate of the island of Hawaii known as South Hilo, three then ensued as to the amendment. representatives; Delegate Sakakihara moved for the previous ques Third representative district: that portion of tion. Seconded by Delegate Fukushima, and carried. the island of Hawaii known as North Hilo and A roll call being demanded, according to the rules of Hamakua, one representative; the Convention, the motion to adopt the amendment Fourth representative district: that portion of offered by Delegate Heen was put, and lost, on the the island of Hawaii known as Kau and South Kona following showing of ayes and noes: Ayes, 10 (An and that portion of North Kona known as Keauhou, thony, Ashford, Corbett, Heen, Kellerman, Lee, the latter being more particularly described in Harold W. Rice, Serizawa, James K. Trask, Wirtz). the schedule, one representative; Noes, 43. Excused and not voting, 4 (Doi, Kometani, Fifth representative district: that portion of Mau, Arthur K. Trask). Absent at Roll Call, 6 (Ara the island of Hawaii known as Kohala and that shiro, Gilliland, Kage, Kawakami, Mizuha, Phillips). portion of North Kona not included in the fourth Delegate Fong then moved for the previous ques representative district, one representative; tion. Seconded by Delegate Sakakihara, and carried. Sixth representative district: the islands of The Chair thereupdn put the previous question, Molokai and Lanai, one representative; which was the adoption of Committee of the Whole Seventh representative district: the islands Report No. 24 and the oral report of the chairman of Maui and Kahoolawe, four representatives; of the Committee of the Whole recommending the Eighth representative district: that portion further amendment of Committee Proposal No. 29, of the island of Oahu known as Koolaupoko and which was carried. Committee of the Whole Report Koolauloa, two representatives; No. 24 was adopted; Committee Proposal No. 29, Ninth representative district: that portion of as amended by the Report of the Committee of the the island of Oahu known as Waialua, Wahiawa, Whole No. 24, and as further amended by the oral Ewa and Waianae, three representatives; report of the chairman of the Committee of the Whole, Tenth representative district: that portion of passed second reading; Committee Proposal No. 30, the island of Oahu known as Kalihi and more as amended, passed second reading; Standing Corn- 126 CONVENTION JOURNAL mittee Report No. 92 was adopted, save and except passed third reading on the following showing of as the same was inconsistent with the provisions ayes and noes: Ayes, 44. Noes, 10 (Anthony, Ash and recommendations of the Committee of the Whole ford, Crossley, Kauhane, Kawahara, Luiz, Nielsen, Report No. 24 and the oral report of the said Commit Charles A. Rice, Serizawa, Shimamura). Excused tee of the Whole, to be followed by a supplementary and not voting, 3 (Kometani, Mau, Arthur K. Trask). written report; Standing Committee Reports Nos. 99 Absent at Roll Call, 6 (Arashiro, Gilliland, Lee, and 102 from the minority of the Committee on Le Mizuha, Phillips, White). The President announced gislative Powers and Functions were placed on file; that the committee proposal, as amended, designated and Miscellaneous Communications Nos. 112, 113 “Article V—The Executive,” having passed third and 114 were placed on file. reading, would be referred back to the Commit The President thereupon referred Committee tee on Style for arrangement of sections and article Proposals Nos. 29 and 30, both as amended, to the or articles, and for form, for report to the Conventior Committee on Style, for consideration as to phrase At this time, Delegate Anthony stated that he would ology only and for report within five convention like to record his dissent to Committee Proposal No. days, and ordered the report of the Committee of 22 which had just passed third reading, and to give the Whole printed. his reason therefor. “As far as I know, there is Delegate Sakakihara moved at this time that the not a state or nation in the Anglo-Saxon world that Convention take up the consideration of Committee permits the executive to pardon in cases of impeach Proposal No. 22, RD 2, on third reading, entitled: ment,” he said. “Article V—The Executive,” action on which was The President stated that the delegate’s remarks deferred this morning. Seconded by Delegate Silva, would be in the record. and carried. Delegate Shimamura asked the President if he might be permitted to record his reason for dissent Consideration, on third reading, of Committee ing to the passage of this proposal. Delegate Shima Proposal No. 22, as amended, designated “Article mura was recognized by the Chair, and stated: V—The Executive,” deferred from this morning: Delegate Silva moved that he be granted unanimous I am in agreement with the entire proposal consent to offer an amendment to said proposal. Sec except the last amendment made. I think that is onded by Delegate Sakakihara, and carried. Delegate identical in sense with the second sentence of Silva thereupon offered the following amendment to the paragraph amended and has not provided for Committee Proposal No. 22, as amended, designated the situation called to the Convention’s attention “Article V—The Executive”: by Delegate Silva. Amend the fifth paragraph of Section 6 of The President stated that these remarks would Committee Proposal No. 22 (RD 2) by adding the be recorded. following sentence at the end thereof: Delegate Kauhane was then recognized by the Pre “No person nominated to any office shall be sident and asked if he might state his reason for eligible for an interim appointment to such office voting “no” on the proposal. He, being granted such if the senate does not consent to the appointment permission, made the following statement: upon such information.” I went along voting for the adoption of the com Delegate Silva moved for the adoption of the amend mittee proposal, but at the last minute the amend ment. Seconded by Delegate Sakakihara. ment was offered by Delegate Silva, which is con Delegate Heen offered the following amendment trary to the action taken by the Committee on to Delegate Silva’s amendment: Executive Powers and Functions, because we have No person who has been nominated for gone over that matter and arrived at what we con appointment to any office and whose appointment sidered the best proposal to take care of the situa has not received the consent of the Senate shall tion that is now being questioned by the amendment be eligible to an interim appointment thereafter offered. .1 feel that the matter should have been to such office. voted down by this delegation. Delegate Silva accepted this amendment. Consi The President stated that the delegate’s remarks derable discussion followed as to whether this cover would be noted in the record. ed the sitatuion which it was desired to correct. Delegate Crossley, for the Committee on Submis The Chair put the motion to adopt the amendment sion and Information, offered a Resolution expressing proposed by Delegate Silva, as amended by Delegate the appreciation of the Convention to the representa Heen, which was carried. tives of the press for their reporting of the daily Upon motion by Delegate Okino, seconded by Dele sessions of the Convention (see Sec. B, Res. No. 48). gate Sakakihara, Committee Proposal No. 22, as Upon motion by Delegate Crossley, seconded by Dele amended, designated “Article V—The Executive,” gate Smith. the resolution was unanimously adopted. SEVENTY-SEVENTH DAY • Friday, July 14, 1950 127 Delegate Crossley, for the Committee on Submis in addition to Delegate Mau, who was excused on sion and Information, offered a resolution expressing account of illness. All other delegates were present. the appreciation of the Convention to radio stations Delegate Doi, for the Committee of the Whole, KGU, KGMB and KULA for their generous contribu having under consideration Standing Committee Re tions of free radio time to the Committee on Submis port No. 68 and Committee Proposal No. 23, from sion and Information for the purpose of informing the Committee on Ordinances and Continuity of Law, the public of the progress of the Convention (see Sec. presented a report recommending: (1) that Standing B, Res. No. 49). Upon motion by Delegate Crossley, Committee Report No. 68 be adopted, except as the seconded by Delegate Smith, the resolution was unani same might be inconsistent with the provisions and mously adopted. recommendations of this report of the Committee Delegates Roberts, Corbett, Larsen, Harold W. of the Whole; (2) that Committee Proposal No. 23, Rice, Okino, Sakakihara, Yamamoto, St. Sure, Ihara “Relating to Schedule on Continuity of Laws, Rights, and Yamauchi offered a resolution expressing the Actions, etc.,” be amended in the manner set forth sincere appreciation of the delegates to this Consti in the amended form of the proposal attached to the tutional Convention to the director and the members report; and (3) that as so amended, Committee Pro of the staff of the Legislative Reference Bureau for posal No. 23 pass second reading (see Sec. B, Corn. the services performed so excellently by them (see of Whole Rpt. No. 25). Sec. B, Res. No. 50). Upon motion by Delegate Upon motion by Delegate Sakakihara, seconded by Sakakihara, seconded by Delegate Smith, the resolu Delegate Bryan, and carried, the report of the com tion was unanimously adopted. mittee was adopted. Standing Committee Report No. At this time, the President announced that Dele 68 was thereupon adopted, except as the same was gate Ashford had submitted her resignation as a inconsistent with the provisions and recommendations member of the Committee on Submission and Infor - of the report of the Committee of the Whole; Commit mation in view of her pending absence from the tee Proposal No. 23 was amended in the manner set territory; and stated that he had accepted the same forth in the amended form attached to the report; with regret and had appointed in her place, as a mem and Committee Proposal No. 23, as so amended, ber of that committee, Delegate Kage. passed second reading. The President thereupon At 2:38 o’clock p.m., upon motion by Delegate Ho1~ referred the committee proposal, as amended, to royde, seconded by Delegate Noda, and carried, the the Committee on Style for consideration as to Convention adjourned until 11:00 o’clock a.m., on phraseology only and for report within five convention Friday, July 14, 1950. days, and ordered the report of the Committee of the Whole printed. Delegate Doi, for the Committee of the Whole, SEVENTY-SEVENTH DAY • Friday, July 14, 1950 having under consideration Standing Committee Re port No. 70 and Committee Proposal No. 24, from The Convention convened at 11:15 o’clock a.m., the Committee on Ordinances and Continuity of Law, with the President presiding. presented a report recommending: (1) that Standing The divine blessing was invoked by Chaplain Judd, Committee Report No. 70 be adopted, except as the after which the roll was called, showing all delegates same is inconsistent with this report of the Commit present, with the exception of Delegate Mau, excused tee of the Whole; and (2) recommending the amend on account of illness. The journal of the seventy- ment of Committee Proposal No. 24, “Relating to fourth, seventy-fifth and seventy-sixth days was Ordinances and Continuity of Law,” in the manner approved. set forth in the amended form of the proposal attach At this time Delegate Dowson moved that the Con ed to this report; and (3) recommending that as so vention resolve itself into a Committee of the Whole, amended, Committee Proposal No. 24 pass second for the further consideration of Standing Committee reading (see Sec. B, Corn. of Whole Rpt. No. 26). Reports Nos. 68, 70 and 73, and Committee Propos Upon motion by Delegate Sakakihara, seconded als Nos. 23, 24 and 25, from the Committee on Ordi by Delegate Bryan, and carried, the report of the nances and Continuity of Law. Seconded by Delegate committee was adopted. Standing Committee Report James K. Trask, and carried; and at 11:19 o’clock No. 70 was adopted, except as the same was incon a.m., the Convention resolved itself into a Committee sistent with the provisions and recommendations of of the Whole for such purpose, with Delegate Doi as the report of the Committee of the Whole; Committee chair man. Proposal No. 24, was amended in the manner set At 2:45 o’clock p.m., the committee rose and the forth in the amended form of the proposal attached Convention reconvened. to the report; and as thus amended, Committee Pro The President announced that Delegates Castro, posal No. 24 passed second reading. The President Lee, Loper, Nielsen, Smith and James K. Trask were thereupon referred the committee proposal, as excused from the afternoon session; and that Dele amended, to the Committee on Style for consideration gates Holroyde and Wist were temporarily excused, as to phraseology only and for report within five con- 128 CONVENTION JOURNAL vention days, and ordered the report of the Committee gate Harold W. Rice, and carried, the report of the of the Whole printed. committee was adopted. The proposals and other Delegate Dot, for the Committee of the Whole, matters enumerated in Standing Committee Report having under consideration Standing Committee Re No. 95 were placed on file; and the supplementary port No. 73 and Committee Proposal No. 25, present report was placed on file, the oral report of the ed a report recommending: (1) that Standing Com committee having previously been adopted. mittee Report No. 73 be adopted except as it was Delegate Mizuha, for the Committee on Bill of inconsistent with this Report of the Committee of the Rights, presented a report recommending that Pro Whole; (2) that Committee Proposal No. 25 be amend posal No. 17, relating to women on juries, be placed ed in the manner set forth in the amended form of on file for the reson set forth in the report (see Sec. the proposal attached to the report of the Committee B, Standing Com. Rpt. No. 128). Upon motion by of the Whole; and (3) that as so amended, Committee Delegate Mizuha, seconded by Delegate Bryan, and Proposal No. 25, “Relating to the Initial Election in carried, the report of the committee was adopted; the State of Hawaii,” pass second reading (see Sec. and Proposal No. 17 was thereupon placed on file. B, Corn. of Whole Report No. 27). Delegate Richards, for the Committee on Agricul Upon motion by Delegate Sakakihara, seconded by ture, Conservation and Land, presented a report Delegate Bryan, and carried, the report of the com recommending that Departmental Communication mittee was adopted. Standing Committee Report No. No. 11 be placed on file (see Sec. B, Standing Corn. 73 was adopted, except as it was inconsistent with Rpt. No. 129). Upon motion by Delegate Richards, this report of the Committee of the Whole; Committee seconded by Delegate Harold W. Rice, and carried, Proposal No. 25 was amended in the manner set forth the report of the committee was adopted, and Depart in the amended form of the committee proposal mental Communication No. 11 was thereupon placed attached to the report of the Committee of the Whole, on file. and as thus amended, Committee Proposal No. 25 At 2:59 o’clock p.m., upon motion by Delegate passed second reading. The President thereupon Kauhane, seconded by Delegate Noda, and carried, referred the committee proposal, as amended, to the Convention stood in recess until 4:30 o’clock the Committee on Style for consideration as to this afternoon. At 4:47 o’clock p.m., the Convention phraseology only, and for report within five conven reconvened. Delegate Holroyde, who had previously tion days, and ordered the report of the Committee been temporarily excused, was in attendance at this of the Whole printed. time. A communication from Delegate Arthur K. Trask, At this time, Delegate Tavares moved that the enclosing, for the records of the Convention, a copy rules be suspended, and that the Convention take up of a cablegram which he had sent to Senator Dents the consideration, on third reading, of Committee Chavez, a member of the United States Senate, asking Proposal No. 27, as amended, designated “Article his help in bringing the Hawaii Statehood issue to a XIII,” which is on the calendar, on General Orders, vote before the adjournment of Congress, was read for third reading tomorrow. The motion was sec by the Cleric (see Sec. B, Misc. Corn. No. 115). The onded by Delegate Wirtz and carried on the affirma communication was received and placed on file. tive vote of more than 32 delegates. Delegate Anthony, for the Committee of the Whole, Third reading of Committee Proposal No. 27, as having under consideration Standing Committee Re amended, designated “Article XIII”: Delegate ports Nos. 92, 95, 99 and 102, Committee Proposals Yamamoto moved that Committee Proposal No. 27, Nos. 29 and 30, from the Committee on Legislative as amended designated “Article XIII”: pass third Powers and Functions, and Miscellaneous Communi reading. Seconded by Delegate Silva. cations Nos. 112, 113 and 114 on the same subject Delegate Tavares moved that under the suspension matter, presented a supplementary report to Com of the rules, and by unanimous consent, he be permit mittee of the Whole Report No. 24, an oral report ted to offer an amendment to Section 5 of Committee having previously been made and adopted, recom Proposal No. 27, as amended, designated “Article mending the further amendment of Committee Pro XIII.” Seconded by Delegate Holroyde, and carried, posal No. 29, by the amendment of Section 17 there unanimously, by a rising vote. of to read as set forth in the supplementary report; and recommending that as so amended, Committee Delegate Tavares thereupon offered the following amendment to Section 5 of Committee Proposal No. Proposal No. 29 pass second reading; and further 27 as amended, designated “Article XIII”: recommending the adoption of Standing Committee Report No. 95 covering the disposition of proposals and other matters referred to the Committee on Add at the end of Section 5, the following Legislative Powers and Functions, in which it was sentence: recommended that these various matters be placed “This section shall not prohibit the dispo on file (see Sec. B, Corn. of Whole Rpt. No. 28). sition or utilization, pursuant to law, of lands Upon motion by Delegate Dowson, seconded by Dele for other lawful or public purposes.” SEVENTY-SEVENTH DAY • Friday, July 14, 1950 129 Accompanying the amendment was the following for disposition for certain private purposes men memorandum: tioned in the Organic Act. This simply clarifies the actual intent of Section The motion was seconded by Delegate Sakakihara, 5, which some delegates, including the under and carried. signed, fear might be construed so as to restrict Delegate Apoliona, for the record, stated that the use to which lands that could possibly be although he was in accord with the provisions of this usable for farms or homes can be put. This in article, if it is to be passed, all the “konohiki” tent was expressed during the debate on second rights in the sea waters of our state would some day reading, in answer to questions by the undersigned, go out of existence. This article directs the state to as not prohibiting public lands to be used for some conserve and develop one of our natural resources, other purposes than development of farm and home which is our fish supply, but at the same time the ownership. However, this is not expressed with article provides that all fisheries in the sea waters sufficient clearness in the committee report or of the state shall be free to the public. He asked that the Committee of the Whole report. Under the the record show that fish sanctuaries be permitted land laws which are continued in effect lands can in the State of Hawaii to preserve the sea life so that be sold or leased for many other purposes, includ the opihis, alamihis and opaes be not permanently ing pipe lines, irrigation ditches, pumping stations destroyed. reservoirs, factories and mills, mercantile es Delegate Ashford stated that on the adoption of the tablishments, hotels, churches, and private Article on Continuity of Law, in her opinion, Section schools, and many different public purposes. This 3 of Part 1 of that Article, and Section 4 of Part II, amendment will make it clear that such other uses relating to the opening of open sea fisheries and to are not prohibited, even where some land, which the condemnation of the vested rights, would no might be suitable for farms or homes, is disposed longer be necessary inasmuch as the Organic Act of or set aside for such other uses. relating thereto would be carried on. Delegate Tavares moved for the passage, on third Delegate Tavares moved for the adoption of the reading, of Committee Proposal No. 27, as amended, amendment. Seconded by Delegate Wirtz. designated as “Article XIII.” The motion was Delegate Roberts offered the following amendment seconded by Delegate Richards, and carried, on the to the amendment: following showing of ayes and noes: Ayes, 43. Noes, Delete the word “lawful” in the second line of 8 (Anthony, Ashford, Cockett, Kawahara, Keller man, the amendment, and delete the word “or” in the Luiz, Harold W. Rice, Wirtz). Excused and not third line of the amendment. voting, 12 (Castro, Fong, Kam, Kometani, Lee, Loper, Mau, Nielsen, Okino, Phillips, Smith, White). Delegate Roberts moved for the adoption of the The President announced that the committee proposal, amendment to the amendment. Seconded by Delegate as amended, designated “Article XIII,” having James K. Trask. passed third reading, would be referred back to the There was considerable debate, pro and con, as to Committee on Style for arrangement of sections and the necessity for this amendment. article or articles and for form, for report to the Delegate Tavares stated that if he could get a Convention. “sense vote” that the provisions of Section 5 read At this time, Delegate Anthony stated that he in the light of Section 4 did not prohibit the use or wished to bring to the attention of the body a matter disposition of public lands, as permitted under the relating to Section 1 of Committee Proposal No. 7, present Hawaiian Organic Act, he would be willing as amended, designated “Article VI,” which had to withdraw his motion. passed third reading. Delegate Anthony quoted Delegate Roberts thereupon withdrew his amend the following from Section 1 of the article: ment to Delegate Tavares, amendment, in order that the sense vote might be taken. Delegate James K. The judicial power of the State shall be vested Trask then withdrew his second to Delegate Roberts’ in one supreme court, circuit courts, and in such amendment. Delegate Tavares then withdrew his inferior courts as the legislature may from time amendment; and Delegate Wirtz withdrew his second to time establish. It shall extend to all cases thereto. arising under the constitution and laws of the Delegate Tavares thereupon made the following United States or this State. motion: He stated that it had been called to his attention I move that the journal of this Convention shall that possibly the last sentence was susceptible to the show that it is the consensus of this Convention argument that causes of action arising under laws of that the provisions of Section 5, read in the light other states might not be enforceable by the courts. of Section 4, do not prohibitthe use or disposition He did not think that this would be so, but since the of public lands as permitted under the present question had been raised by counsel, and since it Hawaiian Organic Act, for public purposes and would do no harm to delete the second sentence 130 ~uNVENTION JOURNAL from Section 1, he thought the thing to do was to tee was adopted and ordered printed, with the amend delete the sentence. Therefore, he moved that the ed form of Committee Proposal No. 29, as amended, rules be suspended in order that he might make a designated “Article IV.” The President gave notice motion to reconsider the action taken by the Conven at this time that the committee proposal, as amended, tion in passing this proposal on third reading. The designated “Article IV,” would be placed on the motion was seconded by Delegate Wirtz, and carried calendar, on General Orders, for consideration on unanimously. third reading on Monday, July 17th. Delegate Porteus thereupon moved that the Con At 5:50 o’clock p.m., upon motion by Delegate vention reconsider its action in passing Committee Wirtz, seconded by Delegate Noda, and carried, the Proposal No. 7, designated “Article VI,” on third Convention stood in recess until 8:00 o’clock tonight. reading and in thereafter referring it to the Commit tee on Style for arrangement of sections and article EVENING SESSION or articles and for form and report to the Convention, and that Article VI be recalled from the Committee The Convention reconvened at 8:17 o’clock p.m., on Style. The motion was seconded by Delegate Wirtz with all delegates being present, with the exception and carried unanimously. of Delegates Castro, Kam, Kometani, Larsen, Lee, Pursuant to this action, Delegate Wist, for the Loper, Luiz, Mau, Mizuha, Nielsen, Okino, Phillips, Committee on Style, reported orally returning said Smith, St. Sure, White and Yamauchi, excused, and Proposal No. 7, designated “Article VI,” to the with President King in the Chair. Convention. A communication from the President of the Cham Third reading of Committee Proposal No. 7, ber of Commerce of Honolulu congratulating the dele designated “Article VI.” gates for their painstaking and unselfish devotion By unanimous consent, Delegate Anthony offered to the task of drafting the constitution, and expressing the following amendment to Section 1 of said Article the belief that the results of their labors were recog VI: nized and would be approved by the people of Hawaii Delete the second sentence of Section 1 of and by the Congress of the United States, was read Article VI, reading as follows: by the Clerk (see Sec. B, Misc. Corn. No. 116). The “It shall extend to all cases arising under communication was received and placed on file. the constitution and laws of the United States or A communication from the legislative representa this state.” tive of the American Federation of Labor, enclosing copy of a resolution adopted by the Honolulu Typo Upon motion by Delegate Anthony, seconded by graphical Union No. 37 (A. F. of L.), requesting the Delegate James K. Trask, and carried, the amend Convention to have the union label affixed on the ment was adopted. Delegate Anthony moved for the adoption of Section 1 as amended. Seconded by Dele proposed Constitution when awarding the contract for printing the same, was read by the Clerk (see gate Heen, and carried. Upon motion by Delegate Anthony, seconded by Sec. B, Misc. Corn. No. 117). After some discussion Delegate Heen, Committee Proposal No. 7, as as to the proper reference of this communication amended, designated “Article VI,” passed third and resolution, the Chair referred them to the Com reading on the following showing of ayes and noes: mittee on Submission and Information, this being a Ayes, 49. Noes, 1 (Richards). Excused and not continuing body of this Convention. voting, 13 (Castro, Fong, Kam, Kometani, Larsen, Delegate Wirtz, for the Committee on Rules and Lee, Loper, Mau, Nielsen, Okino, Phillips, Smith Order of Business to which was referred the verbal and White). The President announced that the com request of the chairman of the Committee on Sub mittee proposal, as amended, designated “Article mission and Information to have its membership VI,” upon recall having passed third reading, would increased from 15 members, presented a report be referred back to the Committee on Style for recommending that subsection 17 of Rule 17, reading: arrangement of sections and article or articles and “Committee on Submission and Information, 15 mem for form, for report to the Convention. bers,” be suspended for the purpose of permitting Delegate Wist, for the Committee on Style, pre the President of the Convention to appoint not more sented a report on Committee Proposal No. 29, as than six additional members to this committee (see amended, relating to legislative powers and functions, Sec. B, Standing Corn. Rpt. No. 131). recommending the amendment of the said proposal, Delegate Crossley, chairman of the Committee and submitting the same for the consideration of the on Submission and Information, spoke briefly in favor Convention in the amended form attached to the re of the increase in the number of members of that port and designated “Article IV” (see Sec. B, committee. Upon motion by Delegate Wirtz, second Standing Com. Rpt. No. 130). ed by Delegate Apoliona, and carried, the report of Upon motion by Delegate Wist, seconded by Dele the committee was adopted by the affirmative vote gate Dowson, and carried, the report of the commit- of more than 32 delegates. SEVENTY-SEVENTH DAY • Friday, July 14, 1950 131 The Chair called attention to a letter of which shall not be used in the original signed Constitution. Delegate Dowson had circulated mimeographed Seconded by Delegate Woolaway. copies, being the remarks of Benjamin Franklin Delegate Heen stated that he would like to see after the Constitution of the United States had been subtitles used in the original Constitution and drafted, which seemed very appropriate at this time thought this could be taken care of by making a when the delegates would be returning to their homes motion at this time instructing the Committee on to solicit the support of the people of Hawaii for the Style to insert in the Schedule a provision that all Constitution which this Convention has drafted. subtitles are not to be used in interpreting the pro In this connection, Delegate Crossley stated visions of the articles of the Constitution. Delegate that of the seven radio broadcasts sponsored by the Heen then moved an amendment to Delegate Ashford’s Committee on Submission and Information, two had motion, as follows: received a great deal of comment, and one of those The original Constitution shall have sub-titles; was the broadcast by Delegate Dowson, on Benjamin and the Committee on Style shall be instructed to Franklin, which had created a great deal of interest insert in the Schedule a provision that the said and very favorable comment. subtitles shall not be considered as interpreting Delegate Wirtz, for the Committee on Rules and the provisions of the Constitution. Order of Business, presented a report on Resolution No. 42 relating to various types of assistance for the The motion was seconded by Delegate Kauhane. victims of the recent disastrous volcanic eruption The Chair thereupon put the amendment made by in South Kona, Island of Hawaii, recommending that Delegate Heen to Delegate Ashford’s motion, which the same be placed on file for the reason that the was carried, whereupon the motion, as amended, subject matter thereof was not within the province was put and carried. The President stated that the of the Convention (see Sec. B, Standing Com. Rpt. Committee on Style would be instructed accordingly. No. 132). Upon motion by Delegate Wirtz, seconded At 8:54 o’clock p.m., upon motion by Delegate by Delegate Apoliona, and carried, the report of the Kauhane, seconded by Delegate James K. Trask, and committee was adopted; and Resolution No. 42 was carried, the Convention stood in recess, subject to thereupon placed on file. the call of the Chair. At 10:06 o’clock p.m., the Con Delegate Wirtz, for the Committee on Rules and vention reconvened. Delegates Kam and Larsen, who Order of Business, presented a report on Resolution had previously been excused, were in attendance at No. 39 referred to that committee recommending that this time. the resolution be amended in the form attached to Delegate Richards moved that the rules be sus the report, and that as so amended, it be adopted, pended in order that the Convention might at this which provided for the expression of gratitude by time take up the consideration, on third reading, of the Convention to the states which had sent their Committee Proposal No. 29, as amended, designated state flags for the purpose of hanging them in the “Article IV,” which had been placed on the calen Convention Hall during the session now drawing to dar, on General Orders, for consideration on Monday, a close, and further, directing the Secretary of the July 17th. Seconded by Delegate Wirtz, and carried Convention to forward copies of the amended Resolu unanimously by a rising vote. tion No. 39 to each of the governors of those states Third reading of Committee Proposal No. 29, as which had forwarded their state flags (see Sec. B, amended, designated “Article IV”: Upon motion Standing Corn. Rpt. No. 133). Upon motion by Dele by Delegate Bryan, seconded by Delegate Holroyde, gate Wirtz, seconded by Delegate Apoliona, and the proposal, as amended, designated “Article IV”: carried, the report of the committee was adopted; passed third reading on the following showing of ayes and Resolution No. 39 was adopted in the amended and noes: Ayes, 38, Noes, 10 (Arashiro, Heen, Kage, form. Kawahara, Kellerman, Harold W. Rice, Roberts, At this time, Delegate Ashford stated that the mat Serizawa, Shimamura and Wirtz). Excused and not ter of the use, tentatively, of subtitles in the various voting, 15 (Castro, Kometani, Lee, Loper, Luiz, Mau, articles of the Constitution was a matter that was of Mizuha, Nielsen, Okino, Phillips, Smith, St. Sure, some concern to her; and that it had not been finally Arthur K. Trask, White and Yamauchi). The Presi determined as to whether or not subtitles were to be dent announced that the committee proposal, as used; and if they were, she felt that some provision amended, designated “Article IV,” having passed should be made in the Schedule to show that those third reading, would be referred back to the Commit subtitles are not a part of the Constitution. Such a tee on Style for arrangement of sections and article provision would eliminate all question of construc or articles, and for form, for report to the Conven tion. She felt that there should be a determination tion. by the Convention as to whether subtitles are to be At this time, Delegate Crossley, Chairman of the used in the original Constitution, as distinguished Committee on Submission and Information, reported from the printed copies that are to be distributed. orally that the proceedings of the Convention had Delegate Ashford therefore moved that subtitles been recorded on the recording machine for 74 of 132 CONVENTION JOURNAL the 77 days of the Convention, utilizing something A communication from Hon. Oscar Rennebohm, over 86.4 miles of recording tape. Governor of the State of Wisconsin, stating that a At 10:30 o’clock p.m., upon motion by Delegate flag of that state was being forwarded to be hung in Woolaway, seconded by Delegate Noda, and carried, the Convention Hall, was read by the Clerk (see Sec. the Convention adjourned until 11:00 o’clock a.m., B, Misc. Com. No. 123). The communication was on Saturday, July 15, 1950. received, to be acknowledged with thanks, and there after placed on file. A communication from Clarence A. White, son of SEVENTY-EIGHTH DAY • Saturday, July 15, 1950 Esther Spring White, deceased, expressing apprecia tion for the resolution of sympathy adopted by the The Convention convened at 11:17 o’clock a.m., Convention extending condolences to the late Mrs. with President King presiding. White’s family, was read by the Clerk (see Sec. B, After prayer by Chaplain Judd, the roll was called, Misc. Corn. No. 124). The communication was re showing all delegates present, with the exception of ceived and placed on file. Delegates Castro, Mau, Nielsen, Okino, Phillips, A communication from Joseph B. Andrews, son Silva, Smith and St. Sure, excused; and Delegate of Joseph G. Andrews, deceased, expressing on be Fong, temporarily excused. half of the family of the deceased, gratitude and The President stated that he would report at the appreciation for the sympathy expressed in the reso next session of the Convention, tentatively set for lution of condolence adopted by the Convention was Saturday, July 22nd, on the journal of the seventy- read by the Clerk (see Sec. B, Misc. Corn. No. 125). seventh day. The communication was received and placed on file. A communication from the Secretary to the Presi A communication from the administrative secre dent of the United States acknowledging receipt of tary to the Secretary of Defense, Washington, D. C., certified copy of Resolution No. 38 which requested acknowledging receipt of the resolution adopted by favorable action by Congress on House Joint Resolu the Convention with reference to the action of the tion No. 238 of the 81st Congress to provide the pri President of the United States on Korea, was read vilege of becoming a naturalized citizen of the United by the Clerk (see Sec. B, Misc. Corn. No. 126). The States to all immigrants having a legal right to perma communication was received and placed on file. nent residence in the United States, was read by the A communication from the director of the Division Clerk (see Sec. B, Misc. Corn. No. 118). The commu of Territories and Island Possessions, United States nication was received and placed on file. Department of the Interior, Washington, D. C., A communication from United States Senator Pat acknowledging receipt of a certified copy of the reso McCarran, chairman of the Senate Committee on lution adopted by the Convention supporting the Judiciary acknowledging receipt of certified copy of action of President Truman regarding the Korean Resolution No. 38 adopted by the Convention, was situation, was read by the Clerk (see Sec. B, Misc. read by the Clerk (see Sec. B, Misc. Corn. No. 119). Corn. No. 127). The communication was received The communication was received and placed on file. and placed on file. A communication from the administrative assist The President at this time stated that he would ant to the Speaker of the House of Representatives like to ask acting Governor Oren E. Long, who was of the United States Congress acknowledging receipt seated on the rostrum, to say a few words to the of a certified copy of Resolution No. 38 adopted by delegates as the Convention was drawing to a close, the Convention, was read by the Clerk (see Sec. B, particularly since he had addressed the Convention Misc. Corn. No. 120). The communication was re on the opening day, on April 4th. ceived and placed on file. The President thereupon presented Mr. Long to A communication from Honorable Alben W. Bark the assembly, and he then informally addressed the ley, Vice-President of the United States and Presi delegates as follows: dent of the United States Senate, acknowledging certi fied copy of Resolution No. 38 adopted by the Conven As a 33 year resident of these lovely islands, tion, and stating that the same would be brought to I want to say in all sincerity that I have taken tremendous pride in the accomplishments of this the attention of the United States Senate, was read Constitutional Convention, and particularly in the by the Clerk (see Sec. B, Misc. Corn. No. 121). The attitude of every member and the evidence of the communication was received and placed on file. great desire to do the right thing. I think this A communication from the Secretary of State of Convention has been characterized by honesty and the State of Utah expressing regret at the delay in integrity and the great desire to serve the people, forwarding a flag of that state for use in the Conven and every man and woman in it would be great in tion Hall, and stating that one was that day being any great American deliberating body. mailed, was read by the Clerk (see Sec. B, Misc. Corn. No. 122). The communication was received Delegate Arthur K. Trask at this time rose to a and placed on file. point of personal privilege to inform the delegates SEVENTY-EIGHTH DAY • Saturday, July 15, 1950 133 that he had received a reply to his cablegram to Upon motion by Delegate Sakakihara, seconded by United States Senator Denis Chavez, to which refer Delegate Noda, the committee proposal, as amended, ence was made in yesterday’s journal, in which designated “Article IV (Schedule),” pass third Senator Chavez stated that he was for statehood for reading on the following showing of ayes and noes: Hawaii and would do his best to obtain passage of Ayes, 43. Noes, 10 (Ashford, Doi, Heen, Kawahara, the bill in the Senate. Harold W. Rice, Roberts, Serizawa, Shimamura and At this juncture, the President informed the dele Yamamoto). Excused and not voting, 10 (Castro, gates that official movies would be taken this morning, Fong, Mau, Nielsen, Okino, Phillips, Silva, Smith, instead of the day of the signing of the Constitution, St. Sure and Arthur K. Trask). Absent at Roll Call, showing the delegates leaving the Convention Hall 1 (Lee). The President announced that the commit on their way to lolani Palace where the Constitution tee proposal, as amended, designated “Article IV is to be officially signed, and again, the movie camera (Schedule),” having passed third reading, would would take the delegation as they entered the Palace be referred back to the Committee on Style for for the signing ceremonies, it being felt that, with arrangement of sections and article or articles, and the large crowd anticipated to be in attendance when for form, for report to the Convention. the ceremony takes place, tentatively set for next Delegate Wist, for the Committee on Style, pre Saturday, it would be simpler to take these movies sented a report on Committee Proposals Nos. 23, 24 today than at the time of the actual signing ceremo and 25, as amended, recommending the amendment nies. of said proposals, and submitting the same for the The Convention thereupon stood in recess, at consideration of the Convention in the amended forms 11:27 o’clock a.m., subject to the call of the Chair, attached to the report and designated as “Article in order that these movies might be taken as out XVI, Parts I, II, and III,” respectively (see Sec. B, lined by the President. The Convention reconvened Standing Com. Rpt. No. 135). at 11:57 o’clock a.m., following the taking of the Upon motion by Delegate Wist, seconded by Dele movies as above described. gate Noda, and carried, the report of the committee At the suggestion of Delegate Arthur K. Trask, was adopted and ordered printed, with the amended a vote of thanks was extended to Mr. William H. forms of Committee Proposals Nos. 23, 24 and 25, Heen, Jr., of the Kawailoa Training School for Girls, designated, respectively, in the report as “Article for his kindness in supplying the Convention with XVI, Parts I, II and III.” The President gave notice several hundred beautiful hibiscus blossoms of count at this time that the committee proposals, as amended, less varieties and hues, which decorated the desks designated, respectively, “Article XVI, Parts I, II and of the delegates this morning. III,” would be placed on the calendar, on General Delegate Wist, for the Committee on Style, pre Orders, for consideration on third reading on Monday, sented a report on Committee Proposal No. 30 from July 17th. the Committee on Legislative Powers and Functions, Delegate Crossley moved that the rules be sus recommending the amendment of the said proposal, pended in order that the Convention might at this and submitting the same for the consideration of the time take up the consideration of Committee Propos Convention in the amended form attached to the re als Nos. 23, 24 and 25, as amended, designated, port and designated as “Article IV (Schedule)” respectively, “Article XVI, Parts I, II and III.” (see Sec. B, Standing Com. Rpt. No. 134). Seconded by Delegate Noda, and carried, on an Upon motion by Delegate Wist, seconded by Dele affirmative rising vote of more than 32 delegates. gate Noda, and carried, the report of the committee Delegate Shimamura moved that each of these pro was adopted and ordered printed, with the amended posals be considered separately. Seconded by Dele form of Committee Proposal No. 30, designated in gate Lee, and carried. the report as “Article IV (Schedule).” The Presi dent gave notice at this time that the committee Under suspension of the rules, the Convention at proposal, as amended, designated “Article IV this time took up the third reading of Committee Pro (Schdule)” would be placed on the calendar, on posal No. 23, as amended, designated “Article XVI, General Orders, for consideration on third reading Part I.” on Monday, July 17th. Third reading of Committee Proposal No. 23, as Delegate Charles A. Rice moved that the rules amended, designated “Article XVI, Part I”: be suspended in order that the Convention might at Delegate Shimamura moved for the passage on third this time take up the consideration of Committee reading of Committee Proposal No. 23, as amended, Proposal No. 30, as amended, designated “Article designated “Article XVI, Part I.” Seconded by IV (Schedule),” on third reading. Seconded by Delegate Noda. Delegate Nocla and carried unanimously, by a rising Delegate Anthony moved that he be granted unani vote. mous consent in order that he might offer an amend Third reading of Committee Proposal No. 30, as ment to this proposal. Seconded by Delegate Noda, amended, designated “Article IV (Schedule) “: and carried unanimously, by a rising vote. 134 CONVENTION JOURNAL Delegate Anthony then briefly stated his reason been “Aye” had he not been so in error as to the for desiring to amend this proposal, and thereupon document on which the vote was being taken. offered the following amendment thereto: Delegate Wirtz then moved that the rules be sus In the third line of Section 2 of Committee pended, and that the Convention at this time take up Proposal No. 23, as amended, tentatively desig the third reading of Committee Proposal No. 25, as nated as “Article XVI, Part I,” delete the amended, designated “Article XVI, Part III.” words “or incongruous,” after the word “incon Seconded by Delegate Noda, and carried by a rising sistent.” vote of more than 32 delegates. Third reading of Committee Proposal No. 25, as Delegate Anthony moved for the adoption of the amended, designated “Article XVI, Part Ill”: amendment. Seconded by Delegate Woolaway. Con Upon motion by Delegate Shimamura, seconded by siderable discussion, pro and con, followed on the Delegate Wirtz, the proposal, as amended, designated proposed amendment, participated in by Delegates “Article XVI, Part III,” passed third reading on Anthony, Doi, Crossley, Roberts and Tavares. the following showing of ayes and noes: Ayes, 51. The Chair then put the motion for the adoption Noes, 2 (Yamamoto and Yamauchi). Excused and not of the amendment, which was carried. voting, 10 (Castro, Fong, Mau, Nielsen, Okino, The Clerk then read Section 2, as amended, of Phillips, Sakakihar a, Silva, Smith, St. Sure). The Committee Proposal No. 23, designated “Part I” President announced that the committee proposal, as of “Article XVI.” amended, designated “Article XVI, Part m,” Upon motion by Delegate Wirtz, seconded by Dele having passed third reading, would be referred back gate Lai, Committee Proposal No. 23, as amended, to the Committee on Style for arrangement of sectiom designated “Part I” of “Article XVI,” passed and article or articles and for form, for report to third reading on the following showing of ayes and the Convention. noes: Ayes, 48. Noes, 5 (Akau, Kawahara, Larsen, Delegate Wist, for the Committee on Style, re Lyman and Shimamura). Excused and not voting, 10 ported orally that the committee had set up a ten (Castro, Fong, Mau, Nielsen, Okino, Phillips, Sakaki tative order for the arrangement of the articles in hara, Silva, Smith, St. Sure). The President an the Constitution, and at this time there was distri nounced that the committee proposal, as amended, buted to the delegates a mimeographed sheet enti having passed third reading, would be referred back tled: “Proposed arrangement of drafted Constitution to the Committee on Style for arrangement of sections for the State of Hawaii” covering this, as follows: and article or articles and for form, for report to Preamble the Convention. Delegate Wirtz moved that the rules be suspended Adoption of Federal Constitution and that the Convention at this time take up the con Article sideration, on third reading of Committee Proposal No. 24, as amended, designated “Part II” of “Ar I. Bill of Rights ticle XVI.” Seconded by Delegate Noda and car II. Suffrage and Elections III. The Legislature ried by a rising vote of more than 32 delegates. Third reading of Committee Proposal No. 24, as IV. The Executive amended, designated “Part II” of “Article XVI”: V. The Judiciary VI. Taxation and Finance Upon motion by Delegate Shimamura, seconded by VII. Local Government Delegate Wirtz, the proposal, as amended, and desig nated “Part II” of “Article XVI,” passed third VIII. Public Health and Welfare reading on the following showing of ayes and noes: IX. Education Ayes, 49. Noes, 4 (Arashiro, Ashford, Luiz, Mi X. Natural Resources, Land zuha). Excused and not voting, l0(Castro, Fong, Mau, XI. Hawaiian Home Lands XII. Organization, Collective Bargaining Nielsen, Okino, Phillips, Sakakihara, Silva, Smith, XIII. State Boundaries, Capital, Flag St. Sure). The President announced that the commit XIV. General and Miscellaneous Provisions tee proposal, as amended, designated “Part II” of XV. Revision and Amendment “Article XVI,” having passed third reading, XVI. Schedule would be referred back to the Committee on Style for arrangement of sections and article or articles and Delegate Wist explained that the Preamble would for form, for report to the Convention. not be listed as an article; neither would the adop Delegate Mizuha asked that the record show that tion of the Federal Constitution. The purpose of he was under the impression that the Convention was speaking on this subject at this time was to get the voting on Part I of Committee Proposal No. 23 as consensus of the Convention as to the proposed amended, .and for that reason had voted “No” thereon; arrangement of the articles in accordance with the and that his vote on Committee Proposal No. 24, list submitted, in order that the committee might designated “Article XVI, Part II” would have proceed accordingly with a sense of assurance that SEVENTY-EIGHTH DAY • Saturday, July 15, 1950 135 this arrangement would meet with the approval of if any, and that prepared by the Convention, and the Convention. He stated that the “Schedule”—Ar providing that certified copies of this resolution be tide XVI—had been checked very carefully with the transmitted to certain officials (see Sec. B, Res. territorial Survey Department. Delegate Wist in No. 53). Upon motion by Delegate Crossley, second formed the CQpvent ion, also, that the Committee on ed by Delegate Roberts, and carried, the resolution Style would have all of the articles adopted by the was adopted. Convention ready and proof-read and in a single All of the delegates offered a resolution urging document, ready by next Saturday morning. the Senate of the United States to take up the ques Delegate Charles A. Rice suggested that a copy tion of statehood for Hawaii before adjournment of of the Constitution, in its final form, be mailed, by the present session of the Congress, and to act airmail, to each of the delegates on the outside Is favorably on H.R. 49(see Sec. B, Res. No. 54). Upon lands before Saturday; and the President so ordered motion by Delegate Wirtz, seconded by Delegate Delegate Lee thereupon moved that the Convention Noda, the resolution was adopted unanimously. instruct the Committee on Style to proceed with the At this time, Delegate Apoliona stated that he arrangement of the articles of the Constitution in the felt the signing of the Constitution was such an im order presented on the mimeographed sheet. The portant and historic event that the public should be motion was seconded by Delegate Harold W. Rice, permitted to witness it, and as the hall of the House and carried unanimously. of Representatives was too small to permit this, he At 1:06 o’clock p.m., the Convention stood in re thought that a platform should be erected in front cess, subject to the call of the Chair. At 1:13 o’clock of the lolani Palace for this purpose; that there p.m., the Convention reconvened. should be a great deal of publicity given to this cere Delegate Crossley, for the Committee on Submis mony, and that during the signing by the delegates sion and Information, reported orally that although the bells of Kawaiahao Church should be ringing. Resolution No. 49, adopted by the Convention last Delegate Anthony suggested that the suggestions of Friday, had expr essed appreciation, specifically, Delegate Apoliona be carried out as nearly as prac to certain radio stations for their generosity in ticable through an appropriate committee. donating radio time for the weekly broadcasts cover Delegate Apoliona thereupon moved that the Con ing the activities of the Convention, that all of the stitution be signed on a platform to be erected over stations had given splendid covering of the Conven the front steps of lolani Palace, in order that the tion proceedings, and he would like the record so to general public might be able to witness the ceremony. state. The motion was seconded by Delegate Anthony. The Delegate Wirtz, for the Committee on Rules, motion was put by the Chair, and lost. offered a resolution recording the appreciation of Delegate Serizawa moved that a special pen be the Convention for the cooperation of the Hawaii provided the delegates for use in signing the Consti National Guard in making available certain facilities tution, and that thereafter it be filed in the Ar chives at the Armory for the use of the Convention (see Sec. for posterity. Seconded by Delegate Arashiro. In B, Res. No. 51). Upon motion by Delegate Wirtz, the discussion that followed, it appeared to be the con seconded by Delegate Noda, the resolution was sensus that the delegates preferred to sign with their adopted unanimously. own pens. The Chair thereupon put Delegate, Sen - Delegate Wirtz, for the Committee on Rules and zawa’s motion, which was lost. Order of Business, offered a resolution recording its At this time, Delegate Holroyde moved that a vote appreciation and thanks to all the employees of the of thanks be extended to Delegate White for the daily Convention for the splendid manner in which they supply of pineapple juice that had been supplied had carried out their respective assignments (see throughout the Convention through his courtesy, Sec. B, Res. No. 52). Upon motion by Delegate Wirtz, which haa been enjoyed by everyone connected with seconded by Delegate Noda, the resolution was the Convention. The motion was seconded by Dele adopted unanimously. gate Bryan, and carried unanimously. The Chair added his personal thanks to the mem Delegate Noda, for Delegate Silva, for the Com bers of the staff, and particularly to the secretarial mittee on Printing, presented a report on various staff for their arduous and helpful performance of committee reports and committee proposals referred their duties which had helped the Convention to com to it for printing (see Sec. B, Standing Corn. Rpt. plete its work in a reasonable time. No. 136). The report was received and placed on Delegate Crossley offered a resolution providing file. for the submission of the Constitution, as approved A communication from Delegate Edward C. Bryan in final form by the Convention, to the people for setting forth a few of his reasons for his support of adoption or rejection as a whole; and providing that a large legislature, was read by the Clerk (see Sec. alternative proposals, if any, suggested by the legis B, Misc. Corn. No. 128). The communication was lature, also be presented to the people as a whole, so received and placed on file, mimeographed copies that the electorate may choose between such draft thereof having been distributed to all of the delegates. 136 CONVENTION JOURNAL Delegate Porteus, Secretary of the Convention, 138). Upon motion by Delegate Castro, seconded by reported orally, returning Resolution No. 8, action Delegate Holroyde, and carried, the report was on which had been deferred at the time of its off er adopted. ing on April 6th, which expressed thanks and apprecia At this time, President King addressed the Con tion to Mr. George H. Lehleitner, a visitor from the vention as follows: mainland, for his ardent advocacy of statehood for Hawaii throughout the nation, with the recommenda About six months ago, 243 citizens of Hawaii, tion that it be placed on file. men and women, offered themselves for the task Upon motion by Delegate Porteus, seconded by of drafting a Constitution for our community. In Delegate Noda, and carried, the oral report of the accordance with the provisions of the law autho Secretary was adopted, and Resolution No. 8 was rizing a Convention for that purpose, 63 of us thereupon placed on file. were selected by the voters of Hawaii to prepare At this juncture, President King announced that, a Constitution for their approval. With two vacan pursuant to Standing Committee Report No. 131, cies filled by appointment, we have accepted the adopted by the Convention, he had appointed Delegates obligation to draft the best document our collec Castro and Silva as two additional members on the tive judgment could devise. Committee on Submission and Information. The people of this community have shown their At 1:32 o’clock p.m., upon motion by Delegate interest in our labors, by the high vote cast in Porteus, seconded by Delegate Lee, and carried, the elections that selected us, and by the close the Convention adjourned until 10:30 o’clock a.m., attention to our deliberations since we began on on Saturday, July 22, 1950, at which time it will April 4th. reconvene in lolani Palace for the signing of the After 79 Convention days, covering a period Constitution and such other matters as may come of 110 calendar days, we have before us for our before the Convention at that time. signatures the results of our work, a document which we shall as a body urge the people of Hawaii to ratify as their Constitution. SEVENTY-NINTH DAY • Saturday, July 22, 1950 It may be that some of you are concerned at the exclusion of some provision which you may The Convention convened at 10:30 o’clock a.m., have considered essential, or possibly concerned in the Throne Room of lolani Palace, with President over the inclusion of a proposal that you feel may King presiding. occasion future difficulties. I feel strongly that The delegates were seated alphabetically in rows, no such misgivings are justified. The Constitution directly behind whom were their invited guests, one we have drafted is a splendid document, providing seat having been allotted to each delegate; and behind an excellent framework for the government of an the guests were other interested persons, represent American commonwealth. As well as can be, we ing the general public, from all walks of life and of have anticipated the problems of the future with all races who overflowed onto the adjoining lanais. out seeking to bind that future irrevocably and The Convention Hall was resplendent with masses provided sufficient elasticity in the Constitution of colorful hibiscus and other lovely Island flowers to meet those problems. Those who administer arranged in bowls on the steps leading to the dais the government we are founding may be trusted and other places in the hall. The delegates were to apply the principles we have laid down in the bedecked with beautiful flower leis and garlands of light of their own times, just as the Federal fragrant maile which had been sent by the Department Constitution has been interpreted to fit the needs of Institutions and the families and personal friends of a great and growing nation. of the members. To those who may for one cause or another The session opened by the singing of the “Queen’s hesitate to approve this document in its entirety, Prayer” by a group of nine women in lovely holokus, I recommend a perusal of Franklin’s remarks on under the leadership of Mrs. Bina Mossman, follow a similar occasion. Upon the completion of the ing which Chaplain Judd invoked the divine blessing. drafting of the proposed Constitution for the The roll was called, showing all delegates present United States, Franklin addressed his fellow dele with the exception of Delegate Loper, excused, it gates, in part, as follows~ having been necessary for him to leave earlier in “I confess that I do not entirely approve of the week to attend an important educational conference this Constitution at present; but, sir, I am not on the mainland; and Delegate Ashford, absent. sure I shall never approve of it, for, having lived The journal of the seventy-seventh and seventy- long, I have experienced many instances of being eighth days was approved. obliged, by better information or fuller considera Delegate Castro, for the Committee on Accounts, tion, to change opinions even on important sub presented a report on the accounts of the Convention jects, which I once thought right, but found to be as of this date (see Sec. B, Standing Com. Rpt. No. otherwise.” SEVENTY-NINTH DAY • Saturday, July 22, 1950 137 And at the end of Franklin’s remarks, he said: A communication, in the form of a radiogram, “On the whole, sir, I cannot help expressing from Hon. Oscar L. Chapman, Secretary of the In a wish that every member of the Convention who terior, Washington, D.C., congratulating the Conven may still have objections to it, would, with me, tion on successfully completing Hawaii’s first im on this occasion, doubt a little of his own infalli- portant task in achieving statehood, and expressing bility, and, to make manifest our unanimity, put the pride of the Department of the Interior, on the his name to this instrument.” manner in which the proceedings were carried out in the best American tradition, commending all of Let me remind such hesitant delegates, if any the delegates for their earnest’ efforts, and express there be, that this Constitution is not the product ing confidence that the 81st Congress would soon of any one person, or group of persons, but the enact statehood legislation for Hawaii, was read by considered judgement of all of us, to which every the Clerk (see Sec. B, Misc. Com. No. 129). The one of us has contributed his share. Every word communication was received and placed on file; and in it, every section and article, has been examined the President stated that he would take pleasure in and debated, in our several standing committees, replying to this very splendid message from Secre in Committee of the Whole, and in the Convention. tary Chapman. Debate has been unrestricted; every contention Delegate Heen offered a resolution authorizing has been fully expressed; every alternative tho the President of the Convention to appoint a commit roughly explored. tee of such number as he may determine, with autho In its final draft, this Constitution, in substance rity to confer with the Congress, or any appropriate and in form, expresses the will of the majority of committee thereof, with regard to the provisions of the Convention. This is the essence of democracy; clause “seventh” of Section 2, H. R. 49, and any the exemplification of the democratic processes other provisions thereof (see Sec. B, Res. No. 55). that began with our selection for this task by the Upon motion by Delegate Heen, seconded by Delegate people, and was carried out in the organization Tavares, and unanimously carried, the resolution was and procedure of the Convention, to today’s formal adopted. approval of the completed document. At this time, President King presented to the Con I, therefore, feel that everyone of us can with vention Honorable Joseph R. Farrington, Delegate to a clear conscience sign this Constitution, and go Congress from Hawaii, who had flown from Washing from this final Convention session, in historic ton to be present at today’s ceremonies. Lovely lolani Palace, to our respective island homes and flower leis were placed about his shoulders in tradi districts, to urge the people of Hawaii to ratify and tional Hawaiian custom. confirm our work, and accept this Constitution for Mr. Farrington thereupon addressed the Conven the State of Hawaii. tion as follows: Despite differences of opinion, we have main tained a unity of purpose and adhered to the objec To you of this convention who have completed tive of providing Hawaii with the organic law the historic task of drafting a Constitution for the essential for a dynamic future in the Union. We State of Hawaii I extend my warmest congratula have been joined together in a great endeavor. We tions. You have earned the lasting gratitude of all are fortunate in having had the privilege of being of us of Hawaii and of the friends of free govern a part of this historic process. We may well look ment everywhere. You have won a place in the back upon our service in this Convention as one history of these islands, this vitally important of the outstanding achievements of our lives. segment of our common country for whose future May I think you all for the consideration ex and welfare we share the same concern as the tended me as President of this Convention. In people of the 48 States. the problems and difficulties that arose during We hope it will not be long now before we are the course of our long and arduous labors, I have one of the United States of America. The document been sustained and encouraged by your coopera you will sign today most certainly will hasten the tion. day when we are admitted to the Union of the states. My warmest personal regards to you all. It is the complete and final demonstration that we Mahalo me ke Aloha Nui ba Ia oukou apau. are prepared in every respect to assume the res ponsibility of a state. A message, in the form of a radiogram, from The election by which you were chosen was not Governor Ingram M. Stainback, who is presently in held under the authority of a law of Congress. It Washington, D.C., and therfore unable to be present was held under the authority of a law of our own today congratulating the Convention on its work well legislature and at the expense of our own people. done, was read by the Clerk (see Sec. B, Gov.’s And so were your meetings and every step that has Message No. 6). The message was received and brought into being the Constitution for the State placed on file. of Hawaii that you are to sign today. The entire 138 CONVENTION JOURNAL proceedings that brought this document into being believe, therefore, that the best way to win Alaska are purely and entirely the work of our own people. statehood is to require its consideration first. There is ample precedent for this. But this is This procedure accomplished this result in the not the road that has usually been followed in House and is therefore being used in the Senate. bringing about the admission of a state to the Union. Favorable action at this time on statehood for The entire procedure, therefore, has become an Hawaii, therefore, may very well turn on the re unusual demonstration not only of the initiative sult of action on statehood for Alaska. Close to and great creative ability of our people in the two-thirds of the members of the Senate have field of democratic government, but the determi already expressed in one way or another their nation of our people, the overwhelming majority belief in statehood for Hawaii. But there is a of our people, to win statehood and win it now. great question as to whether those who feel as I am sure that it will be approved by our people strongly or more strongly about statehood for by a vote that will be practically unanimous. It Alaska will continue to support statehood for most certainly should be. Hawaii in the event statehood for Alaska fails. The action you are taking today in signing the It will be apparent from this that having com Constitution is particularly timely. The bill to pleted the task of drafting a State Constitution admit Hawaii to the Union as a state—H. R. 49— much remains to be done in order that it be effec has passed the national House of Representatives tive. The legislative battle ahead of us in Washing and been favorably reported by the Senate Com ton may be the last but will be one of the most mittee on Interior and Insular Affairs. As re difficult and one of the most important in our ported by this committee, it recognizes the work long fight for statehood. If this can be won, then of this convention, provides the procedure for the rest of the steps necessary can be readily approval of the Constitution by federal authorities taken. —the steps necessary for the admission of Hawaii The fact that this constitution has been drawn, to the Union as a state and the election of state the methods by which this has been done and the officers. The bill is now on the calendar of the final result certainly should prove of telling im Senate. portance in winning this fight. I am sure that The leader ship of the Senate has announced every senator who takes the time to examine this that as soon as consideration of the Omnibus record will have difficulty in finding any good Appropriations bill, which provides funds for the reason for voting against us. operation of the federal government for the fiscal It is unthinkable that while American lives and year 1951, is completed, the calendar will be American fortunes are being spent to protect free called. On the calendar appears a list of all the government in the Far East and other parts of the legislation favorably reported to the senate. The world, that the United States. government should bills providing statehood for Hawaii and for Alaska deny the full privileges of free government to are on this calendar. its own people in Hawaii. The customary procedure in the senate is for The position of Hawaii and its people in the the leadership, representing as it does the majo world today is an extremely significant one. We rity, to decide which of the bills on the calendar are the Pacific frontier of our country. For half will be called up for consideration and in what a century, if not more, we have been the proving order. The present plan of the leadership is to ground of great experiment in democracy. The call up some minor legislation that can be disposed success with which our people have mastered the of promptly, then call up, first, the bill providing principles of democratic government could not be statehood for Alaska, then the bill providing state more completely or dramatically demonstrated hood for Hawaii. than in the work you have done in drafting this Opponents of statehood have announced that they Constitution. It stands today as a great tribute will oppose the attempts of the leadership to bring to Hawaii’s people who chose you for this respon up the statehood bills by moving that the senate sibility and to the great ability and patriotism with proceed instead to the consideration of the Mundt which you have discharged this responsibility. Ferguson Anti-Communism bill. This is a mea It stands, too, as a great tribute to the Amer i sure about which there is much controversy and can system of free government. likely to be extended debate. I am sure that I express the sentiments of all If this fails, then the leadership plans to call of our people when I say that we are not only up the bill providing statehood for Alaska. Several grateful to you for a task well done, but proud of reasons have been given for calling up Alaska you fellow American citizens of Hawaii nei. first. The principal one is that the majority desire statehood for bothHawaii and Alaska. It is recog The President thanked Mr. Farrington for his nized generally that the case for Alaska is easily fine message; and he was thereupon seated on the dab the weakest of the two. Those who are for both at the left of the President. SEVENTY-NINTH DAY • Saturday, July 22, 1950 139 Delegate Wist, for the Committee on Style, pre Secretary Porteus then made reference to the six sented a report submitting a complete Constitution teen articles composing the Constitution, beginning of the State of Hawaii, as passed by the delegates, in with the Bill of Rights and ending with the Schedule; cluding all articles adopted on third reading by the and thereafter read the paragraph covering the Convention, recommending certain changes in “Effective Date,” as follows.: arrangement, phraseology, punctuation, etc., and This Constitution shall take effect and be in further recommending that as submitted, the Consti full force immediately upon the admission of tution be adopted and approved for submission to Hawaii into the Union as a State. the people of Hawaii (see Sec. B, Standing Corn. Rpt. No. 137). Upon motion by Delegate Wist, seconded The Secretary concluded by the reading of the by Delegate Noda, and unanimously carried, the re attesting clause as follows: port of the committee was accepted. Done in Convention, at lolani Palace, Honolulu, Secretary Porteus stated that after consultation Hawaii, on the twenty-second day of July, in the with the Chairman of the Committee on Rules and year one thousand nine hundred fifty, and of the Order of Business, with the President, and with Independence of the United States of America the other delegates, it had been felt desirable that the one hundred and seventy-fifth. rules of the Convention be suspended before a motion was made to adopt the Constitution in its final form The President stated that after the motion was and before a roll call thereon. Secretary Porteus put to adopt the Constitution, and the roll was called thereupon moved that, for the purpose of final adop thereon, and the results announced, the delegates tion of the Constitution of the State of Hawaii, the would sign the original Constitution, beginning with rules of the Convention be suspended. Seconded by the President, followed by the four Vice-Presidents Delegate Woolaway, and carried, unanimously. and the Secretary, after which the remaining delegates Delegate Wist then moved that the Constitution would sign in alphabetical order as the Clerk called of the State of Hawaii be adopted for submission to their names. the people of Hawaii in its final form. Seconded by The President thereupon put the motion to adopt Delegates Gilliland and Noda. the Constitution for submission to the people of President King stated that in discussing the mat Hawaii, and to pass it on final reading, which was ter of the procedure to be followed by the Convention carried on the following showing of ayes and noes: in adopting the Constitution with some of the officers Ayes, 60. Noes, 1 (Phillips). Excused and not voting, of the Convention and the committee chairmen, it was 1 (Loper). Absent and not voting, 1 (Ashford). agreed that the Constitution would be read by title, The President announced that the Constitution had followed by the reading of the preamble and the adop been adopted on final reading on a vote of 60 ayes, tion of the Constitution of the United States, and the 1 no, 1 excused and 1 absent, and would be submitted final paragraph and attesting clause, which would to the people of Hawaii for ratification. satisfy the requirements for the reading thereof, and At this time, Delegate Apoliona moved that the Con since the rules of the Convention had been suspended, vention stand in recess, subject to the call of the there would be no breach of the rules in so doing. Chair. Seconded by Delegate Kauhane. The motion Secretary Porteus presented the Constitution of was put by the Chair, and lost. the State of Hawaii to the assembly in its printed form At this juncture, Vice-President Charles A. Rice and thereupon read the title and the Preamble, and assumed the Chair in order that President King the adoption of the Constitution of the United States might affix his signature to the original Constitution as follows: which was spread on the desk of the Secretary below and in front of the dais on the floor of the Convention. THE CONSTITUTION OF THE STATE OF HAWAII Secretary Porteus supervised the signing by the delegates. Preamble President King was the first to sign the Constitu tion, affixing his signature thereto at 11:11 o’clock We, the people of the State of Hawaii, grateful a .m., for Divine Guidance, and mindful of our Hawaiian Vice-President Sakakihara from the Island of heritage, reaffirm our belief in a government of Hawaii signed next, followed by Vice-President Wool- the people, by the people and for the people, and away from the Island of Maui, after which came Vice- with an understanding heart toward all the peoples President Fong from the Island of Oahu to affix his of the earth, do hereby ordain and establish this signatur e. constitution for the State of Hawaii. At this time, President King resumed the Chair, and Vice-President Charles A. Rice from the Island Federal Constitution Adopted of Kauai, left the Chair and stepped to the desk to The Constitution of the United States of Amer i affix his signature. Following him was Secretary ca is adopted on behalf of the people of Hawaii. Porteus, who then signed. As their names were 140 CONVENTION JOURNAL called, alphabetically, by the Clerk, Delegates Akau, sident Fong, Vice-President Charles A. Rice, Secre Anthony and Apoliona stepped to the desk and affixed tary Porteus, Delegates Akau, Anthony and Apoliona. their respective signatures. Delegate Porteus stated that there being no objec During the signing by the delegates, appropriate tion by the delegates in question, and with their as Hawaiian melodies, typical of the islands from which sent, it could be considered that these delegates had the respective delegates came, were sung by the hereby ratified and confirmed their signatures; and group of musicians. the Chair so ruled. At this time, the signing was interrupted by Dele The signing ceremonies were continued at this gate Fong, who was recognized by the President, time, beginning with Delegate Arashiro and conti and who moved that the Convention reconsider its nuing through the balance of the 52 delegates present action in adopting the Constitution and passing it on Delegate Loper being excused, and Delegate Ashford final reading, for the purpose of allowing Delegate being absent. Phillips to change his vote thereon. Seconded by The following Vice-Presidents assumed the Chair Delegate Sakakihara, and carried, by a rising affir at intervals during the period of the signing: Vice- mative vote of 42 delegates. President Fong, Vice-President Woolaway and Vtce Final reading, upon reconsideration, of the Con President Sakakihara. stitution of the State of Hawaii: Delegate Fong then The President resumed the Chair at 12:16 o’clock moved that the Convention adopt the Constitution and p.m., at which time the last signature was affixed, pass the same on final reading, for submission to the being that of Delegate Yamauchi. people of Hawaii, The motion was seconded by Dele Secretary Porteus thereupon announced that all gate Sakakihara. delegates present had executed the Constitution of Delegate Phillips moved that the motion to adopt the State of Hawaii on the original sheet which he the Constitution be amended to provide that the Con exhibited to the assembly; and stated that they had stitution be adopted unanimously. The Chair ruled done so with pens provided for that purpose and with the amendment out of order, stating that the vote special ink to insure as much permanency as possiblE would show this. Delegate Crossley moved that, inasmuch as the The motion to adopt the Constitution and pass the Constitution had been adopted and signed, the acting same on final reading was put by the Chair and car Governor be informed of its adoption and signing ried by the unanimous vote of all delegates present, and that he be invited to the Convention Hall to re on the following showing of ayes and noes: Ayes,61. ceive the document, in accordance with the provisions Noes, None. Excused and not voting, 1 (Loper). of Act 334 of the Session Laws of 1949. Seconded by Absent and not voting, 1 (Ashford). The Chair there Delegate Dowson. upon announced that the Constitution of the State of Delegate Porteus stated that one delegate was Hawaii had been adopted and passed on final reading absent from today’s session and one had been ex by the unanimous vote of all delegates present. cused, and that it was his understanding that it was Delegate Lee stated that to obviate any misunder - the desire of the individual delegates to give Delegate standing on the part of the public, the record should Loper an opportunity to sign the Constitution upon show that the change of vote on the part of Delegate his return from the mainland, and that he assumed~ Phillips was made of his own free will and according that the notification to the acting Governor would not to his own conscience and believing it to be his own preclude Delegate Loper from signing this document best judgment, after review. upon his return. The Chair stated that the record would show that Delegate Crossley thereupon amended his motion Delegate Phillips had asked that the Constitution be to read as follows: adopted unanimously, which was an expression of his sentiments. Delegate Phillips stated that he would That the acting Governor be informed of the like to have the record contain the words of Delegate adoption and final reading and signing of the Con Lee, and the Chair replied that it would so show. stitution, and that he be invited to the Convention Delegate Fukushima suggested that the record Hall to receive the document, in accordance with indicate that the signatures already affixed to the the provisions of Act 334 of the Session Laws of Constitution were affixed subsequent to the unanimous 1949; and that any member not having signed the adoption of this Constitution. Constitution today, by reason of absence from President King stated that the record would show this session, be allowed to and including October that those who had already signed the Constitution 1st, 1950 to affix his signature to the Constitution. signed as approving it prior to reconsideration and would ratify their signatures at this time. The amended motion was seconded by Delegate Secretary Porteus thereupon read the names of Dowson. those who had signed the Constitution prior to recon The Chair stated that it was his understanding sideration, as follows: President King, Vice-Presi that Delegate Loper did wish to sign the Constitution dent Sakakihara, Vice-President Woolaway, Vice-Pre upon his return to the Territory. The Chair there- SEVENTY-NINTH DAY • Saturday, July 22, 1950 141 upon put the amended motion, which was carried October 1, 1950; and he then asked the acting Gover unanimously. nor to return the original document to the Conven At this time, the President appointed Delegates tion for delivery to the Archives for sale keeping; Crossley, Akau, Corbet, Hayes and Kellerman as a and further informed acting Governor Long that a committee of five to notify the acting Governor that replica of the original document, bearing the signa the Constitution of the State of Hawaii had been adop tures of the delegates as affixed today, and properly ted and signed, and to escort him to the Convention certified by the President and Secretary of the Con Hall to receive the document. vention, would be delivered to him as soon as it could The President announced that the presentation of be processed. the Constitution today to the acting Governor would The President then called upon the acting Governor be a pro forma one; and that the original document, to address the assembly. Acting Governor Long there signed by the delegates, would be delivered to Miss upon addressed the Convention as follows: Maude Jones, Archivist, for sale keeping in the In behalf of the people of the Territory, it is Archives of the Territory; and that Miss Jones, ac my privilege to receive this Constitution for the companied by Mr. R. G. Dodge, of the Legislative State of Hawaii. I wish to assure you it is an Reference Bureau, would take it to the Advertiser unusual privilege, because in very truth, this is immediately upon adjournment today where the sig a significant occasion. natur es would be photographed for reproduction on The document which you have just presented replicas of the original Constitution, and that such belongs neither to you nor to me. To you has been a replica, properly certified by the President and given the privilege of creating it; to me is given Secretary of the Convention, would be delivered to the opportunity of accepting it in behalf of the the acting Governor; and that replicas would be pre people of Hawaii. To the voters of Hawaii will be sented to each delegate. given the prerogative of adopting the principles, Secretary Porteus stated that it was his under the concepts, the ideals, and the framework for standing that the motion made and carried, which government which makes this document a living, permitted the original Constitution to be signed, dynamic frame of reference for generations to between now and October 1st, by either, or both, of come. Hawaii’s State Constitution belongs to the delegates not present at today’s session, carried posterity. with it the authorization to the Secretary to withdraw this original document from the Archives in order Your accomplishments to date are the first step in a program that points to an event of great to permit such signature, or signatures, to be affixed thereto. The President stated that this withdrawal importance to the nation—the actual granting of statehood to this Territory. When this is done, it would be authorized under that motion. At this time, the committee of five appointed by the will show to the people of the world that the United President to wait upon the acting Governor left the States not only proclaims its belief in democracy, Convention hail to carry out its mission. but practices democracy. The President announced that the Advertiser We who know Hawaii know, too, how American photographer wished to photograph all of the dele we are; how able we are in our capacity to live gates together on the front steps of the Palace imme up to the precepts of democracy. Ours is, in all diately after adjournment. truth, an American tradition brought to our shores The President here announced the personnel of a century and more ago, from the very cradle of the special committee to be appointed pursuant to American democracy itself. But ours, too, is a Resolution No. 55, adopted earlier in the day, as Hawaiian tradition—a tradition of friendliness, of follows: Delegates Anthony, Doi, Heen, Kauhane, tolerance, and of good will toward all men—a Roberts, Tavares and the President. tradition embodied in the word “Aloha.” There Delegate Porteus moved that the President be remains but the formal action of the American named chairman of the committee. Seconded by Dele Congress to enable us to demonstrate what our gate Bryan, and carried unanimously. American heritage and our Hawaiian heritage can At 12:30 o’clock p.m., the Sergeant-at-Arms mean to us, to our country, and to the world at announced the arrival of acting Governor Long, who large. thereupon entered the Hall, escorted by the commit Personally, I have but one regret with reference tee of five delegates, and was greeted by the Presi to this constitution. I regret that I have had no dent as he mounted the dais. formal share in the deliberations, the debate, and The President thereupon presented to acting Gov the final decisions which brought it into being. ernor Long the Constitution of the State of Hawaii, While I cannot affix my signature to this historic informing him that it had been adopted and signed by document, I take pride nevertheless in having the 61 delegates present, and that the two delegates played a role in the drama of which it is the climax. who were not present today would be permitted to I have seen it emerge through the successive sign the original document up to and including stages of the enabling act of the Legislature, the 142 CONVENTION JOURNAL elections, the organization of the Convention, the before you as you work on a constitution for the individual proposals, the committee proposals, the State of Hawaii.” free and democratic debates on the floor of the It is my measured judgment that you have had Convention, the painstaking scrutiny of the com these guiding principles in mind, and that your mittee on style. I have seen emerge from more work is good. than four million spoken words on the floor of While there have been sharp differences of the Convention, and perhaps as many again in the opinion in your deliberations, this constitution committee meetings, a document of 14,000 words— represents a rather high degree of unanimity of a document pleasing to the eye, but one that is thought, and you have wisely provided procedures complete in its statement of principles, succinct for amendments that may seem desirable to meet ly expressed. the changes that are inevitable in our dynamic On March 22nd, you were selected by the people society. of this Territory to perform a task of vital impor One of the really significant parts of this con tance to the future of Hawaii. That task was the stitution is Section 2, Article XV, which provides writing of the constitution in keeping with the best automatically that the people shall have an oppor - traditions of American life, a constitution that will tunity at least once every ten years to propose enable the people to preserve all that is good in amendments. This provision represents wisaom our tradition, and at the same time to provide for that is unique in the state constitutions of America future social, political and economic growth. Furthermore, it is significant that this section As of this date, you have completed this assign had the approval of almost every member of the ment. Convention. Only experience under this document can indi In connection with the lack of complete agree cate the thoroughness of your deliberations and ment, it is well to keep in mind that even the the soundness of your judgment. There are strong Federal Constitution was not approved until there reasons for believing that the verdict of posterity was general agreement that a number of basic will be favorable. amendments, the Bill of Rights, would be submit I wish to evaluate your accomplishment in the ted and supported for adoption. Hawaii is assured light of a statement it was my privilege to make of this privilege, and, I am confident, will show the at the opening of your Convention. At that time, same wisdom in amending her constitution that I said: the nation has shown in amending the Federal “The Constitution which you will write should Constitution. be an expression of faith—faith in the future, faith It is, of course, difficult to view this constitu in the capacity of the people of tomorrow to cope tion in the light of historical perspective. It is with their own problems. possible, however, to evaluate it in terms of similar documents. And this I have tried to do. There should be no effort to fix the affairs of My observations lead me to believe: the government. Any effort to make the govern First, that Hawaii’s State Constitution will be ment static or to set up legislative blocks against noted for its conciseness, force of expression, change, would be the equivalent of announcing that and draftsmanship. In these respects, it really you only have wisdom and that future representa excells. tives of the people will not have the ability to meet Second, that it is a people’s constitution, rather the problems of their day. than a lawyers’ constitution. It is singularly free Any such attempt to legislate for the future from statutory provisions; its various articles would be an admission of fear of the future. reflect those matters which are of concern to all Your challenge, then, is not to solve the prob the people; it is a document as free as one can be, lems of tomorrow, but rather to provide a guide of obstruse technicalities. under which those problems may be worked out, a Third, it is a modern document—modern, with guide that will at the same time stimulate social out departure from traditions sacred in American growth and change in accordance with our demo thought and practice. I note, by way of example: cratic tradition. A Bill of Rights, guaranteeing the individual It is this flexibility, this invitation to growth, freedom so much a part of the American heritage, that gives distinction to our Federal Constitution but a Bill of Rights that gives recognition to the —the greatest document ever struck off by the dynamics of change in a modern world; a frame minds of men. Its greatness was not that it con work for legislation in the traditional bicameral tained all truth, but rather, it provided for growth pattern, but brought close to the will of the people; in meeting changing conditions, for such great provisions for a strong and efficient executive, amendments as the Bill of Rights, and for other but with reasonable limitations to guard against amendments that have served the best interests abuse of power; a judiciary removed from partisan of the nation. You will wish to keep these qualities politics; the opportunity for the development of SEVENTY-NINTH DAY • Saturday, July 22, 1950 143 local government in accord with the will of the who throughout the years have dreamed of state people; provisions for the conservation of natural hood, of those who have so ably represented the resources, and for improved and more universal people of these islands in the preparation of this land utilization; the expression of basic principles document, of the members of the Congress who relating to the health and general welfare of the have so valiantly fought for our cause, of the people; a framework for the development of public countless friends on the mainland, in and out of and higher education, confined to fundamental law official life, who have stood by our side. We, the and not restrictive in character. people of Hawaii, can now do no less than approve These features indicate that, in the main, the a work so well wrought. constitution you have just signed is fairly conser Upon the conclusion of the delivery of the message, vative. I say fairly conservative, because it does acting Governor Long was thanked by the President contain provisions that are in keeping with liberal for his very splendid address. trends. You have not hesitated to recognize the At this time, the President announced the appoint principle of change in government. ment of Delegate Gilliland as an additional member For instance, you have indicated your belief in of the Committee on Submission and Information, the youth of Hawaii, by lowering the voting age to authorized by the adoption of Standing Committee 20 years. Only one State, Georgia, has departed Report No. 131, adopted by the Convention previously. from the traditional 21-year requirement. Delegate Crossley, for the Committee on Submis You have assured labor the right to organize sion and Information, presented a report on Miscel for the purpose of collective bargaining, a provi laneous Communication No. 117 from the Honolulu sion found only in three other State constitutions, Typographical Union No. 37 (A. F. of L.), transmitting New Jersey, New York and Missouri. a resolution adopted by that union requesting the Con You have made certain the right of the people vention to have the union label affixed on the Consti to amend their constitution, either through legis tution when awarding the contract for the printing lative action submitted to the people for ratifica ther eof, recommending that there be no label on the tion, or through the provision that every ten years original or facsimiles of the Constitution, but that they shall have the right to request amendments. there was no objection to the use of the Typographi You have provided for more effective adminis cal Union label on printed copies thereof (see Sec. B; tration of the government by holding within twenty, Standing Corn. Rpt. No. 139). Upon motion by Dele the number of departments that may be established, gate Crossley, seconded by Delegate Arthur K. Trask, thus assuring greater coordination of all functions the report was unanimously adopted. of government. At this juncture, Delegate Crossley, on behalf of You have laid the basis for improving legislation, all of the delegates, presented to President King a by placing limitations on the pocket veto and by beautiful fountain pen set, as a token of their aloha doing away with the practice of ice-boxing bills and respect. In legislative committees. In a few well-chosen words, the President thanked You have provided for the automatic reappor the members for this tribute of aloha. tionment of representation every ten years, on The President then expressed, on behalf of the the basis of registered voters in the various dis delegates, warm thanks to the musicians so ably led tricts. by Mrs. Bina Mossman, who had furnished such beautiful Hawaiian music throughout today’s session, Hawaii’s State Constitution may not be the best which had contributed so much to the typically of such documents; but I know of none better. It Hawaiian atmosphere which had pervaded the cere is an indication of a belief in the right of the peo monies. ple to participate in government; it is an expres The journal of the seventy-ninth day was approved. sion of faith in their capacity to deal intelligently Delegate Crossley then moved that the journal of the with problems and opportunities as they arise. seventy-nine Convention days be approved. Seconded And .this is as it should be. The purpose of a con by Delegate Hayes and carried. stitution is not to limit progress, but to serve as At 12:50 o’clock p.m., upon motion by Delegate a basis for progress. Woolaway, seconded by Delegate Silva, and carried, Mr. President: In behalf of the people of Hawaii, the Convention adjourned, subject to the call of the I accept this constitution in humble tribute to those Chair. Section B. JOURNAL DOCUMENTS 1. Resolutions RESOLUTION NO. 1 A. White, Precincts 3, 4, 9, 10, 30 and 33; Alexander H. F. Castro, Precincts 1, 2, 29 and 37; Elizabeth R. Kellerman, BE IT RESOLVED that the persons named as delegates Precincts 1, 2, 29 and 37. in the attached certificates of the Secretary of Hawaii, each Fifth Representative District: Samuel Wilder King, at from the representative district, precinct or combination large; Chuck Mau, at large; Frederick Ohrt, at large; of precincts therein set forth, be declared duly elected and, Herbert M. Richards, at large; Clarence Y. Shimamura, upon taking the oath required by chapter 13 of the Revised at large; Arthur K. Trask, at large; Edward B. Holroyde, Laws of Hawaii 1945, as amended, legally qualified to take Precincts 28 and 38, Fourth District, and Precincts 1, seats as delegates to the constitutional convention assembled 2, 3 and 4, Fifth District; James K. Trask, Precincts 28 at Honolulu on the fourth day of April 1950 to form a consti and 38, Fourth District, and Precincts 1, 2, 3 and 4, Fifth tution and state government and otherwise prepare for the District; Yasutaka Fukushima, Precincts 5, 7, 30 and 31; admission of the proposed State of Hawaii. Masao Kanemaru, Precincts 5, 7,30 and 31; Edward C. CERTIFICATE OF ELECTION OF DELECA TES Bryan, Precincts 6, 8, 9, 10, 29 and 32; George Dowson, Precincts 6, 8, 9, 10, 29 and 32; Frank Y. Kam, Precincts I, Oren E. Long, Secretary of the Territory of Hawaii, ii, 12, 13, 14, 15, 16, 26 and 33; Charles Ernest Kauhane, do hereby certify that the following were duly elected Precincts 11, 12, 13, 14, 15, 16, 26 and 33; Trude M. Akau, delegates to the Hawaii State Constitutional Convention to Precincts 18, 19, 20, 21 and 27; Hiram L. Fong, Precincts be held in Honolulu, Territory of Hawaii, beginning April i8, 19, 20, 21 and 27; James F. Gilliland, Precincts 17, 22, 4, 1950, each from the representative district, precinct, 23, 24, 25 and 28; Steere G. Noda, Precincts 17, 22, 23, 24, or combination of precincts hereinafter set forth. 25 and 28. First Representative District: Nelson Kiyoshi Doi, Sixth Representative District: I. H. Mizuha, at large; at large; Tom T. Okino, at large; Richard 3. Lyman, Jr., Charles A. Rice, at large; H. S. Kawakami, Precincts 1, 2, Precincts 1, 2, 3, 4, 5, 6, 7 and 36; Takao Yamauchi, 3 and 4; FrankG. Silva, Precincts 5 and 6; Randolph Precincts 8, 9, 10, 11 and 35; lames Kiyoji Yamamoto, Crossley, Precincts 8, 9, 10 and ii; Toshio Serizawa, Precincts 12, 13, 14 and 33; Thomas T. Sakakthara, Precinct 7. Precincts 15, 16, 17, 30 and 34; Frank C. Luiz, Precincts IN WITNESS WhEREOF I have hereunto set my hand 18, 19, 20, 21, 22 and 31; Teruo Ihara, Precincts 23, 24, 25, and caused the Seal of the Territory to be affixed 26, 27, 28, 29 and 32. this third day of April, A. D., 1950. Second Representative District: Earl A. Nielsen, at large; Charles H. Silva, at large; Sakuichi Sakai, Precincts OREN E. LONG 1, 2, 3, 4, 5, 6, 7, 8 and 16; Peter Kawahara, Precincts 9, Secretary of Hawaii 10, 11, 12, 13, 14 and 15. Third Representative District: I. Pia Cockett, at large; Harold W. Rice, at large; Cable A. Wirtz, at large; Harold RESOLUTION NO.2 T. Kido, Precincts 1, 2, 3, 4 and 5; Kazuo Kage, Precincts 6, 7, 8, 10 and 11; W. 0. Smith, Precincts 9, 12, 13 and 28; BE IT RESOLVED that temporary rules of the convention Richard St. Sure, Precincts 14, 15, 16 and 17; Arthur Davies be adopted in the form attached hereto. Woolaway, Precincts 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27; TEMPORARY RULES Marguerite K. Ashford, Precincts 29, 30, 31, 32, 33 and 34. OF THE CONSTITUTIONAL CONVENTION Fourth Representative District: 3. Garner Anthony, at TERRITORY OF HAWAII large; William H. Heen, at large; Herbert K. H. Lee, at large; W. Harold Loper, at large; C. Nils Tavares, at large; Rule 1—Officers. The officers of The Convention shall Benjamin 0. Wist, at large; Ann H. Corbett, Precincts 19, be a President, Four Vice-Presidents (one from each 20, 21, 22, 23, 25, 26 and 27; John K. Lai, Precincts 19, 20, Senatorial District) and a Secretary selected from the 21, 22, 23, 25, 26 and 27; Flora Kaai Hayes, Precincts 11, delegates by majority vote on bailot or resolution. 15, 16, 17, 18, 24 and 32; Richard M. Kageyama, Precincts Rule 2—Powers & Duties of Officers. The officers ii, 15, 16, 17, 18, 24 and 32; Hebden Porteus, Precincts 6, shall have the powers and perform the duties usual to their 7, 12, 13, 14 and 36; Harold S. Roberts, Precincts 6, 7, 12, offices. 13, 14 and 36; Samuel K. Apoliona, Jr., Precincts 5, 8, 31, Rule 3—Employees. A Chief Clerk, Assistant Clerk, 34 and 35; Katsumi Kometani, Precincts 5, 8, 31, 34 and Chaplain, and two Sergeants-at-arms, shall be selected by 35; Nils P. Larsen, Precincts 3, 4, 9, 10, 30 and 33; Henry majority vote of the delegates. 145 146 JOURNAL DOCUMENTS Rule 4—Quorum. A quorum shall consist of 32 members assembled at Honolulu on April 4,1950, do hereby express of which a majority vote shall suffice save for adoption of and convey their sincere gratitude and deep appreciation a resolution or election of officers which shall require the to the Honorable Harry S. Truman, President of the United vote of a majority of all members. States of America, for his consistent support and champion Less than a quorum may require the attendance of ship of the great cause of Statehood for Hawaii; and absent members and may adjourn from day to day. Rule 5—Method of Voting. Voting shall be by raising BE IT FURTHER RESOLVED, that certified copies of of hands, by rising, by unanimous consent or by roll call this Resolution be transmitted forthwith to the Honorable or in case of election of officers or employees, by bailot. Harry S. Truman, President of the United States of America, On request of ten delegates roll call shall be held. and to the Senate and House of Representatives of the Con Rule 6—Debate. No delegate shall speak more than twice gress of the United States of America. on the same question or more than 10 minutes the first time or more than five minutes the second time. Rule 7—Assignment of Seats. Each delegate shall be RESOLUTION NO. 5 assigned a seat by the President. Rule 8—Committee on Permanent Rules. A temporary WHEREAS, the Honorable Oren E. Long, Secretary of Committee on Permanent Rules of seventeen members in the Territory of Hawaii, as required by the law establish cluding the President as Chairman to prepare and recom ing the Constitutional Convention of Hawaii, did supervise mend permanentrules to the Convention shall be appointed and conduct the primary and final elections for delegates by the President on the day of his election. to the C onvention, did make the plans and arrangements Rule 9—Additional Rules. The rules of parliamentary for the holding of the Constitutional Convention, and did practice comprised in Cushing’s Manual of Parliamentary call together the delegates forming the Convention and did Practice shall govern where not inconsistent with the fore open and put into operation thin historic convocation, and going rales. WHEREAS, the Honorable Oren E. Long did ably, diligently, intelligently and fairly handle and decide all matters and problems connected with the election of dele RESOLUTION NO.3 gates and placing into operation the Constitutional Conven tion of Hawaii, WHEREAS, the people of Hawaii are seeking adminsion of the State of Hawaii into the Union; and NOW, THEREFORE, BE IT RESOLVED by the Constitu tional Convention of Hawaii, duly assembled at Honolulu on WHEREAS, pursuant to Act 334 of the Session Laws of this 4th day of April, 1950: Hawaii of 1949, the people of Hawaii have duly elected their That the Honorable Oren E. Long be and he is hereby delegates to a convention for the purpose of forming a con commended for his splendid and successful éffoi~ts in re stitution and state government and otherwise preparing for gard to all of the foregoing, and the admission of said proposed state; and BE IT FURTHER RESOLVED that the sincere apprecia WHEREAS, said convention, having assembled at tion and gratitude of the people of the Territory and future Honolulu on April 4, 1950, has duly organized and is ready State of Hawaii be hereby extended to the Honorable Oren to proceed; now, therefore, be it E. Long, and RESOLVED by the Constitutional Convention so assembled BE IT FURTHER RESOLVED that a certified copy of and organized that said Cotivention on behalf of the people of this Resolution be transmitted forthwith to the Honorable said proposed State of Hawaii does adopt the Constitution of Oren E. Long, Secretary of the Territory of Hawaii. the United States, and that said Convention does hereby re affirm its adherence to the Constitution of the United States. RESOLUTION NO. 6 RESOLUTION NO. 4 BE IT RESOLVED by the Hawaii State Constitutional Convention here assembled this 5th day of April, 1950, WHEREAS, the Honorable Harry S. Truman, President that we do by this means respectfully request the respective of the United States of America, has consistently supported Governors of the 48 states and of the territories of the and championed the great cause of Statehood for Hawaii; United States of America, to furnish this Constitutional Con and vention with a flag of their respective states and territories WHEREAS, the Honorable Harry S. Truman has firmly to be hung in the Convention Hall in Honolulu, Territory of and convincingly demonstrated his support and champion Hawaii, during the period in which this Convention remains ship of Statehood for Hawaii by his messages to the Congress in session for the purpose of drafting a Constitution for the of the United States of America on the State of the Union proposed State of Hawaii. and by other official statements and documents issued by and prepared at the White House; and RESOLUTION NO. 7 WHEREAS, the people of the Territory of Hawaii and future State of Hawaii are deeply grateful for the splendid BE IT RESOLVED by the Hawaii State Constitutional Con help and strong support of the President of the United vention that an official Register be provided by the Conven States of America; tion for the purpose of preserving the signatures of the 63 Delegates to the Convention and such guests of the Conven NOW, THEREFORE, BE IT RESOLVED by the Con tion as may care to sign the same; and stitutional Convention of Hawaih That the people of the Territory and the future State of BE IT FURTHER RESOLVED, that the first signatures Hawaii by their Constitutional Convention delegates duly appearing therein be those of the duly elected Delegates to RESOLUTION NO. 15 147 the Convention, following which will appear the names of RESOLUTION NO.12 the honored guests who were seated on the platform in the Convention Hail in the National Guard Armory on the opening WHEREAS, questions concerning parliamentary procedure day of the Convention, April 4th; and be it further frequently arise during meetings of this Constitutional Con vention; and RESOLVED that the said official Register be placed in a place easy of access and to so remain open for signatures WHEREAS, the business of the Convention would be great of Visitors during the entire session of the Convention; and ly expedited and unnecessary delays avoided if each delegate be it further had available at all times a copy of the standard and general ly accepted rules of parliamentary procedure; and RESOLVED, that upon final adjournment of the said Con stitutional Convention the said official Register shall be WHEREAS, Cushing’s Manual of Parliamentary Practice filed with the Archives of Hawaii as a part of the records has been adépted by the Constitutional Convention as its of the Convention. official guide in parliamentary procedure; now therefore BE IT RESOLVED by the Constitutional Convention that RESOLUTION NO. 8 a copy of the latest edition of said Cushing’s Manual of Parliamentary Practice and also of Roberts’ Rules of Order WHEREAS, Mr. George H. Lehleilner has proved himself be purchased by this Convention and made available to each a friend of Hawaii in promoting nationwide interest in Ha delegate. waii’s bid for statehood; and WHEREAS, Mr. George H. Lehleitner’s ardent advocacy RESOLUTION NO. 13 of statehood, has been instrumental in presenting the facts on which Hawaii bases her claim to Statehood to members WHEREAS, the work of this Constitutional Convention of Congress and to the people of Louisiana; and may be expedited by having available to it facilities for WHEREAS, Mr. Lehieitner, presently visiting Hawaii obtaining information on the various subjects to be consider with a view towards making it his permanent home; ed by the Convention; and NOW, THEREFORE, BE IT RESOLVED by the Constitu WHEREAS, the Legislative Reference Bureau of the tional Convention of Hawaii of 1950, duly assembled at University of Hawaii is an agency established to provide in- Honolulu on this 6th day of April, 1950; formation and materials on governmental matters; now, That Mr. George H. Lehleitner be and he is hereby cor therefore, dially invited to attend the Hawaii Constitutional Convention BE IT RESOLVED, that the Legislative Reference Bureau at his convenience, as an honored guest; and be, and hereby is, requested to make available to the dele BE IT FURTHER RESOLVED that the sincere apprecia gates and committees of this Constitutional Convention its tion and gratitude of the people of the Territory and future research facilities and materials, to supply such information State of Hawaii be hereby extended to Mr. George H. on constitutional problems, and to render such other addi Lehleituer; and tional services as this Convention may from time to time require; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted forthwith to Mr. George H. BE IT FURTHER RESOLVED, that a copy of this resolu Lehleituer. tion be delivered to the Director of Legislative Reference Bureau. RESOLUTION NO.9 RESOLUTION NO.14 BE IT RESOLVED, by the Delegates to the Hawaii State Constitutional Convention here assembled this 10th day of WHEREAS, Tang Yau Fong, brother of Delegate Hiram April, 1950, that we do by this means extend our deep L. Fong, and a member of a prominent Island family, was sympathy to Delegate H. S. Kawakami and to his family, in taken from his loved ones by death on April 7, 1950, now, the great sorrow which has come to them in the loss of therefore, their beloved daughter, Eilen; and be it further BE IT RESOLVED by the Delegates to the Hawaii State RESOLVED, that a certified copy of this Resolution be Constitutional Convention of 1950,here assembled this 13th transmitted to the family of the late Ellen Kawakami. day of April, 1950, that they do by this means express their deep regret at the passing of this worthy citizen and devoted husband and father, and do extend their sympathy to this be RESOLUTION NO.10 reaved family; and RESOLVED, that the Secretary of the Convention shall BE IT FURTHER RESOLVED, that a certified copy of be a member ex-officio without vote of the several commit this Resolution be transmitted to the widow and children of tees to which he is not specifically appointed. the late Tang Yau Fong, who are left to mourn his loss, and also to our colleague, Delegate Hiram L. Fong. RESOLUTION NO. 11 RESOLUTION NO. 15 BE IT RESOLVED, that it is the consensusof this Con vention, without condoning any prior improper acts on his WHEREAS, 34 of the 48 states have located their capitols part, that the action of Richard M. Kageyama in cooperating in cities other than their largest city; and with the House UnAmerican Activities Committee in testify ing before the otherwise assisting it in the exposure of WHEREAS, the largest city of a state usually presents Communists and Communist activities in Hawaii has been of conditions of overcrowding and is readily available to pres distinct service to his country. sures from various groups and organizations; and 148 JOURNAL DOCUMENTS WHEREAS, conditions conducive to thoughtful and respon of Representatives of the Congress of the United States, the sible legislation are more likely to exist in an area of the Secretary of the Interior, and to the Delegate to the Con state with a smaller population density; now, therefore, gress from Hawaii. BE IT RESOLVED by the Constitutional Convention that the capitol of the future State of Hawaii be located on an RESOLUTION NO. 19 island within said State other than Oahu. BE IT RESOLVED by the Constitutional Convention of Hawaii that the Congress of the United States of America RESOLUTION NO. 16 be and it is hereby requested to enact H.R.49, first amend BE IT RESOLVED by the Hawaii State Constitutional ing it in the following particulars: Convention that a Special Committee of 11 members be ap I. Delete section 2, and renumber the following sections; pointed by the President to investigate the qualifications 2. Substitute for the first paragraph of section 3, the of Frank G. Silva to retain his seat as a Delegate to this following: “The C onvention which convened in Honolulu on Convention in view of his refusal to testify under oath be - the 4th day of April, 1950 to wrfte a constitution for the fore a legally constituted committee of the U. S. House of proposed State of Hawaii having declared on behalf of the Representatives. people of said proposed State that they adopt the Constitu tion of the Unfted States, said Convention shall be, and is hereby, authorized to form a Constitution and State govern RESOLUTION NO. 17 ment for said proposed State.” 3. Delete subsection “Sixth” of section 3 and redesignate WHEREAS, Act 334 Session Laws of Hawaii 1949, pro the foilowing subsection “Sixth”; viding for a constitutional convention for Hawaii, requires 4. Delete from subsection (d) of section 4 of the clause that the constitution drafted by the convention be reported “for the betterment of the conditions of native Hawaiians, to the territorial legislature for its consideration; and as defined in the Hawaiian Homes Commission Act, 1920, WHEREAS, submission of the constitution to the legisla as amended,”. ture has since been rendered unnecessary, and without pur 5. Delete from section 15 the clause “except as herein- pose would lengthen the period of attaining full statehood, before provided with respect to the Hawaiian Homes Com and would further place an unnecessary expense on the tax mission Act, 1920, as amended;”, substituting for the comma payers of Hawaii; now, therefore, immediately preceding said clause a semicolon; and BE IT RESOLVED by the Constitutional Convention of BE IT FURTHER RESOLVED that certified copies of this Hawaii of 1950, that Hawaii’s delegate to Congress be, and Resolution be sent to the President of the United States of hereby is, requested to introduce legislation in the United America, to the President of the Senate, to the Speaker of States Congress which would amend section 4 of Act 334 of the House of Representatives of the Congress, to the Secre the Session Laws of Hawaii of 1949, so as to eliminate the tary of the Interior and to the Delegate to the C ongress from provision of said Act requiring the reporting to the Legisla Hawaii. ture of the constitution to be drafted by this convention; and RESOLUTION NO. 20 BE IT FURTHER RESOLVED, that a certified copy of this resolution be delivered to the Delegate to Congress WHEREAS, the constitution now being drafted by this con from Hawaii. vention will affect the lives and futures of every person in the Terrftory; and RESOLUTION NO. 18 WHEREAS, although public hearings are to be scheduled WHEREAS, Act 334 Session Laws of Hawaii 1949, pro by the several committees to effect the widest possible par viding for a constitutional conv~ntion for Hawaii, requires ticipation by the people in its formulation, such meetings that the constitution drafted by the convention be reported will be easily accessible only to residents of Oahu; and to the territorial legislature for its consideration; and WHEREAS, the vast majority of residents of the outiying WHEREAS, submission of the constitution to the legisla counties and islands will be unable to join in this participa ture has since been rendered unnecessary, and without tion unless such hearings are scheduled in their own com purpose would lengthen the period of attaining full state munities; now, therefore hood, and would further place an unnecessary expense on BE IT RESOLVED by the Delegates to the Constitutional the taxpayers of Hawaii; and Convention of Hawaii here assembled, that the President WHEREAS, by resolution of this convention the Delegate and the several committee chairmen authorize committee to the Congress from Hawaii has been requested to introduce members to conduct public hearings on pertinent matters of a bill to the Congress to amend said Act 334 to eliminate local concern on the members’ home islands; and the requirement that the constitution be submitted to the BE IT FURTHER RESOLVED that the holding of such territorial legislature; now, therefore, public hearings be encouraged to the end that the widest BE IT RESOLVED by the Constitutional Convention of possible participation of the people may be achieved in the Hawaii of 1950,that the Congress of the United States be drafting of this constitution. and it is hereby respectfully requested to give expeditious consideration to and to pass said biil when introduced by RESOLUTION NO. 21 the Delegate from Hawaii; and BE IT FURTHER RESOLVED that certified copies of WHEREAS, H. R. 49 requires th~t the constitution drawn this resolution be forwarded to the President of the United for the proposed State of Hawaii “shall be republican in States, the President of the Senate and Speaker of the House form and make no distinction in civil or political rights on RESOLUTION NO. 27 149 account of race, color, or sex, and not be repugnant to the WHEREAS, the expense of building suitable offices on Constitution of the United States and principles of the Decla neighboring islands would involve an increased expenditure ration of Independence,” and of public funds; now, therefore WHEREAS, no race is forever in the ascendant, and BE IT RESOLVED by the Constitutional Convention of Hawaii that the capftal of the future State of Hawaii be WHEREAS, the hope and future of Hawaii rests in the located in the Island of Oahu. harmony of the various races whose members are citizens of Hawaii, and RESOLUTION NO. 24 WHEREAS, the Hawaiian Homes Commission Act 1920, as amended, discriminates between citizens entitled to WHEREAS, the framing of the constitution of Hawaii is public lands on the basis not only of race but a percentage an historic event; and of the blood of that race, and WHEREAS, ft is appropriate that suitable records of the WHEREAS, the Newlands Resolution of Tuly 7, 1898, in constitutional convention be preserved; and accepting from the government of the Republic of Hawaii the cession and transfer to the United States of the absolute WHEREAS, a photograph of the delegates who drafted fee and ownership of all public, government, or Crown Lands, the first state constitution of Hawaii will be of historic in provides that “all revenue from or proceeds of the same, terest; and as regards such part thereof as may be used or occupied WHEREAS, the delegates assemble daily and the time is for the civil, military, or naval purposes of the United States, propftious for the taking of a group photograph; now, there or may be assigned for the use of the local government, fore, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes;” BE IT RESOLVED that the President of the constitution al convention authorize the taking of a group photograph of the delegates; and WHEREAS, such resolution made no racial distinction between the inhabitants of the Hawaiian Islands, and BE IT FURTHER RESOLVED that a print of said photo graph be distributed to the Governor, to each delegate, and WHEREAS, the Hawaiian Homes Commission Act 1920, to each Terrftorial Department head. as amended, tends to create racial dissension, and WHEREAS, ft would be most unfair to the innocent home RESOLUTION NO. 25 steaders now occupying lands under said act, as lessees, to deprive them of such lands, now, therefore, RESOLVED, that Frank G. Silva, by reason of his con BE IT RESOLVED that the Congress of the United States tempt of the House UnAmerican Activities Commfttee in of America be and it is hereby requested to repeal the Ha the recent proceedings of said Committee conducted at waiian Homes Commission Act 1920, as amended, and, in lolani Palace, Honolulu, Hawaii, is hereby declared dis the same legislation, to provide for the granting of fee qualified to sit as a member of this Convention and that he simple title in their lands to present holders and occupants be and is hereby expelled from this Convention, that his of leasehold lands under said act, and seat be declared vacant, and the Governor be requested to fill the vacancy in the manner provided by law. BE IT FURTHER RESOLVED, that copies of this resolu tion be forwarded to the President of the United States, to the President of the Senate and to the Speaker of the House RESOLUTION NO. 26 of Representatives of the Congress, to the Secretary of the WHEREAS, questions concerning parliamentary procedure Interior and to the Delegate to the Congress from Hawaii. frequently arise during meetings of this Constftutional Con vention as demonstrated during the sessions and the hear RESOLUTION NO. 22 ings before the Committee of the Whole of this assembly occurring recently; and BE IT RESOLVED, that the Committee on Local Govern ment be and ft is hereby requested to give careful considera WHEREAS, the business of the Convention would be tion to making the Island of Lanai a separate county. greatly expedited and unnecessary delays avoided if each delegate had available at ail times a copy of the standard and generally accepted rules of parliamentary procedure; RESOLUTION NO. 23 and WHEREAS, the future State of Hawaii is comprised of WHEREAS, Cushing’s Manual of Parliamentary Practice non-contiguous lands separated by water; and has been adopted by the Constitutional Convention as ifs official guide in parliamentary procedure; now, therefore, WHEREAS, vast sums of money have already been ex pended for territorial government office buildings in the BE IT RESOLVED by the Constitutional Convention that cfty of Honolulu; and a copy of the latest edftion of said Cushing’s Manual of Par liamentary Practice and also of Roberts’ Rules of Order be WHEREAS, construction is presently in progress to pro purchased by this C onvention and made available to each vide additional government buildings in the city of Honolulu; delegate. and WHEREAS, the city of Honolulu is the historic site of the RESOLUTION NO. 27 seat of government of the people of Hawaii; and WHEREAS, the seat of government of the Territory of BE IT RESOLVED that when certain delegates from this Hawaii since ifs inception has been on the Island of Oahu; C onvention go to Washington that the remaining delegates and continue with the work of the Convention. 150 JOURNAL DOCUMENTS RESOLUTION NO. 28 3. THAT Hawaii’s official flower shall be the Ilima, the flower of old royalty; and BE IT RESOLVED by the Hawaii State Constitutional 4. THAT Hawaii’s state colors shall be orange (from the Convention of 1950, that leave of absence is hereby granted iima and suggestive of the soil) and deep blue (our sky and to those Delegates attending the Hearings before the Senate ocean); and Committee on Interior and Insular Affairs on H. R. 49 to be 5. THAT the official birthstone shall be the olivene. held in Washington on May 1,1950, for such time as may be (This dates back to the birth of Hawaii when it crystallized necessary between April 24, 1950 and May 5, 1950. out from the hot lava). RESOLUTION NO. 30 RESOLUTION NO.29 BE IT RESOLVED, by the Constitutional Convention of WHEREAS, each state has a heraldry consisting of sym Hawaii of 1950 that, pursuant to the provisions of Rule 6, bols reflecting its past and present; and in the case of the temporary absence of all Vice-Presidents, WHEREAS, Hawaii has a very unique code of symbols or in the event of the temporary inability on the part of all Vice-Presidents to discharge the duties of their offices, from its royal background; now, therefore, the Secretary of the Convention shall preside, and the Con BE IT RESOLVED that the Legislature of Hawaii be and vention shall thereupon appoint an Acting Secretary to per it is hereby respectfully requested to enact appropriate form the duties of the Secretary. legislation for the adoption of the following heraldic sym bols: RESOLUTION NO. 31 1. THAT Hawaii’s official flag shall be that of the old monarchy; red, white and blue with eight stripes for the WHEREAS, upon granting of statehood to the Territory islands and the English jack in the corner; and of Hawaii by the United States of America, the people of 2. THAT the motto shall be “Ua mau ke ea o ka aina 1 Hawaii will have realized a cherished goal of a half century; ka pono.” The translation of which is “The life of the land and is perpetuated in righteousness”; and WHEREAS, on such an historic occasion it is most appro 3. THAT Hawaii’s official seal shall be the Coat-of-Arms priate that a special day be set aside for the celebration, of the Territory of Hawaii as described and depicted in remembrance, and observance of this event; now, therefore, Section l294l,Revised Laws of Hawaii 1945, with the changes BE IT RESOLVED by the Constitutional Convention of suggested in the accompanying sketch and comments; and Hawaii of 1950 that the Governor of the Territory of Hawaii 4. THAT Hawaii’s official song shall be “Hawaii Ponoi” be and is hereby respectfully requested to set aside as a with the same music as in the past but with words bringing legal holiday a specific day to be known as “Statehood Day”; it up to statehood; and including an old Hawaiian motto which and indicates our present harmonious amalgamation of races: “Maluna a’e o na lahui apau, ke ola ke kanaka,” the trans BE IT FURTHER RESOLVED, that a certified copy of lation of which is “Above all nations in humanity.” this Resolution be transmitted forthwith to the Honorable 5. THAT Hawaii’s official flower shall be the flima, the Ingram M. Stainback, Governor of the Territory of Hawaii. flower of old royalty; and 6. THAT Hawaii’s state color shall be orange (from the iima and suggestive of the soil) and deep blue (our sky and RESOLUTION NO. 31, RD 1 ocean); and 7. THAT the official birthstone shall be the olivene. WHEREAS, upon granting of statehood to the Territory (This dates back to the birth of Hawaii when it crystallized of Hawaii by the United States of America, the people of out from the hot lava). Hawaii will have realized a cherished goal of a half cen tury; and WHEREAS, on such an historic occasion it is most RESOLUTION NO. 29, RD 1 appropriate that a legal holiday be proclaimed for the cele WHEREAS, each state has a heraldry consisting of sym bration, remembrance, and observance of this event; now, therefore, bols reflecting its past and present; and BE IT RESOLVED by the Constituticnal Convention of WHEREAS, Hawaii has a very unique code of symbols Hawaii of 1950 that the Governor of the Territory of Hawaii from its royal background; now, therefore, be and is hereby respectfully requested to proclaim a legal BE IT RESOLVED that the Legislature of Hawaii be and holiday to be known as “Statehood Day”; and it is hereby respectfully requested to enact appropriate BE IT FURTHER RESOLVED that a certified copy of legislation for the adoption of the following heraldic sym this Resolution be transmitted forthwith to the Honorable bols; Ingram M. Stainback, Governor of the Territory of Hawaii. 1. THAT the motto shall be “Ua mau ke ea o ka aina i ka pono.” The translation of which is “The life of the land RESOLUTION NO.32 is perpetuated in righteousness”; and 2. THAT Hawaii’s official song shall be “Hawaii Ponoi” WHEREAS, the week of April 29th to May 6th, inclusive, with the same music as in the past but with words bringing has been declared “National Boys’ and Girls’ Week” by the it up to statehood; and including an old Hawaiian motto which Governor of the Territory; and indicates our present harmonious amalgamation of races: “Maluna a’e o na lahui apau, ke ola ke kanaka,” the trans-, WHEREAS, “National Boys’ and Girls’ Week” is being lation of which is “Above all nations is humanity.” approved by the Oahu Youth Council; and RESOLUTION NO. 38 151 WHEREAS, the promotion of youth welfare in the home, in writing of the results of its deliberations in connection at school and in the community is a laudable and motivating with the subject matters within its consideration under the objective; and rules and the proposals referred to it. WHEREAS, the promotion of such an objective requires that youth be given ample opportunity to secure physical, RESOLUTION NO. 36 intellectual, social and spiritual training; and WHEREAS, these advantages may best be assured to In the sunset years of a long and useful life Esther Spring youth through the cooperation of all territorial groups and White, mother of our colleague Henry A. White, passed into associations who represent and promote youth activities; the Great Beyond on her 86th birthday. now, therefore, Mrs. White was a Kamaaina in the fullest sense of the BE IT RESOLVED, that the Delegates meeting in regular word, having lived in these Islands continuously from the session at this Constitutional Convention go on record as colorful days of the Monarchy in 1888 to the eve of Hawaii’s officially endorsing “National Boys’ and Girls’ Week”; and admission as a State of our Great Union. Here her five child ren were born; and after the death of her husband, the late BE IT FURTHER RESOLVED that copies of this Resolu Clarence M. White, in 1906, she raised her two sons and tion be disseminated to the press, and to all Territorial three daughters to manhood and womanhood, and lived to groups and associations which are organized for the pur reap the rich reward of their love and devotion. poses of promoting youth activities and welfare in the Terri Mrs. White earned the high esteem of all with whom she tory of Hawaii. came in contact and leaves as a worthy monument to her memory her two sons— Clarence A. White and Henry A. RESOLUTION NO.33 White; and her three daughters— Esther E. White, Mrs. Beatrice White Oliphant and Mrs. Florence White MacNicholl. WHEREAS, H. R. 49 entitled “An Act to enable the people NOW, THEREFORE, BE IT RESOLVED by the members of Hawaii to form a constitution and state government and to of the Hawaii State Constitutional Convention of 1950 here be admitted into the Union on an equal footing with the origi assembled this 16th day of May, A. D. 1950, that they do by nal States,” is now pending before the Senate of the Con this means extend their deepest sympathy to the sons and gress of the United States; and daughters of this devoted mother— Esther Spring White; WHEREAS, by the terms of the Newlands Resolution of and be it further annexation, the public lands of Hawaii were ceded to and RESOLVED, that a certified copy of this Resolution be accepted by the United States upon a special trust for the transmitted to each of the five children of the late Esther uses of the inhabitants of the Hawaiian Islands; and Spring White. WHEREAS, said H. R. 49 provides that only 180,000 acres of those public lands shall be reinrned uncondition ally to the State of Hawaii when it shall be formed; now, RESOLUTION NO. 37 therefore, WHEREAS, this Convention has been informed by several BE IT RESOLVED by the Constitutional Convention of petitions addressed to it by groups on Lanai of that island’s Hawaii of 1950 that the Senate of the United States be and claim to a separate county government; and it is hereby requested to pass H. R. 49 with such amend ments as may be necessary, to return to the people of Ha WHEREAS, a delegation from this Convention has met waii, the public lands ceded to and accepted by the United on Lanai with proponents of separate county status for that States in trust for the inhabitants of the Hawaiian Islands; island and has had full opportunity to receive and consider their arguments; and BE IT FURTHER RESOLVED that copies of this resolu WHEREAS, there has been no opportunity for the dele tion be forwarded to the President of the United States, to gates to this Convention to be informed of reasons arguing the President of the Senate and to the Speaker of the House against separate county status for Lanai; now, therefore, of Representatives of the Congress of the United States, to BE IT RESOLVED that this C onvention does invite the the Secretary of the Interior and to the Delegate to the Con Executive Chairman of the Board of Supervisors of the gress from Hawaii. County of Maui, or such person as he may designate, to appear before this Convention to present additional informa RESOLUTION NO. 34 tion on the subject of creating a separate county government for the Island of Lanai. BE IT RESOLVED by the Constitutional Convention of Hawaii of 1950 that Rule 56 of the Rules for Constitutional Convention be amended to read as follows: RESOLUTION NO.38 Rule 56. No proposal shall be introduced alter May 15, WHEREAS, House Toint Resolution 238 of the 81st Con 1950, except on the report or recommendation of a Stand gress of the United States to provide the privilege of be ing Committee, or by unanimous consent of the Conven coming a naturalized citizen of the United States to all tion. immigrants having a legal right to permanent residence, passed the House of Representatives on June 6th, 1949, and RESOLUTION NO. 35 is now pending in the Senate; and BE IT RESOLVED by the Constitutional Convention of WHEREAS, under the present provisions of Section 303 Hawaii of 1950, that not later than May 26, 1950, each General of the Nationality Act of 1940, as amended, the right of Standing Committee, except the Committee on Style, shall naturalization is denied Tapanese, Burmese, Koreans, submit to the Convention its respective report or reports Malayans, Maoris, Polynesians and Samoans; and 152 JOURNAL DOCUMENTS WHEREAS, there are today in the United States some RESOLUTION NO. 40 90,000 aliens lawfully admitted for permanent residence who are denied the privileges of naturalization under Fed WHEREAS, the Hawaii State Constitutional Convention eral laws solely because of race; and has completed more than one-half of its scheduled 60 day WHEREAS, most of these aliens who are ineligible to session; and citizenship have resided in the United States and its terri WHEREAS, the expenses prior to the Convention, namely tories for at least the greater part of a half century and $113,642.45, which included expenses of election, were in have demonstrated their capacity for citizenship and allegi excess of the estimate therefor in the amount of approximate ance and loyalty beyond ail question of doubt, and have earn ly $30,000.00; and - ed the right to naturalization by every standard of citizen WHEREAS, it appears that the cost of the Convention will ship; now, therefore, result in a minimum deficit on its 60th day in excess of BE IT RESOLVED by the delegates to the Hawaii Con $24,000.00; now, therefore, stitutional Convention here assembled, that we go on record BE IT RESOLVED by the Delegates of the Hawaii State endorsing House Toint Resolution 238 of the 81st Congress Constitutional Convention of 1950, that this Convention re providing the privilege of naturalization for all aliens law quest the Governor of Hawaii to make available to the Con fully admitted into the United States for permanent resi vention the amount of $30,000.00 from the appropriation dence; and nude for the 1949-51 Biennium under “Governor’s Contingent BE IT FURTHER RESOLVED that we request favorable Fund” it being understood that any unexpended moneys there action, as speedily as possible, by the Senate of the United from will be returned to the Fund upon the payment of all States; and obligations of this Convention. BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the United States of America, the President of the Senate, the Speaker RESOLUTION NO.41 of the House of Representatives, the Chairman of the Senate Committee on Immigration and Naturalization, the Chairman BE IT RESOLVED that the sincere appreciation of the of the Senate Committee on Interior and Insular Affairs delegates to the Constitutional C onvention of Hawaii be and the Delegate to Congress from Hawaii. shown, by this Resolution, to the Honorable Governor Ingram M. Stainback for his consideration in making available to the Convention sufficient additional funds as requested by Re RESOLUTION NO. 39 solution No. 40 of this Convention to enable it to fulfill its obligations to the people of Hawaii in drafting their new con WHEREAS, this Convention having passed Resolution stitution; and No. 6 whereby the Governors of the various States of the Union were requested to send to this Convention their State BE IT FURTHER RESOLVED that a certified copy of this flags to be hung in the Convention Hall during the drafting Resolution be forwarded to Governor Ingram M. Stainback. of our proposed Constitution; and WHEREAS, many of the States have generously respond RESOLUTION NO.42 ed to said request, by sending their flags, some on a loan basis and some as an outright gift to the Convention; and WHEREAS, in the wake of the disastrous volcanic erup WHEREAS, it is the feeling of this Convention, that when tion in South Kona, County of Hawaii, approximately 150 it finally adjourns, it would be most fitting and proper to persons suffered loss of their homes and their property; and present the various State flags to the National Military WHEREAS, these people, unless they are relocated on Cemetery at Punchbowl, Honolulu, Oahu, Territory of Ha land similar to that they lost and with suitable housing will waii, where they could be displayed in memory of l~he sons face a life of poverty, want and affliction; and and daughters of the various States who passed through, were stationed on, and lost their lives upon, these Islands WHEREAS, it is incumbent upon the Territory of Hawaii during World War II; now, therefore, that efforts should immediately be made to rehabilitate these people; BE IT RESOLVED by the Constitutional Convention of Hawaii of 1950: BE IT RESOLVED that this Convention go on record re commending to the Public Lands Department, the Hawaiian 1. That this Convention hereby expresses its gratitude Homes Commission, the Governor and other officers of the to the States which have given or loaned their State flags; Territory that plans be expeditiously promulgated to pro a. That the Secretary of thin Convention forward to those vide for this emergency and that necessary lands be made States a copy of this Resolution; available by transfer, purchase or otherwise, of equivalent 3. That the Secretary of thin Convention further request value and usage as those destroyed by said eruption; and of those States which sent their flags on a loan basis that BE IT FURTHER RESOLVED that every other effort per this Convention be permitted to deliver the same to the said missible under the statutes of the Territory be made to National Military Cemetery at Punchbowl upon the final ad secure to these victims of this disaster such aid and comfort journment of this Convention, for use as herein set forth; as is possible; and 4. That the Sergeant-at-Arms be directed to deliver a copy of this Resolution, together with each of the respective BE IT FURTHER RESOLVED that the Governor is urged State’s flags which have been given to this Convention, and to appropriate the sum of $100,000 from his contingency each of those for which such permission is granted, in fund to provide for the rehabilitation of the victims of the accordance herewith, to the officials in charge of the said volcanic eruption; and National Military Cemetery at Punchbowl for use and dis BE IT FURTHER RESOLVED that a copy of thin Resolu play in such manner as they may deem best. tion be forwarded to the Governor, the Commissioner of RESOLUTION NO. 46 153 Public Lands, the executive director of the Hawaiian Homes AN ACT TO PROVIDE A GREAT SEAL Commission, the President of the United States and the FOR THE STATE OF HAWAII Secretary of the Interior. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: RESOLUTION NO.43 SECTION 1. The Great Seal of the State of Hawaii shall be circular in shape, two and three-fourths inches in di WHEREAS, Death has written the last chapter in the ameter, and of the design hereinbelow attached; being more ntrtal life of Joseph G. Andrews, a native son of Hawaii, particularly described, with the tinctures as a basis for the and a member of the House of Representatives of the Terri Coat-of-Arms, as follows: torial Legislature from the First District, Island of Hawaii, during all of the regular and special sessions of the Legis Arms: An heraldic shield which is quarterly; first lature from 1943 through 1949; and and fourth, stripes of the Hawaiian banner; second and WHEREAS, Joseph G. Andrews spent the entire 61 years third, on field or (1) a ball argent (2) pierced on staff sable, surtout; an escutcheon vert (3), on which a mullet of his life in his native land, interesting himself in civic (4) or (I), in fesse (5). and political affairs of the Territory; and Supporters: On the dexter (6) side, Kamehameha I, WHEREAS, the Delegates to the Hawaii State Constitu statant, attitude as represented by sketch with palm of tional Convention of 1950 do regret the passing of this loyal outstretched hand turned down; left hand holding spear; American citizen of Hawaii; now, therefore, cloak and helmet or (1); figure proper (7). Sinister (8), BE IT RESOLVED by the members of the Hawaii State Goddess of Liberty, wearing a Phrygian cap and with a Constitutional Convention of 1950 here assembled this 15th laurel wreath in dexter hand, (6), and holding in sinister day of June, 1950, that they do express their sympathy to (8) hand the Hawaiian banner, partly unfurled. the family of the late Joseph G. Andrews in the loss of their Crest: A series of 23 (9) irradiating rays or (1); loved one; and Motto: “Ua mau ke ea o ha aina i ha pono” esc roll BE IT FURTHER RESOLVED that a certified copy of (11), lettering or (1); this Resolution be transmitted to the family of the late Further accessories: Below the shield, the bird Joseph G. Andrews. Phoenix (12) overt (13), issuant from flames, body sable (14), wings half or (1), half murrey (15); Circular border, centered above with STATE OF HAWAII, lettering or RESOLUTION NO. 44 (1), centered below, lettering or (1) 1950 (16). To either side of numerals, five blocks, each containing a symbol WHEREAS, the issuing of stamps and minting of coins in sable (14) as indicated in sketch (a) sugar, (b) pineapple, commemoration of historic events is a practice long es (c) flowers, (d) coffee and small fruit, (e) cattle, (f) fish, tablished in the United States of America; and (g) coconut, calabash, kukui, (h) banana, (i) taro, (j) hala. WHEREAS, the admittance of the State of Hawaii to the federal Union will be an event of both national and inter SECTION 2. This Act shall take effect upon its approval. national importance, now, therefore, and BE IT RESOLVED by the Constitutional Convention of BE IT FURTHER RESOLVED that certified copies of Hawaii of 1950, that the Postmaster General of the United this Resolution be given for safekeeping to the President States, upon the admission of Hawaii as a state of the Union, and Secretary of this Convention, to be transmitted by them is respectfully requested to cause a 6-cent air mail stamp to the presiding officers of the respective houses of the to be designed, embodying therein the Seal of the State of first legislature to convene under the constitution of the Hawaii, and to issue said stamps in commemoration of the State of Hawaii. admission of Hawaii into the federal Union; and BE IT FURTHER RESOLVED that the Secretary of Treas RESOLUTION NO.46 ury of the United States is respectfully requested, upon the admission of Hawaii as a state of the Union, to cause a 50- WHEREAS, the Republic of Korea was brought into being cent coin to be designed, embodying thereon the proposed under the auspices of the United Nations and the United Seal of the State of Hawaii and other appropriate designs, States on August 15, 1948; and and to have said coin struck and issued in commemoration WHEREAS, in its first few years of existence, the new of the admission of Hawaii into the federal Union; and Republic has been subjected to armed aggression and in BE IT FURTHER RESOLVED that certified copies of vasion by totalitarian communist forces from the north; this resolution be forwarded to the President of the United and States, the Secretary of Treasury of the United States, WHEREAS, the United States is committed to a policy of Postmaster General of the United States, the President of promoting international peace and aiding democratic peoples; the Senate, the Speaker of the House of the Congress of the and United States and to the Delegate to the Congress from WHEREAS, in keeping with such policy, the President of Hawaii. the United States has authorized the use of the military forces of the United States to support the Republic in re RESOLUTION NO.45 pelling the invaders and restoring peace in the embattled land; and BE IT RESOLVED by the Constitutional Convention of WHEREAS, the people of the Territory have strong sym Hawaii of 1950 that the first legislature to convene under pathies for the people of the Republic; now, therefore, the constitution drafted by this convention is hereby re quested and urged to adopt a bill in substantially the follow BE IT RESOLVED by the Hawaii State Constitutional ing form, to wit: Convention of 1950 that the action of the President of the 154 JOURNAL DOCUMENTS United States in supporting the Republic of Korea be un WHEREAS, radio stations KGU, KGMB and KULA were equivocally commended and endorsed and that the continu most generous and cooperative in donating free radio time ance of adequate military aid be strongly urged; and for the aforesaid purpose, whereby the people of Hawaii BE IT FURTHER RESOLVED that copies of this resolu were kept informed of the work of this Convention; now, tion be forwarded to the President of the United States, the therefore, Secretary of State, Secretary of Defense; Secretary of the BE IT RESOLVED by the delegates to the Constitutional Interior and the Delegate to the Congress of the United Convention of Hawaii of 1950 that this means is hereby taken States from Hawaii. to record sincere appreciation to radio stations KGU, KGMB and KULA for their generous contributions of free RESOLUTION NO. 47 radio time to the Committee on Submission and Informa tion; and WHEREAS, Wood, King & Dawson, Attorneys and counsel ors at law, New York City, have for many years ably served BE IT FURTHER RESOLVED that copies of thin Resolu as bond counselors for the Territory of Hawaii and its sever tion be sent to the aforesaid radio stations. al political subdivisions, WHEREAS, Wood, King & Dawson have evidenced their loyalty to and Aloha for Hawaii by offering their services RESOLUTION NO. 50 and advices, without charge, to the Constitutional Conven tion for the State of Hawaii, WHEREAS, the Legislative Reference Bureau, by Reso WHEREAS, Wood, King & Dawson have made valuable lution No. 13 of this Constitutional Convention, was request suggestions which have been incorporated in the Constitu ed to make available to the Delegates its research facili tional Article on Taxation and Finance, particularly in the ties and reference materials; and section thereof on Debt Limitations, now, therefore, WHEREAS, the Legislative Reference Bureau has most BE IT RESOLVED by the delegates of the Hawaii State expeditiously and earnestly fulfilled that request; and Constitutional Convention of 1950 here assembled this 10th WHEREAS, the members of the staff of the Legislative day of Tuly, A. D. 1950, that they do by this means record Reference Bureau have been untiring in their efforts to their sincere appreciation to Wood, King & Dawson for provide the Delegates with factual data necessary for the their valuable contributions, and proper drafting of the Constitution; and BE IT FURTHER RESOLVED that a certified copy of this resolution be transmitted to Wood, King & Dawson. WHEREAS, the Legislative Reference Bureau antic ipat ed the need for constitutional reference materials and assumed leadership over the past three years in accumu lating and compiling such materials; and RESOLUTION NO.48 WHEREAS, the “Manual on State Constitutional Provi WHEREAS, throughout the sessions of the Constitutional sions,” prepared for this Constitutional Convention by the Convention, representatives of the press have been in con Legislative Reference Bureau, a partial result of that ex stant attendance; and tended research, has been most helpful to the delegates; now, therefore, WHEREAS, the newspaper articles prepared by such press have given wide coverage to the work of the Conven BE IT RESOLVED that the sincere appreciation of the tion and have been characterized by a high degree of accu Delegates to this Constitutional Convention be extended to racy of reporting; and the Director and to the members of the staff of the Legisla WHEREAS, such newspaper articles have provided an tive Reference Bureau for the services performed so ex invaluable means in informing the people of Hawaii of the cellently by them; and work of this Convention; now, therefore, BE IT FURTHER RESOLVED that certified copies of BE IT RESOLVED that the Delegates of the Constitution this resolution be forwarded to the President of the Uni al Convention of Hawaii of 1950 do hereby express their versity of Hawaii and to the Director of the Legislative appreciation for the excellent reporting of the work of this Reference Bureau. Convention; and BE IT FURTHER RESOLVED that certified copies of this Resolution be delivered to press representatives in attendance at this Convention. RESOLUTION NO. 51 WHEREAS, the Hawaii National Guard has been most cooperative in making available certain facilities at the RESOLUTION NO. 49 Armory for the use of the Constitutional Convention of Hawaii of 1950; now, therefore, WHEREAS, the Constitutional Convention of Hawaii, through the Committee on Submission and Information, has BE IT RESOLVED by the delegates to the Constitutional disseminated weekly reports to the people of the Territory Convention of Hawaii of 1950 that this means is taken to of Hawaii; and record their sincere appreciation to the Hawaii National Guard for the cooperation extended to the Constitutional WHEREAS, the Committee on Submission and Informa Convention of Hawaii of 1950; and tion requested that free radio time be donated by radio stations KGU, KGMB and KULA for the purpose of inform BE IT FURTHER RESOI~VED that a duly certified copy ing the public of the progress of the Constitutional Conven of this Resolution be sent to the Adjutant General of the tion; and Hawaii National Guard, Brigadier General Fred W. Makinney. STANDING COMMITTEE REPORT NO. 2 155 RESOLUTION NO. 52 RESOLUTION NO. 54 WHEREAS, the employees of the Constitutional conven WHEREAS, H. R. 49, of the 81st Congress of the United tion of Hawaii of 1950 have performed their duties in a States, entitled “An Act to enable the people of Hawaii to most capable and efficient manner; and form a constitution and State government and to be admitted into the Union on an equal footing with the original States,” WHEREAS, our employees by their untiring efforts and has passed the House of Representatives; and unstinting cooperation have expedited the work of the Con WHEREAS, said bill has been favorably reported by the vention; and Senate Committee on Interior and Insular Affairs and is now on the Senate calendar; and WHEREAS, our employees have devoted many long hours in the faithful discharge of their duties; now, therefore, WHEREAS, favorable action by the House and by the Senate committee demonstrates that both of these bodies BE IT RESOLVED that we, the delegates in Convention deem that Hawaii has met the requisite qualifications for assembled do take this means to record our sincere ap statehood; and preciation and thanks to all our employees for the splendid WHEREAS, the people of Hawaii have shown by every runner in which they carried out their assignments. possible means their ardent desire to become a State, and to help achieve that goal have elected this Constitutional Convention; and RESOLUTION NO. 53 WHEREAS, this Constitutional Convention has completed its work of drafting a Constitution for the State of Hawaii, WHEREAS, the Constitution drafted by this Convention meeting the appropriate requirements of H. R. 49; now, is an integrated document, whose various parts are related therefore, to the whole; and BE IT RESOLVED by the Constitutional Convention of WHEREAS, under provisions of Act 334 of the regular Hawaii of 1950, that the Senate of the United States be Session Laws of Hawaii 1949, this Constitution may be con urgently requested to take up the question of Statehood for sidered by the territorial legislature, which may suggest Hawaii before adjournment of the present session of Con alternative or additional provisions; and gress and to act favorably on H. R. 49; and BE IT FURTHER RESOLVED that certified copies of WHEREAS, the Rules of the Convention require that it this Resolution be sent to the President of the United States; agree upon the manner of submission of the Constitution; the President of the Senate; Senator Scott C. Lucas, Ma now, therefore, jority Leader of the Senate; Senator Joseph C. O’Mahoney, BE IT RESOLVED by the Constitutional Convention of Chairman of the Committee on Interior and Insular Affairs; Hawaii of 1950 that the Constitution, as approved in final Senator Robert A. Taft; Senator Kenneth S. Wherry, Mi form by this Convention, be submitted to the people for nority Leader of the Senate; the Secretary of the Interior; adoption or rejection as a whole; and and to Delegate Joseph R. Farrington. BE IT FURTHER RESOLVED that it is the sense of this RESOLUTION NO. 55 Convention that alternative proposals, if any, suggested by the legislature also be presented to the people as a whole, BE IT RESOLVED by the Hawaii State Constitutional so that the electorate may choose between such draft if any Convention of 1950 that the President of the Convention be and that prepared by this Convention. and he is hereby authorized to appoint a committee of such BE IT FURTHER RESOLVED that certified copies of number as he may determine, with authority to confer with this resolution be transmitted by the President or by the the Congress, or any appropriate committee thereof, with Secretary of this Convention to the Governor of the Terri regard to the provisions of clause “seventh” of Section 2, tory of Hawaii and to the presiding officers of the respect H. R. 49, 81st Congress, Second Session, reported June ive houses of the territorial legislature at the opening of 29, 1950, by the Senate Committee on Interior and Insular such session at which the Constitution drawn by the Con Affairs (Report No. 1928), and any other provisions of vention may be considered. H. R. 49. 2. Standing Committee Reports STANDING COMMITTEE REPORT NO. 1 tutional Convention of Hawaii, be amended to read as follows: Your Committee on Rules and Order of Business to which Committee on Agriculture and Land, 15 members. was referred Misc. Com. No. 5 communication of Herbert —April 28, 1950 M Richards, Chairman of the Committee on Agriculture, Cable A. Wirts, Chairman Conservation and Land, dated April11, 1950, begs leave to report that it has acted favorably upon the request that the members of the Committee on Agriculture, Conservation STANDING COMMITTEE REPORT NO. 2 and Land be increased from 11 to 15. Accordingly it is the recommendation of this Committee Your Committee on Submission and Information begs that sub-section 10, of Rule 17, of the Rules of the Consti leave to submit the following report: 156 JOURNAL DOCUMENTS After due and careful consideration, your Committee STANDING COMMITTEE REPORT NO. 3 recommends that a weekly summary of the work of this Convention be prepared by your Committee on Submission Your Committee on Accounts begs leave to submit its and Information and made available to the public through reports on the financial status of the Convention: news releases to the press, radio and to such organized groups as may request copies of same. It should be noted that no special funds have been set up It is the unanimous recommendation of your Committee to care for the post-Convention work of the Committee on on Submission and Information that it be authorized to pro Submission and Information or for the publication in reg ceed forthwith with such a program. No expenditure of ular book form of the Convention i~ournal (or other publi funds is anticipated beyond the services of the Convention cations). Your Committee believes such costs to be pro staff.—A/,ril 19, 1950 perly subjects of subsequent appropriations by the Legis Randolph Crossley, 3. Gamer Anthony lature. Chairman Marguerite K. Ashford The Committee is of the mind that pre-Convention costs— Arthur K. Trask Hiram L. Fong and not Convention expenses—are in exuess of the needs C. E. Kauhane Nils P. Larsen anticipated by the original appropriation. Hebden Porteus Richard 3. Lyman, Jr. Financial report is attached hereto. —April 24, 1950 Harold S. Roberts Charles A~ Rice Arthur D. Woolaway Thos. T. Sakakthara Alexander Castro, Chairman Total appropriation for elections and convention expenses as provided for in Act 334. $250,000.00 Expenses of Secretary of Hawaii for elections (See Schedule “A”) Personal services $ 47,095.77 Other expenses 53,883.03 Equipment 3,502.82 Reserved for payroll 1,654.03 Outstanding bills (estimate) 8,515.20 114,650.85 __________ Balance of appropriation available for expenses of convention and compensation of delegates and employees 135,349.15 Estimated convention expenses from April 1, 1950 (See Schedule “B”) Personal services $113,000.00 Other expenses 47,400.00 160,400.00 ___________ Estimated deficit of the convention $ 25,050.85 SCHEDULE “A” EXPENSES OF SECRETARY OF HAWAII FOR ELECTIONS AND PREPARATION FOR CONVENTION (Through March 31, 1950) PERSONAL SERVICES: Pay of Inspectors of elections, members of boards of registration, extra clerical help In offices of Secretary of Hawaii and clerks In the counties $ 47,095.77 OTHER CURRENT EXPENSES: Public Works Department repairing voting booths $ 982.59 Stationery and office supplies 9,650.58 Communication service: postage and telephone 1,185.21 Travel expense: board and lodging, plane fare, auto hire 2,086.04 Transportation of things 1,200.41 Printing: ballots, lists of voters, etc 23,189.38 Advertising and publication of notices 1,994.77 Rents 800.00 Special and miscellaneous current expenses 12,625.88 Motor vehicles—upkeep 168.17 53,883.03 EQUIPMENT: Ballot boxes, tablets, booths 3,502.82 RESERVED FOR PAYROLL 1,654.03 OUTSTANDING BILLS (estimate) 8,515.20 ________ TOTAL EXPENDITURES PAID $114,650.85 STANDING COMMITTEE REPORT NO. 7 157 SCHEDULE “Ba ESTIMA TED CONVENTION EXPENSES FROM APRIL 1, 1950 (All Items Figured on a 70-Day Session) PERSONAL SERVICES: Delegates’ pay $ 63,000.00 Employees’ pay 50,000.00 $113,000.00 OTHER EXPENSES: Delegates’ Mileage $ 2,000.00 Stationery and supplies 15,000.00 Communications 3,000.00 Repairs and alterations 5,000.00 Printing and binding 6,000.00 Equipment rental . 3,000.00 Public address system 7,500.00 Rent—National Guard Armory 2,200.00 Recording system 700.00 Special purchases 1,000.00 Special services 2,000.00 47,400.00 ESTIMATED TOTAL EXPENDITURES $160,400.00 STANDING COMMITTEE REPORT NO. 4 STANDING COMMITTEE REPORT NO. 6 Your Committee on Accounts begs leave to report on Your Committee on Taxation and Finance, to which was Resolution No. 20, referred to it, which relates to author referred Misc. Corn. No. 32, from The Hawaii Education izing Delegates from islands other than Oahu to hold public Association, enclosing a report on provisions on taxation hearings from time to time within their home areas upon and finance in the proposed constitution, begs leave to re subjects being considered by the Convention. port as follows: Because the Resolution seeks only the cloak of authority A great many of the provisions contained in this com and not the expenditure of funds the Committee believes munication were taken from the Model State Constitution that the Resolution does not come within its cognizance, but and have been considered by your Committee. should be referred to the Committee on Rules and Order of Your Committee recommends that Misc. Com. No. 32 Business. —April 24, 1950 be placed on file and that the President of the Convention Alexander Castro, Chairman express appreciation to the Hawaii Education Association for their report. —April 26, 1950 Henry A. White, John K. Lai STANDING COMMITTEE REPORT NO. 5 C hair man Jack H. Mizuha Harold W. Rice, Alexander Castro Your Committee on Accounts begs leave to report on Vice -Chairman Herbert M. Richards Resolution No. 12 and Resolution No. 26, both referred to Chas. A. Rice Frank Y. Kam it and both requesting that individual copies of Cushing’s Arthur D. Woolaway Sakuichi Sakai Manual on Parliamentary Procedure and Roberts’ Rules of Masao Kanemaru James K. Yamamoto Order be supplied each Delegate at this Convention. C. Nils Tavares The Committee recommends that these requests be de nied for the following reasons: 1. Because the Convention already faces a substantial STANDING COMMITTEE REPORT NO. 7 deficit, only items which are absolutely essential to the work of this Convention should be approved by this Commit Your Committee on Rules and Order of Business begs tee. leave to report on Res. No. 20 referred to it by Standing 2. The Rules of the Convention provide an adequate guide Corn. Rpt. No. 4. for conduct of the business which will come before it. The Committee believes that the purpose of Res. No. 20 3. Twelve copies of Cushing’s and six copies of Roberts’ in extending public hearings beyond the confines of the Con have already been purchased and have been available at the vention Hail can best be accomplished through the control Legislative Reference Bureau Library in the Armory for of the various Standing Committees. Accordingly the nxre than a week, and only one copy has been checked out Committee recommends that Res. No. 20 be amended to during this time. read as follows: 4. It occurs to the Chairman that the debates of the Con BE IT RESOLVED by the Delegates to the Constitu vention to date indicate such extensive knowledge of Parlia tional C onvention of Hawaii here assembled, that the n~ntary procedure on the part of the leaders of these de several Standing Committees are hereby authorized to bates that a request for Cushing’s would not be nearly so hold public hearings on the several islands without in practical as a request for cushions. —April 24, 1950 curring expense to the Convention and for this purpose Alexander Castro, Chairman to designate members thereof to preside at public hear- 158 JOURNAL DOCUMENTS ings held away from the Convention Hall and to report STANDING COMMITTEE REPORT NO. 11 results. Your Committee on Bill of Rights to which was referred As so amended, your Committee recommends the adop Proposal No. 17, relating to Women on Juries, begs leave tion of the Resolution. —April 28, 1950 to report as follows: Cable A. Wirtz, Trude M. Akau After considering this proposal, your Committee feels Chairman Samuel K. Apoliona, Jr. that it should be referred to the Committee on Judiciary Masao Kanemaru, Nelson K. Doi for its consideration and study and, therefore, recommends Vice-Chairman Toshio Serizawa that ft be so referred. —May 2, 1950 J. H. Mizuha, Katsumi Kometani Chairman Elizabeth R. Kellerman STANDING COMMITTEE REPORT NO. 8 W. 0. Smith E. B. Holroyde Your Committee on Miscellaneous Matters to which was J. Pia Cockett Nils P. Larsen referred Res. No. 32, requesting that the Convention go on E. C. Bryan H. S. Kawakami record as officially endorsing “National Boys’ and Girls’ James K. Trask Frank C. Luiz Week,” begs leave to report as follows: Earl A. Nielsen Your Committee is in full accord with the provisions of this Resolution and accordingly recommends its adoption. STANDING COMMITTEE REPORT NO. 12 —April 28, 1950 Takao Yamauchi, W. 0. Smith Your Commfttee on Accounts, to which was referred C hair man Masao Kanemaru Petition No. 4 and Standing Com. Rpt. No. 10, begs leave Teruo Ihara to report as follows: George Dowson, Samuel K. Apoliona, Jr. Standing Com. Rpt. No. 10 in a recommendation of the Vice-Chairman H. S. Kawakami Commfttee on the Hawaiian Homes Commission Act that Kazuo Kage John Phillips ft be authorized to hold public hearings in different parts of the Territory. The proposed itinerary of the Committee is as follows: STANDING COMMITTEE REPORT NO. 9 Thursday, May 11, Keaukaha, Hawaii, 7:30 o’clock p.m. Your Committee on Bill of Rights to which was referred Friday, May 12, Honokaa, Hawaii, 1:00 o’clock p.m. Proposal No. 28 relating to Equal Rights begs leave to re Waimea, Hawaii, 7:30 o’clock p.m. port as follows: Saturday, May 13, Hoolehua, Molokai, 7:30 o’clock p.m. After considering this proposal, your Committee feels The proposed hearings would be held by five committee that it should be referred to the Committee on Miscellane members and one clerk. ous Matters for its consideration and study and, therefore, After considering this recommendation, your C ommfttee recommends that ft be so referred. —April 28, 1950 feels that ft should be approved for the following reasons: Jack H. Mizuha, Nils P. Larsen 1. Because of the controversy which has arisen over Chairman J. Pia Cockett this important subject, your committee believes there is W. 0. Smith E. B. Hoiroyde justification in holding public hearings in the areas where James K. Trask the concern of the people is greatest. Frank C. Luiz Katsumi Kometani 2. The nature of the question is such that a consensus Earl A. Nielsen E. C. Bryan of the people affected is of great value to the Delegates H. S. Kawakami who will be called upon to report to this Convention. Accordingly, your Commfttee on Accounts recommends that this Convention pay the cost of transportation for five STANDING COMMITTEE REPORT NO. 10 members of the Committee on the Hawaiian Homes Com mission Act and one clerk, in accordance with the itinerary Your Committee on the Hawaiian Homes Commission outlined above.—May 4, 1950 Act, to which was referred Petition No. 4 from 122 citizens and voters of the Territory of Hawaii from the Hamakua Alexander Castro, Ann H. Corbett District requesting the deletion of the provisions of the Chairman James K. Yamamoto Hawaiian Homes Commission Act, 1920, as amended, from Harold T.Kido, the basic law of the Territory when drafting the local con Vice-Chairman stitution, begs leave to submit the following report: After due and careful consideration, your Committee STANDING COMMITTEE REPORT NO. 13 feels that it is most important to hold public hearings as requested by the petitioners. Your Commfttee on Executive Powers and Functions, to It is the unanimous recommendation of your Committee which was referred Proposal 94 relating to executive powers that this request for public hearings to be held in different and functions, begs leave to report as follows: parts of the Territory be referred to the Committee on Accounts. —May 1, 1950 After due and careful consideration, your committee feels that this proposal should be referred to the Committee Flora K. Hayes, James F. Gilliland on Local Government for consideration and study and, • Chairman Peter Kawahara therefore, recommends that it be so referred. —May 4, 1950 J. Pia Cockett, Richard Lyman, Jr. Vice-Chairman A. K. Trask Tom T. Okino, Frederick Ohrt, Samuel K. Apoliona, Jr. Chairman Vice-Chairman STANDING COMMITTEE REPORT NO. 16 159 John K. Lai Kazuo Kage Proposal No. 19, “Providing for the Conservation of Richard J. Lyman, Jr. Katsumi Kometani Natural Beauty, Historic Monuments, Sightliness, and Yasutaka Fukushima W. Harold Loper Physical Good Order of the State of Hawaii.” Teruo Ihara Richard St. Sure Proposal No. 60, “Relating to Slum Clearance, Re habilitation and Housing.” Proposal No. 90, “Relating to Historical Memorials an and Monuments —Acquisition of Property.” STANDING COMMITTEE REPORT NO. 14 Proposal No. 99, “Relating to Health and Public Wel fare.” Your Committee on Rules and Order of Business to Proposal No. 122, “Relating to Health, Safety and which was referred Res. No. 34 begs leave to report as General Welfare.” follows: Proposal No. 126, “Relating to Public Health.” Your Committee believes that the purpose of Res. No. 34 can best be accomplished under Rule 56 without the The content of each proposal was accepted and incorpo necessity of further amendment. rated or changed as suggested below. Accordingly your committee recommends that said Res. Nos. 19 and 90; regarding historic monuments, parks, be amended to read: etc. The content of these two proposals were incorporated in Section “E”. Section “E” does not mention specifically BE IT RESOLVED by the Constitutional Convention the acquisition nor the reasonable regulation and control of Hawaii of 1950 that, pursuant to Rule 56, no proposals of private property for these purposes. The idea, however, shall be introduced, except by a committee, after May is incorporated in the ‘conserve and develop’ clause of the 19, 1950. section and the committee believes it should be left to the As so amended, your Committee recommends its adop legislature, to determine more specifically how it should tion.—May 10, 1950 be done. No. 60 is incorporated in Section “D”. Cable A. Wirtz, Trude M. Akau No. 99 was accepted, but modified in the more concise Chairman Toshio Serizawa form in Section “F”. Masao Kanemaru, Wm. H. Heen Nos. 122 and 126. The question of limiting the health and Vice-Chairman Garner Anthony welfare section to a bare minimum of words was discussed Samuel K. Apoliona, Tr. Nelson K. Doi at length. The committee, after considerable deliberation and after realizing that Hawaii was already functioning in the five broad fields indicated, believed, in line with the STANDING COMMITTEE REPORT NO. 15 constitutional practices of other states, that Hawaii should indicate its practices in the health field and preserve the Your Committee on Rules and Order of Business to advances made as a basic constitutional concept It was, which was referred Res. No. 35 begs leave to report that therefore, believed to the best interest of our constitution said resolution be amended to read as follows: not to incorporate proposals 122 and 126. The committee held 14 meetings, usually of two hours BE IT RESOLVED by the Constitutional Convention duration and participated in by all members present and of Hawaii of 1950, that not later than May 26, 1950, each frequently also by guest delegates. General Standing Committee, except the Committee on The committee held one public hearing at which over a Style and the Committee on Submission and Information, hundred people were present and at which representatives shall submit to the Convention its final report or reports from the following organizations presented their views: in writing of the results of its deliberations; provided, Archives, American Society of Civil Engineers, American however, the Convention may extend the time. Red Cross, Hawaii Chapter, American Institute of Archi As so amended, your committee recommends its adop tects, Board of Health, Board of Water Supply, Board of tion.—May 16, 1950 Public Parks & Recreation, Bureau of the Budget, Child & Family Welfare Service, Department of Public Welfare, Cable A. Wirtz, Charles H. Silva Department of Public Instruction, Hawaiian Pineapple Co., Chairman Nelson K. Doi Hawaiian Electric Co., Medical Society, Mental Hygiene Masao Kanemaru, Samuel K. Apoliona, Tr. Society of the Territory of Hawaii, Outdoor Circle, Queen’s Vice-Chairman Trude M. Akau Hospital, Social Service Bureau, and Territorial Hospital. Toshio Serizawa Wm. H. Heen The Committee Chairman also met with representatives of the Outdoor Circle, the Parks Board, the Engineer’s Society, the Architectural Society, and the Academy of Arts. STANDING COMMITTEE REPORT NO. 16 These organizations were particularly interested in Sections “D” and “E”, and were anxious to preserve the wording of Your Committee on Health and Public Welfare was com public sightliness and good order. The committee finally posed of the following 11 members: Trude M. Akau, Ann H. removed this wording from Section “E”, but believed it Corbett, George Dowson, Teruo Ihara, Frank Y. Kam, H. might well be retained in the title, since the concept is a S. Kawakami, Nlls P. Larsen, Harold S. Roberts, Richard basic one in maintaining an acceptable modern community. St. Sure, Benjamin 0. Wist, and Tames K. Yamamoto. Besides this, the following citizens were asked to present The experiences and education of these members re their views before the Committee either individually or at present an excellent cross section of this community. the Public Hearin~ Mr. Tohn Akau, Veteran’s Housing; During all the meetings, we also had present one or more Mrs. Alice Spalding Bowen, Outdoor Circle; Mr. Clinton guest delegates. Childs, Ret. Head, Alexander Settlement; Miss Margaret The following proposals were received and considered Catton, Social Service; Dr. Richard Durant, Medical Socie by this Committee: ty; Mrs. Walter F. Dllhingham, Parks Board; Mr. Carl Flath, 160 JOURNAL DOCUMENTS Business Administrator, Queen’s Hosp.; Mr. M. G. Fox, to take from the people the sense of responsibility that is Acting Director, Dept. of Public Welfare; Dr. F. L. Giles, necessary in developing a strong government The recom Hawaii Terr. Medical Society; Dr. Marcus Guensberg, mended six sentences we submit are necessary and basic in Territorial Hosp.; Mr. George Houghtaiing, Director, City indicating the states’ responsibility in health and welfare, Planning Comm.; Mrs. Margaret D. Hackfield, Mental but so worded that it leaves to the legislature the implemen HygieneSociety; Mrs. Ellen S. Kahanu, Child & Family Serv tation of this concept, without hampering restrictions or ice; Mr. Paul K. Mtho, Social Welfare Assn. of Hawaii; mandating commands. How little or how much the state will Dr. Thomas Mossman, Head City & County Physician; Mr. do depends on the peoples’ desire as expressed through the Ted Nobriga, Director of Recreation; Dr. Forrest Pinkerton, legislature. We recognize that (1) “A given constitution is Medical Society; Mr. Alfred Preis, American Institute of good or bad, according to whether it encourages or impedes Architects; Mr. Tsuneo Tajima, Chairman, Legislative Com. the body politic in its efforts to make those adjustments to of the local chapter, Social Workers; Mr. Thomas Vance, changing social, economic, and political conditions, which Director of Institutions; and Dr. Charles Wilbar, President, are indicated by the application of reason and intelligence to Board of Health. the problems of modern society.” We are also in full agree The committee has also received lengthy communications ment with Tustice Cardozo’s statement, (3) “A Constitution from Mr. A. A. Guild, Executive Director, Hawaii Housing should attempt to state principles of government for an ex Authority. These reports are on file for the information of panding future.” Thin is not accomplished under the simple anyone interested, and are made part of the Constitutional clause statement of “protection and promotion of public report. health” etc. The Committee heard from many well qualified citizens We therefore present for your consideration, the follow from various fields related to the subjects under discussion. ing six sections. Twelve publications from the Chamber of Commerce were received and placed on file for the use of the members of the (A) SECTION. Public Health. The state shall be Committee. These were developed by the post-war health responsible for the protection and promotion of the public committee of the Chamber. The Legislative Reference Bureau health including preventive measures for all its inhabitant was used frequently for source material. Thin section includes all the functions usually covered The Committee unanimously agreed that a State Constitu by a State Board of Health. It is assumed that the state leg tion should indicate the concept of the type of health and wel islature will determine the form of organization which should fare assistance that should be undertaken as far as our pre be used to carry on this function. sent enlightenment permits. (B) SECTION . General Welthse. The state shall In describing these functions of government in relation to have the power fEiiiike adequate provision for the de health and welfare, they tried to make the recommendations velopment of preventive measures for treatment and re very general and to avoid all statutory clauses. They made habilitation as well as domiciliary care for mentally and them as concise as possible without losing content. physically handicapped persons who are unable to provide The Committee accepted the principle of Graves (1) “The such care. work might be viewed as charting the way, as indicating the desirable lines of development in state constitutions.” That this has been a policy in Hawaii for many years was They also agreed with Meller’s (2) suggestion; “We must indicated when Kamehameha IV urged his parliament to independently plan and erect our own constitutional structure, pass legislation to care for the sick in the country. His referring to the experience of other states as well as taking feeling of personal responsibility as head of the government cognizance of Hawaii’s own requirements and shaping our is indicated in his words; “After all, the destitute and the constitution to conform to these indigenous needs.” sick are our brothers and sisters— our lot happier for the Meller also commented on the fact that one purpose of a time being, but our liability to want and suffering the same. constitution is to focus attention on the subjects with which Society makes distinctions broad enough, but strip us of our it deals. And he adds, “Here in Hawaii, the Organic Act will artificial robes and we are one and all equally naked and provide the same functions, but to a more limited extent.” equally exposed to the keen winds of want and the torments He added that for various reasons this will “preclude sole of disease.” reliance upon the Organic Act as furnishing the entire gamut Thin section denotes that in the care of its handicapped, of subjects for consideration in shaping Hawaii’s constitu in line with present day knowledge, confining these unfortu tion.” nates in an institution in not sufficient since the majority The sections, (sentences really) which we recommend, of them, by treatment, can be rehabilitated, sometimes cover five distinct, but separate areas of activity which are without the need of hospitalization. Hence, the suggestion usually accepted as a state responsibility in conserving and of preventive measures is made so that hospitalization may developing natural and human resources. These are well not become necessary. It will also be noted that such care within Graves’ definition, i.e. “the provisions are brief, they at state expense should only be for those people who are will be flexible and elastic, susceptible to adaptation to the unable to provide it. Thin is in keeping with the general changing needs of the people in a rapidly changing society.” philosophy of a free enterprise state that those who are The committee believes also that the function of a state able to take care of themselves should do so and not be de constitution is to indicate these activities in this way rather pendent on the state. than in the few words of the National Constitution, i.e. “The (C) SECTION . Social Security. The state shall Congress shall have power to provide for . . . general wel be authorized to5I~iTh provisions for persons unable to fare of the United States.” maintain a standard of living compatible with decency As this constitution is read in the various states, this and health, in such manner and by such means as may committee believes it is important to indicate that Hawaii be prescribed by law. has adopted the generally accepted principles relating to the health and general welfare of its people. It is in this field Thin section refers to the care of all these persons, at one usually finds the first indication of the “Welfare State” present, depending upon the welfare department, and in or better termed “poor house” state philosophy which tends meant to exclude those who are able to care for themselves. 161 STANDING COMMITTEE REPORT NO. 18 Kamehameha IV expressed it even in his day as follows: Sweden.” Annals, American Academy of Political and “Never close your doors to the hungry through sickness, Social Science, Vol. 197—1938. (4) Mumford, Lewis, City misfortune or wrongs caused.by others, but never help Development, Harcourt, Bruice & Company, N. Y., 1945. those who are too lazy to help themselves.” —May 18, 1950 (D) SECTION . Slum Clearame, Rehabilitation Nils P. Larsen, Richard St. Sure and Housing. The state and its political subdivisions may Chairman Benjamin 0. Wist provide for or assist in slum clearance and rehabilita Frank Y. Kam, Tames K. Yamamoto tion of substandard areas including housing for persons Vice -Chairman Trude M. Akau of low income. H. S. Kawakami Ann H. Corbett The purpose of this section is to give recognition to the Harold S. Roberts George Dowson Teruo Ihara fact that the slums of all crowded areas in the world are the source of much illness, crime and juvenile delinquency, COMMITTEE PROPOSAL NO. 1 all three of which we consider a disease of the political body. RELATING TO HEALTH AND GENERAL WELFARE This is indicated by a quote from the annals of the Ameri RESOLVED, that the following be agreed upon as part can Academy of Political and Social Science (3): “Improve of the State Constitution: ment of housing conditions . . . primarily for the counter action of overcrowding are of vital importance to the ARTICLE community.” And again, “The worst overcrowding affects SECTION . Public Health. The state shall be re the very persons for whom the risks of suffering psychical sponsible foflhrprotection and promotion of the public and physical damages through bad housing conditions are health including preventive measures for all its inhabitants. greatest, namely, small and adolescent children.” And to call attention to the fact that this is a real problem in Ha SECTION . General Welfare. The state shall have wail, Iquote from Lewis Mumford’s (4) book on “City De the power to5~k~ adequate provisions for the development velopment”; “The slums themselves (in Honolulu) are among of preventive measures for treatment and rehabilitation as the filthiest, the most overcrowded, and the most degraded well as domiciliary care for mentally and physically handi in the world; that they are not even viler, when the physical capped persons who are unable to provide such care. conditions are considered, is a tribute to the personalities SECTION. Social Security. The state shall be of their inhabitants.” authorized to make provisions for persons unable to main There are those in each community who, for some reason tain a standard of living compatible with decency and health, or other, are unable to earn the rent for quarters available in such manner and by such means as may be prescribed at current rates. These people tend, therefore, to live in by law. more and more crowded conditions and in more and more dilapidated houses. For the protection of the majority of SECTION. Slum Clearance, Rehabilitation and the people as well as for those unable to provide adequate Housing. The state and its political subdivisions may pro housing, it is necessary for the state to help in the building vide for or assist in slum clearance and rehabilitation of of such needed quarters. It is, therefore, imperative to substandard areas including housing for persons of low allow for the development of legislation to eliminate the en income. vironment that breeds emotional and physical disease. SECTION . Public Sightliness and Good Order. The state shall h~Vitfie power to conserve and develop objects (E) SECTION . Public Sightliness and Good Order. and places of historic and cultural interest and the natural The state shall h~Vithe power to conserve and develop beauty, parks, public highways and beaches. objects and places of historic and cultural interest and the natural beauty, parks, public highways and beaches. SECTION . Powers of the State. The enumeration in this article 6Yi~cified functions shall not be construed as In order to maintain the proper health of a people, it limitations upon the powers of the state government for the is necessary that they shall have available to them parks, good order, health, safety and general welfare of the people. playgrounds, and beaches where everyone may obtain fresh air, sunshine and the opportunity for recreation. Parks, playgrounds, and public beaches are necessary in maintain STANDING COMMITTEE REPORT NO. 17 ing the health and well-being of the people. One purpose of this section is to emphasize that public sightliness is basic Your Committee on Printing to which was referred to the total health program of the community. Standing Com. Rpt. No. 16 and Committee Proposal No. 1, (F) SECTION . Powers of the State. The enumera begs to leave to report that said Report and Proposal have tion in this artici:i~rspecified functions shall not be this day been printed in accordance with the second para construed as limitations upon the powers of the state graph of Rule 47 (c) of this Convention.—May 19, 1950 government for the good order, health, safety and general Charles H. Silva, Chairman welfare of the people. The final clause is designed to prevent the interpretation that the power of the state, in the specific areas relating to STANDING COMMITTEE REPORT NO. 18 health and general welfare, is confined to the preceding five Your Committee on Agriculture, Conservation and Land, sections. - to which was referred Proposal No. 53 entitled: “Lands to Bibliography: (1) Graves, Dr. W. Brooke, What Should be Included in the State of Hawaii,” begs leave to report as A Constitution Contain? Monograph for N. J. Governor’s follows: Committee. (2) Meller, Norman, A Constitution for Ha waii. Report of Legislative Reference Bureau, Hawaii, Inasmuch as the substance of this proposal is the same 1949. (3) Johansson, Alf., “Social Housing Policy in as Proposal 125, referred to the Committee on Misceilane 162 JOURNAL DOCUMENTS ous Matters, which has done a substantial amount of work article Public Finance and Taxation. These sections re thereon, your committee returns herewith said proposal flect the opinion of the Committee on the proper financial with the recommendation that it be referred to said Com organization of the State and will be included in its report mittee on Miscellaneous Matters.—May 23, 1950 for the benefit of and as a guide to the legislature in de fining the duties, authorities and responsibilities of the Herbert M. Richards, Edward B. Holroyde officers mentioned therein.—May 22, 1950 Chairman Teruo Ihara Edward C. Bryan, Harold T. Kido Henry A. White, John! K. Lai Vice-Chairman W. Harold Loper Chairman James K. Yamamoto Marguerite K. Ashford Richard I. Lyman, Yr. Harold W. Rice, Arthur D. Woolaway Alexander Castro Earl A. Nielsen Vice-Chairman Frank Y. Kam Randolph Crossley John B. Phillips C. Nils Tavares Jack Mizuha Flora K. Hayes Chas. A. Rice Herbert M. Richards Chas. A. Rice James K. Trask Sakuichi Sakai Alexander Castro Takao Yamauchi Arthur K. Trask Masao Kanemaru STANDING COMMITTEE REPORT NO. 19 COMMITTEE PROPOSAL NO. 2 Your Committee on Rules and Order of Business to which was referred Petition No. 22, requesting permission RELATING TO PUBLIC FINANCE AND TAXATION to present to this Convention for its consideration a draft RESOLVED, that the following be agreed upon as part of Constitution on its approval by a duly elected and representa the State Constitution: tive body of the International Longshoremen’s and Ware housemen’s Union, begs leave to report its recommendation ARTICLE that the Secretary, in acknowledging receipt of this Petition, SECTION 1. Financial Organization. The financial organ inform the writer as follows: ization of the state shall comprise three major divisions, 1. That the right of submitting proposals resides in the headed respectively by a (1) Commissioner of Finance, (2) delegates to the Convention only and the deadline for pre Treasurer and (3) Commissioner of Taxes, who shall be senting proposals has been duly publicized and has expired appointed by, and be directly responsible to, the Governor, as of May 20, 1950. who may remove them from office without approval of the 2. That however, it is not the policy of this Convention Senate. The appointments of Treasurer and Commissioner to preclude from the consideration of its member delegates of Taxes shall be subject to confirmation by the Senate. any material relating to the Constitution for the State of SECTION 2. Commissioner of Finance. The Commission Hawaii. Accordingly, if sufficient copies are filed with the er of Finance shall be responsible for analyzing the budgets document, the Secretary, if and as requested by the writer, presented by the departments, offices and agencies of the will distribute them among the various committees of the state (except public service enterprises) covering ordinary Convention or the delegates or both.—May 16, 1950 (sic) operating expenses and capital improvements proposed for Cable A. Wirtz, Nelson K. Doi the fiscal period, for consulting with the heads of the de Chairman Trude M. Akau partments, offices and agencies concerning their respective Masao Kanemaru, Toshio Serizawa budgets, for submitting his findings and recommendations Vice-Chairman Samuel K. Apoliona, Jr. to the Governor and thereafter compiling a budget for sub Wm. H. Heen J. Garner Anthony mission by the Governor to the legislature, for effecting periodic allocation of appropriated funds to departments, offices and agencies as directed by the Governor, for ex STANDING COMMITTEE REPORT NO. 19—A amining vouchers to determine the legality of expenditures [Number supplied by editor] before payment, for establishing accounting and purchasing Attached hereto are 18 of 19 sections proposed on Public policies and procedures for all departments, offices and Finance and Taxation which have received the tentative agencies (except public service enterprises) of the state, approval of the Committee on Public Finance and Taxation. and for such other administrative functions as may be pre Section 16—Debt Limitations—which is omitted, is now scribed by law. being worked on by the committee. SECTION 3. Treasurer. The Treasurer shall be re These proposals should not be considered as having by sponsible for the receipt, custody and disbursement of all any means received the final approval of this committee, state funds, for the sale of all state bonds authorized by law but are submitted at this time for the purpose of informing and for such other administrative functions as may be pre the other delegates of the current thinking of the Committee, scribed by law. and in order that we might have the benef it of comments, criticisms, suggestions and recommendations of these other SECTION 4. Commissionei of Taxes. The Commission delegates. er of Taxes shall be responsible for the assessment and A public hearing is scheduled to be held on Thursday, collection of alltaxes imposed by state law, provided the May 25, 1950, at 7:30 p.m., at which time all interested per legislature may delegate to others this responsibility with sons and groups will be given an opportunity to express respect to licenses and fees of departments, offices, agen their views on these tentative proposals within the time cies, public service enterprises or political sub-divisions. available. He shall also assume such other administrative functions Your committee will then redraft the proposals to the as may be prescribed by law. extent necessary and will thereafter, as soon as possible, Financial Control and Procedure submit its final proposals to you. It should be noted that it is not contemplated that the SECTION 5. The Budget— Operating and Capital Expendi first four sections be included in the Constitution under the tures. Within such period of time prior to the opening of STANDING COMMITTEE REPORT NO. 19—A 163 each regular session of the legislature as may be prescrib obligation after the termination of the fiscal year to which ed by law, the Governor shall submit to the legislature a it relates; provided, however, that funds to take care of budget setting forth a complete plan of proposed expendi firm commitments may be carried forward from unexpend tires of all departments, offices and agencies of the state ed balances which would otherwise lapse; and provided for the next ensuing fiscal period, together with all antici further that this restriction shall not apply to any public pated revenues. For the preparation of the budget the service enterprise authorized by law. The Governor shall various departments, offices and agencies shall furnish the have authority to reduce expenditures of state departments, Governor such information, in such form, as he may require. offices and agencies under appropriations whenever antici The Budget shall be compiled in two parts, one of which shall pated revenues fall below the revenue estimates upon which set forth all operating expenses for the ensuing fiscal period the appropriations were based, or when other changed cir and shall be referred to as the General Appropriations cumstances warrant economies, and, through allotments or Budget. The other part shall set forth all expenditures otherwise, to control the rate at which such appropriations proposed for capital improvements to be undertaken during are expended during the fiscal year, provided that the legis said period and shall be referred to as the Capital Improve lature, by resolution concurred in by a majority of all the ments Budget. A General Appropriations Bill to authorize members, may exempt specific appropriations for the leg expenditures proposed under the General Appropriations islative, department from the exercise of this power by Budget and Bills to authorize expenditures proposed under the Governor. the Capital Improvements Budget and for new or additional revenues or for borrowings by which the proposed expendi Taxation tures are to be funded, shall be submitted by the Governor SECTION 12. Powers of Taxation. The power of taxation to the legislature and shall be introduced therein as soon as shall never be surrendered, suspended, or contracted away. practicable after the opening of each session during which the budget is to be considered. SECTION 13. Uniformity of Taxation. Property shall be assessed and taxed under general laws and by uniform rules SECTION 6. Legislative Appropriations Procedure. No and according to the same standard of value; provided this special appropriation bill other than bills to cover the ex requirement shall not preclude the establishment of different penses of the legislature shall be passed until the General rates as applied to different types or classes of payers of Appropriations Bill shall have been enacted, unless the excise taxes, nor the establishment of graduated rates for Governor shall recommend the passage of an emergency net income, inheritance, estate and gift taxes. The lands appropriation or appropriations, which shall continue in and other property belonging to citizens of the United States force only until the General Appropriations Bill shall be residing without this State shall never be taxed at a higher come effective. rate than the lands and other property belonging to residents SECTION 7. Power of Legislature to Alter the General thereof. Appropriations Bill. The legislature may by amendment SECTION 14. Exemption from taxes. Property of the effect adjustments in the General Appropriations Bill pro state, counties and other political subdivisions may be ex vided such adjustments shall not result in increasing the empted from taxation by law. Land and improvements total amount recommended by the Governor. thereon, not held for private or corporate profit and used SECTION 8. Special and Supplementary Appropriations. exclusively for religious workship, for schools and colleges An appropriation for a project not specified in the General or for purposes clearly non-profitable or charitable in Appropriations Bill shall be covered by a separate bill for character, may be exempted from taxation by law. each single object or purpose. Property dedicated to a forest reserve may be exempted by law, provided it is used for purposes not inconsistent SECTION 9. Power of Governor to Alter Appropriations. with such dedication and in the interest of protecting the The Governor may strike out or reduce items in appropria water resources of the state, Property set aside for re tion bills passed by the legislature and the procedure in construction, redevelopment and rehabilitation of obsolete, such cases shall be the same as in the case of the disapprov decadent or blighted areas and the improvements thereon, al of an entire bill by the Governor. may be exempted from taxation by law for such period or SECTION 10. Appropriations for Private Purposes Pro periods of time and upon such terms, conditions and re hibited. No public money or property shall be appropriated strictions as it may prescribe. or used, nor shall any tax be levied either directly or in Property essential to the conduct of a business, together directly, except for public purposes; provided, however, that with the improvements thereon and all of the operations the legislature may make special rants when it can be dem thereof may be exempted from taxation by law for such onstrated that such grants are essential to the maintenance period or periods of time and upon such terms, conditions of the health and welfare standards of the state and that the and restrictions as it may prescribe, if in the judgment of state would be compelled to provide facilities for such pur the legislature such action will serve to encourage new in poses at greater costs if no such grants were made; and dustrial or agricultural development in the state. provided further that expenditures from such rants by the recipients shall be subject to audit by the State Auditor and Credit and Debt Limitations his findings reported to the legislature and the Governor. SECTION 15. Credit. The credit of the state or of any Appropriations of public money or property to support political sub-division thereof shall not in any manner, community efforts in advertising and promoting Hawaii directly or indirectly, be given or lent to or used in aid of shall be deemed to be for public purposes. any individual, association or private corporation. SECTION 11. Expenditure of Money. No money shall be SECTION 16. Debt Limitations. (Under discussion in withdrawn from the Treasury except in accordance with Committee). appropriations made by law, nor shall any obligation for the payment of money be incurred except as authorized by law. SECTION 17. Purchasing Methods. All public purchases No appropriation in itself shall confer authority to incur an made by the government of this State, or any of its sub- 164 JOURNAL DOCUMENTS divisions, shall, so far as practicable, be centralized and Section 3 grants to any citizen protection against loss of made under a system of competitive bidding. the vote and against loss of all other rights and privileges of citizens, unless “by the law of the land,” a phrase derived SECTION 18. Excess Condemnation. The state, or any from the English Petition of Right of 1628. sub-division thereof, appropriating or otherwise acquiring “The law of the land” has been declared by the Supreme property for public use, may, in furtherance of such public Court of the United States to mean nothing more or less use, appropriate or acquire an excess over that actually to than “due process of law,” a phrase also contained in our be occupied by the improvement, where such additional proposed Section 4. acquisition will not result in unreasonably increasing the This clause preserves to the citizen against action by overall cost of condemning the property, and may exchange Congress, against action by the President, and against or sell such excess with such restrictions as shall be ap action by the courts, not only the rights enumerated in propriate to preserve the improvement made. Bonds may the Constitution itself, but also those privileges and be issued to supply the funds in whole or in part to pay for immunities to which he became entitled through the early the excess property so appropriated or acquired; and such adoption and application in America of English law. bonds, when made a lien only against the property so ap propriated or acquired, shall not be subject to the restric Section 4 incorporates the second last clause of the 5th tions or limitations on the amount of the indebtedness of Amendment of the Federal Constitution in granting to all the State or its sub-divisions. persons, (citizens and aliens), protection of life, liberty, and property ualess deprived by “due process of law,” as SECTION 19. Auditor. The legislature shall, by a major defined above in this report, and grants to all persons equal ity vote of all the members in joint session, appoint an protection of the laws. The phrase “equal protection of the auditor who shall hold a certificate as a Certified Public laws” is derived from the 14th Amendment of the Federal Accountant and who shall serve for a period of eight years Constitution where it was designed to prevent a State from and thereafter until a successor shall have been appointed. naking discriminations between its own citizens— “to pre The legislature by two-thirds majority vote of the members vent any person or class of persons from being singled out in joint session may remove the auditor from office at any as a special subject for discriminating and hostile legisla time for cause. It shall be the duty of the auditor to conduct tion.” But as this clause is construed by Federal and State post-audits of all transactions and of all accounts kept by Courts, it does not prevent reasonable, as distinguished or for all departments, offices and agencies of the State from arbitrary, classification so long as all within the class and its political sub-divisions, to certify to the accuracy of are treated alike. Although the “equal protection of the all financial statements issued by the respective accounting laws” clause is unnecessary since the 14th Amendment of officers and to report his findings, criticisms and recom the Federal Constitution specifically requires every State mendations to the Governor and to the legislature at such to grant “equal protection of the laws” to its residents, time or times as shall be prescribed by law. He shall also your committee desired to include it as a reaffirmation of make such additional reports and conduct such other in that protection to the residents of this State. vestigation of the State, or its political sub-divisions, as Section 5 incorporates the first clause of the 1st Amend may be directed by the legislature. ment of the Federal Constitution. Section 7 incorporates the second clause of the 1st Amendment of the Federal Constitution. STANDING COMMITTEE REPORT NO. 20 Section 8 incorporates the 4th Amendment of the Federal Your Committee on Bill of Rights presents for your con Constitution. sideration the final draft of its recommendations on 22 Section 9 incorporates the first three clauses of the 5th sections to be written into the Article containing the Bill of Amendment of the Federal Constitution. Rights from proposals assigned to it under the rules of the Section 11 incorporates the 6th Amendment of the Federal Convention. Constitution. The Article is identified by the general heading “Bill of Section 12 incorporates the 8th Amendment of the Federal Rights,” numbered by sections, and marked Exhibit “A” Constitution with an additional sentence with reference to [Committee Proposal No. 3], which is attached hereto and the detention of wituesses. made a part hereof. The committee still has three sections Section 13. In recommending the adoption of Section 13, under consideration and will report on same at a later date. it should be made clear that it was not the intent of the The committee in submitting this report desires to in- committee to prevent the imprisonment of any individual corporate as part of this document Exhibits ito 34, which who was fined by any Court for the violation of a criminal are attached hereto and made a part hereof. statute or for contempt of court and who was unable to pay Section 1 carries the thought that the government is “we, the fine for the criminal violation or contempt. It was the the people” and that any failure of government becomes the intention of the committee that the exemption of a reason responsibility of the people. It tends to discourage the be able amount of private property from seizure or sale for lief of many that the state is a kind of ~iry god-mother and payment of any debt or liability should be determined by emphasizes the American democratic idea that all govern the state legislature. ment authority is in “the people.” Section 14 incorporates the second section of Section 9 Section 2 the terminology of this section has been modern of Article 1 of the Federal Constitution. ized to carry in words what the original wording “all men Section 15 incorporates the 2nd Amendment of the Feder are born free and equal” has come to mean. al Constitution. In adopting this language, it was the inten The inalienable rights the committee believes should in tion of the committee that the language should not be con dude “the right of acquiring and possessing property” since strued as to prevent the state legislature from passing that not only helps to increase the individual’s happiness, legislation imposing reasonable restrictions upon the right but tends to make a more stable state which is the best of the people to keep and bear arms. assurance of keeping the citizens free from “political op Section 16 incorporates the 3rd Amendment of the Feder pression.” al Constitution. STANDING COMMITTEE REPORT NO. 20 165 Section 17 incorporates the promise that the military SECTION 3. No citizen shall be disfranchised, or de power of any state shall always be in strict subordination prived of any of the rights or privileges secured to other to the civil power and subject to the control of the repre citizens, unless by the law of the land. sentatives of the people at the state legislature. SECTION 4. No person shall be deprived of life, liberty, Section 18 incorporates Section 3 of Article III of the or property without due process of law, nor be denied the Federal Constitution. equal protection of the laws. Section 19 incorporates the last clause of the 1st Amend SECTION 5. No law shall be passed respecting the es ment of the Federal Constitution. tablishment of religion, or prohibiting the free exercise Section 21 was intended to eliminate any irrevocable thereof. grant of special privileges or immunities by the State legis lature that may prevent the power of the State to act on be SECTIONS. No citizen shall be denied enlistment in any half of the general welfare of the people of the State. military organization of this State nor be segregated there Section 22 was intended to prevent the legislature from in because of religious principles, race, color, ancestry, passing any law that will prevent intermarriages between or national origin. individuals who are of different race, nationality, creed No person shall be denied the enjoyment of his civil or religion. rights, nor be discriminated against in the exercise of his Section 23 incorporates the last paragraph of the 5th civil rights, because of religious principles, race, sex, Amendment of the Federal Constitution. ancestry, or national origin. Section 24. The purpose of this section in to clarify in regard to all the rights guaranteed, the limits of their en SECTION 7. No law shall be passed abridging the free joyment. This has been done by court decision on the rights dom of speech or of the press. of assembly and freedom of speech. SECTION 8. The right of the people to be secure in Your committee feels that all rights guaranteed are their persons, houses, papers, and effects, against unreason subject to the same restraints for the good of the community able searches and seizures, shall not be violated; and no and State; that they are designed to preserve liberty and warrants shall issue, but upon probable cause, supported not to permit license; and that the protection of the Consti by oath or affirmation, and particularly describing the place tution should not be a shield for extravagant and vicious to be searched, and the person or things to be seized. conduct which would constitute, in its essence, an attack upon organized society. SECTION 9. No person shall be held to answer for a Section 25 represents a general statement reserving to capital, or otherwise infamous crime, unless on a present the people those rights and privileges not specifically en ment or indictment of a Grand Jury, except in cases arising umerated in the Bill of Rights and to prevent any interpre in the land or naval forces, or in the militia, when in actual tution by the courts that because certain rights and privi service in time of war or publlc danger, nor shall any per legés were not specifically enumerated, it was intended to son be subject for the same offense to be twice put in jeop deny them to the people. ardy of life or limb, nor shall any person be compelled in any criminal case to be a witness against himself. Jack H. Mizuha, W. 0. Smith Chairman James K. Trask SECTION 10. Jury trial. In suits at common law where Herbert K. H. Lee, Edward C. Bryan the value in controversy shall exceed one hundred dollars, Vice-Chairman J. PiaCockett the right of trial by jury shall be preserved; however, the Earl A. Nielsen Edward B. Holroyde legislature may provide for a verdict by not less than three- Frank C. Luiz H. S. Kawakami fourths of the members of the jury. Charles H. Silva Katsumi Kometani No person shall be disqualified to serve as a juror be Steere G. Noda cause of sex. Nils P. Larsen—With objections to deleting sentence on SECTION 11. In all criminal prosecutions, the accused obligation in Sec. 2 and lack of explanation of meaning shall enjoy the right to a speedy and public trial by an im of certain proposal. partial jury of the judicial circuit wherein the crime shall Elizabeth B. Kellerman—With objection to excluding of have been committed, which judicial circuit shall have been sentence on obligation in Sec. 2 and objection upon the previously ascertained by law; or of such other judicial history of section. circuit to which the prosecution may be removed with the consent of the accused in accordance with law; to be inform COMMITTEE PROPOSAL NO. 3 ed of the nature and cause of the accusation; to be confront ed with wituesses against him; to have compulsory process RELATING TO BILL OF RIGHTS for obtaining witnesses in his favor, and to have the assist RESOLVED, that the following be agreed upon as part of ance of counsel for his defense. the State Constitution: SECTION 12. Excessive bail shall not be required, nor ARTICLE excessive fines imposed, nor cruel or unusual punishments inflicted. SECTION 1. All political power of this State and the responsibility for the exercise thereof is inherent in the SECTION 13. There shall be no imprisonment for debt. people and all government herein is founded on this author SECTION 14. The privilege of the writ of habeas corpus ity. shall not be suspended, unless when in cases of rebellion or SECTION 2. All persons are by nature free and are invasion the public safety may require it. equal in their inherent and inalienable rights, among which The power of suspending the laws, or the execution of are those of enjoying life, liberty and the pursuit of happi the laws, shall never be exercised except by the legislature, ness and the right of acquiring and possessing property. or by authority derived from it, to be exercised in such These rights cannot endure unless the people recognize particular cases only as the legislature shall expressly corresponding obligations and responsibilities. prescribe. 166 JOURNAL DOCUMENTS SECTION 15. A well regulated State Militia being nec - ARTICLE____ essary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. SECTION . Since the Communist Party is not a political pari~ii5iif is in fact a conspiracy to destroy SECTION 16. No soldier or member of the State Militia governments of free men, ft is hereby declared ouilawed, shall, in time of peace, be quartered in any house, without and, the legislature shall prescribe laws therefore. the consent of the owner or occupant, nor in time of war, except in a manner prescribed by law. Your Commfttee finds that this Proposal No. 195 does not belong to this commfttee and therefore ft is the recom SECTION 17. The military power shall be in strict sub mendation of this commfttee that the Convention refer this ordination to the civil power. proposal to the Commfttee on Ordinances and Continuity SECTION 18. The right of the people peaceably to assem of Law, or to a special commfttee to consider this vital ble, and to petition the government, or any department there proposal which is styled, according to an amendment there of, shall never be abridged. to, to conform with the new amendment adopted by the Senate Interior and Insular Affairs Committee, to H. R. 49. SECTION 19. The power of the State to act in the general —May 24, 1950 welfare shall never be impaired by the making of any irrevo cable grant of special privileges or immunities. Sack H. Mizuha, Elizabeth R. Kellerman Chairman 3. PiaCockett SECTION 20. private property shall not be taken for Herbert K. H. Lee, Earl A. Nielsen public use without just compensation. Vice-C hair man W. 0. Smith SECTION 21. The enumeration of rights and privileges Steere G. Noda Ed. Bryan shall not be construed to impair or deny others retained by lames K. Trask Katsumi Kometani the people.—May 24, 1950 H. S. Kawakami Charles H. Silva Frank C. Luiz E. C. Holroyde STANDING COMMITTEE REPORT NO. 21 STANDING COMMITTEE REPORT NO. 24 Your Committee on Printing to which was referred Standing Com. Rpt. No. 20 and Committee Proposal No. 3, The Committee on Bill of Rights presents for your con begs leave to report that said Report and Proposal have sideration the final draft of its recommendations on two this day been printed in accordance with the second para additional sections to be wrftten into the article containing graph of Rule 47 (c) of this Convention. —May 24, 1950 the Bill of Rights from proposals assigned to ft under the rules of the Convention1 Charles H. Silva, Chairman The two sections numbered Sections 6 and 10 [Commit tee Proposal No. 4], which is attached hereto and made a part hereof. The committee still has one section under con STANDING COMMITTEE REPORT NO. 22 sideration and will report on same at a later date. Section 6 is divided into two sections. The first section Your Committee on Submission and Information to which provides that no cftizen shall be denied enlistment in any was referred Res. No. 17 and No. 18, begs leave to report military organization of this state nor be segregated there as follows: in because of religious principles, race, color, ancestry or Res. No. 17 and No. 18 request Hawaii’s Delegate to Con national origin. In providing for this clause, it is the inten gress to introduce legislation in the Congress of the United tion of the committee that this provision in the Constitution States to amend Section 4 of Act 334 of the Session Laws of should not be construed as preventing the Legislature of Hawaii of 1949, so as to eliminate such provisions and pro the State of Hawaii in creating any military organization vide the means for accomplishing this purpose. from authorizing such organization to adopt such rules and In view of pending legislation, now before the Congress regulations relative to age, health and other qualifications of the Unfted States (H. B. 49 amended), your committee for enlistment or to deny enlistment on the basis of security does not favor the adoption of Res. No. 17 and No. 18, and, to this state and to the nation. therefore, recommends that they be filed. The second clause of Section 6 was adopted with the Furthermore, your committee feels that if H. R. 49 does understanding that there was a difference between citizens not pass, that it will be necessary and advisable to follow and aliens with reference to the scope or extent of civil Act 334 in order to get the necessary funds to complete rights that they may enjoy in the future State of Hawaii. submission to, and ratification by the people, of the Consti However, ft was felt that there should be no denial of the tution for the future State of Hawaii.—May 24, 1950 enjoyment of whatever rights persons are entitled to in the Randolph C rossley, Frank C. Luiz future State of Hawaii on the basis of religious principles, Chairman Richard S. Lyman, Sr. race, sex, color, ancestry or national origin. Likewise, Hebden Porteus on the clause providing for non-discrimination in the exer 3. Garner Anthony Marguerfte K. Ashford Chas. A. Rice cIse of civil rights, it was felt that whatever civil rights Harold S. Roberts persons were entitled to, that there should be no discrimina C. E. Kauhane Samuel W. King Thos. T. Sakakihara tion against them in the exercise of their rights on the basis Arthur D. Woolaway mentioned. It must be made clear that the denial of the en Nils P. Larsen joyment of civil rights and discrimination in the exercise of civil rights of individuals are~placed merely on the basis STANDING COMMITTEE REPORT NO. 23 of religious principles, race, sex, color, ancestry and nation al origin, and that nothing herein should be construed as to Your Committee on Bill of Rights respectfully begs provide such reasonable classifications and regulations on leave to report as follows on Proposal No. 195, which reads the part of the state that would be conditions precedent for as follows: the enjoyment and exercise of their civil rights. STANDING COMMITTEE REPORT NO. 27 167 The second section of Section 6 is in conformity with of the State) shall continue in effect as laws relating to the the amendment by the Senate Interior and Insular Affairs lands owned by or under the control of the State, subject to Committee on May 22, 1950, which amended H. R. 49 to amendment or repeal by the Legislature, except as other read as follows: wise provided in this Constitution. The constitution must be republican in form and make SECTION . Wherever in the laws of the State re no distinction in civil or political rights on account of ference is midiTo any such Act of Congress or other land race, color, or sex. law, the same shall be deemed to refer to the laws continu ed in effect by section 1, and wherever in the laws of the Section 10 provides for the right of trial by jury in all State reference is made to any board or officer of the Terri civil and criminal matters. It recognizes the provision for tory having the management or disposition of or other func - deciding the issue of mental incompetency without a jury that tion relating to said lands, the same shall be deemed to re is now foilowed in the Territory of Hawaii.—May 24, 1950 fer to the board or officer succeeding to such powers, Jack H. Mizuha, Katsumi Kometani duties and functions, except as the Congress may have Chairman Steere G. Noda otherwise provided with respect to lands owned by the Unit Herbert K. H. Lee, Nils P. Larsen ed States in the control of the State. Vice-Chairman Earl A. Nielsen Edward C. Bryan Frank C. Luiz STANDING COMMITTEE REPORT NO. 26 3. Pta Cockett Charles H. Silva Edward B. Hoiroyde W. 0. Smith Your Committee on the Hawaiian Homes Commission H. S. Kawakami James K. Trask Act, to which was referred Proposal No. 51, entitled: “Proposal Relating to Hawaiian Homes Commission Act,” COMMITTEE PROPOSAL NO. 4 introduced by Delegates Flora K. Hayes, Ann H. Corbett, ARTICLE. BILL OF RIGHTS Samuel K. Apoliona, Ir., and Charles E. Kauhane, begs leave to report as foilows: SECTION 6. No citizen shall be denied enlistment in The purpose of this proposal is to delete from subpara any military organization of this State nor be segregated graph (f) of Section 213 of the Hawaiian Homes Commission therein because of religious principles, race, color, ances Act, 1920, the provisions relating to the time and manner try, or national origin. in which the Hawaiian Homes Commission shail submit its No person shall be denied the enjoyment of his civil budget as those provisions now read and to substitute in rights, nor be discriminated against in the exercise of his lieu thereof language appropriate for a state government. civil rights, because of religious principles, race, sex, The present provisions of Section 213 (f) require sub color, ancestry, or national origin. mission to a Territorial Director of the Bureau of the Budget SECTION 10. The right of trial by jury shall remain in- on or before November 15 preceding the biennial session of violate. The Legislature may authorize the trial of the the Territorial Legislature, and contains other provisions issue of mental incompetency without a jury. based upon a Territorial system of government. This lan guage obviously must be amended to fit the proposals adopt ed for the State of Hawaii with relation to budget procedure STANDING COMMITTEE REPORT NO. 25 and State departmental practice. The proposal is in the form of an ordinance and your Your Committee on Agriculture, Conservation and Land Committee therefore recommends that it be approved in herewith submits committee proposal entitled “Proposal principle and referred to the Committee on Ordinances and Relating to the Continuation of the Land Laws” with the re Continuity of Law for approval as to form only.—May 26,1950 commendation that the same be referred to the Committee on Ordinances and Continuity of Law. Flora K. Hayes, Peter Kawahara It is obvious that during the interval between the time Chairman Richard Lyman, Jr. Hawaii becomes a State and the actual execution and delivery 3. Pia Cockett, Chas. A. Rice of the necessary documents for the securing of our lands Vice-Chairman C.. E. Kauhane from the United States, some continuity of law and adminis Samuel K. Apoliona, Jr. Arthur K. Trask tration should exist. Your Committee has therefore prepared this proposal STANDING COMMITTEE REPORT NO. 27 and feels that its consideration should be a part of the func tions of the Committee on Ordinances and Continuity of Law. Your Committee on Local Government is of the unanimous —May 25, 1950 opinion that its Committee Report should be submitted in Herbert M. Richards, Chairman two parts. Therefore, your Committee on Local Government begs leave to present Part I of its Report, as attached. COMMITTEE PROPOSAL NO. 5 Your Committee on Local Government asks for extension of time for a period of one week, at which time the Commit RELATING TO THE CONTINUATION OF THE LAND LAWS tee will present Part II of its Report.—May 26, 1950 RESOLVED, that the following be agreed upon as part C. E. Kauhane, Chairman of the State Constitution: ARTICLE PAPT I SECTION . The laws of Hawaii relating to the lands Your Committee on Local Government is composed of in the possession, use and control of the Territory, as the following 15 members: Charles E. Kauhane, Chairman, amended, modified or supplemented by Acts of Congress Samuel K. Apollona, Tr., Vice-Chairman, Matsuki Arashiro, (which said Actu of Congress are hereby adopted as laws Ann H. Corbett, Nelson K. Doi, Edward B. Holroyde, Frank 168 JOURNAL DOCUMENTS Y. Kam, Katsumi Kometani, Tohn R. Phillips, Harold A. operating funds for 1948, 1949, and 1950. (9) Request No. Rice, Herbert M. Richards, Sakuichi Sakai, Thomas T. 1212— Legislative Reference Bureau memorandum on Sakakthara, Toshio Serizawa, and Richard St. Sure. problems of local government. (10) Problems in creating The Committee was presented with nine Proposals, two a county submitted by Delegate Cable A. Wirtz. Resolutions, 12 Petitions, and one Standing Committee Re C. E. Kauhane, Edward B. Holroyde port. Chairman Richard St. Sure A. Proposals: No. 88, pertaining to local government Samuel K. Apoliona, Jr. Thos. T. Sakakthara for the creation of political subdivision by the Legislature, Ann H. Corbett HaroldW. Rice etc. No. 94, prohibition on the Governor to appoint officers Nelson K. Doi Herbert M. Richards and officials in local county administrations. No. 111, per Sakuichi Sakai Matsuki Arashiro taining to local goternment for the creation of political subdivisions• by the Legislature and a prohibition on the Legislature to appoint officers and officials in local county STANDING COMMITTEE REPORT NO. 28 administrations. No. 115, same as No. 111. No. 153, re lating to local government. No. 167, relating to home rule. Your Committee on Printing to which was referred No. 186, relating to counties. No. 187, relating to local Standing Com. Rpt. No. 24 and Committee Proposal No. 4, government. No. 188, relating to counties. begs leave to report that said Report and Proposal have B. Resolutions: No. 22, requesting careful considera this day been printed in accordance with the second para tion in making Lanai a separate County. No. 37, inviting graph of Rule 47 (c) of this Convention. —May 26, 1950 the Executive Chairman of the Board of Supervisors of the County of Maui to appear before this Convention to present Charles H. Silva, Chairman additional information on the subject of creating a separate county government for the Island of Lanai. C. Petitions: Lanai Rifle and Pistol Club, Lanai Ed STANDING COMMITTEE REPORT NO. 29 ucation Association, West Kauai Lions Club, Lanai City Lions Club, Lanai Republican Precinct Club, Lanai Young Your Committee on Industry and Labor to which was re Buddhist Association, Lanai Koele Flying Club, Lanai Civil ferred Proposal No. 37, relating to the eight hour thy on Air Patrol, Lanai Veterans Club, Lanai AJA Club, Lanai public works, No. 38, relating to minimum wage laws for Parent-Teachers Association, Lanai Social Club. women and minors, and No. 46, relating to qualifications D. Standing Committee Report: No. 13, recommending for domestic stockholders, begs leave to report as follows: the referral of Proposal No. 94 to the Committee on Local Government. It was unanimously agreed that these proposals are legis Number of Meetings: The Committee held eight meet lative matters and that they should not be included in the ings; three night meetings and five thy meetings, usually of Constitution. two or three hours duration. Your Committee, therefore, returns these proposals with the recommenthtion that they be placed on file. Persons and Organizations appearing before the Commit —May 27, 1950 tee: Mr. Paul K. Keppeler, Controller, City and County of Honolulu; Mr. C. F. Leicester, President of Lanai Residents’ Chuck Mau, Randolph Crossley Committee for Self-Government; Mr. M. G. Monroe, rep Chairman Nils P. Larsen resenting Lanai Resdents’ Committee for Self-Government; Tames F. Gilliland, Frank C. Luiz Mr. D. B. Billings, representing Lanai Residents’ Commit Vice-Chairman Earl A. Nielsen tee for Self-Government; Mr. Tames Dyson, representing Matsuki Arashiro Harold S. Roberts Lanai Residents’ Committee for Self-Government; Mr. Edward C. Bryan W. 0. Smith Frederick Ohrt, Superintendent, Board of Water Supply, Henry A. White Honolulu; Mr. Michiro Watanabe, Deputy Attorney General; Mr. Suyeki Okumura, Acting City and County Attorney; Mr. STANDING COMMITTEE REPORT NO. 30 Eddie Tam, Executive Chairman of the Board of Supervis ors of Maui County; Mr. K. M. Ahana, Auditor, County of Your Committee on Suffrage and Eloctions, to which was Kaual. referred Miscellaneous Communications No. 88 entitied: Public Hearings: The Committee held one public hear “A Constitutional Proposal— State Constitution Can Curb ing at which approximately 300 people were present, and at Reds by Defining Political Parties,” attached hereto, begs which time representatives from the Lanai Residents’ leave to report as follows: Committee for Sell-Government presented their views. Your C ommittee finds that said communication does not Written Information Submitted to Committee: (1) Pro belong to this Committee and therefore it is the recommend posed Budget and Appropriation Ordinance of City and ation of this Committee that the C onvention refer said com County of Honolulu, 1950, submitted by Controller, Paul munication to the Committee on Ordinances and Continuity K. Keppeler. (2) Memorandum of Paul K. Keppeler, Con of Law.—May 31, 1950 troller, City and County of Honolulu, April 26, 1950. (3) Katsumi Kometani, I. Pia Cockett County of Kauai Budget for 1950. (4) Statement showing Chairman Ann H. Corbett divisional real property tax rates and assessments as com Trude M. Akau, James F. Gihiland pared to divisional assessments based on an average terri Vice-Chairman H. S. Kawakami torial rate, submitted by the office of the Territorial Tax Sakuichi Sa.kai Commissioner. (5) Lanai’s case for county status and voice in the Legislature. (6) The Lanai residents’ Committee STANDING COMMITTEE REPORT NO. 31 for Self-Government. (7) Public utilities tax submitted by City and County of Honolulu Controller’s Office. (8) City Your Committee on Rules and Order of Business to which and County of Honolulu detailed statement of revenues of was referred Proposal No. 49, relating to a permanent 169 STANDING COMMITTEE REPORT NO. 33 written record of Convention and Legislative proceedings, grant fee simple title to the homesteaders under said act, begs leave to report that after due consideration it feels offered by Delegates Marguerite K. Ashford and Harold W. that the purpose and substance of this proposal, insofar as Rice. the record of the proceedings of this Convention is concern The following petitions were referred to this Committee: ed, has been taken care of under Rules 7 and 10, and that Petition No. 4, petitioning the exclusion from the pro no further action is necessary. posed State Constitution of all reference to the Hawaiian Your committee further feels that, insofar as this pro Homes Commission Act, 1920, as amended, signed by 122 posal relates to a permanent written record of Legislative persons. proceedings, that it should be referred to and considered Petition No. 8, petitioning the exclusion from the pro by the Committee on Legislative Powers and Functions in connection with Proposal No. 16 now under consideration posed State Constitution of all reference to the Hawaiian Homes Commission Act, 1920, as amended, signed by 94 by that committee. persons. Accordingly it is the recommendation of your Committee Petition No. 9, petitioning the exclusion from the pro that Proposal No. 49, insofar as it refers to Legislative posed State Constitution of all reference to the Hawaiian proceedings, should be referred to the Committee on Legis Homes Commission Act, 1920, as amended, signed by 100 lative Powers and Functions and that, insofar as it refers persons. to the record of this Convention, Proposal No. 49 be placed Petition No. 10, petitioning the Senate of the Congress on file.—May 31, 1950 of the United States and its Committee on Interior and In Cable A. Wirtz, Samuel K. Apoliona, Tr. sular Affairs to amend H. B. 49 by deleting Section 3 there Chairman Wm. H. Heen of relating to the Hawaiian Homes Commission Act, 1920, Masao Kanemaru, Trude M. Akau as amended, signed by 81 persons. Vice-Chairman Toshio Serizawa Petition No. 11, petftioning the Senate of the Congress of Charles H. Silva Nelson K. Doi the United States and its Committee on Interior and Insular T. Gamer Anthony Affairs to amend H. B. 49 by deleting Section 3 thereof re lating to the Hawaiian Homes Commission Act, 1920, as STANDING COMMITTEE REPORT NO. 32 amended, signed by 125 persons. Petition No. 12, petitioning the exclusion from the pro Your Committee on Suffrage and Elections, to which was posed State Constitution of all reference to the Hawaiian referred Proposal No. 70 entitled: “A Proposal Establish Homes Commission Act, 1920, as amended, signed by 91 ing Bribery as Disqualification for Office Holding,” begs persons. leave to report as follows: Petition No. 13, petftioning the exclusion from the pro Your committee feels that the consideration of said pro posed State Constitution of all reference to the Hawaiian posal should be a part of the functions of the Committee on Homes Commission Act, 1920, as amended, signed by 27 Legislative Powers and Functions and, therefore, recom persons. mends that said proposal be referred to the Committee on Petition No. 20, protesting any measures or resolutions Legislative Powers and Functions for its consideration. that would do away wfth the Hawaiian Homes Commission, —May 31, 1950 and urging the continuance of the Hawaiian Homes project, signed by 31 homesteaders of Molokai. Katsumi Kometani, Ann H. Corbett Petition No. 21, petitioning that provision be made in the Chairman 3. Pta Cockett proposed State Constitution, as a compact with the United Trude M. Akau, H. S. Kawakami States, for the adoption as a law of the State of Hawaii the Vice-Chairman Sakuichi Sakai Hawaiian Homes Commission Act, 1920, as amended, signed by 10,033 persons. The Committee also received many miscellaneous com STANDING COMMITTEE REPORT NO. 33 munications from individuals and organizations, all favoring the inclusion of the Hawaiian Homes Commission Act in the Your Committee on the Hawaiian Homes Commission proposed State Constitution. Act begs leave to report as follows: After careful consideration of all the above proposals, The following proposals were referred to this Commit resolutions, petitions and communications, your Committee tee: makes the following recommendations: Proposal No. 51, relating to Hawaiian Homes Commis 1. That the Committee favors the provisions of Proposal sion Act, introduced by Delegates Flora K. Hayes, Ann H. No. 52 wfth certain amendments and submits herewith a Corbett, Samuel K. Apoliona and Charles E. Kauhane. Committee Proposal for introduction on the subject matter Proposal No. 52, relating to Hawaiian Homes Commis contained in said proposal. The Committee recommends sion Act, introduced by Delegates Flora K. Hayes, Ann H. that Proposal No. 52 be placed on file. Corbett, Samuel K. Apoliona and Charles E. Kauhane. 2. That Proposal No. 156 be placed on file. Proposal No. 156, relating to an ordinance on the Ha 3. That Res. No. 19 and Res. No. 21 be placed on file. waiian Homes Commission Act, introduced by Delegate 4. That Petition No. 10 and Petition No. 11 be placed Clarence Y. Shimamura. on file. The following resolutions were referred to this Commit 5. That Petitions Nos. 4, 8, 9, 12, 13, 20 and 21 and the tee: miscellaneous communications received by the Committee be placed on file. Portions of Res. No. 19, requesting the Congress to 6. Proposal No. 51 has been separately reported on by Amend H. R. 49, and then to enact said bill, offered by your Committee. Delegate Marguerite K. Ashford. Res. No. 21, requesting the Congress to repeal the Ha Your Committee has held eight meetings on the matters waiian Homes Commission Act, 1920, as amended, and to within its jurisdiction. It has had the active assistance of 170 JOURNAL DOCUMENTS Miss Rhoda Lewis, Deputy Attorney General, Mr. Dan Ainoa, ject to amendment or repeal only with the consent of the Executive Secretary of the Hawaiian Homes Commission, United States, and in no other manner: Provided, That and Mr. Victor Houston, Chairman of the Hawaiian Homes (1) sections 202, 213, 219, 220, 222, 224, and 225 and Commission. In addition, your Committee held public hear other provisions relating to administration, and para ings on the proposals and resolutions before it at Keaukaha graph (2) of section 204, sections 206 and 212, and other on May 11th, Honokaa on May 12th, Waimea on May 12th, provisions relating to the powers and duties of officers Hoolehua on May 13th, and Honolulu on May 18th. Your other than those charged with the administration of àaid Committee believes that it has gone into the questions be Act, may be amended in the original constitution or in fore it thoroughly and with full opportunity for all interest the manner required for ordinary State legislation, but ed persons to be heard. The public hearings were all well the Hawaiian home-loan fund and the Hawaiian home- attended, and the Committee has had the benefit of the views development fund shall not be reduced or impaired, and of almost every person in the Territory of Hawaii who is the encumbrances authorized to be placed on Hawaiian informed on the subject of the Hawaiian Homes project. home lands by officers other than those charged with the The Hawaiian Homes Commission Act, 1920, as amended, administration of said Act shall not be increased, except is presently part of the basic law of the Territory of Hawaii, with the consent of the United States; (2) that any amend- on the same basis as the Hawaiian Organic Act. It is an amendment to increase the benefits to lessees of Hawaii act of Congress, and can only be amended or repealed by an home lands may be made in the original constitution Congress. If Hawaii were to remain a Territory, the Ha or in the manner required for ordinary State legislation waiian Homes Commission Act would remain in force. If but the qualifications of lessees shall not be changed ex Hawaii were to become a State without any mention t~eing cept with the consent of the United States; and (3) that made of the Hawaiian Homes Commission Act or the Ha all proceeds and income from Hawaiian home lands, waiian Homes lands in the State Constitution, or in any en shall be available to said State for use in accordance abling act passed by Congress, there would be an extremely with the terms of said Act. ambiguous legal situation leading to endless confusion. We could no more adopt a Constitution from which all reference H. R. 49 passed the United States House of Representa to the Hawaiian Homes Commission Act was excluded, than tives with the quoted language included. According to re we could adopt a Constitution from which all reference to the cent news reports from Washington, D. C., the Senate Com public debt of the Territory of Hawaii was excluded. During mittee on Interior and Insular Affairs has already consider some 30 years of operations under this Act, very extensive ed amendments to H. R. 49 and has made certain amend rights, duties, privileges, immunities, powers and disabili ments, none of which change or affect the quoted language. ties have arisen by way of leases, loans, contracts and There is every reason to believe, therefore, that H. R. 49 various other legal relationships. as finally enacted will contain thin requirement. If for any According to the records of the Hawaiian Homes Com reason H. R. 49 should fail to be enacted into law, we have mission, as of December 31, 1949 there were 1,337 lessees before us nevertheless the clear intent of Congress that any of Hawaiian Homes lands, with leases covering 8,064 acres constitution for the proposed State of Hawaii shall provide and a total population on such lands of 6,517 people. Five for the continuation of the Hawaiian Homes program, and thousand four hundred and eighty acres of these lands were even the exact language which would be acceptable to the planted in pineapples under contracts to several corpora Congress in accomplishing thin purpose. tions, domestic and foreign. In addition, 103,150 acres Proposal No. 52 is a recognition of this anticipated man were under lease through the Commissioner of Public Lands date by the Congress. As introduced, it comprised three to private individuals. The Hawaiian Homes Commission sections. The first section adopts the Hawaiian Homes Com. had out on loans to lessees the sum of $1,100,099.74 as of mission Act, 1920, as amended, as a law of the State and December 31, 1949. Recalling of land from the Commission the language of H. R. 49 with such paraphrases as were er of Public Lands, subdivinion and developing of lands, necessary to fit it into a state constitution and to provide construction of improvements, and promotion of private for the contingency that this language of H. R. 49 might be enterprises by lessees are all activities presently engaged amended in some details. The second section accepted the in by the Hawaiian Homes Commission which are in various compact with the United States as a compact or as a trust stages of completion and promotion. and agreed to carry out the spirit of the Hawaiian Homes It is therefore nonsense to propose, as some of the peti project. The third section prohibited any legislation con tions referred to this Committee have proposed, that this flicting with the provisions or purposes of the first two Convention exclude from the proposed State Constitution all sections. reference to the Hawaiian Homes Commission Act, 1920, Your Committee amended the first two sections of the as amended. Something must be said and done about the proposal in certain technical aspects without changing their Hawaiian Homes program in the transition from a Territory basic purpose and deleted the third section as unnecessary. to a State. The amended form of Proposal No. 52 submitted herewith will comply with any requirement of the Congress as pre In recognition of this problem, the Hawaii Statehood Com sently discernible and will accomplish the purposes desired mission recommended, and H. R. 49, now pending in the under H. R. 49 as that bill now reads. United States Senate, now contains a provision that any con Proposal No. 156 seeks to accomplish this éame purpose vention formed under the provisions of H. B. 49 to draft a by way of an ordinance instead of by way of incorporation State Constitution: directly into the State Constitution as a part thereof. Your shall provide in said constitution: Committee considered this alternative approach carefully and decided to adopt the method of Proposal No. 52 instead. Your Committee’s task, therefore, has been clear cut Sixth. That, as a compact with the United States re from the beginning. It has not even been a legitimate matter lating to the management and disposition of the Hawaii for debate whether the Hawaiian Homes Commission Act an home lands, the Hawaiian Homes Commission Act, should be continued in force. Congress required that’this 1920, as amended, is adopted as a law of said State, sub- be done as a condition of achieving statehood, and has sup- STANDING COMMITTEE REPORT NO. 33 171 plied the outline of the language it will accept in the ac ence of the Hawaiian Homes Commission Act, 1920. The complishment of this requirement. arguments raised against the Act have been as follows: Nevertheless, in view of the offering of Res. Non. 19 and 1. It in unconstitutional. 21 asking the Congress to permit the liquidation of the Ha 2. It in discriminatory. waiian Homes program, and of the receipt of several peti 3. The Hawaiian Homes program is a failure. tions obviously intending the same result if somewhat in- 4. It in time to liquidate the Hawaiian Homes program. artistically worded, your Committee did go into the history, 5. A majority of the people of Hawaii are opposed to purpose and philosophy of the Hawaiian Homes project in the Act. order to determine the desirability of its continuance on the remote possibility that Congress might accept a State Con The question of the constitutionality of the Act was con stitution which provided for the termination of the Hawaiian sidered at the time of its original introduction. The attorney Homes project. general of Hawaii, the solicitor of the Department of Interi The Hawaiian Homes program was conceived in Hawaii or, and the Congress were satisfied that the Act is constitu and officially proposed to the United States Congress by tional. These opinions are as valid today as they were then. Senate Concurrent Res. No. 2 of the Regular Session, 1919, The Act in not discriminatory. It is a very progressive Tenth Legislature, Territory of Hawaii. The Resolution piece of legislation designed to aid an aboriginal people to petitioned the Congress survive the sudden impact of a new and highly complex civilization on their lives. It was passed to meet a very to make such amendments to the Organic Act of the real problem and the fact that thin problem is not apparent Territory of Hawaii, or by other provisions deemed today is the best evidence that the Act is succeeding in its proper in the premises, that from time to time there purpose. In some of the Polynesian areas, Western govern may be set aside suitable portions of the public lands of ments that took control enacted laws that no land could be the Territory of Hawaii by allotments to or for associa alienated, as a measure of protecting the native peoples. tions, settlements or individuals of Hawaiian blood in In Hawaii, the effect of the Hawaiian Homes Commission whole or in part, the fee simple tue of such lands to re Act is to preserve only a very small part (approximately main in the government, but the use thereof to be avail one per cent) of the domain for the Hawaiians, and to per able under such restrictions as to improvement, size of mit the ready transfer of other lands. It would be more dis lots, occupation and otherwise as may be provided for criminatory to repeal the Act. said purposes by a commission duly authorized, or other Those who claim that the Hawaiian Homes program is a wise given preference rights in such homestead leases failure are uninformed. The growth of the program from for the purposes hereof as may be deemed just and suit its inception to the present day is a matter of public record able by the Congress and is a sufficient answer to this claim. Senator John H. Wise of Hawaii was the principal spokes So long as there are eligible applicants endeavoring to man and advocate for thin program. With him were many obtain Hawaiian Homes lands, there is every reason for con other leaders of the community, including Prince Kuhio, tinuing the program. When no lands are left and when no Delegate to Congress. Their purpose in promoting this applicants remain unsatisfied, then it will be time to raise program was to rehabilitate the Hawaiian people by encourag the question of whether the Hawaiians have been fully re ing them to go back to the tilling of the soil. The evil sought habilitated. to be corrected was the departure of the Hawaiian people The hearings, petitions and communications before this from the soil and the consequent weakening of their structure Committee have demonstrated beyond any doubt that a major of society under the impact of Western civilization. One of ity of the people of Hawaii favor the inclusion of the Hawaii the basic causes of this evil was the complete change in the an Homes Commission Act, 1920, in the proposed State Con systems of land tenure whereby the Hawaiians were granted stitution. fee titles to land which they promptly alienated to a large As an example, the following organizations supported the extent through a lack of knowledge and understanding of the inclusion of the Act: Council of Hawaiian Civic Clubs on new land laws. An additional cause was the fact that the Oahu; West Maul Hawaiian Civic Club; Hawaiian Civic Club, people did not actually receive one-third of the domain which Hawaii; Ewa Hawaiian Civic Club; Nanaikapono Hawaiian was supposed to have been set aside for them at the time of Civic Club; Hawaiian Civic Club, Hio, Hawaii; Republican the Mahele, so that many persons had no land of their own Party Platform; Republican Precinct Club, 13th Precinct, at all when the change from feudal land tenures to common 5th District; Republican Precinct Club, 13th Precinct, 4th law land tenures was made. District; We, the Women of Hawaii; Women’s Division, Oahu As a consequence of the agitationfor this program, the County Committee, Democratic Party of Hawaii; Imua; Congress finally enacted the Hawaiian Homes Commission Honolulu Advertiser; Honolulu Star-Bulletin; Maui News; Act, 1920. The original Act provided for an experimental Hio Tribune Herald; Native Sons; International Longshore period of five years on certain lands on Molokai. No further men’s & Warehousemen’s Union; Daughters and Sons of Ha lands were to be colonized unless the Congress and the waiian Warriors; Honolulu Chamber of Commerce; Molokai Secretary of the Interior of the United States were satisfied C ommunity Association; Molokal Homesteaders Association; that the first project was a success. This first project was Nanaikapono Homesteaders Association; Halau 0 Keliiahonui, pronounced a success and the program approved for continu Hale 0 Na Alii 0 Hawaii, Helu 6, Kamuela, Hawaii; Council ed operation. The Hawaiian Homes Commission and the of Hawaiian Homesteaders; Waimanalo Homestead Communi Hawaiian Homes program have been part of the life of Ha ty Club; Keaukaha Community Association; Kuliouou Lions waii ever since. Club. Until very recently, there has never been any suggestion that the Hawaiian Homes program should be discontinued. Proposal No. 52, as amended by your Committee and as Then the use of certain Hawaiian Homes lands at Waimea, contained in the Committee proposal attached preserves the Hawaii, came up for discussion, and in the ensuing argument, present situation, complies with the apparent will of Con some few persons brought into the question the very exist- gress, and continues the recognition by the people of Hawaii 172 JOURNAL DOCUMENTS • of the justice of the original enactment of the Hawaiian ing to the right to change the government in the Bill of Right~ Homes Commission Act, 1920. —June 1, 1950 No. 44, relating to the Bill of Rights; No. 45, relating to Flora Kaai Hayes, Peter Kawahara special privileges or immunities; No. 47, relating to the right to marry; No. 50, relating to popular sovereignty in Chairman Chas.. A. Rice Richard Lyman, Jr. the Bill of Rights; Nos. 62, 63, 71, 83 and 86, relating to the 3. Pta Cockett, Bill of Rights; No. 88, relating to Article I-Bill of Rights Vice-Chairman C. E. Kauhane and Article DC-General Powers; Nos. 89, 93, 96, 97, 105, Samuel K. Apoliona, Jr. James F. Gilliland 106, 138, 139, 159, 161, 182, 194, 195, relating to Bill of Arthur K. Trask Rights. COMMITTEE PROPOSAL NO. 6 The content of each Proposal was accepted and incorpo rated, changed, or rejected as inserted below: RELATING TO HAWAIIAN HOMES COMMISSION ACT No. 4 was modified, changed, and incorporated as ft RESOLVED, that the following be agreed upon as part of appears in Committee Proposal No. 3. The Section on the the State Constitution: Right to Organize and Collective Bargaining was referred ARTICLE to the Industry and Labor Committee by Committee Letter dated April 19, 1950. SECTION. Anything in this Constitution to the con No. 5 was modified as it appears in Section 6 of Com trary notwithstanding, the Hawaiian Homes Commission mittee Proposal No. 4. Act, 1920, enacted by the Congress of the United States, as No. 12. The first section was accepted and incorporated the same has been or may be amended prior to the admission as Section 6 of Committee Proposal No. 4. The second Sec of the state, is hereby adopted as a law of the state, subject tion was modified and incorporated in Committee Proposal to amendment or repeal by the legislature, provided, that if No. 3 as Section 16. The third section was accepted and in and to the extent that the United States shall so require, corporated as Section 25 in Committee Proposal No. 3. said law shall be subject to amendment or repeal only with No. 17 was referred to the Committee on Tudiciary by the consent of the United States and in no other manner, Commfttee Report No. 11 dated May 2, 1950. provided, further, that if the United States shall have pro No. 25. The first section was referred to the Industry vided or shall provide that particular provisions or types and Labor Committee by Committee Letter dated April 19, of provisions of said Act may be amended in the manner re 1950. The second section was rejected as ft was felt that quired for ordinary state legislation, such provisions or ft was not proper for inclusion in the Bill of Rights. types of provisions may be so amended. The proceeds and No. 28 was referred to the Committee on Miscellaneous income from Hawaiian home lands shall be used only in Matters by Commfttee Report dated April 28, 1950. accordance with the terms of said Act, and the Legislature No. 42 was rejected as ft was felt that some of the may, from time to time, make additional sums available for thoughts expressed were already covered in Section 4 of the purposes of said Act by appropriating the same in the Committee Proposal No. 3, and ft is recommended that ft manner provided by law. Such appropriations for adminis be placed on file. tration expenses of the Hawaiian Homes Commission shall No. 43 was rejected as ft was felt that some of the never be less than, after due consideration of the receipts thoughts expressed were already incorporated in Section 1 applicable to such expenses from the Hawaiian home lands, of Commfttee Proposal No. 3, and it is recommended that will accord said Commission equal treatment with other de ft be placed on file. partments of the state in the funds available for its adminis No. 44 was modified and incorporated in Section 9 of tration expenses. Committee Proposal No. 3. SECTION. Compact with the United States. The No. 45 was modified and incorporated in Section 21 of state and ifs people do hereby accept, as a compact with the Committee Proposal No. 3. United States, or as conditions or trust provisions imposed No. 47 was accepted and incorporated in Section 22 of by the United States, relating to the management and dis Commfttee Proposal No. 3. position of the Hawaiian home lands, the requirement that No. 50 was rejected as ft was felt that some of the section_____ hereof be included in this Constitution, in thoughts expressed are incorporated in Section 1 of Commit whole or in part, ft being intended that the Act or Acts of tee Proposal No. 3, and ft in recommended that it be placed the Congress of the United States pertaining thereto shall on file. be definitive of the extent and nature of such compact, con No. 62 was modified and incorporated in Section 11 of ditions or trust provisions, as the case may be. The state Committee Proposal No. 3. and its people do further agree and declare that the spirit No. 63 was modified and incorporated in Sections 15 and of the Hawaiian Homes Commission Act looking to the con 17 of Commfttee Proposal No. 3. tinuance of the Hawaiian homes projects for the further re No. 71 was modified and incorporated in Section 12 of habilitation of the Hawaiian race shall be faithfully carried Committee Proposal No. 3. out. No. 83 was accepted and incorporated in Section 4 of Commfttee Proposal No. 3. No. 86 was modified and incorporated in Section 23 of STANDING COMMITTEE REPORT NO. 34 Commfttee Proposal No. 3. No. 88, Article I—Bill of Rights and Article IX—General Your Committee on the Bill of Rights reports its delib Powers, was modified, changed and incorporated in Com erations and disposition of the following Proposals assigned mittee Proposal No. 3. to ft under the rules of the Convention: No. 4, relating to the No. 89 was modified and incorporated in Section 24 of Bill of Rights; Nos. 5 and 12, relating to rights and privileges; Commfttee Proposal No. 3. No. 17, relating to women on juries; No. 25, relating to rights No. 93 was rejected as it was felt ft is not the proper and privileges; No. 28, relating to equal rights; No. 42, relat subject for the Bill of Rights, and ft is recommended that ing to rights of foreigners in the Bill of Rights; No. 43, relat ft be placed on file. STANDING COMMITTEE REPORT NO. 37 173 No. 96. The thoughts expressed in this Proposal have throw of our government by force and violence, begs leave been incorporated in Section 4 of Committee Proposal No. 3. tci report as follows: No. 97 was modified, changed, and incorporated in Your Committee feels that said communication is similar Committee Proposals Nos. 3 and 4, with the exception of in substance to that of Proposal No. 195, which has been re Section 20 on the Right to Organize and Bargain Collective ferred to the Committee on Ordinances and Continuity of ly, said section is still under consideration by this Commit Law and, therefore, recommends that said communication tee. be referred to that committee.—June 2, 1950 No. 105. Some of the thoughts expressed in the two Sec Takao Yamaughi, Teruo Ihara tions of this Proposal appear in Sections 2, 3, and 4 of Chairman Kazuo Kage Committee Proposal No. 3 and Section 6 of Committee Pro George Dowson, Masao Kanemaru posal No. 4. Vice-Chairman H. S. Kawakami No. 106. Your committee recommends that this Proposal Samuel K. Apoliona, Jr. W. 0. Smith be placed on file inasmuch as the subject matter in similar to the Proposal on Collective Bargaining referred to the Industry and Labor Committee. STANDING COMMITTEE REPORT NO. 37 No. 138. Your committee recommends that thin Proposal Your Committee on Judiciary begs leave to report a com be placed on file inasmuch as the subject matter is for legis plete judiciary article. Your Committee recognizes that it lative consideration. However, your committee feels that is dealing with a coordinate branch of government. It is the subject matter which is part of our statutory laws is in the branch to which is entrusted the safe guarding of our serious need of revision by the legislature. civil liberties. Without a strong Judiciary, democratic No. 161. Your Committee recommends that this Proposal processes would speedily disintegrate and the rights of the be placed on file inasmuch as the subject matter is for legis individual might be swallowed up in an all powerful state. lative consideration. However, your Committee feels that The article erects the framework of the judiciary branch the subject matter which is part of our statutory laws is in of government. We have attempted to avoid statutory serious need of revision by the legislature. matters. It is agreed by all authorities, that to establish a No. 162. Your Committee recommends that this Proposal strong judiciary and to attract men of competence and in be placed on file inasmuch as the subject matter is for legis tegrity on the bench, several basic principles must be lative consideration. However, your Comwittee feels that observed. the subject matter which is part of our statutory laws is in First, the machinery for selection of judges must be cal serious need of revision by the legislature. culated to attract the best available material to the bench; No. 182. Your Committee recommends that this Proposal second, there must be security in office, so that judges will be placed on file inasmuch as the subject matter is similar not be subject to the whims and changes that are engendered to the Proposal on Collective Bargaining referred to the in the heat of partisan political campaigns; third, adequate Industry and Labor Committee. provision must be made for the compensation of judges and No. 194. The first sentence of the Proposal was modi for their pensioning upon their retirement. fied and incorporated in Section 4 of Committee Proposal Your Committee has studied the federal system and the No. 3. The second sentence was modified and incorporated varied systems that obtain in the several states. There is in Section 6 of Committee Proposal No. 4. no uniformity in the state systems. The Federal system pro No. 195 was referred to the Committee on Ordinances vides for appointment by the President, confirmation by the and Continuity of Law by Committee Report No. 23, dated Senate and life tenure. By and large, that system has re May 25, 1950.—June 1, 1950 sulted in a judiciary that is probably not surpassed any place Jack H. Mizuha, W. 0. Smith in the world with the possible exception of Great Britain. Chairman Edward C. Bryan The original states began with appointive systems but Herbert K. H. Lee, J. Pia Cockett later the newer states turned to an elective system. This Vice-Chairman Edward B. Holroyde was the result of the political revolt in the “Age of Jackson.” Earl A. Nielsen H. S. Kawakami The battlecry was, “To the victors belong the spoils,” and Nils P. Larsen Elizabeth R. Kellerman nany state judicial systems (particularly in the west) adopt Charles H. Silva Kaisumi Kometani ed a system of popularly elected judges with short terms. Frank C. Luiz Steere G. Noda Modern writers on the subject are in accord that the elective James K. Trask judiciary has been one of the prime ills of state governments. It is notable that within the past 25 years every change in STANDING COMMITTEE REPORT NO. 35 state judicial systems has been an effort to get away from popularly elected judges and to return to an appointive system. Your Committee on Printing to which was referred Stand Hawaii, from its early days, has enjoyed an appointive ing Com. Rpt. No. 33 and Committee Proposal No. 6 begs judiciary. The earlier constitutions of Hawaii of 1852, 1864, leave to report that said report and proposal have this day 1887 and the constitution of the Republic all provided for an been printed in accordance with the second paragraph of appointive judiciary. That tradition was continued when Ha Rule 47 (c) of this Convention.—June 2, 1950 waii became a Territory. However, the wise constitutional provisions for long tenure and laws providing for adequate Charles H. Silva, Chairman compensation were changed, and the present short term of four years was adopted. Your Committee has reached the firm conviction that the selection of judges should be by STANDING COMMITTEE REPORT NO. 36 appointment by the Governor and confirmation by the Senate, and that the terms of office should be long but nevertheless Your Committee on Miscellaneous Matters, to which was there should be an opportunity to get rid of a judge who for referred Misc. Com. No. 26, relating to the outlawing of one reason or other has proved unsatisfactory. For this the Communist Party or any party dedicated to the over- reason an initial term of 6 years and successive terms of 174 JOURNAL DOCUMENTS 12 years were agreed upon. Your Committee believes that The question of tenure was debated at length. The Commi judges should be subject to impeachment and removal from tee was unanimous in favoring long tenure. It concluded that office and, as a further safeguard, they should be subject there should be an initial term of six years and upon reap to retirement if they become incapacitated. pointment, a term or successive terms of twelve years. Your Committee requested the opinion of the Bar of Ha Provision is also made for compulsory retirement at 70. waii on the subject of the judiciary article. The Bar Associ The compulsory retirement provision is to prevent incapaci ation held several meetings on the primary question of se tated judges from remaining on the bench after the time lection and tenure of judges and voted overwhelmingly in when they are no longer able fully to discharge their duties. favor of the appointive system. It also voted in favor of a The fixing of the compulsory retirement age at 70 is debat judicial council which would nominate a panel of three from able. There have been great judges who have stayed on the which the chief executive would make his appointment. The bench until 90, witness, Mr. Justice Holmes. On the other Bar Association further voted against the proposition of hand, there have been judges who have become almost senile confirmation by the Senate. in their late 60’s. Charles Evans Hughes (before he became The chief justice is made the head of a unified court sys chief justice) favored compulsory retirement at the age of tem. In order that he may discharge his duties he is pro 75. He stated, “The resuit of having judges who are unable vided with an administrative director of the courts. The properly to do their work and yet insist on remaining on the rule-making power is deposited where it belongs—in the bench is too great to permit chances to be taken and any Supreme Court, which will make for an efficient and order age selected must be somewhat arbitrary as the time of the ly dispatch of the business of the courts. failing in mental power differs widely.” (Hughes: The With the foregoing general principles in mind, your Com Supreme Court of the United States, 77) mittee has examined the proposals before it and, since Pro Section 4 provides for removal by the impeachment pro posal No. 184 was a complete judicial article, it was taken cess. This is patterned after the Federal constitution. The as the draft from which the Committee worked. This pro House of Representatives makes the charge of impeachment posal was taken from the New Jersey plan which was designed by a simple majority vote. The irial on impeachment is had by Arthur Vanderbilt, Dean of the Law School of New York by the Senate sifting as a court and a concurrence of two University and now Chief Justice of the Supreme Court of thirds of the Senators present is necessary for a conviction. New Jersey. Your Committee has endeavored to reduce the One additional provision which your Committee considers article to the shortest compass consistent with covering the an Improvement on the Federal system is that after impeach. field. The several sections of the article will be briefly ment (i. e. the charge)a judge will not exercise his office discussed. until acquitted. The impeachment process is contained in Proposal No, 142 pending before the Committee on Legis Section 1 deposits the judicial power in the Supreme Court, lative Powers and Functions. Presumably that committee circuit courts and such inferior courts as the Legislature will recommend that the governor, all elected officials of may from time to time establish. Under this section, the the State and all judges of courts of record will be subject number of circuit judges and judges of inferior courts will to removal upon impeachment and conviction. be fixed by the Legislature. Likewise the jurisdiction of the Section 5 takes care of a situation in which a judge be several courts is left to the Legislature. comes mentally or physically incapacitated. Uner this sec Section 2 provides for a supreme court consisting of a tion, without resort to any drastic legislative or impeach chief justice and four associates. This is a change from our ment process, upon a certificate of the supreme court (a present supreme court of three. The reason for the change majority of the justices) that any judge or justice is incapaci is that your Committee believes that a supreme court of five tated either mentally or physically, the Governor is obliged is desirable to keep to a minimum the number of cases in to appoint a commission to inquire into the matter and, upon which justices of the supreme court are disqualified and the recommendation of the commission, the governor may their places filled by substitute judges. Only two states retire such a judge from office even though his appointed (Arizona and Wyoming) have a supreme court of three. In term has not yet expired. This provision is in the present other states the number varies from five to nine. A supreme constitution of the State of New Jersey. court of five will meet the needs of Hawaii. The cost of Section 6 authorizes the Legislature to fix the compensa nuintaining the judiciary is exceedingly small as compared tion of judges and provides that it shall not be diminished with the executive and legislature branches of government. during their continuance in office. It also provides for pen This section also provides for the substitution of circuit sioning of judges. Your committee is sirongly in favor of judges on the supreme court when necessary and the devolu pensioning judges when they reach the age of retirement or tion of the duties of the chief justice upon any contingency. if they fail to be reappointed for any reason other than mis Thus the recent impasse occasioned by the death of Mr. conduct in office. The matter of fixing irrevocably in the Justice Cristy Is provided for. constitution the subject of pensions was considered at length; Section 3 provides for the appointment of justices of the whether it should be a pension with full salary, one-half supreme court and judges of the circuit courts by the Govern salary or based on the number of years of service. Your or and confirmation by the Senate. No person is eligible for committee finally concluded that this is a proper subject of appointment who has not been admitted to the bar of the legislation and should be left to the good judgment of the Territory or the State or both for more than ten years prior Legislature. to his appointment The Governor in making a nomination Section 7 prohibits a judge from holding any office of pro is required to give ten days’ notice before sending the nomi fit under the State or the United States. It does not prevent nee’s name to the Senate. This is to afford opportunity of a judge from being appointed or elected to another public public discussion even before the Senate begins its deliber office which carries no compensation. It was pointed out ative process of confirmation. that a reserve officer in the military service might not be The provision relating to confirmation by the Senate does abie to hold a reserve commission and remain a judge. It not prevent a recess appointment by the executive. He could is essential in a democracy that the military be forever make such an appointment, which would be subject to confirm subordinate to the civil power. Ifbychance a reserve officer ation when the Senate convened. should seek appointment to the bench, your committee be- STANDING COMMITTEE REPORT NO. 37 175 lieves he should resign his military commission, rather than In view of the fact that your committee has recommend permit himself to be called into active duty and hold both ed an appointive system of judges, not an elective system offices. The view was also expressed that no doubt either either on a partisan or nonpartisan basis, a majority of the by regulation or legislation a means could readily be found committee concluded that a judicial council to pass on the whereby a reserve officer might resign his commission qualifications of judges is not desirable because it divides temporarily during his term of a judicial office. Rather the responsibility for appointment. The judiciary article than make an exception for a remote possibility, your com as drafted fixes the responsibility for appointing good judges, mittee concluded that the section should stand as drafted. in the first instance, on an elected governor. Usually the Section 8 makes the chief justice the administrative head chief executive, who is responsible to the people, will ap of all the courts and authorizes him to appoint an administra point a good man to office. A check against a possible poor tive director, to serve at his pleasure. No attempt is made appointment is to be found in confirmation by the Senate. to define the duties of the administrative director since those This process is strengthened by requiring the governor to are well understood by the courts. The office of an adminis publish notice of nominations ten days before sending a trative director for the courts has gained widespread approv name to the Senate. al throughout the country. He attends to manifold adminis One argument against a judicial council in Hawaii appears trative duties that are now a drain on the judicial process. to have considerable validity, and that is the fact that we are The director would keep his pulse on the calendar of the a small community with a small Bar of approximately 200 courts and see that the business is expedited. This marks lawyers. Most of the lawyers of prominence in the profes a distinct advance over our present system. sion practice in ail courts throughout the Territory. If a Section 9 authorizes the chief justice to make assignments judicial council were created, prominent lawyers would in from one circuit to another. This is our present system all likelihood be elected to the council and they would in all which works well and should be continued. likelthood be elected to the council and they would exert a Section 10 deposits full rule-making power in the supreme powerful influence in the selection of judges. In view of the court. Under this section, the court may by the promulgation fact that we are a small closely knit community and the Bar of rules of court abolish archaic procedures relating to prac is close to the bench, your Committee concluded that it tice, procedure, process, appeals and general administration would be better not to have a council which would result in of the business of the courts. It has flexibility in that amend a member of the council practising before a judge whose ap ments to rules can be made from time to time by the court pointment the council member had advocated. This might without resort to the slower legislative process. possibly tend to incline a judge to favor a lawyer who had Your Committee is unanimous in recommending the agree been instrumental in securing his appointment to the bench ment of the Convention upon Sections 1, 2, 4, 5, 6, 7, 8, 9 or might create that impression in the public mind. This and 10 of amended Proposal No. 184. A minority of your would not be so in States like California, Missouri or other Committee is not in favor of Section 3 which provides for populous States which have adopted a judicial council deal appointment of judges by the Governor and confirmation by ing with the selection of judges. the Senate, and this minority dissents from the reasons Proposal No. 58—Advisory Opinions. Your committee given in the report in support of the executive appointment has examined the subject of advisory opinions. Prior to the of the judiciary. Organic Act, the supreme court of Hawaii rendered advisory Upon one other matter your Committee is also divided, opinions. This device never proved satisfactory either in and that is the establishment of a judicial council which will our own court or in Massachusetts and Maine where it still participate in the selection of judges. A minority believes exists. Our courts deal with cases and controversies. It that a judicial council substantially as set forth in Proposal is not the function of the Courts to render opinions in hypo No. 185 should be incorporated in the constitution, and this thetical cases, hence your Committee does not favor the minority likewise dissents from the reasons given in the proposal. majority report for the non-inclusion of a judicial council. Following the passage of this committee proposal on Proposal No. 17—Women on Juries. Your Committee first reading by the filing thereof, your Committee recom points out that the only reason women may not serve on mends that the same pass on second reading. juries today is a legislative prohibition contained in the Disposition of Other Proposals Organic Act. When the Organic Act goes out of existence, Referred to Committee on Judiciary with it will go the prohibition. Hence there is no real nec essity for any provision in the constitution on the subject. Proposals Nos. 68, 146, 185—A Judicial Council. Your However, if the Convention deems it preferable to have committee debated the question of a judicial council. These an express mandate in the constitution, your Committee is exist in a number of states, mostly by legislation. In sever of the view that a simple sentence can be incorporated in al States there are judicial councils that have to do with the the provision relating to the right of trial by jury, and your selection of judges. Nothing in the judiciary article would Committee recommends the following language: No person prevent the Legislature from creating a judicial council for shall be disqualified to serve as a juror by reason of sex. general supervision of the work of the courts. This is what is contemplated in Proposal No. 146. Your committee re Proposal No. 3—Number on Supreme Court. This has commends against its adoption since it is the proper sub been adopted in part and rejected in part in amended Pro ject of legislation. posal No. 184. Proposal No. 185 provides for a judicial council of seven Proposal No. 9—Recall of Judges. Your Committee has which would pass upon the qualifications of judges and sub provided for the removal of judges for cause by impeach mit a panel of three from which the executive must make ment and for other causes. It believes this is a sufficient his appointment. This plan was devised by the American check on the judiciary and accordingly disapproves Pro Bar Association in 1937, and a modified version of it later posal No. 9. became incorporated in the constitution of Missouri and is known as the Missouri Plan. It was adopted in an effort to Proposal No. 14—Continuity of Laws has been incorporat correct the abuses of the elective system of judges. ed in part in the proposal hereto attached. Your Committee 176 JOURNAL DOCUMENTS recommends that this proposal be referred to the Commit to inquire into the circumstances and on their recommenda tee on Ordinances and Continuity of Law. tion the governor may retire the justice or judge from office. The subject matter of Proposals Nos. 3, 9, 15, 26, 58, SECTION 6. The justices of the supreme court and the 68, 92, 124, 146, 160, 185, Article V of Proposal No. 88 and judges of the circuit courts shall receive for their services Misc. Com. No. 28 has already been either adopted or re such compensation as may be provided by law which shall jected by decisions of the Committee and they are according not be diminished during their continuance in office. They ly returned with the recommendation that they be placed on shall retire~ upon attaining the age of seventy years. Pro file. As to Proposal No. 17, your committee recommends visions for pensioning them shall be made by law. that it be referred to the Committee on Bill of Bights. SECTION 7. The justices of the supreme court and the —June 2, 1950 judges of the circuit courts shall hold no other office or I. Garner Anthony, Herbert K. H. Lee position of profit under this state or the United States. Any Chairman W. Harold Loper justice or judge who shall become a candidate for an elective C. Nils Tavares, Chuck Mau office shall thereby forfeit his office. Vice-Chairman Jack H. Mizuha Nelson K. Doi Steere G. Noda SECTION 8. The chief justice of the supreme court shall Hiram L. Fong HaroldW. Rice be the administrative head of all the courts of this state. Yasutaka Fukushima Thos. T. Sakakthara With the approval of the supreme court he shall appoint an Wm. H. Heen Cable A. Wirtz administrative director to serve at his pleasure. Takao Yamauchi—I do not concur on Sec. 2, page 4, as SECTION 9. The chief justice of the supreme court may to the number of Supreme Court Justices. assign judges from one circuit to another for temporary service. COMMITTEE PROPOSAL NO. 7 SECTION 10. The supreme court shall have power from FOR THE ESTABLISHMENT OF THE JUDICIARY time to time to promulgate rules and regulations in all civil and criminal cases in all courts of this state relating to pro RESOLVED, that the following be agreed upon as part of cess, practice, procedure and appeals, which shall have the the State C onstitution: force and effect of law. ARTICLE SECTION 1. The judicial power of the state shall be vest STANDING COMMITTEE REPORT NO. 38 ed in one supreme court, circuit courts and such inferior courts as the legislature may from time to time ordain and Your Committee on Printing to which was referred Stand establish. It shall extend to all cases arising under the con ing Com. Rpt. No. 37 and Committee Proposal No. 7 begs stitution and laws of the United States or this state. The leave to report that said Report and Proposal have this day several courts shall have original and appellate jurisdiction been printed in accordance with the second paragraph of as provided by law. Rule 47 (c) of this Convention.—June 3, 1950 SECTION 2. The supreme court shall consist of a chief Charles H. Silva, Chairman justice and four associate justices. When necessary, the chief justice shall assign a judge or judges of the circuit court to serve temporarily on the supreme court. In case STANDING COMMITTEE REPORT NO. 39 of a vacancy in the office of chief justice or if he is ill, ab sent or otherwise unable to serve, an associate justice des Your Committee on Suffrage and Elections was composed ignated in accordance with the rules of the supreme court of the following seven members: Trude M. Akau, I. Pia shall serve temporarily in his stead. Cockett, Ann H. Corbett, H. S. Kawakami, Katsumi Kometani, James F. Gilliland, and Sakuichi Sakai. SECTION 3. The justices of the supreme court and the • The following proposals and communications were receiv judges of the circuit courts shall be appointed by the govern ed and considered by this Committee: Proposal No. 33, re or by and with the advice and consent of the Senate. No lating to suffrage and elections; No. 40, relating to qualifi nomination to such office shall be sent to the Senate until cation for voting; No. 70, establishing bribery as disqualifi after ten days’ public notice by the governor. No person cation for office holding; No. 82, relating to persons ex shall be eligible to such office who shall not have been ad cluded from the right of suffrage; No. 84, relating to suffrage mitted to practice law before the supreme court of this state and elections; and No. 88, (Article II) Suffrage and Elections. for at least ten years. Misc. Com. No. 88, “A Constitutional Proposal—State Con The justices of the supreme court and the judges of the stitution Can Curb Reds by Defining Political Parties.” circuit courts shall hold office for initial terms of six years and upon reappointment shall hold office for a term of twelve Thç content of each proposal and communication was ac years. cepted and incorporated or transmitted as hereinafter set forth: Proposal No. 33 is the basic proposal. No. 40 is in SECTION 4. The justices of the supreme court and the corporated in Proposal No. 33. No. 70 has been referred to judges of the circuit courts shall be removed from office on the Committee on Legislative Powers and Functions. No. 82 impeachment for, and conviction of, treason, bribery or is incorporated in Proposal No. 33. The legislature shall other high crimes and misdeameanors. Any judicial officer provide for statutory matters. No. 84 is incorporated in impeached shall not exercise his office until acquitted. Proposal No. 33. No. 88 (Article II) is incorporated in Pro SECTION 5. Whenever the supreme court shall certify posal No. 33. Misc. Com. No. 88 has been referred to the to the governor that it appears any justice of the supreme Committee on Ordinances and Continuity of Law. court or judge of a circuit court is so incapacitated as sub The Committee held nine meetings, usually of two hours stantially to prevent him from performing his judicial duties, duration and participated in by ail members present and the governor shall appoint a commission of three persons frequently by guest speakers and delegates. STANDING COMMITTEE REPORT NO. 39 177 The following citizens presented their views: Honorable son old enough to be married without parental consent, a Gerald Corbett, former Secretary of Hawaii; Honorable Oren person old enough to assume his own debts, a person old E. Long, Secretary of Hawaii; Dr. Allan Saunders, Univers enough to enter into his own business by law, is old enough to ity of Hawaii; Mr. Tony Todaro, private citizen; Dr. Thomas to enjoy the privilege of suffrage—let alone the fact that he is B. Vance, Director of Institutions; Mr. Michiro Watanabe, is already a taxpayer and also is eligible for draft in the Deputy Attorney General; Mr. Leon K. Sterling, Sr., City armed services of our country. and County Clerk, Honolulu; Mr. Edward Leong, Deputy The voting age of 21 years was the extension of the County Clerk of Honolulu; Mr. Edwin M. Desha, County Clerk English tradition from medieval times that was embodied of Hawaii; Mrs. Margaret M. Kaaua, Deputy County Clerk in the constitution of all the states. While the age of 18 of Hawaii; Mr. James K. Burgess, Jr., County Clerk of years was brought up for discussion, it was felt that a per Kauai; Mr. James Yamamoto, Deputy County Clerk of Kauai; son is not politically mature at this age and two years will Mr. Toshi Enomoto, County Clerk of Maui; Mr. Boniface bring the necessary interest and understanding of the politi Espinda, Deputy County Clerk of Maui. cal life of Hawaii. Geographically speaking, maturity in The following delegates also took part in the meetings at the physical and mental make-up is attained faster in a tem various times: Samuel K. Apoliona, Jr., Nils P. Larsen, perate or warm climate, Hebden Porteus, Harold W. Rice, and C. Nils Tavares. The Committee agrees this residential clause of one The following references were used: Manual on State year should be sufficient for qualification of voting. Any Constitutional Provisions, Legislative Reference Bureau, breakdown from the county into districts and precincts Univ. of Hawaii. Model State Constitution, by the Committee should be provided by the election laws enacted by the legis on State Government of the National Municipal League. lature. Many states restrict those who have attained citizen State of New Jersey [Constitution], Hawaii Model Constitu ship from voting for a length of time—between 30—120 days, tion, by Associated Students of the University of Hawaii. but the Committee agreed that a naturalized citizen should Organic Act of Hawaii. Election Laws of Hawaii, Revised be given the privilege of suffrage immediately. The natural to 1950, issued by the office of the Secretary of Hawaii. ization law will provide for residence, education, citizen Commonwealth of Massachusetts [Constitution]. Constitution ship and other basic requirements. The Committee has of State of Missouri. Constitution of State of Nebraska. given thought to our Filipino population who have been im Constitution of State of Wisconsin. Written statement from ported to Hawaii as laborers and who are entitled to citizen the Secretary of Hawaii, Mr. Oren E. Long. ship. In all its deliberations and discussions at Committee Leon Sterling, Sr., County Clerk of the City and County meetings, the members were greatly benefited and assisted of Honolulu called attention to the fact that many new citizens by Secretary of Hawaii, Oren E. Long, who is directly in come to the Clerk’s office for immediate registration upon charge of elections under the Organic Act. The county being naturalized. clerks and their deputies of our four counties appeared be Because of the custom, tradition and history of Hawaii, fore this Committee and submitted many very helpful sug the qualification to speak, read and write the Sawaiian gestions. We were also advised on different sections by language, in addition to English, has been inserted in the several of our delegates and legislators and received the Constitution. After a careful study, it was felt that there benefit of their experiences. The final draft was, however, are some Hawaiians, who will meet only this qualification, reviewed by our Deputy Attorney General, Michiro Watanabe, and so must not be denied the privilege of suffrage, partica who has carried out the basic principles of election and larly in their own state. suffrage of the State of Hawaii as expressed by members of this Committee. (B) SECTION. Disqualifications of Voters. No The Committee in drafting this section of the Constitu person who is non compos mentis and no person under tion—Suffrage and Elections—considered Proposal No. 33 conviction of felony, unless pardoned and restored to his as its basic -working proposal. Proposals Nos. 40, 82, 84 civil rights, shall be qualified to vote. and 88, referred to this Committee, have been incorporated After much discussion, the words “non compos menUs” into this draft of Proposal No. 33, while segments which were used as the basis of disqualification. Webster’s Dic - were considered statutory were referred to the legislature tionary defines “non compos mentis” as: not of sound mind; for enactment into law. a term including all forms of mental unsoundness. Delegate The Committee, therefore, presents for your considera Nils P. Larsen, a medical doctor, reaffirmed the usage of tion, the following: this word. (A) SECTION . Qualifications of Voters. In order Felony, a crime punishable by imprisonment of one year to be qualified t6V6t~ in any state or local election, a or more, was unanimously agreed by the Committee as a person cause of disqualification from voting. This is a traditional cause for disqualification. 1. Shall be a citizen of the United States; However, the Committee investigated other crimes, such 2. Shall have attained the age of 20 years; as bribery, fraud and infamous crimes, treason, but con 3. Shall have resided in the state not less than one year next preceding the election; cluded that felony will embody all crimes punishable for one year or more in prison, which should be cause for revoking 4. Shall be able to speak, read and write the Eng the voting privilege until pardoned and restored to civil lish or Hawaiian language, except for physical dis rights. ability; and One phase which has been explored by the Committee has 5. Shall be registered as a voter in accordance with law. been the period when a patient, declared non compos mentis by court, is released on probation from an institution until The Committee established the age of 20 years as the such patient is given permanent release. It was the opinion qualification for voting. The C ommittee unanimously agreed of the Committee that the privilege of suffrage should be that Hawaii should give the privilege of suffrage at the age extended to these patients during this period of probation to of 20 years, which is the age of majority in HawaII. A per- assist the patients in mental rehabilitation. 178 JOURNAL DOCUMENTS This was strongly recommended by Mr. Thomas Vance, Following the passage of this committee proposal on first Director of Institutions of Hawaii. reading by filing thereof, your Committee recommends that the same pass on second reading. —June 3, 1950 (C) SECTION . Residence. No voter shall be deemed to have j~3iiid or lost residence simply by reason Katsumi Kometani, 1. Pia Cockett of his presence or absence while employed in the service Chairman Aan H. C orbett of the United States; nor while engaged in navigation; nor Trude M. Akau, James F. Gilliland while a student at any institution of learning. Vice-Chairman H. S. Kawakami Sakuichi saai The section on “Residence” will clarify the voting status of persons in armed services of our country, students absent COMMITTEE PROPOSAL NO. 8 from the state for schooling and persons who are in the serv ice of maritime activities. It is universally found as a part RELATING TO SUFFRAGE AND ELECTIONS of suffrage and elections in most status. RESOLVED, that the following be agreed upon as part of the State Constitution: (D) SECTION. Registration; Voting. The legis lature shall provide for the registration of qualified voters ARTICLE and prescribe the method of voting at all elections, pro SECTION . Qualifications of voters. In order to be vided that secrecy of voting shall be preserved. The leg qualified to ~6f~ln any state or local election, a person islature shall provide the manner in which a qualified voter who may be absent from the State or the island of 1. Shall be a citizen of the United States; his residence on any election day may vote. 2. Shall have attained the age of 20 years; 3. Shall have resided in the state not less than one year The matter of registration of voters, the conduct of state next preceding the election; and local elections, method of voting and absent voting have 4. Shall be able to speak, read and write the English or been considered as measures which should be provided by Hawaiian language, except for physical disability; and the legislature. However, the Committee did not eliminate 5. Shall be registered as a voter in accordance with law. these sections without thorough study. The Committee tecommends to the legislature that at SECTION. Disqualifications of voters. No person least 30 days before any election be the time set for regis who is non cómpos mentis and no person under conviction tration. This is to enable the county clerks sufficient time of felony, unless pardoned and restored to his civil rights, to prepare for an efficient publication of the list of voters. shall be qualified to vote. This is not only in the interest of the clerks, but for the SECTION . Residence. No voter shall be deemed to general public. have gained &~Wst residence simply by reason of his pres The Committee agreed that absent voting should be liber ence or absence while employed in the service of the United alized and carried on in such manner as to insure our voters States; nor while engaged in navigation; nor while a student of their privilege. Because of the geographical make-up of at any institution of learning. our state, serious consideration should be given to voters absent from their respective islands and counties on any SECTION . Registration; Voting. The legislature election day. The time element of 90 days prior to an shall providiThrthe registration of qualified voters and election has been recommended for absent voting. prescribe the method of voting at all elections, provided The election officers charged with the direction and that secrecy of voting shall be preserved. The legislature administration of the election system of the state and its shall provide the manner in which a qualified voter who may civil divisions shall be appointed according to merit and fit- be absent from the State or the island of his residence on ness. Pros and cons of election officers under the civil any election day may vote. service system have been discussed and while there is merit SECTION. General elections shall be held on the on both sides, the Committee recommends that the legisla Tuesday alter the first Monday in November, even-numbered ture provide by law for the selection of election of officers years, and every second year thereafter. Primary elections that will best fit into the two-party system of our government shall be held not less than six weeks prior to the general and our isolated precincts. election. Special elections may be held according to law. Contested elections shall be decided by the Supreme Court (E) SECTION . General elections shall be held of the State of Hawaii according to law. on the Tuesday iTt~flhe first Monday in November, even- numbered years, and every second year thereafter. Pri mary elections shall be held not less than six weeks prior STANDING COMMITTEE REPORT NO. 40 to the general election. Special elections may be held according to law. Contested elections shall be decided Your Committee on Printing to which was referred Stand by the Supreme Court of the State of Hawaii according to ing Com. Rpt. No. 39 and Committee Proposal No. 8 begs law. leave to report that said Report and Proposal have this day been printed in accordance with the second paragraph of The term “general elections” is made to coincide with the Rule 47 (c) of this Convention. —June 5, 1950 Federal Law. This Committee strongly supports the proposal that primary elections be held six weeks or more before the Charles H. Silva, Chairman general elections. Because of the need of time in campaign ing over the entire state, due to our geographic make-up by islands, this proposal was unanimously adopted. Laws for STANDING COMMITTEE REPORT NO. 41 special elections can be enacted by the legislature, while contested elections should be decided by the highest tribunal Your Committee on Taxation and Finance begs leave to of our state, the Supreme Court report as follows: STANDING COMMITTEE REPORT NO. 44 179 After much study and deliberation, your Committee has mittee, and recommends that copies of this letter be trans voted to exclude homes from the classes of real property mitted to them for their information. —June 5, 1950 which may be exempted from taxes by the legislature. This Henry A. White, John K. Lai action has been taken on the understanding that an ordinance Chairman Charles A. Rice to the effect that homes may nevertheless continue to be ex Harold W. Rice, Herbert M. Richards empt from real property taxes up to and including December Vice-Chairman Sakuichi Sakai 31, 1959, under laws of the State of Hawaii, will be present Alexander Castro C. Nils Tavares ed for adoption with the state constitution. Frank Y. Kam A. K. Trask Your Committee therefore recommends that the Commit Masao Kanemaru Arthur D. Woolaway tee on Ordinances and Continuity of Law be instructed to Takao Yamauchi prepare such an ordinance and submit it to the convention for adoption. —June 5, 1950 Jack Mizuha—.I do not concur on deleting home exemp tion. Henry A. White, John K. Lai James K. Yamamoto—I do not concur for deleting of Chairman Charles A. Rice home exemption. Harold W. Rice, Herbert M. Richards Vice-Chairman Sakuichi Sakai Alexander Castro C. Nils Tavares STANDING COMMITTEE REPORT NO. 43 Frank Y. Kam Arthur K. Trask Masao Kanemaru Arthur D. Woolaway Your Committee on Taxation and Finance, to which was Takao Yamauchi referred Dept. Com. No. 5, from the Treasurer of the Terri tory of Hawaii, stating that the firm of Wood, King & Dawson, Jack H. Mizuha—I do not concur. New York, had offered their assistance to the Convention in James K. Yamamoto—I do not concur. the drafting of constitutional provisions with respect to Territorial and local borrowing, begs leave to report as follows: STANDING COMMITTEE REPORT NO. 42 Your Committee has consulted with the legal firm of Wood, King & Dawson, who for many years have been the Your Committee on Taxation and Finance, to which was bond attorneys for the Territory, and has received much referred Mis. Com. No. 82, being a letter under date of helpful advice from them. May 16, 1950 to you from James R. McDonough, Secretary Your Committee recommends that Dept. Com. No. 5 be pro tem of the Joint Tax Study Committee commenting on placed on file.—June 5, 1950 uniformity of taxes and debt limitations, and enclosing copies of two articles by that Committee, one on the subject of Henry A. White, Frank Y. Kam personal net income tax and the other on the real property Chairman Arthur D. Woolaway tax and home exemption provision, begs leave to report as HaroldW. Rice, Takao Yamauchi follows: Vice-Chairman C. Nils Tavares John K. Lai Alexander Castro The Committee on Taxation and Finance is currently con James K. Yamamoto Arthur K. Trask sidering the section on debt limitations including, of course, J. Mizuha Herbert M. Richards Mr. McDonough’s suggestions in connection therewith. While Masao Kanemaru Sakuichi Sakai no decision has been reached as to the initial maximum limit Charles A. Rice and a method of adjustment to provide flexibility without im pairing the credit of the State or any of its subdivisions, it is the concensus of your Committee that limitation on debt STANDING COMMITTEE REPORT NO. 44 is an essential requirement of a sound state financial pro gram. Your Committee on Taxation and Finance, to which was The Committee on Taxation and Finance does not propose referred Proposals Nos. 7, 13, 73, 74, 75, 76, 77, 78, 79, to recommend any provision be incorporated in the consti 80, 81, Article VI of Proposal No. 88 containing six sections tution which will prohibit the legislature from adopting in on finance, Nos. 129, 140 and 141, has considered all of heritance, estate, gift or personal net income taxes. This these proposals as well as the proposal attached to this action is in line with Mr. McDonough’s recommendation in Committee’s Report No. 2, dated May 22, 1950, and begs connection therewith and with the first article which opposes leave to report as follows: the elimination of the personal net income tax. Proposal No. 13 was introduced by Mr. Henry A. White, The article on the real property tax and home exemption Chairman of your Committee on Taxation and Finance as a provision presents arguments against exempting homes from tentative proposal for this committee covering Taxation and real property taxes. The Committee on Taxation and Fi Finance, and has been used as a basis from which redrafts nance has voted to recommend that certain properties not of various sections have been made. Under date of May 22, including homes, be exempt from real property taxes. While 1950 your Committee in its report No. 2, on the distinct homes are not included as one of the classes of real pro understanding that it was only a tentative draft, submitted a perty which may be exempt, this Committee has voted to complete proposal on this subject in order to acquaint the recommend that an ordinance be prepared and adopted other delegates of the thinking of your Committee and in which will permit the continued exemptton of homes from order to give this Committee the benefit of the criticism, real property taxes to and including December 31, 1959. comments and suggestions of these other delegates. Sub Thin will provide a period of transition during which home sequent thereto, a public hearing was held on the subject owners relying on home exemption may make adjustments and your Committee is now working on a complete and final in their financing programs and budgets where necessary. redraft of the provisions on Taxation and Finance which will Your Committee appreciates the interest shown in these be embodied in your Committee’s final report, together with subjects by Mr. McDonough and the Joint Tax Study Com its recommendations thereon and reasons therefor. 180 JOURNAL DOCUMENTS The purpose of this communication is to report the Com ing. There will be a section covering this subject in the mittee’s thinking with respect to the various other proposals Committee’s final report. It will provide that the legisla which have been referred to it. ture in joint session shall appoint a certified public account Proposal No. 7 provides for certain real and personal ant as auditor for a term of eight years who will be subject property tax exemption, in addition to other exemptions, for to removal at any time for cause by two-thirds majority honorably discharged veterans, for service-disabled veter vote of the members in joint session. The duties of the ans and for widows of veterans. It is the opinion of your auditor are also spelled out in that section. Committee that such provision should not be in the Consti Proposal No. 80, Section 1 of Article VI of Proposal 88, tution of the State of Hawaii, but should be left to the legis and the first section of Proposal No. 140, relate to powers lature. Blanket exemption as proposed appears to your of taxation and are identical in wording to a similar section Committee to be undesirable, for it does not give considera in Proposal 13, which will be contained in your Committee’s tion to the individual needs of the veterans or to a veteran’s final report. ability to pay. To the extent that there is home exemptions, Proposal No. 81, Section 5 of Article VI of Proposal No. veterans or their widows who qualify as home owners will 88, and the eighth section of Proposal No. 140, all relate to be entitled thereto. The legislature of the State of Hawaii the expenditure of money. Upon the advice of the Attorney or the Congress of the United States may provide general General the portion thereof which provides that no money benefits to veterans and to their widows. Your Committee shall be withdrawn from the Treasury nor any obligation has no way of forecasting the scope of such general benefits, for payment of money incurred, except by law, has been therefore, your Committee believes that benefits for veter eliminated as being unnecessary. With respect to suggest ans should be left to the sound discretion of the legislature ed provisions which would prohibit the specific allocation who may act thereon from time to time, as conditions war of the proceeds of any particular tax or fund, the Commit rant. tee has voted to leave such to the sound judgment of the Proposal No. 73, Section 3 of Proposal No. 88 and the legislature. The final report of the Committee will contain sixth Section of Proposal No. 140 prohibit appropriations a section giving the Governor the authority to reduce ex for private purposes. The substance of these proposals penditures and to control the rate of expenditures. It is the will be covered in the Committee’s final report, which will belief of the Committee that such a provision so empower contain a provision to the effect that no appropriations of ing the Governor is most necessary and desirable in order public money or property shall be used, etc., except for a to assure a sound financial program for the State of Hawaii. public purpose. If an appropriation cannot meet the test of Proposal No. 88, Article VI, contains 6 sections. Sec being for “a public purpose,” then such appropriation will tions 1, 3, 5 and 6 thereof have been mentioned above. Sec be void. tion 2 which relates to the property of non-residents, is Proposal No. 74 and the fifth section of Proposal No. 140 taken from H. R. 49, and a similar provision will be includ relate to legislative budget procedure. The Committee’s ed in your Committee’s final report. final report will contain a section on legislative appropria tions procedure which is in general agreement with the basic Section 4 of Article VI of Proposal No. 88 and the third idea of these proposals except that such section will not pro section of Proposal No. 140, and Section 16 of Proposal No. vide that it shall be the duty of the Governor to appear with 141, relate to the public debt and limitations thereof. This respect to the budget for it can be assumed that the Govern subject is currently under consideration in your Committee or will always be more than willing to so appear. and while no decision has been reached as to the initial The Committee’s final report will contain a provision maximum limit and a method of adjustment to provide flexi empowering the Governor to strike out or reduce items of bility without impairing the credit of the State or any of its appropriations, similar to that suggested in the last line of subdivisions, it is the c onc ensus of your Committee that Proposal No. 74 and in the seventh section of Proposal No. limitation on debt is an essential requirement of a sound 140. state financial program, and the Committee’s final report Proposal No. 75 and the fourth section of Proposal No. will contain a section thereon. 140 relate to the budget and the provisions thereof will be Proposal No. 129 relates to the Employees’ Retirement substantially covered in the Committee’s final report. System and provides that the benefits therein shall be a Proposal No. 76 and the second section of Proposal No. diminished or impaired and that membership therein shall 140 relate to borrowing power of the state. Similar pro be a contractual relationship. It is the opinion of your Com hibition against the use, etc. of the credit of the state or mittee that to include such a provision in the Constitution any subdivision thereof except for public purposes will be would be unwise and unsound, for it would be committing included in your Committee’s final report. the State forevermore, practically speaking, to continue the Proposal No. 77, Section 6 of Article VI of Proposal No. present benefits, and it is conceivable that some adjust 88, the eleventh section of Proposal No. 140, and Section 18 imnts may become necessary at some future time. Further, of Proposal No. 141, all refer to excess condemnation. it appears to be unsound as class legislation. Government Proposal No. 13 as originally introduced contained a sec - employees are protected by law and it is the belief of your tion on excess condemnation, but upon the advice of the Committee that no provision should be placed in the Consti Attorney General to the effect that such a provision is un tution which would interfere with the free action of the leg necessary, since the state has the power to condemn pro islature who can take necessary action as the times may perty for public purposes as may be necessary, our Com warrant, after they have had an opportunity to complete a mittee proposes not to include a section on excess condem careful view and analysis of the system and of the then nation in its final report. financial~condition of the State. Proposal No. 78 and the ninth section of Proposal No. Proposal No. 140 relates to taxation and finance and is 140 relate to purchasing methods. There will be a section a complete article on this subject. All sections, except on this subject, substantially as recommended in your Com that on exemption from taxes, are covered in the comments mittee’s final report. above. Your Committee’s final report will contain a section Proposal No. 79, the tenth section in Proposal No. 140, with respect to exemption from real property taxes and in and Section 19 in Proposal No. 141 all relate to post audit- cludes all of the property mentioned in Proposal No. 140. STANDING COMMITTEE REPORT NO. 45 181 Proposal No. 141 relates to taxation and finance and re The Committee on Style has tentatively agreed, as a commends certain changes in Proposal No. 13. Your Com matter of simplicity and for ease in handling other sections mittee in its final report will recommend, in line with the as they come in, to incorporate them into 16 broad articles, first Section of Proposal No. 141, that all three appointments these to be arranged later in such form and number as of the Treasurer, Commissioner of Taxation and Com would best meet the needs of the final Constitution. missioner of Finance shall be by the Governor and confirm These are as follows: (1) Preamble, (2) Bill of Rights, ed by the Senate and that they shall serve at the pleasure (3) State Boundaries, (4) Legislative, (5) Executive, (6) of the Governor. Tudiciary, (7) Suffrage and Election, (8) Taxation and Fi Sections 7 and 8 of Proposal No. 141 would empower the nance, (9) Local Government, (10) General Welfare and legislature to increase the total of the Government’s general Health, (ii) Education, (12) Labor and Industry, (13) Agri appropriation bill and to add new items therein and would culture, Land and Conservation, (14) Miscellaneous, (15) eliminate a section in Proposal No. 13 which provided that Revision and Amendments, (16) Ordinances and Continuity. the legislature may make additional appropriations but only 2. The Committee on Style has tentatively agreed to use by separate bills. Your Committee in its final report will subtitles in the various articles as a matter of convenience recommend that the legislature may make amendments in and for the purpose of ease and locating information. The the general appropriations bill provided that the total amount Committee has also agreed to recommend to the Conven of the bill is not increased, and that the legislature may by tion the incorporation of language which would make it clear separate bill covering one object or purpose make such that the subtitles are not to be used in any way for judicial appropriations as it deems advisable. Your Committee is interpretation of the meaning of each of the sections. strongly of the opinion that if the State of Hawaii is to have The Committee has furthermore agreed to place these a sound financial program the total amount of the Governor’s subtitles in the margin where they will be easily visible for appropriation bill should not be increased within the general reference purposes. The action as to the final use of sub appropriations bill itself. titles will be left for later determination. Section 13 of Proposal No. 141 recommends the inclusion of gift taxes in the section on uniformity of taxes in Proposal 3. The Committee has tentatively agreed to use the No. 13. Your Committee has voted not to include any con United States Government Style Manual for purpose of form, stitutional provision on uniformity of taxation, leaving that but will make necessary changes where it is felt that the to the legislature to act within the due process and equal Style Manual does not meet the needs of the Constitution. protection clauses of the constitution, except that the pro 4. Your Committee calls attention to the following vision with respect to taxation of nonresidents as provided changes in style which have been made in the proposed in H. B. 49, will be included in your Committee’s final re article as adopted on the floor of the Convention. In com port. Other provisions of Proposal No. 141 with respect to paring the recommended changes the Committee suggests debt limitations, excess condemnation, and post auditing, that the delegates compare the Style Committee Proposal are covered in comments on these subjects above. (No. 1, RD 4) with Committee Proposal No. 1, RD 3. Your Committee therefore recommends that Proposals Nos. 7, 13, 73, 74, 75, 76, 77, 78,79, 80, 81, Article VI of Section 1. No changes are suggested except that the Proposal 88, 129, 140 and 141, and Committee Proposal word “state” has been capitalized to conform to the Style No. 2 attached to this Committee’s Communication No. 93 Manual. The same procedure will be followed throughout [Standing Com. Rpt. No. 19A], be filed .—June 5, 1950 in the proposed article. Section 2. Two changes are suggested in Section 2, Henry A. White, John K. Lai placing a comma in the second line after the word “re Chairman Charles A. Rice habilitation” and the substitution of the word “of” for the Harold W. Rice. Herbert M. Richards word “for.” Vice-Chairman Sakuichi Sakai Section 3. The only change suggested in Section 3 is Alexander Castro C. Nils Tavares the substitution of “Public Assistance” for “Social Security” Frank Y. Kam Arthur K. Trask in the subtitie, which more nearly describes the subject Masao Kanemaru Arthur D. Woolaway matter of the section. Tack Mizuha— I do not concur with the deletion of Pro Section 4. In line two a comma has been inserted after posal No. 7. the word “for.” In line 3 a comma has been inserted after Tames K. Yamamoto—I do not concur. the word “in.” After the word “and” before the word “re Takao Yamauchi—I do not concur on Proposal No. 7. habilitation” the words “the development or” were added. A comma was placed after the word “areas.” The purpose of the commas in that Section is to make it clear that the power to provide for, or assist in, applies to STANDING COMMITTEE REPORT NO. 45 all of the listed areas— slum clearance, development and rehabilitation of substandard areas. Your Committee on Style to which was referred Commit Your Committee has added the word “development” in tee Proposal No. 1, dealing with Health and General Welfare, that Section since it was the intention of the Convention in has examined the action of the Convention and the report of the Committee of the Whole to cover not only the rehabilita the Committee of the Whole and begs leave to report as tion of substandard areas but also the development of such follows: areas. 1. That the proposal entitied Health and General Welfare It was felt by your Committee that the inclusion of this be adopted on Third Beading in the form attached (Com. Pro term is not a change of substance. It incorporates the in- posal No. 1, RD. 4). tent of the Convention and as a matter of style was included The Committee calls the Convention’s attention to its in the Section. action which has been adopted as a matter of procedure in Section 5. In line 4 the Committee recommends a dealing with subsequent articles to be submitted to the Con comma after the second ‘and” after the words “for that vention. purpose.” 182 JOURNAL DOCUMENTS Section 6. Your Committee recommends the changing leave to report as follows, with respect to the so-called of the subtitle by substituting the word “Construction” for “statutory initiative and referendum” and the “recall.” the present subtitle “Powers of State.” Two measures on initiative and referendum, for enact ment of both statutes and constitutional amendments — name - The Committee felt that the powers of the state were not ly, Proposals Nos. 113 and 148 were referred to your Com adequately descriptive of the substance of that Section. It mittee. No proposal for the recall was referred to your felt that the Section was concerned primarily with the ques Committee. tion of construction of powers rather than with the powers The majority of your Committee has voted to recommend of state, as such. against the inclusion of the statutory initiative and refer The Committee on Style recommends that the proposed~ endum, or the recall, in the constitution, for reasons here article, as presented by the Style Committee, be adopted on inafter stated. third reading. —June 6, 1950 Statutory Initiative Benjamin 0. Wist, Tom T. Okino Chairman Clarence Y. Shimamura According to the Legislative Reference Bureau, Nelson K. Doi, Cable A. Wirts The initiative is a device whereby a stated number of Vice-Chairman Mini. H. Heen voters, by petition, may frame a measure— an ordinary Herbert M. Richards Alexander Castro law or an amendment to the constitution— and cause It Steere G. Noda C. Nils Tavares to be submitted to a popular vote. It is of two types, Marguerite K. Ashford Takao Yamauchi direct and indirect. - 3. Garner Anthony Randolph Crossley The Direct type places a proposed measure upon the Harold S. Roberts ballot for submission to the electorate without legislative action. In the indirect type, the initiated measure goes to the legislature which must act upon tt within a speci ARTICLE K. fied period. If it is passed unchanged and signed by the SECTION 1. [Public Health] The State shall provide for governor, it becomes law forthwith, unless a referendum the protection and promotion of the public health. is held, If amended or if not acted upon within the spec i SECTION 2. [Handicapped] The State shall have power fied period, it must be submitted to the electorate fof to provide for treatment and rehabilitation, as well as domi their “yes” or “no” vote. ciliary care, of mentally or physically handicapped persons. — Manual on State Constitutional Provisions, SECTION 3, [Public Assistance] The State shall have Legislative Reference Bureau, University power to provide assistance for persons unable to maintain of Hawaii,1950, page 119. a standard of living compatible with decency and health. The foregoing quotation is a substantially correct general SECTION 4. [Slum Clearance, Rehabilitation and Hous definition of the initiative, without going into the various ing] The State shall have power to provide for, or assist ramifications of the systems of the nineteen states which in, slum clearance and the development or rehabilitation of have adopted this method of legislation. sub-standard areas, including housing for persons of low While this portion of this majority report is addressed income. to the “statutory initiative,” i.e., use of the initiative for en SECTION 5. [Public Sightliness and Good Order] The acting legislation, as opposed to use of the same for initiat State shall have power to conserve and develop its natural ing constitutional amendmentu, most, if not all, of the rea beauty, objects and places of historic or cultural interest, sons which have impelled the majority of your Committee to sightliness and physical good order, and, for that purpose recommend against inclusion of the statutory initiative in private property shall be subject to reasonable regulation. our constitution are equally valid against inclusion of the same for constitutional amendments. The majority of your SECTION 6. [Construction] The enumeration in this committee therefore has, in a separate report upon propos article of specified powers shall not be construed as limit ed methods of amending the constitution, also recommended ations upon the powers of the State to provide for the gener against the initiative method for constitutional amendments. al welfare of the people. The majority of your Committee recommends against the inclusion of the statutory initiative in the constitution for all or most of the reasons hereinafter stated. STANDING COMMITTEE REPORT NO. 46 1. It is interesting to note that constitutional provisions Your Committee on Printing to which was referred for initiative of statutes were adopted between 1898 and Standing Corn. Rpt. No. 45 from the Committee on Style 1918, but that no new state since 1918 has adopted such begs leave to report that said report has thin day been measures, although some of the nineteen states that had the printed. —June 7, 1950 initiative have retained it in more recent revisions of their constitutions. While such failure of new states to adopt such Charles H. Silva, Chairman measures for the last 32 years is not necessarily a conclu sive indication of the undesirability thereof, your Committee, after examining the evidence and arguments pro and con, STANDING COMMITTEE REPORT NO. 47 is inclined to believe that the failure of other states to adopt statutory initiative has been due (a) to the failure of this ex Your Committee on Revision, Amendments, Initiative, pedient to achieve as good results as had at first been claim Referendum and Recall, composed of the following members: ed for it by those who believed that the cure for all of our Yas~ata1ca Fukushima, Chairman, Sohn K. Lai, Vice-Chair ills was more direct democracy in all forms of government, man, MatsukiArashl~o, Alexander H. F. Castro, Hiram L. (b) to the possible abuses and inherent defects of the system Fong, Peter Kawahara, Earl A. Nielsen, Frederick Ohrt, which have become more apparent in recent years, and Richard St. Sure, C. Ntis Tavares, and Cable A. Wirtz, begs (c) to the discovery and institution of means of improving STANDING COMMITTEE REPORT NO. 47 183 and streamlining the ancient legislative machinery to meet drawn, not solely for the apparent temporary need or the more adequately the needs of the times. fleeting desires of the moment, but with deliberation and careful consideration of long-range needs and fair treat 2. It is unfortunately true that, until quite recenily, the ment to ail classes as far as possible. legislative departments of a great many of the states and of Congress had failed to keep pace in efficiency and respon The proper manner of creating a feeling of responsibili siveness to the needs of the community with the advances ty in any agency such as the legislative department, is to in the executive and judicial departments. In the latter two give ft full responsibility for making laws in the best interest departments there had been for a long time continuous and for the welfare of the people and holding its members efforts at improvement through legislation and constitution responsible therefor. The initiative by-passes the legisla al amendments, and much success in those efforts. The ture and thereby tends to lower popular respect for that initiative and referendum were called into being as a means body by lessening its importance and weakening its responsi of attempting to remedy the situation caused by this lag of bility. Instead of concentrating upon the election of able the legislative department in modernizing its own procedure persons and depending upon them to pass good laws, it en and improving its efficiency. Since that time, however, courages people to feel that legislators are not so import notable advances have been made in some states and are ant because the people can always directly do what they being considered in others to so improve the legislative de want and override the legislature. Such a situation does not partment’s functioning as to render unnecessary the more tend to attract the ablest candidates or to encourage law cosily cwubersome and impractical initiative. Among these irakers to do their full duty. improvements, have been automatic periodic reapportion The majority of your Committee believes that the cure ment in at least one house to keep pace with changing popula for the shorteomings that exist in or are claimed against tion trends; more frequent sessions; constitutional or legis our legislative department or our government as a whole, lative provisions, or adoption..ef more modern rules of pro lies, not in the adoption of the initiative, which is a step cedure to expedite legislation and minimize cumbersome back toward the total democracy of Athens, which was one and time-consuming procedures; more adequate compensa of the chief causes of the downfall of that greatest civiliza tion and technical and other assistance to legislators, in tion of antiquity, but in the strengthening of our representa cluding bill-drafting service, legislative councils, and legis tive system through the adoption of the improved methods lative reference service; and even greater efficiency in the and measures mentioned above. executive departments. 4. Under the American system of free enterprise under One of the wituesses in favor of statutory initiative be a republican form of government, which has. made and kept fore your Committee admitted that such improvement and this country great, it is necessary that the people be given streamlining of our legislative and executive departments, as free rein as possible, consistent with the general wel if carried to a sufficient degree would minimize, or even fare, to engage in business to earn a living wage, to produce eliminate, the arguments in favor of popular initiative for goods and to perform all the other activities that make this legislation. This is the means which the majority of your nation strong economically. The operations of government Committee favors to meet the real or supposed short require taxes, and taxes come, not from money furnished comings of the legislative and executive departments of miraculously by the “government,” but from the earnings the past, rather than the impractical popular initiative. and profits of the people. It is well known that elections 3. The majority of your Committee believes that the and legislative sessions have a disturbing effect upon the genius of the men who wrote the Federal Constitution is community and upon business, big and small. All good exemplified in the highest measure by their creation of the citizens must, to some extent, neglect their everyday affairs, republican or representative form of government, as the their work and their business, to take part in these import most efficient and stable form of government between the ant processes, whether ft be to advocate good candidates or undesirable extremes of tyranny or dictatorship on the one good laws, or oppose bad ones. This responsibility they hand and government direcily by the people— as in the case must cheerfully accept as the price of liberty and efficient of the old New England Town Meeting and the pure democra government. However, there must be some peace, some cy of Athens— on the other. The survival of this country surcease, from these activities to enable the people to pro and its leadership among all the,nations of the world can ceed normally with the work and business which will raise well be laid in large part to the stability, consistency and the taxes to support their government. The initiative, along balance of this representative form of government. with the referendum and recall, will tend to destroy that Under this system, the people initially set up a frame period of peace and normal operations between elections work of government which does not change with every ebb and sessions of the legislature, and to further disrupt the and flow of the tide of popular opinion. This framework, normal business and affairs of the people who are already which cannot be changed except with great effort and deliber struggling under an enormous burden of taxes and govern ation, produces an enduring stability not found in other types mental red tape. With the large, cohesive, well-disciplined of government. Within this enduring framework, the people and militant pressure groups agitating for the initiative, ft elect their legislators for short terms, and these lawmakers, is almost certain that ft will be much used, not only by them, together with the members of the executive and judicial de but also by other groups which will be sure to organize as partments, chosen in the manner provided by the basic docu in other states in recent years, for pensions, “ham and egg” ment, rule for the people. The system of checks and balances legislation, increased compensation, and other costiy between departments tends to prevent excesses, abuses and schemes, which should be carefully and deliberately con usurpations, and the short but certain tenure of the legisla sidered in our legislature with full regard to the needs of tors and governor insures that, by and large, the government other groups and of the public generally and the available will be responsive to the true and enduring dictates and de resources of the Territory. Such consideration has never sires of the people, but will not necessarily follow the been, and never can be, adequately given by the people under dangerous and often mistaken dictates of storms of hasty, the inftiative system. With business now in an uncertain temporary and changeable public emotion. Except in time state, the prospect of continuous turmoil and strife which of war and equally urgent disaster or crisis, laws should be can be engendered by the initiative, in addftion to all the 184 JOURNAL DOCUMENTS other trials and tribulations that must be suffered by citi such opinion is sustained and not transient. Considering zens and taxpayers, is caused for sincere concern. the small size of the Territory, and the aids to more ef ficient legislation and government in general contemplated 5. The use of the initiative eliminates the mature de by the constitution, some of which are mentioned in this re liberation, amendment and compromise usually necessary port, that tradition of legislative responsiveness can fully to produce sound and lasting legislation. The people must be expected to continue. vote “yes” or “no” on a proposal once submitted to the electorate. In the legislature, a bill may be amended any 8. Assuming, as the majority of your Committee does, number of times after debate discloses its weaknesses, or that this convention will approve the principle of full rep opposition forces compromise to meet objections raised to resentation according to population in the House of Rep its form or substance. After the initiative measure is sub resentatives of the State Legislature, and geographic rep mitted to the people, no matter how many weaknesses, evils resentation in the Senate, thereby giving control of the or faults are discovered during the course of the campaign House to the City and County of Honolulu and of the Senate for or against its adoption, it can not be amended—the people to the other counties, the adoption of a statutory initiative must take it or leave it “as is.” provision in the constitution would destroy the balance of Realizing this basic weakness, the proponents of the legislative representation, since, unlike the situation in initiative have hit upon the “indirect initiative” as an alleg any other state, one county here contains much more than ed means of overcoming this defect. However, even this one-half of the entire population of the state— about sixty- does not fully meet the situation, If an initiative measure five percent. If the principle of such balance between populai appears to the legislature, to which it is submitted under the and geographic representation in the Legislature is sound, indirect initiative system, to be so improvident, impractic as the majority of your Committee believes it to be, in view able or otherwise undesirable as to warrant its being en of the special conditions prevailing in these Islands, then to tirely rejected, it is asking too much of human nature to give to the people of one city and county alone the power to expect them to spend days, perhaps weeks, of study, debate enact legislation regardless of the needs or desires of those and redrafting, just to put the measure in as nearly perfect of the other counties would be to contradict that principle, form as possible. The result wiil be a submission of the unless so many restrictions should be written around the original, or some poorly redrafted substitute, to the electo exercise of the initiative as to render it either unworkable rate, to be voted on, without any further opportunity for or unrecognizable as compared to that of any other state amendment. system. 9. One of the necessary features of laws adopted by the 6. The initiative is expensive. The State must pay for legislature is the necessity for three readings and the oppor printing the petitions, the ballots, the information pamph tunity for full debate in the open before committees and in lets, the cost of mailing such information to voters, other each House, during the course of which the purposes of the advertising costs, the checking of the petitions to see that measures, and their meaning, scope and probable effect, they have been signed by the requisite number of voters, and the validity of the alleged facts and arguments given in and the election expenses. their support can be fully examined and, if false or unsound, An additional, and much greater expense falls on the can be exposed, before any action of consequence is taken sponsors and opponents of the measure. They must bear thereon. To be sure, bills can be introduced in the legisla the cost of securing signers to the petition and underwrite ture with the same kinds of defects, improvident or imprac an extensive campaign to inform and influence the voters tical provisions, and selfish or improper motives, as might on the issue. Your Committee was given figures indicating exist in initiative measures, But the expenses attendant that the cost to defeat the Townsend pension plan in Oregon upon the introduction of such a bill in the legislature and was $44,000. Recently in California, because the taxpayers its decease by action or inaction of the members and the did not make available substantial private funds to oppose consequences of such introduction and defeat of the measure, Proposal 4, which provided abnormally high payments to are quite likely to be infinitesimal as compared to those the aged, leaving insufficient funds for other government attendant upon the initiation of a measure through the popul purposes, it was necessary to spend $900,000 to bring the ar initiative, On the other hand, once an initiative petition natter again before the electorate and defeat it. is signed by the requisite number of electors, an irrevocable The initiative has, according to some authorities, even chain of circumstances is set up under which, even under produced professional publicists who, for stated fees of so the indirect initiative, the measure in some form or other much per head, or other considerations, undertake to se must be submitted to the voters, (if it does not become law cure the req’iired number of signers to any petition, and to by overawing the legislature into its enactment) regardless sway the election. of how unsound or improvident the whole scheme may be, 7. The small size of the proposed State of Hawaii (having and with all the large expenses, direct and indirect, attend a population less than that of many large cities) with its ant thereon. And how is this chain of circumstances so less complex problems than those of most of the states irrevocably forged? By the circulation of a petition by per which has a very large number of counties, make it possible sons, often selfishly interested in a special group, either for our legislators, because of personal knowledge and con secretly or in such manner as to make it impossible for tact, to consider adequately and with reasonable prompiness any opponents of the scheme to hear or know the representa all of the local and general problems which are likely to tions of fact or arguments presented to the signers. The arise. The majority of your Committee believes that an un proponents are not interested in giving both sides of the biased examination of the history of Hawaii and the laws controversy or, in many cases, even in truthfully stating passed since the inception of the Territorial government the facts and arguments in favor of their proposal. They will disclose that with but one notable exception— reap are interested only in making such representations and pdrtionment (which will be much better remedied by auto using such arguments and blandishments, possibly even matic reapportionment than by initiative) our legislature threats, as will yield the requisite number of signatures. has been fully responsive to the real needs of the Territory The general public is unable to evaluate the representa and the counties and to popular opinion when convinced that tions made at the time signatures are obtained. This is be- STANDING COMMITTEE REPORT NO. 47 185 cause any possible opponent of the measure cannot be pre while under the compulsory form certain types of nieas sent at such time and consequently is unable to expose false ures must be re-referred to the people. statements of fact, unsound arguments and half-truths, or We do not here pass upon the merits of the referendum for to present countervailing arguments, facts or other perti ratification by the people of constitutional amendments, or nent information. Nor are possible opponents able to en for the calling of constitutional conventions, which is recom lighten the public as to the scope or possible consequencds mended in a separate report. We address this report to the of the proposal— the probable cost and possible lack of so-called “statutory referendum.” adequate financing, and the effect upon other necessary governmental services affecting the public welfare. In none 1. Since the referendum is usually an integral part of of the arguments advanced before your Committee in favor the popular initiative system, all that has been said in op of the initiative was there suggested any effective means of position to the initiative in the foregoing pages applies pro remedying this defect, and your Committee does not believe tanto to the referendum as a part thereof. that it can be effectively remedied without hedging the initia 2. However, independently of the initiative, the referen tive about with so many restrictions as to render it practi dum, for many of the foregoing reasons is also objection cally unworkable. able, in the view of the majorfty of your Committee. In The fact that, according to figures given to your Com addition, it is believed that the referendum, whether com mittee, in a number of cases, fewer persons voted on an pulsory or optional, tends to further weaken the legislature initiative proposition than signed the petition, and the smail and to encourage ft to “pass the bock” and thereby avoid number of persons that often vote on such questions, are the responsibility to make laws and decisions for which ft further indications that the signing of an initiative petition is elected. A strong, responsible and responsive legislature is often procured without any real understanding of or in can best be assured by giving it full and sole responsibilfty terest in the measure on the part of the signer. and holding fts members thereto. 10. Most proponents of the initiative and referendum advocate adoption of such measures, not by a majority of 3. In this connection, unless the constitution otherwise the votes cast, but by a majority of those voting thereon, for expressly provides, there is nothing to prevent the legisla the simple reason that they recognize that the requirement ture, if it so desires, from providing for the taking of an opinion poll, or advisory referendum, as was done with re of any really substantial proportion of the voters or electo rate for such adoption will in most cases render it impossi spect to Statehood sentiment in this Territory in 1940 under ble to secure legislation in this manner except in rare in- our Organic Act, which contains no specific provision for stances. This indicates that the initiative and referendum such advisory referendum. This is mentioned here, because are primarily tools of minority or pressure groups who do of a suggestion made by a member of your Committee that not represent the wishes or desires of the general public, we adopt an advisory referendum system. We consider this which is often indifferent to such measures, and large num unnecessary for the reason just stated. bers of which fail to vote thereon, with the result that the Accordingly, the majority of your Committee recom pluralities or majorities which adopt or defeat initiated mends against the inclusion in the constitution of any pro measures are frequently rather small. Your Committee vision for the statutory referendum, believing, as ft does, was amazed to learn that in many instances of referenda of that the only effective remedy for legislative short-comings various measures, including constitutional amendments, lies in improving the legislature and the other departments the number of persons actually voting on such measures of government so as to make them more efficient and more was very much lower than the number of persons voting responsive. for candidates at the same election. The fact of the matter The Recall is that a very large proportion of the public will not take According to the Manual on State Constitutional Provi the time or the trouble to be well enough informed on such sions, supra (p. 125), complicated measures as laws proposed by initiative, a~id simply refuse to vote thereon. The recall is a device whereby the people, bypetftion, may order a special election to determine whether a cer - 11. Finally, in this Territory, which has not had the tam official should continue in office or be immediately initiative and referendum, the figures indicate that our removed and superseded by a successor. The purpose legislature had been liberal in “social legislation,” includ of the recall is qufte different from that of the initiative ing schools and teachers’ salaries, unemployment compen and referendum, its aim being to make officials more sation, workmen’s compensation, labor legislation including representative and responsive to the popular will by hold the “Little Wagner Act,” as well as many other progressive over them the constant threat of removal from office. measures. The majority of your Committee believes that the facts show that our legislature has not been wanting in 1. The majority of your Committee also recommends social consciousness or responsiveness to true public need against inclusion in the constftution of any provision for re and sentiment. call. Except in the case of judges, whose terms should be much longer than other state officials, in the majority of Referendum your Commfttee’s view, the terms of elected officials will According to the Manual of State Constitutional Provi undoubtedly be not longer than four years, and some may be sions, hereinbefore quoted (p. 123), as short as two years. This is not such a long time to waft to get rid of an elective officer whose actions may have been The referendum is a device to permit the people to such as to cause a substantial segment of the people to want accept or reject a statute or constitutional amendment him removed, yet who may not have been guilty of sufficient proposed either by the legislative body or by the peo ly serious misconduct to warrant impeachment or removal ple. through regular means. The remedy for corrupt or incom Under the optional form of referendum, which is the petent officials is to provide for more efficient impeachment more common type established by constitutional provi procedures, or for removal by the courts for stated types sion, measures are placed on the ballot by petition, of misconduct such as conviction of crime, rather than the 186 JOURNAL DOCUMENTS costly, disruptive and partisan expedient of the recall elec the necessity for or merit and effectiveness of the same, tion. none of which has been satisfactorily established in the 2. In the opinion of the majority of your Committee the minds of the majority of your Committee, we believe that recall can well be used, not as an instrument to serve the such provisions should not be included in the constitution. will of the people, but as a weapon in the hands of a loud, For all or some of the foregoing reasons the majority of weil organized minority to bludgeon a public official into your Committee therefore recommends against the inclusion submission to their will or face the agony of a recall elec in the constitution of the statutory initiative, the statutory tion. referendum, and the recall and that Proposals Nos. 113 and A conscientious public official often has to make unpopu 148 be placed on file.—June 8, 1950 lar decisions based upon his judgment as to the requirements John K. Lai, Hiram L. Fong of the constitution or laws which by oath he must support, Vice-C hairman Frederick Ohrt or as to the righteousness of his position or the long-range Alexander Castro C. Nils Tavares advantage to the public. The public, if allowed to “cool off” Cable A. Wirtu after such a decision, may, and often does, recognize that the official was right, or that, even if he was wrong, he acted upon honest conviction and with good motives. But if the STANDING COMMITTEE REPORT NO. 48 matter is forced to issue immediately after the unpopular decision, and the public whipped up to fever heat by interest Your Committee on Revision, Amendments, Initiative, ed demagogues, the public may well lose a conscientious Referendum and Recall to which was referred the following and able official for one trivial mistake that no impartial proposals, to-wit: Proposal No. 34, relating to Constitu tribunal would consider as justifying removal. tional Conventions; No. 104, relating to the reconvening of An official corrupt enough to deserve immediate ousting Constitutional Conventions for the purposes of amending can, through proper constitutional or legal authorization, and reviewing the State Constitution; Nos. 119 and 170, be removed by the usual proceedings of prosecution, or im relating to Constitutional amendment, and Article X of peachment, or some other equally effective, fairer and less No. 88, relating to Constitutional revision, begs leave to costly and disruptive method. report a complete article on Revision and Amendments. 3. The public should understand that when they elect an In drafting this article for the consideration of the con official, he has been placed in office for a prescribed term vention, your Committee recognized the absolute need of a and should be given the full responsibility for the opportuni reasonably workable means of amending and revising the ty of carrying out his functions for that term. He is far Hawaii State Constitution. No constitution can effectively more likely to be fair and conscientious, according to his serve its function as a basic law without being adaptable to own best convictions, where his tenure is reasonably secure the changing times. Needed formal changes in a state con for his term and he can depend upon the time before the stitution can be effected through by either amendment or next regular election to prove the wisdom and propriety of revision; an amendment is usually employed to obtain spe his actions as the basis for his re-election, than where he cific changes and revision is reserved for general over is subject to the sword of Damocles of recall hanging over hauling and reevaluation of the entire constitution. his head every time he makes a step that displeases a This article provides the necessary machinery for re powerful minority. vising and amending our State Constitution. Your COmmitteE Your Committee has been apprised of instances where was mindful, during its deliberations, that the amending pro. the recall has been abused in recent times, but for classic cedure should not be made too easy, since undue ease of examples of the disastrous possibilities of this system of amendment impairs the respect of the public for its basic attempted “direct government” by the people, acting under law, tends to unduly lengthen and burden the constitution hasty emotional stress, we can again cite the experience of with legislative matters and minutiae, and encourages at Athens, which lost several wars and finally sank into politi tempts by visionaries and selfish pressure groups to ad cal oblivion through this very device, by recalling its able vance impracticable schemes and proposals. On the other leaders in times of crisis through the influence of rabble- hand, your Committee felt that it should not be so cumber rousing rivals and demagogues. some as to render amendment practically prohibitive or impossible. 4. Again, although the threat of recall may possibly at Your Committee heard various wilnesses on this subject, times have a deterring effect upon officials with respect to and reèeived valuable memoranda bro and con. It also proposed actions by them, whether such actions might be studied the provisions of the various states relative to this proper or otherwise, there is no assurance that, through the subject and found no uniformity in state constitutions. exercise of this power, a successor will be elected who will Generally speaking, the constitutions of the state dis be as good as or better than the removed official. tinguish between two separate processes in the revision or 5. Finally, the majority of your Committee is of the dis amendment of such constitutions. The first process may~ tinct view that in view of the paucity of any proposals ad properly be referred to as “initiation” or “proposal” of vocating recall, there is no substantial public demand for it. amendments or revision, and the second process as “adop tion” or “ratification” of such proposed amendments or re Conclusion visions. In closing, the majority of your Committee wishes to Three methods of initiating or proposing amendments or state that, with respect to the statutory initiative and refer revisions are recognized in the various state constitutions. endum, and the recall, the controversy between proponents They are: (1) proposal by the legislature; (2) proposal by a of and authorities on these sul~ects is very great as to the constitutional convention; and (3) proposal by popular in merits and effectiveness of any of these measures, and the itiative. evidence as to such merits and effectiveness is far from con Also, three methods of adopting amendments are recog clusive. In the absence of a clear showing of great popular nized in the various states. They are: (1) adoption by the demand for any such measures, or convincing evidence of legislature; (2) adoption by constitutional conventions, when STANDING COMMITTEE REPORT NO. 48 187 such conventions have been assembled to consider revision be the same, as nearly as practicable, as provided in that or amendments; and (3) adoption by direct popular vote. Act Your Committee was in general agreement that the meth Your Committee was unanimous in its opinion that any od of adoption or ratification of an amendment or revision qualified voter of the district concerned should be qualified should be only by direct popular vote and has so provided to become a delegate, thereby permitting government officers in the proposal herewith submitted. and employees to sit as delegates; that a vacancy should be However, with regard to initiation or proposal of amend filled by a person representing the district in which the ments and revision, your Committee firmly felt that there vacancy has occurred;’ and the convention should be empower should be only two prescribed methods, namely, (1) by con ed to determine its own rules and organization, should be stitutional convention, and, (2) by the legislature. Your the sole judges of the qualifications of its members, and Committee acted unfavorably on constitutional amendments should be empowered ‘to suspend or remove a member for and revision by popular initiative on precisely the same cause by a two-thirds vote. grounds that it advanced against statutory initiative which This section also permits the convention to provide for have been more spec ificaily set forth in another report the time and maaner in which the proposed constitutional (Standing Com. Rpt. No. 47) to which reference is hereby provisions shall be submitted to vote of the electors, but made. Your Committee was even more strongly opposed imposes the following limitations: to constitutional initiative, than it was to statutory initi (a) Upon questions other than reapportionment of the ative, feeling that the weaknesses and dangers which render Senate, if the vote is taken at a general election, the rati statutory initiative unwise would be greatly accentuated fication must be by a majority of the votes tallied upon the when such a scheme is applied to changes in the basic law. question, but such majority must also constitute at least With the foregoing principles in mind, your Committee 35 per cent of the total vote cast at such election. The rea has examined the aforementioned proposals before it and son for using the term “votes tallied,” is to exclude blank has drafted a complete article on revision and amendments. ballots and spoiled ballots on the ratification question only, Proposal No. 34 has been used as the basis for the provi thus requiring the majority of the votes actually tallied for sions of the committee proposal for amending or revising or against ratification. This measure is used because of the constitution by the constitutional convention method, evidence submitted to your Committee showing that, in a and Proposal No. 119 as the basis for the provisions relat great many general elections, the total number of votes cast ing to the legislative method. Both, however, have been con for or against a constitutional amendment or revision is siderably revised. The several sections of the article will very much less than the total number of votes cast for candi be briefly discussed. dates. This seems to be accounted for by the fact that many voters find little difficulty in voting to elect individuals, but Section 1 provides for the procedure for proposing amend are confused or unwilling to indulge in the mental labor of ments to or revision of the state constitution by a constitu deciding difficult questions of constitutional policy, and tional convention or by the legislature. therefore often either cast blank ballots or, in the case of voting machines, refuse to vote on the proposition. The re Revision or Amendment by Constitutional Convention sult often is that, although an overwhelming majority of the Section 2 provides for the submission to the people by the persons actually voting for or against the proposition may legislature at any time on the question, “Shall there be approve it, the total of all such persons so voting is less a convention to propose a revision of or amendments to the than one half of the total number voting for candidates. constitution?.” If the legislature does not submit the ques Such tendencies have made practically impossible amend tion to the people within any period of ten years then the ment of the constitutions of certain states, such as Tennessee state officer, whose duty it is to certify state-wide public and illinois, which require a majority & the total number questions for submission to the people, is required to certify of persons voting at a general election, as a condition of the question to be voted on by the people at the first general ratification. election alter the expiration of ten years from the date of Under the circumstances, in order to render the system the last submission. Your Committee felt that the 20 year of ratification reasonably workable, your Committee has period between mandatory submission provided for in Pro adopted the above mentioned method of determining a major posal No. 34 was too long and that a shorter period of ten ity upon the basis of the total of votes tallied, rather than years, together with the liberal and flexible machinery pro the requirement of a majority of all persons voting at the vided for proposing legislatively initiated amendments and election. To reassure those who feel that at least a mini for ratification, would provide sufficient assurance of op mum number of the total electorate ought to ratify an amend portunity by the people to adapt the constitution to new con ment, your Committee has also added a requirement that ditions within a reasonable time, if the legislature should such a majority must also equal at least 35 per cent of the fail to do so in the face of popular demand. total vote cast at the election. Section 2 also provides that if a majority of the ballots Upon the basis of past experience in general elections in tallied upon the question favors the holding of a convention, Hawaii, which shows that from 70 to 85 per cent of all re delegates shall be chosen at the next regular election unless gistered electors turn out to vote, one half of 70 would be the legislature provides for a special election for that pur 35 per cent of the total votes cast. This indicates that the pose. 35 per cent minimum is a fairly conservative one. It also provides for the qualifications of delegates, filling (b) Upon questions other than reapportionment of the of vacancies, the determination by the convention of its own Senate, if the vote on ratification is at a special election, at organization and rules of procedure, and removal or suspen which, due to the probable lack of personal’ appeal to the sion of delegates for cause. voters engendered at a general election for numerous candi Act 334 of the Session Laws of Hawali 1949 is set up as dates, there might be a rather small turnout, a different a guide to future conventions, with a self-executing provision standard is set. In such case, not only must the favorable that, if the legislature fails to provide therefor, the numeri vote be a majority of the total votes tallied on the question, cal and geographical representation in the convention shall but such majority must equal at least 35 per cent of the to- 188 JOURNAL DOCUMENTS tal registered voters for that special election. It is realized al election. Of course, as section 3 is drawn, no ratifica that this sets a higher minimum for ratification at a special tion of legislatively proposed amendments at a special elec - election than at a general one. However, your Committee tion is authorized. believes that such ratification at a special election should Section 4 makes it clear that the governor’s veto power be discouraged, and that ratification at a general election, is not applicable to constitutional amendments proposed by should be encouraged, first, because of larger number of either of the two methods provided by sections 2 and 3. electors usually votes at such an election, and secondly, be Your Committee believes this appropriate, since ample con cause there is less additional expense at a general election. sideration is provided for by either method, and ratification (c) Upon any constitutional provision involving reappor bjr the voters is also required for final adoption. tionment of the Senate, in order to give some stability to the Upon one matter, your Committee is divided, namely the control of that body by the counties, which your committee question of initiation of constitutional amendments by popul understands is the policy favored by the Committee on Leg ar initiative. A minority of your Committee favors the islative Powers and Functions, this section provides a fur popular initiative method in addition to the others proposed ther safeguard in the requirement that such a measure must by this article. also be approved by a majority of the votes tallied upon the Such minority concurs in the recommendations and rea question in each of a majority of the counties. sons set forth in this report, with the exception of those This section is made self-executing, but the legislature relating to such popular initiative method, but does not con is authorized to enact laws to facilitate its operation. cur in the omission of such popular initiative method or in the reasons advanced for such omission. Revision or Amendments by the Legislature Section 3 of the proposed article provides for initiation Recommendations of proposed constitutional amendments by the legislature. Subject to the foregoing qualification by the minority of Two alternative methods for doing this are provided: your Committee, your Committee submits Committee Pro (a) In order to propose such amendments through action posal No. 9, attached to this report, and recommends pass at a single session, each house must pass the measure in age of the same. the manner required for ordinary legislation, but with a Your Committee, having considered Proposals Nos. 34, two-thirds vote of the total membership of each house on 104, 119, 170 and Article X of Proposal No. 88, returns all final reading and alter either or both houses shall have given of said proposals with the recommendation that they be the governor at least ten days written notice of the final placed on file for the following reasons: form of the proposed amendment. The requirement of notice (a) Proposals Nos. 34 and 119 have been largely incorpo to the governor is to insure at least an opportunity for him rated in Committee Proposal No. 9 herewith submitted. and the attorney general to submit to the legislature, if he (b) Article X of Proposal No. 88 has been partially in so desires, any suggestions or objections which seem ap corporated in Committee Proposal No. 9, being somewhat propriate to them. similar in subject matter to Proposal No. 119. (b) The legislature may also, by adopting such measure (c) Proposal No. 104 proposes the calling of constitution in the manner required for ordinary legislation, but by only al conventions by the governor every ten years and the hold a majority vote of each house, on final reading, at two suc ing of general elections for the purpose of electing delegates cessive sessions, regular or special, or both, propose such to the convention. amendments. No requirement of notice to the governor is This proposal has been rejected in view of the provisions prescribed in such case, since the governor and attorney of the Committee Proposal, allowing the legislature to sub general will have ample time between sessions to consider mit the question at any time and requiring a mandatory elec - the proposal and make his views known thereon. tion only if the legislature falls to do this in any ten-year If the proposed amendment is approved by the legislature period. by either of the methods prescribed above, the proposed (d) Proposal No. 170 is substantially covered by section amendments must then be entered on the journals, with the 3 of Committee Proposal No. 9, with a slightly different ayes and noes, and published in the press once in each of proeedure.—June 8, 1950 four successive weeks, within the two-month period immedi Yasutnka Fukushima, Alexander Castro ately preceding the next succeeding general election for Chairman Peter Kawahara members of the legislature. Yohn K. Lai, Earl A. Nielsen It is required that, at the general election at which the Vice-Chairman Richard St. Sure question of ratification is submitted to the voters, the Matsuki Arashiro C. Nils Tavares amendments must be on a separate ballot. Some suggestion Cable A. Wirtz has been made, and Proposal No. 119 provided, that if there Hiram L. Fong were two or more amendments proposed, they should be so Frederick Ohrt submitted as to enable the electors to vote on each amend We do not concur with the last half of the second to ment separately. Your Committee, after careful considera the last paragraph entitled (b) of Section 2. tion believes that such a mandatory provision would be an- wise, as there might be some question as to what constitut COMMITTEE PROPOSAL NO. 9 ed “two or more amendments,” and in some cases several RELATING TO REVISION AND AMENDMENTS amendments might be so interdependent as to render im practicable their submission in the manner contemplated by RESOLVED, that the following be agreed upon as part of Proposal No. 119. It was thought that this ought to be left the State Constitution: to the good judgment of the legislature. ARTICLE. REVISION AND AMENDMENTS Finally, section 3 imposes the same conditions and re quirements, including the special condition with respect to SECTION 1. Procedure. Amendments to or revisions of amendments altering reapportionment of the Senate, as are this constitution may be proposed by the Legislature, or by imposed by section 2 with respect to ratification at a gener Constitutional Convention. STANDING COMMITTEE REPORT NO. 49 189 SECTION 2. Convention. The Legislature may submit a ballot separate from that upon which the names of candi to the people at any time the question, ‘Shall there be a con dates appear. vention to propose a revision of or amendments to the Con The conditions of and requirements for ratification of stitution?” If any ten-year period shall elapse during which such proposed amendments shall be the same as provided the question shall not have been submitted, the state officer for in section 2 of this article relating to ratification at a whose duty it is to certify statewide public questions for general election. submission to the people shall certify the question, to be SECTION 4. Veto Inapplicable. No proposal for amend voted on at the first general election following the expiration ment of the constitution adopted in either manner provided of such period. by this article shall be subject to veto by the governor. If a majority of the ballots cast upon such question is in the affirmative, delegates shall be chosen at the next regul ar election unless the legislature shall provide for election STANDING COMMITTEE REPORT NO. 49 of the delegates at a special election. The following members of the Committee on Revision, Any qualified voter of the district concerned shall be Amendments, Initiative, Referendum and Recall, in disagree eligible to membership in the convention. The convention ment with the recommendations of the majority report of may provide for the filling of any vacancy due to death, re said Committee, begs leave to report as follows: signation, or other cause, not otherwise provided for by We, the undersigned members of the committee, cannot law. The person selected for such vacant office shall have accede to the majority report of the committee, reporting the qualifications required for the original incumbent. unfavorably on the inclusion of provisions for the Initiative Unless the Legislature shall otherwise provide, the dele and Referendum in the Constitution for the State of Hawaii. gates to such convention shall consist of the same number, We are well aware of the arguments that have been so and be elected from the same areas, as nearly as practi carefully marshalled against these methods of popular cable, as specified by Act 334 of the Session Laws of Ha government. We have no desire to afford them further wail 1949. The convention shall determine its own organization and publicity by repeating them here. It is our firm and con sidered opinion that none of them has any substantial merit. rules of procedure; it shall be the sole judge of the quali fications of its members and, by a two-thirds vote, may We urge the adoption in our new Constitution of provi suspend or remove any member for cause. sions for the Initiative and Referendum as well established, The convention shall provide for the time and manner proven and workable methods of popular, democratic in which the proposed constitutional provisions shall be government. submitted to a vote of the electors of the state, but no such We urge their adoption as a re-affirmation of our faith proposal shall be effective unless approved, (a) at a general in the American way of life. We are appreciative of the election, by a majority of all of the votes tallied upon the limiiless value of experimentation. We recognize fully question, constituting at least thirty-five per cent of the that our democracy prospers, not on the premise that every total vote cast at such election, or (b) at a special election, individual is highly intelligent, but, rather on the basic by a majority of the total vote tallied upon such question, assumption that no one person has the super-intelligence to constituting at least thirty-five per cent of the total number decide for the people themselves what is best for them. We of registered voters; provided, that no constitutional pro know that the people as a whole are as competent to judge vision altering this proviso or the representation from any the wisdom of their acts as any particular group of people, senatorial district in the Senate shall become effective, an- any spokesmen of the people, or any individual. less It shall also be approved by a majority of the votes We urge their adoption, not because we believe they will tallied upon the question in each of a majority of the counties. be used indiscriminately, but because we feel that the possi The provisions of this section shafl be sell-executing, bility of their use wiil serve constantly to apprise our legis but the Legislature shall appropriate money and may enact lature and our legislators of their responsibilities to the legislation to facilitate its operation. people. We urge their adoption because where they have been SECTION 3. Amendments proposed by Legislature. The used with adequate safeguards, they have given impetus to Legislature may propose amendments to the constitution in progressive government, and have served as restraints on the following manner: oppression. We urge their adoption, in full recognition of the fact (a) By adopting the same, in the manner required for that the people might err, and that such error might have legislation, by a two-thirds vote of each house on final read to be corrected, because we firmly believe that to prevent ing, after either or both houses shall have given the governor the possibility of committing error is to prevent experi at least ten days written notice of the final form of the pro ment, prevent exploration, prevent progress and to prevent posed amendment; or initiative. (b) By adopting the same, in the manner required for legislation, with or without such notice to the governor, by We urge their adoption with ample precedent before us, not the least of which is the very fact that this Constitution, a majority vote of each house on final reading, at each of which we ourselves are now drafting, is to be subject to a two successive sessions of the Legislature. referendum vote of the people. There is none among us Upon such adoption, the proposed amendments shall be who would wish it otherwise. entered on the journals, with the ayes and noes, and pub With all the conviction we possess, we urge that provi lished once in each of four successive weeks, in at least sion be made in our new Constitution to afford to the people one newspaper of general circulation in each senatorial of the State of Hawaii these tools with which to make de district wherein such a newspaper is published, within the ntcracy and democratic government prosper. two month period immediately preceding the next general We, therefore, recommend that the Committee Proposal election for members of the Legislature. this day submitted by the majority of the Committee on At such general election the proposed amendments shall Revision, Amendments, Initiative, Referendum and Recall be submitted to the electors for approval or rejection upon with its final report, be amended to include the amended 190 JOURNAL DOCUMENTS form of proposal hereto attached and made a part of this approving any measure against which a valid referendum report. —June 8, 1950 petition is filed shall be submitted to the voters at the first regular or special election held not less than 30 days after Earl A. Nielsen such filing. Peter Kawahara Matsuki Arashiro SECTION. Effect of Referendum. When the ref er endum is ordered upon an act, or any part of an act, it shall suspend the operation thereof until such act, or part, is (Proposed Amendment to Committee Proposal No. 9) approved by the voters. A referendum may be ordered ex cept as to laws necessary for the immediate preservation A PROPOSAL of the public peace, health or safety, and laws making ap RELATING TO INITIATIVE AND REFERENDUM propriations for the current expenses of the state govern ment, fér the maintenance of state institutions and for the RESOLVED, that the following be agreed upon as part support of public schools. of the State Constitution: SECTION. Special Elections. Any referendum ARTICLE measure shall be submitted to the qualified voters at a SECTION . The Initiative. The people reserve to special election if so ordered by the governor or if a sepa themselves ~6WF by petition to propose laws and amend rate petition requesting special election be signed by eight ments to this constitution, and directly to enact or reject per cent of the qualified voters. Any such special election such laws and amendments at the polls. This reserved shall be held not less than one hundred and twenty nor more power shall be known as the initiative. than one hundred and fifty days after the adjournment of the legislative session at which the act was passed. SECTION . Initiative Procedure. An initiative peti tion shall coiTh]Weither the full text of the measure pro SECTION. Passage of Constitutional Amendments posed, or an adequate summary thereof, and, to be valid, and Laws by the Initiative and Referendum. Each measure shall be signed by qualified voters of each county equal in shall be submitted by a ballot title, which shall be descrip number to at least eight percent of the total vote cast in tive but not argumentative or prejudicial. The ballot title each county for governor in the last preceding regular elec - of any initiated or referred measure shall be prepared by tion at which a governor was chosen. An initiative petition the legal department of the state, subject to review by the proposing a constitutional amendment shall be signed by courts. The veto power of the governor shall not extend to twelve percent of the qualified voters in each county of the measures initiated by, or referred to, the qualified voters. state. Initiative petitions shall be filed with the clerk of Any measure submitted to a vote of the qualified voters the Senate who shall make proper record of them and then shall become law or a part of the constitution only when transmit them to the president of the Senate or the presid approved by a majority of the votes cast thereon. Each ing officer whatever his official title may be, who shall in measure so approved shall take effect 30 days after the troduce the petitions in the form of bills to the Senate floor date of the vote thereon, unless otherwise provided in the for immediate record voting and shall also transmit copies measure. If conflicting measures referred to the people of the bills to the Speaker of the House or the presiding at the same election shall be approved by a majority of the officer of the House, who shall introduce similar bills in votes cast thereon, the one receiving the highest number of the House for immediate record voting. If the proposed affirmative votes shall prevail to the extent of such conflict. measure is not enacted into law or, in the case of a consti tutional amendment, if it is not passed and repassed in the SECTION . Public Expenditure Proposals. When following legislative session, the question of the adoption an initiative W~osal involves financial expenditure, it must of the measure shall be submitted to the qualified voters at also include a definite provision for additional revenues the first regular election after the end of the session which created and provided for thereby. fails to take the indicated action. The legislature may pro SECTION . Restrictions on Direct Legislation Pro vide by law for procedure by which the sponsors may with cedure. No SWihall be enacted to hamper, restrict or draw an initiative petition any time prior to its submission impair the exercise of the power herein reserved to the to the people and the legislature may also present an alter people. No measure adopted by vote of the qualified voters nate proposal at the time an initiative petition is submitted under the initiative and referendum provisions of this con to the people. stitution shall be repealed or amended by the legislature Not more than two initiative proposals shall be placed within a period of three years except by a two-thirds vote on the ballot in each election and they shall be the two having of all the members. The veto power of the governor shall the greatest number of signatures on them. not extend to measures referred to the people. SECTION. The Referendum. The people also re serve to themselves power to require, by petition, that measures enacted by the legislature be submitted to the STANDING COMMITTEE REPORT NO. 50 qualified voters for their approval or rejection. This re Your Committee on Printing to which was referred Stand served power shall be known as the referendum. ing Com. Rpt. No. 47, Standing Com. Rpt. No. 48 and Com SECTION . Referendum Procedure. A referendum mittee Proposal No. 9 of the Commitiee on Revision, Amend petition agaiiiitiiiy measure passed by the legislature shall ments, Initiative, Referendum and Recall, and Standing Com. be filed with the governor within 90 days after the adjourn Rpt. No. 49 of a minority of said Committee, begs leave to ment of the session at which such measure was enacted and, report that said Reports and Proposal have this day been to be valid, shall be signed by qualified voters equal in printed in accordance with the second paragraph of Rule 47 number to not less than eight per cent of the total vote cast (c) of this Convention. —June 9, 1950 in each county for governor at the last preceding regular election at which a governor was chosen. The question of Charles H. Silya, Chairman 191 STANDING COMMITTEE REPORT NO. 51 of the Senate, and shall serve at the pleasure of the STANDING COMMITTEE REPORT NO. 51 Governor. Your Committee on Taxation and Finance, composed of: This makes definite provision for the major finance Henry A. White, Chairman, Harold W. Rice, Vice Chairman, officers of the state and provides for their method of ap Alexander H. F. Castro, Frank Y. Kam, Masao Kanemaru, pointment. The division of responsibility proposed recog Tohn K. Lai, Tack H. Mizuha, Charles A. Rice, Herbert M. nizes the differences in the character of work to be per Richards, Sakuichi Sakai, C. Nils Tavares, Arthur K. Trask, formed by each. A strong chief executive is an essential Arthur D. Woolaway, Tames K. Yamamoto, and Takao requirement of good state government and we believe there Yamauchi, begs leave to make this report with its recom fore that those finance officers vested with the responsibi mendations with respect to (1) a financial organization for lity of putting the governor’s program into effect, with the the State of Hawaii and (2) an Article on Taxation and Fi custody of public funds, and with the collection of taxes, nance to be included in the Constitution of the State of Ha should be appointed by the governor and directiy responsible waii. -- to him. The Commissioner of Finance is concerned with The Committee has held 14 meetings, participated in by both long range and immediate financial planning and con all members present and also by guest delegates. trol. His office will be responsible for the major portion At the invitation of the Committee, Mr. Toseph Dickson, of research in finance, for analyzing anticipated tax collec Territorial Auditor, Mr. Howard H. Adams, Territorial tions and trends in public spending and reporting thereon to Deputy Treasurer, Mr. Wm. Borthwick, Territorial Tax the governor. The Commissioner of Finance is in effect Commissioner, Mr. Wm. Lederer, Territory Deputy Bank the one individual that the governor must depend upon, not Examiner and Mr. Paul Thurston, Territorial Director of only for advice and suggestions, but for maintaining an the Budget, gave the Committee the benefit of their views, equitable balance of spending and control. Consequentiy, comments and recommendations. he must be immediately subject to the will of the governor. The Committee has solicited and received the advice and Such mistakes as are made within the office of the Com recommendations of Attorney General Walter D. Ackerman missioner of Finance will be, and should be, laid at the door and Assistant Attorney General Rhoda V. Lewis. step of the governor. As the confidential consultant and The Committee held one public hearing at which approxi advisor to the governor oi~ finance, he should be removed mately 100 persons were present and the following presented so far as possible from all pressures, including the legis their views: Mr. Tony Todaro, taxpayer; Mr. Edward 3. lature, and therefore there is ample reason for hi~ appoint Collins, attorney speaking as a private citizen; Mr. Edward ment to be made only by the governor without being subject 3. Burns, citizen and taxpayer; Mr. Toseph O’Donnell, tax to confirmation by the Senate. Your Committee seriously payer and property owner; Mr. Stanley Miyamoto of the considered this method of appointment. However, in order Toint Tax Study Committee; Dr. Allan %unders, citizen and to conform its recommendations on appointment with those student of government; Dr. Roy Brown, citizen; Dr. Paul of the Committee on Executive Powers and Functions, your Mthlngton, citizen; Dr. Lindell 0. Harris of the Hawaiian Committee has revised this section to provide that the ap Baptist Convention; Mr. Edwin Rogers, representative of pointment be made by the governor with the advice and con the Hawaiian Board of Missions; Dr. H. B. Ramsour, sent of the Senate and subject to removal at any time by pastor of the Nuuanu Baptist Church; and Rev. Anson P. the governor. Stokes, of St Andrew’s Cathedral and Vice President of the The Treasurer and Commissioner of Taxes as proposed Council of Churches. will perform chiefly administrative functions, and they, too, The Committee has corresponded with the firm of Wood, should be appointed by the governor, with the advice and King and Dawson, New York City, the Territory’s counsel consent of the Senate, to serve at the pleasure of the gover on Bonds, and has received suggestions and advice from nor. them, particularly with respect to the provisions on debj (B) Commissioner of Finance. The Commissioner of limitations. Finance shall be responsible for analyzing the budgets The Committee has considered all of the proposals re presented by the departments, offices and agencies of the ferred to it by the President of the Convention and has act state (except public service enterprises) covering ordi ed thereon as detailed in its report dated Tune 5, 1950. nary operating expenses and capital improvements pro posed for the fiscal period, for consulting with the heads Financial Organization of the departments, offices and agencies concerning their Your Committee considered at some length and in de respective budgets, for submitting his findings and re tail proposals for the financial organization of the State of commendations to the governor and thereafter compiling Hawaii for it firmly believes that a sound organization in a budget for submission by the governor to the legisla this field is a fundamental requirement for an efficient, ture, for effecting periodic allocation of appropriated economical and workable state government. After obtain funds to departments, offices and agencies as directed ing the views of the public officials directiy concerned with by the governor, for examining vouchers to determine finances in the Territory of Hawaii, and after serious de the legality of expenditures before payment, for establish liberations, your Committee strongly recommends that the ing accounting and purchasing policies and procedures financial organization of the State of Hawaii and the duties for all departments, offices and agencies (except public of the three officials provided for therein be established by service enterprises) of the state, and for such other ad the legislature of the State of Hawaii substantially in accord ministrative functions as may be prescribed by law. ance with the four sections (A), (B), (C) and (D) hereinafter (“Public service enterprises” is used herein to mean set forth. bodies such as the Board of Harbor Commissioners and any others whidh are chiefly self-supporting and are (A) Financial Organization. The financial organiza given somewhat autonomous powers in making expend tion of the state shall comprise three major divisions, itures.) headed respectively by a (1) Commissioner of Finance, (2) Treasurer and (3) Commissioner of Taxes, who shall This official would assume the duties of the present be appointed by the Governor with the advice and consent Territorial Budget Director and in addition many functions 192 JOURNAL DOCUMENTS presently assigned to the Auditor, such as pre-auditing and and economical state government The C ommittee has gone accounting procedures, which logically fail within the scope into detail on this subject in the report in the hope that its of the chief finance officer of the state. The duties of the hours of deliberations and the conclusions reached will be Auditor would thus be c onfined principally to post-auditing, of some benefit to the state legislature in drafting the neces as provided in Section 12 of the proposal attached hereto. sary statutes to properly implement the constitutional pro This section goes somewhat into more detail on the posi visions hereinafter set forth. tion of the Commissioner of Finance than would normally be expected from a Committee on Taxation and Finance of Article on Taxation and Finance a Constitutional Convention. However, it is the feeling of the Committee that these details should be spelled out in As mentioned above, the Committee has considered all order to inform the other delegates, and particularly the of the proposals referred to it and has reported its actions members of the First Legislature of the State of Hawaii of thereon in its report dated Tune 5, 1950. After many hours the proposed financial structure. Unless they are spelled of deliberation, during which all proposals, advices and out, the legislature might for lack of understanding fail to recommendations were considered, the Committee has pre adequately provide for this position and seriously handicap pared an Article on Taxation and Finance which is embodied the governor in administering the budgetary procedures in the proposal attached hereto. Your Committee has en and control measures hereinafter set forth, and thus destroy deavored to keep the Article as short as possible, consistent the objectives of centralized financial control. with clarity and adequate coverage of the subject. The several sections of the Article are hereinafter dis (C) Treasurer. The Treasurer shail be responsible cussed in order. for the receipt, custody and disbursement of all state Section 1 provides for a budget, to be compiled in two funds, for the sale of all state bonds authorized by law parts, àne setting forth the operating expenses, to be known and for such other administrative functions as may be as the “General Appropriations Budget” and the other ex prescribed by law. penditures for Capital Improvements, to be known as the The Territorial Treasurer presentiy has these functions, “Capital Improvements Budget,” for the ensuing period. as well as many others— some of which, such as those of Provision must be made in the Constitution for adequate the Fire Marshal, Insurance Commissioner and Bank Ex financial controls and procedures. As indicated above in aminer, do not logically fail under the duties of a Treasurer, this report, these regulations are based on the assumption either because they are not related or because of their that there will be a strong executive responsible for effec - specialized nature. These functions require further study tive financial management. In writing the provisions of the and analysis, which your Committee feels can best be done Constitution which would establish a strong centralized by the legislature, to determine whether they should con system, your Committee has always been cognizant of the tinue under this official or be assigned to other departments. place and position of the legislature in financial matters. Some of the present functions, such as auditing of counties, Great care has been taken to leave with the legislature in the opinion of this Committee, should be the responsibil jurisdiction in the field of policy making. With this body ity of the Auditor, and we have so recommended. rests the authority to determine the taxes that are to be (D) Commissioner of Taxes. The Commissioner of levied; the rates to be used, and the level of support of each Taxes shall be responsible for the assessment and col of the several departments of the state government. In no lection of all taxes imposed by state law, provided the manner do any of the provisions of this Article curtail these legislature may delegate to others this responsibility legislative prerogatives. However, once the tax rates have with respect to licenses and fees of departments, offices, been established and the level of spending determined, it agencies, public service enterprises or political sub must of necessity fall upon administrative officials to see divisions. He shall also assume such other administra that the funds appropriated are legaUy and intelligentiy spent. tive functions as may be prescribed by law. Of utmost importance in financial planning and control - both from the legislative point of view and from the point of The duties set forth above represent some change in the view of the administration—is the executive budget. Up present division of responsibility for tax collections — for until a few decades ago, budgets were largely formulated instance, the Territorial Treasurer presently collects bank by the legislature. The recent trend in governmental budget and estate taxes, which is obviously a tax department func - ing has been definitely in the direction of the executive budg tion. The present setup is cumbersome, as the Tax Office et and the Territory has followed this practice for a number has the basic information and therefore is in a better posi of years.~ The budget, if well prepared, is a detailed docu tion to compute and collect the latter taxes. Under the ment presenting the needs of the several departments. It present system it has to furnish such information to the must be drawn with great care, with each of the several Treasurer, who then collects them. spending divisions of the government making Its recommen There are and will be various licenses and fees to be dations to the budget director. These needs are then ana collected and the section above leaves to the legislature the lyzed; the anticipated revenue is determined; and the over determination of whether to delegate this responsibility to all budget as presented to the legislature represents the others, and if so, to which counties, departments, agencies, anticipated spending and anticipated revenue receipts for ete. the next fiscal period. Your Committee was initially of the opinion that the fore Your Committee proposes that the budget be presented going four sections should be embodied in the State Consti in two parts: the operating budget, which covers the current tution and does so recommend, if the duties of any of the needs of each governmental division—such as salaries, governor’s appointive officials are to be enumerated. How wages, supplies and equipment, maintenance and other re ever, in the interest of brevity and in reliance on the legis curring expenditures; and the capital budget, which, as the lators of the State of Hawaii, your Committee is not herein term implies, covers permanent structures and improve recommending that they be embodied in the Constitution. ments to be paid for either from current revenues or from Your Committee believes that the foregoing represents a borrowing. In the past years there has been in the Territory sound and workable financial organization for an efficient no comprehensive capital budget. A relatively small per- 193 STANDING COMMITTEE REPORT NO. 51 cent—perhaps ten or fifteen—of the capital improvements Bill tends to determine the total legislative appropriation to be paid from current revenues have been included in the and to a large degree what will be available for other pur governor’s budget. Additional funds for capital improve poses. Second, the General Appropriations Bill covers the ments have almost without exception been presented as most essential aspects of state spending. It goes without separate bills, either on the initiative of individual members saying that the budget should include all normal operating of the legislature or through suggestions of the several de expenses of the State. It covers each of the several major partments. Your Committee feels that if a separate docu departments deemed to be essential services. The budget ment covering needed capital improvements is presented, bill in effect provides for the “bread and butter” items of the legislature will be in a much better position to com government expense. Quite obviously, spending for other pletely review the needs of the state. The legislature will purposes should be secondary to these necessities. Third, be in a position to scrutinize these proposals, to add, modify the passage of the General Appropriations Bill in the early or eliminate, and act much more intelligently than is possi period of the legislature is desirable in order to prevent ble at the present time. It is also felt that the establish the confusion, which in the past has taken place in Hawaii ment of a capital budget will result in long range planning and takes place in many of the state legislatures, of passing for capital improvements. Each of the several departments the governor’s budget in the dying moments of the legisla from time to time has its needs, but usually only a portion tive session. During this part of the session frequent com of the desired improvement can be financed in any one-fiscal promises and changes may be made. Since no complete and period. Long term planning in capital improvements is as accurate knowledge Is then available as to the amount that essential in government as it is in private industry. With has been authorized outside the budget, if the budget Itself the capital budget— as is true with the operating budget— has not been adopted balancing revenues against anticipated the legislature has the prerogative of reducing or complete expenditures is well nigh impossible. Finally, the appropri ly eliminating proposals. It also has the authority to intro ation bill should receive prior consideration in order that duc~e bills providing for additional capital expenditures not the legislature may be given ample time to intelligently re included in the governor’s budget The legislature has view the action of the governor. Should the governor veto placed before It a proposed capital improvement plan which or reduce Items after the legislature adjourns, the legisla in fact has been proposed by the several agencies of the ture is without redress. If, however, the budget bill receives government in accordance with their needs; has been re early consideration, such changes as may be made by the viewed by the budget director; has his assurance that avail governor are subject to review by the legislature, and items able resources can finance such a program; and has been can be restored under normal procedures. This in effect approved by the chief executive. If successfully worked out, greatly increases the authority of the legislature In de such a plan would result in a more equitable division of termining the level of the state budget. capital Improvements among the several departments of Your Committee considered including a provision to the the government and should very definitely provide for the effect that the legislature should take action on the General most urgent projects to be constructed first. Appropriations Bill within 30 days after assembling. How The governor is also required, when submitting the Gen ever, the recommendation of the Committee now provides eral Appropriations Budget and Capital Improvements that this measure be enacted before any other appropriation Budget, to submit bills providing for new or additional re bills (with the exceptions above noted) are passed on final venues or borrowings which may be necessary to provide reading by either House. It was felt that, should a definite funds for the recommended expenditures. An overall pic - time provision be placed in the Constitution, It could lead to ture of proposed expenditures and proposed revenues is some difficulties. For instance, should the legislature be provided, thus making for a sound fiscal program. unable to organize and transact business within 30 days, it It Is felt by your Committee that the procedure proposed would not be possible for It to conform with such a consti will represent a marked improvement over that now in effect. tutional provision, and question might then be raised as to the validity of a budget adopted at a later date than pre Section 2 provIdes for legislative procedure on appropria scribed. Your Committee feels that the proposed provision tions. In order that the General Appropriations Bill, which offers adequate incentive for the early consideration and provides in effect for the housekeeping expenses of the State, passage of the General Appropriations Bill. will receive full, careful and deliberate consideration by the legislature, your Committee proposes that this will be Section 3 provides that the legislature shall have the passed prior to the passage of other appropriation measures, power to amend the General Appropriations Bill, provided with the exception of appropriations for the expenses of the such amendments do not result In increasing the total legislature and of special appropriations, the immediate amount of the bill. The legislature is given considerable passage of which is recommended by the governor, which It latitude in making adjustments in the governor’s operating is assumed will usually be to provide for those departments budget, which is reflected in the General Appropriations that, due to unforeseen emergencies, have been or will be Bill. By such adjustments the total amount requested by forced to exceed their current appropriations. Such special the governor can be decreased by the legislature, but such appropriations will continue in force only until the General total cannot be exceeded. However, the legislature is given Appropriations Bill becomes effective, which means, gener the prerogative of making such changes as are deemed ad ally speaking, the beginning of the next fiscal period. This, visable within this total figure. For example, the proposed of course, will not invalidate any items of such special appropriation Item for any department could be decreased appropriation which is duly encumbered during the effective and that for a different department increased within the period of such special appropriation: legislative power, within such overall limits. The same Prior consideration of the General Appropriations Bill adjustments could be made within divisions of a department. seems to your Committee toprovide several distinct ad It is felt that the legislature, in considering the governor’s vantages—all of which are believed to be in line with good budget, should be in a position to exercise this authority financial procedure. In the first place, it will focus the but, at the same time, to give the budget real meaning, immediate attention of the legislature on the largest single should keep within the overall figure. Any increases over appropriation. The amount of the General Appropriations the request made by the governor will need to be more care- 194 JOURNAL DOCUMENTS fully scrutinized by the legislature since some divisions of and promoting Hawaii (such as the Hawaii Visitors Bureau). the government will then have to operate on a smaller sum The speakers at the public hearing held by this Committee than recommended by the budget. It is the belief of the devoted most of their attention to the subject of grants in Committee that there will be only minor changes in the pro aid of sectarian hospitals open to the public. posed budget under this plan. Since the present practice of Upon the advice of the Attorney General, that it is not adding to the budget in toto is prohibited by this section, a necessary to specifically authorize the legislature to make strong case will have to be advanced before any spending grants to private institutions of an eleemosynary nature, or agency will be given substantial additional sums in the to specifically authorize it to spend money for advertising General Appropriations Bill, over those discussed with and the Territory, since these powers have been repeatedly up approved by the budget officer (Commissioner of Finance) held under the doctrine of “public purposes,” which doctrine and recommended by the governor. is a part of the Due Process clause, this Committee re Section 4 provides that the legislature may make other commends Section 6 in the form set forth in the proposal attached hereto. This section prohibits the levying of taxes, appropriations in addition to those in the General Appropri appropriation of public money or property, for use, loan or ations Bill. The prerogative of the legislature to introduce measures providing for the expenditure of funds is not cur grant of the public credit, directly or indirectly, except for a “public purpose.” tailed. This the Committee believes is a basic power of For the sake of clarity and to avoid any misunderstand any legislative body and the provisions of the budget dis cussed above will in no way destroy thin authority. However, ing on the part of the electorate, a provision has also been it is provided that each proposed measure be only for one included in this section prohibiting a grant contrary to or object or purpose. If it is the determination of the legisla in conflict with Section 5 of the Bill of Rights article of this ture that spending in any department be increased to such an Constitution, relating to separation of the Church and State. extent that it would result in the total of the General Ap Copy of the letter of the Attorney General dated May 29, propriations Bill being increased over and above that re 1950, to Mr. Henry A. White, Chairman of this Committee, commended by the governor, then a separate measure can covering the above is attached hereto as Exhibit No. 1 in be introduced for that purpose. Each new spending proposal the appendix. or additional introduced separately over the governor’s Section 7 governs the expenditure of money. In regard budget would stand on its own merits. to the reduction of expenditures when revenue receipts fail Section 5 gives the governor the power to strike out or to meet the estimate, your Committee is of the opinion that reduce Hems in appropriation bills enacted by the legisla there should be vested in the chief executive the authority ture. The power of the governor to strike out, or to reduce to reduce the level of expenditures when conditions dictate items, once the appropriation bill has passed the legislature, such action as essential in the interest of preserving fi is a common executive power and should be vested with the nancial stability. It was once felt that after an appropria governor if a strong centralized financial system is to be tion had been made, the spending department involved had established. This provision makes it possible for the gover not only the privilege but the right to spend the entire ap nor to reduce items of expenditure in such fields as will not propriation. Some people point out that if the legislature, tend to impair effective administration. In several states, after due consideration, provides funds for one of the sever as in this Territory under its C)rganic Act, the governor al agencies of the state, the legislature expects the money has the power to veto, but not to reduce items. This fre to be spent for that particular service, and that any re quently makes it necessary— where the governor feels an duction through executive action in effect destroys the leg excessive amount has been appropriated— to eliminate the islative intent. Under such arrangement many of our states whole item. He may still have the idea that a lesser sum and cities experienced considerable waste of public funds. c oulct and should be used for the purpose set forth, and this Just as the legislature may under-appropriate, It may also proposed section allows him to make reductions to the level over-appropriate. Departments sometimes discover that he considers proper. The reducing of items can have the their functions could be performed on the level intended by effect of a more equitable distribution of the state’s finan the legislature by using only a portion of the grants made. cinl resources. When the governor has seen fit to reduce When the entire amount appropriated is to be spent, it re the Hem of a proposed expenditure, presenting to the legis sults in a great flurry of over-spending at the close of each lature his reasons, the legislature can still pass It over his fiscal period. Even though the chief executive might be veto should it disagree with his conclusions. One advantage fully aware of and opposed to this type of spending, he is of this type of veto is that it removes from discussion the powerless to act. In order to protect the government as a need of spending in a certain area and narrows the issue to whole from a few irresponsible department heads, the how much should be spent. If the governor is forced to veto method of allocating funds by the chief executive on a period the whole appropriation, he may be severely and unjustly basis—usually quarterly—is a widespread practice. Thus, criticized on the grounds that he opposes expenditure of if a department has an appropriation of $4 million for a moneys for suggested functions, while in reality his major period of two years, it would be permitted to spend $500,000 objection may be to the excessive amount appropriated. — more or less— in each of the eight quarters. Each de There is nothing new or untried in Section 5 as recommend partment prepares Its anticipated work program for the ed by your Committee. All authorities in the field of public quarter, estimates its financial requirements, and justifies finance agree that the power to veto items wholly or in part its request to the budget director, who in turn approves an Is good financial management. allotment. This assures that a large portion of the total Section 6 prohibits appropriations for private purposes. appropriation will not be spent in the early part of the fiscal Your Committee considered in some detail the question of period, and that barring unforeseen emergencies, only the including in this section specific listings of the private pur funds appropriated will be spent. Through a plan of alloca poses, including religious, for which public funds could not tion, two distinct advantages are secured. First, each de be spent. It also considered the inclusion of a provision partment must carefully plan its quarterly and yearly work which would specifically authorize grants to assist private program; and second, the governor, acting through his budg hospitals and to support community efforts in advertising et director, can bring about reductions, if necessary. In STANDING COMMITTEE REPORT NO. 51 195 the Territory of Hawaii this allotment system has been proposal is made by your Committee that the governor can successfully used for some time under statutory authority. not interfere with appropriations made for legislative pur The power of the governor to reduce the spending of any poses or a legislative department. department, either through the allotment system or by other Section 8 provides that the power of taxation shall never means—when revenues are inadequate to, meet legislative be surrendered, suspended, or contracted away. This sec appropriations—is the only effective means of keeping a tion requires no explanation for its purpose is obvious. state solvent in periods of declining revenues. It is at best Similar provisions are contained in other state constitutions. extremely difficult to accurately forecast revenues a year Hoaever, this section does not prevent the legislature from and a half to three years in advance. Inasmuch as the legis making reasonable classifications for tax purposes and lature bases appropriations on anticipated tax collections it granting exemptions within other constitutional limits, sub assumes there will be adequate money to meet the obliga ject to amendment or repeal. tions. If the legislature were assured that the revenue would be inadequate, they would obviously reduce the amount Section 9 prevents the State from taxing property of non appropriated. We have many illustrations of the inability resident citizens at a higher rate than that applicable to of the legislatures, attempting to do an honest, conscientious residents of Hawaii. This section complies with one of the job, to determine accurately what the level of expenditure requirements of the Statehood Bill (H. R. 49). needs to be in any single department. In order to provide The Committee considered at some length a proposal some flexibility upward, emergency or contingency funds that a provision be submitted for inclusion in the Constitu under the supervision of the governor are invariably created. tion governing uniformity of state taxes, with specific ex It is expected that when a department becomes financially ceptions as to certain taxes or classes, but, because of the embarrassed, through no fault of its own, a portion of these difficulty of adequately covering all aspects of the subject, emergency funds will be used to supplement the needs of a and because in the final analysis uniformity of taxation, and department. If the legislature makes provision for under- exceptions thereto, are governed by the due process and financing of departments and places the responsibility with equal protection clauses in the Constitutions of the State of the governor to alleviate the difficulties, it obviously follows Hawaii and of the United States of America, your Committee that when a department is over-financed, the governor has omitted such a provision. Such matters are thus left should also have the responsibllity of reducing the level of to the judgment of the legislature, within the constitutional spending. More important than over-or under-appropriating limits mentioned above. is, of course, the drastic falling off of revenues. Serious Your Committee had originally decided to recommend a economic disturbances, such as depressions, strikes, or section covering permissible exemptions from real property wholesale unemployment, may within a few months throw taxes, but eliminating the home exemption. Attached here intelligent estimates completely out of line. In order to keep to as Exhibit No. 2 of the Appendix is letter dated May 31, reasonably close to the actual collections, provision should 1950, from Assistant Attorney General Rhoda V. Lewis dis be made for curtailment of expenditures by the governor. cuss ing the exemptions originally proposed and attaching a It can be reasonably expected that this power will be seldom redraft—which redraft was to be embodied in the Commit used. Governors are responsive to public opinion, as is the tee proposal. In view, however, of the Convention’s recent legislature. The governor normally looks upon the appropri action in tabling Standing Com. Rpt. No. 41, indicating that ation as the proper amount for the department to spend. It a large majority of the members are opposed to eliminating will be only under extraordinary conditions that he will be the home exemption, your Committee has decided to elimi called upon to reduce the spending level established by the nate the proposed section on exemptions, since the power to legislature. make exemptions is vested with the legislature in the ab To avoid the reduction of expenditures Hem by item, the sence of a constitutional prohibition. governor is given the authority to reduce expenditures and Section 10 provides for debt limitations. One of the es control the rate of expenditures only to the extent “proper sential powers of any unit of government is to contract debt. to effect economies.” Thus, in the opinion of your Commit Thin power is vested in practically every state government tee, any reduction authorized by the governor would be in and in local units of government, either through constitu total sums by departments, agencies, etc., and the respect tional provision or by legislative delegation. In a few of the ive heads thereof would determine which expenditures under state governments, including Florida for example, the con their jurisdiction would be curtailed, unless the legislature stitution prohibits the state from contracting any debt. In specifically authorizes more detailed budget control. This practice this has been evaded, and in Florida the local units, provision on control of expenditures is definitely in line such as the cities or the counties, construct the capital im with good financial management. provements which are then rented to the state, and after a Mr. A. E. Buck, one of the outstanding authorities in the period of time become the property of the state. This is field of public administration, says: at best a subterfuge and it is generally agreed that the state should enjoy the authority to contract debts. The governors of more than half the states have been There are three types of debts common to governmental empowered to reduce expenditures under legislative units. They are: grants whenever estimated revenues failed to material ize or other conditions made it seem advisable. Allot a. Short term borrowing to meet temporary needs. ments, that is, monthly or quarterly allocations, have These are usually in anticipation of tax collections and been widely used as a method of controlling the rate of limits are placed upon t~e length of time for which such expenditure under appropriations for all operating pur obligations may be contracted. poses, and also as a means of producing work programs b. Revenue bonds issued by and against particular ac - for the various administrative departments and agencies. tivities that are expected to pay their own cost of operation - The practice appears to be both efficacious and sound. e.g., aater bonds, bonds for the development of harbors, airports, etc. The Constitution need not be too much con In order to protect the legislature from control by the cerned with this type of obllgation, inasmuch as the general governor and to keep the separation of powers intact, the revenues of the state are not involved and the bonds normal- 196 JOURNAL DOCUMENTS ly cannot be sold unless there is assurance that the princi is the case in many states, such debts are permitted over pal and interest will be paid from the revenues of these and above the debt limits. enterprises. Your Committee considered the desirability of providing c. General obligation bonds which are paid for from that capital expenditures for schools should be made a re general revenues and the proceeds of which are used to de sponsibility of each county, so that the persons most affect velop the capital improvements or activities considered ed would have the authority to decide which schools are to purely governmental. It is with this final group that the be improved or constructed. Resolving this question was a section on debt limits is primarily concerned. prerequisite to determining the initial debt limits for the State and its counties. In view of the fact that bonds for There are two general methods used in determining the school improvements are now outstanding as territorial overall debt limits, or a combination of the two methods. obligations and because the Commitiee on Education believes Some state constitutions fix a definite amount of the maxi such capital expenditures are properly a state responsibility, mum indebtedness that can be contracted. The major dis this Committee has considered them as such in setting the advantage of this dollar amount is that economic conditions debt limits for the State and counties. For data on this sub may shift and what may have been a reasonable amount at ject see schedule exhibit entitied “Public Debt, County, the time the constitution was promulgated becomes an un Territory and School Bonds, as of December 31, 1949,” realistic amount in later years. The second method is by attached hereto as Exhibit No. ~ in the Appendix, and “State using a fixed percentage of the assessed valuation of proper ty. This has the advantage of raising the debt limit as ments of Bonded Indebtedness—City and County of Honolulu, property values increase. it is used almost exclusively in County of Maui, County of Hawaii and County of Kauai” local units of government, such as school districts and town atiached hereto as Exhibits Nos. 4a, 4b, 4c and 4d, respec ships, and by several of the states. Our Organic Act, sec tively in the Appendix. tion 55, contains such limits for both the counties and the The proposal herein recommended by this Committee fixes a debt limit of $50,000,000 for the State, subject to Territory, but these limits have recently been exc eeded being increased by two-thirds vote of all the members of under special acts of Congress. each house on final reading, up to 15 percent of the total Your Committee has considered the various methods assessed value of the taxed real property within the State. used in establishing debt limits and is of the firm opinion If home exemption had been authorized by this Convention (1) there should be a fixed dollar amount which will provide to be eliminated, this percentage could have been decreased for a definite debt limit to apply at the time the Constitution to 12 percent. goes into effect, and (2) that flexibility should be provided The aggregate of the counties’ debt limit is set at for by permitting this limit to be increased by an extra $25,000,000, subject to being increased up to 7.5% of the ordinary vote of the legislature and by vote of the govern total assessed value of taxed real property of each county ing body and voters of the counties as economic conditions by vote of the county governing body and approval by the change. The Comm ittee believes a flexible debt limit is voters therein. If home exemption were eliminated, this conducive to good financial management, for otherwise the percentage could have been reduced to 6%. long-range credit of the state might be jeopardized as a re As recommended, the maximum percentage indebtedness sult of a temporary local condition. Permitting the debt for the State (15%) and counties (7.5%) totals 22.5% of the limit to be increased by using a fixed percentage of the assessed valuation will provide a much more stable ceiling total assessed value of taxed real property in the State. than using revenues collected. For example, in 1940 the This is higher than authorities in the field of public finance assessed valuation for rate purposes amounted to approxi generally believe should be allowed for State and local in mately $183,000,000. In a period of ten years this has in- debtedness in order to assure a ready sale of their bonds creased to approximately $330,000,000. Thus on a per at reasonable rates of interest, and care should be exercised centage of the assessed valuation the debt limit would have to keep the actual indebtedness as much below these limits almost doubled during that period. as possible, and not to exceed them except for the greatest necessity, in order not to impair the ability of the State The authorized debt of the Territory and its counties at present is extremely high due, in a large degree, to the in- and the counties to float bonds, thereby adversely affecting their credit. ability of the Territory to maintain a continuing program of The limit of the total county indebtedness fixed at capital improvements during the war period and the years $25,000,000 is to provide for the normal capital improve immediately following. This situation should be solved ments of the county governments. This $25,000,000 as the within a relatively short time and it would be quite unwise initial limit is to be apportioned at five year intervals to place the debt limit at an atnormally high figure just to among the several counties in the ratio of the assessed provide for a temporary condition. The present authorized valuation of each county to the total taxable value of the indebtedness will be validated in the State Constitution, State as a whole. This in the same method now used in the which in accordance with H. R. 49 will provide that the debts Organic Act, except that the initial dollar limit and the and liabilities of the Territory of Hawaii shall be assumed maximum percentage limit (7.5%) exceed the present limit and paid by the State and all debts owed to the Territory of of 5% for each county. Hawaii shall be collected by said State. Obviously there may be times when the State requires To determine the amounts to be initially allocated to each funds to meet an emergency caused by disaster or act of of the several counties, see schedule entitled “Territory of God, or for other extraordinary reasons, or to meet a casual Hawaii—Real Property Tax Valuation and Percentages” deficit or failure of revenue, etc. The section permits the attached hereto in the Appendix as Exhibit No. 5, which con incurring of indebtedness for such purposes over and above tains a table showing county debt limits of varying amounts the debt limits, provided that debts incurred for temporary prorated among counties on basis of percentages. purposes, such as failure of revenues, must be paid when The debt limit of any county can be increased by the incurred within a period of one year. No one can forecast county board of supervisors upon approval by the voters when such emergencies will occur, nor the extent of the therein, if and when the assessed valuation of that county debts that will be incurred in c oanection therewith, so, as provides an amount in excess of the original allocation. STANDING COMMITTEE REPORT NO. 51 197 Thus the same degree of flexibility is provided for the a. Selection. The method of selecting the auditor is one counties as for the State. Bonds to cover capital improve of the most difficult of all administrative positions to deter ments can be issued by the governing body of the county, mine. While he is in effect closely connected with the admin provided that the qualified voters of the county authorize istrative organization, he still must maintain—to be effective— the proposed project at an election. It should be noted that a degree of independence. There are at present three common such election requires the approval of a majority of the mon methods used in the selection of this official. voters tallied on the subject of such bond issue, which would (1) A majority of state constitutions drawn up during exclude from the computation blank or unmarked ballots, a period when it was felt that everyone should be elected electors not voting on the measure at all, and spoiled or re provided for popular election of the auditor. This is jected ballots. These provisions are in the opinion of the quite contrary to the authorities in the field of financial Committee essential and most desirable, so that the taxpay management for three basic reasons: (i) it throws the ers and “owners” can voice their opinions as to whether the auditor directiy into politics and the usual result has been county needs to increase the debt limits, and then —specific - the selection of a strong politician rather than a qualified ally--whether the proposed improvement is essential and auditor; (ii) the auditor has no fixed lines of responsibili properly located and is within the county’s ability to finance. ty other than to the public, and as a result is more con Your Committee recommends that all indebtedness for cerned with the political aspects of the office than the a term exceeding one year be in the form of serial bonds. technical job assigned to him; and (iil) the electorate This would not prohibit their being callable. It is the com generally would be in no position to know of the quaffi mittee’s opinion that the use of serial bonds rather than cations of the individual and therefore his selection term bonds is a much sounder method of financing. In many would be solely on the basis of popularity. governmental jurisdictions no adequate provision has been (2) The second method is that now followed in the made for establishing sinking funds, or if sinking funds have territorial government, of appointment by the governor. been established, they have from time to time been dissipat Your Committee feels that this method is defective be ed and, when the bonds matured, no resources were avail cause the chief executive, who has the responsibility for able to pay them off. The only redress was to reissue the the spending program, is in a position to select an indi bonds, and in many instances the capital improvement had vidual with more emphasis on his amenability to the long since disappeared, but the public was still paying the governor than upon his qualifications. Thus it might interest on these obligations. Therefore a much sounder create the risk of having the auditor acquiesce in the method is to make adequate provision for the paying off of wishes of the chief executive in the event that they held a certain percent of the bonds each year. It is recommended conflicting views. It is never good practice to have the and this section provides that the first installment on any accounts audited by the agency responsible for the spend bond be due not later than five years after date of issue, and ing. Your Committee feels, however, that in the Terri that the final installment be paid not later than 35 years tory the existing plan has worked out much better than after the date of issue. Such an arrangement, it is felt, will would normally be expected. Men of ability have held do much toward maintaining stable credit for the State. this position and their work as a whole has been of a Your Committee likewise recommends, and the section pro high standard. vides, that the payment of principal and interest on the fund (3) The third method is that of selection by and re ed debt from both the State and the county shall have first sponsibility to the legislature. Inasmuch as this body claim on the revenues of these governments. In the long run, determines what moneys are to be spent for the several nothing is more important to the credit of the State than the activities and is vested with the responsibility for de assurance to the bondholders that they will receive both termining state policy, it should be the agency to which their principal and interest when due. accounting is made. The auditor, in his relationship to Section ii provides for purchasing methods. This pro the legislature, is in very much the same position as vision emphasizes what has become a widespread practice auditors of a private corporation, who audit the adminis during the last twenty years and is recognized as the most trative employees of the company and report to the own economical method of buying. Efficiency in this field would ers or their representatives. Therefore, the Committee be encouraged and tax savings realized by having such a strongly recommends that the auditor be responsible to provision in the C onstitution. the legislature, and section 12 so provides. Section 12 provides for an auditor. One of the most im b. Qualifications. It goes without saying that if we are portant positions in the field of financial management is to have good auditing it must be under the supervision of a held by the State’s auditor. The auditor is one of the im well-qualified individual. For that reason your Comniittee portant elements in financial management. It is his re strongly recommends that the legislature be restricted in sponsibility to analyze appropriations, authorizations and its appointment to those who qualify as certified public ac expenditures, to determine whether payments comply with countants. It is well understood in your Committee that there legal requirements and to ascertain whether all revenues may be individuals who are not certified public accountants have been properly accounted for. It should also be the re who may be eminently qualified. However, it in felt that if sponsibility of an auditor to submit recommendations cover no qualifications are established, the possibility exists that ing means and methods for improving financial management an individual who does not have the capabilities would be His work can never be completely divorced from either appointed to the position. The practice of requiring profes budget making, expenditure controls, or financial plaaning. sional men for professional tasks is by no means unique in It is the feeling of the Committee that the office should be public administration. Almost without exception a person definitely provided for in the Constitution and that the lines must be admitted to the Bar before he in qualified to serve of responsibility, the qualifications of the individual, and as a judge. By statute, many of the positions in the medical his term of office spelled out. Your Committee recommends field must be held by professionals. Similar professional that the auditor be responsible to the legislature, be select requirements are established undeter the Classification Act ed for an eight-year term, be removed only by an extra and other laws. Therefore, your Committee feels that added ordinary majority and be a certified public accountant. protection both to the public and to the legislature will be 198 JOURNAL DOCUMENTS provided by requiring the appointment to be made from those State of all of the debts and liabilities of the Territory of having the status of a certified public accountant. It should Hawaii, and the collection by the State of all debts owed to here be pointed out that certified public accountants are said Territory, in accordance withthe provisions of H. R. licensed by a local board under a local statute, just as 49.—June 9, 1950 attorneys, physicians, dentists, engineers, architects, sur - veyors, etc., are licensed, and that this provision does not Henry A. White, Jack H. Mizuha require that assistants to the auditor be certified public C hair man Charles A. Rice accounts. Alexander Castro Herbert M. Richards c. Tenure. It seems to the Committee that a reasonably Frank,Y. Kam Sakuichi Sakai long term is essential in the field of auditing. Therefore, it Masao Kanemaru C. Nils Tavares is recommended that the auditor be appointed for a period John K. Lai Arthur D. Woolaway of eight years. It is believed that there would be three dis Harold W. Rice, Vice-Chairman—I reserve the right to tinct advantages from this length of term—first, the position argue Sec. 10. would be attractive to a greater number of individuals; Arthur K. Trask—Will argue Sec. 10 and 12. second, the government would profit from the long tenure James K. Yamamoto—I reserve the right to argue Secs. since background and experience in public finance are indis 10 and 12. pensable; and, third, the long tenure should serve to remove Takao Yamauchi—I do not agree on Sec. 10 and Sec. 12 the auditor from undue pressure by any one legislature. as is. This section provides that the auditor can be removed by COMMITTEE PROPOSAL NO. 10 a two-thirds majority vote of the members of the legislature in joint session at any time for cause. It is felt that this RELATING TO PUBLIC FINANCE AND TAXATION added protection offered the auditor would in most instances RESOLVED, that the following be agreed upon as part of eliminate his removal for political reasons. The require the State Constitution: ment that the legislature would have to present adequate reasons for his removal would of course increase the stabil ARTICLE ity of the position. However the door is open for the elimi SECTION 1. The Budget—Operating and Capital Expendi nation of an unqualified or incompetent individual. A long tures. Within such period of time prior to the opening of and fairly secure tenure should make it possible to develop each regular session of the legislature as may be prescribed sound auditing practices for the government. In addition, by law, the governor shall submit to the legislature a budg with a reasonably secure tenure the auditor will be in a et setting forth a complete plan of proposed general fund position to offer suggestions and criticisms to the legislature. expenditures and receipts of the State for the next ensuing Your Committee is cognizant of the fact that any of these fiscal period, together with such other information as the details in regard to length of term or method of removal is legislature may require. For the preparation of the budget subject to differences of opinion. It is its feeling, however, the various departments, offices and agencies shall furnish that the provision recommended is the best solution to an the governor such information, in such form, as he may re extremely difficult problem. quire. The budget shall be compiled in two parts, one of d. Responsibilities. Being appointed by the legislature, which shall set forth all operating expenses for the ensuing the auditor will of course be basically responsible to them. fiscal period and shall be referred to as the General Ap He will provide the legislature with such information as it propriations Budget. The other part shall set forth all ex may need from time to time outside the regular audits, and penditures proposed for capital improvements to be under will serve at nil times as the “watchdog” of public spending. taken during said period and shall be referred to as the In addition to the auditing of the accounts of the State, it Capital Improvements Budget. A General Appropriations is the opinion of your Committee that the auditor should Bill to authorize expenditures proposed under the General have the same responsibility over the several units of local Appropriations Budget, and bills to authorize expenditures government. These units are now being audited by the Bank proposed under the Capital Improvements Budget and for Examiner in the treasurer’s office, but much could be gained new or additional revenues or for borrowings by which the by centralizing all post-auditing. It would provide for better proposed expenditures are to be funded, shall be submitted utilization of skilled manpower, assure uniformity of audits, by the governor to the legislature and shall be introduced and make available to the legislature reports on county fiscal therein as soon as practicable after the opening of each affairs. session during which the budget is to be considered. Your Committee is aware of the fact that the Committee SECTION 2. Legislative Appropriations Procedure. No on Legislative Powers and Functions has under consideration appropriation bill, other than bills to cover the expenses of a proposal requiring the State legislature to meet each year, the legislature, shall be passed on final reading by either one year for a general session and the next for budgetary house until the General Appropriations Bill shall have been purposes. The provisions on taxation and finance as herein transmitted to the governor, unless the governor has re recommended are equally applicable whether the legislature commended the immediate passage of such appropriation meets once a year, as proposed, or every other year, as is bill, in which case, such bill, if enacted, shall continue in now the practice. force only until the General Appropriations Bill shall by Your Committee recommends: its terms become effective. (a) That the proposal attached hereto (Committee Pro SECTION 3. Power of Legislature to Amend the General posal No. 10) which reflects a composite of many of the Appropriations Bill. The legislature may make any amend proposals referred to your Committee and of the prelimi ments in the General Appropriations Bill, provided such nary draft attached to Committee Report No. 51 be adopted amendments shall not result in increasing the total amount by this Convention without referral back to this Committee, in the bill as recommended by the governor. (b) That the Committee on Ordinances and Continuity of SECTION 4. Special and Supplementary Appropriations. Law be instructed to present to the Convention for adoptinn Appropriation bills, other than the General Appropriations an ordinance which will provide for the assumption by the Bill, and other than any appropriation bill recommended by STANDING COMMITTEE REPORT NO. 51 199 the governor which expires when the General Appropriations values of taxed real property in each county for the year in Bill becomes effective, shall not appropriate money for which this Constitution takes effect, as determined by the more than one subject or purpose. tax assessment rolls of the State pursuant to law, bears to SEC TION 5. Power of Governor to Alter Appropriations. the total of assessed values of taxed real property in all The governor may strike out or reduce items in appropria counties. Each fifth year thereafter, the said twenty-five tion bills passed by the legislature and the procedure in million dollars shall be and is hereby similarly reallocated such cases shall be the same as in the case of the disap in proportion to the respective assessed values then pre proval of an entire bill by the Governor. vailing, and each county may contract indebtedness in accord ance with its new allocation despite the fact that the same SECTION 6. Appropriations for Private Purposes Pro might cause the total indebtedness to exceed twenty-five hibited. No tax shall be levied, or appropriation of public million dollars. Bonds and other instruments of indebted money or property be made, nor shall the public credit be ness in excess of that herein allocated may be issued by given, lent or used, either directly or indirectly, except for any county when authorized by a two-thirds vote of the a public purpose. No grant shaU be made which is contrary members of the county governing body, provided such ex to or in conflict with Section 5 of Article of this Con cess debt, at the time it was authorized by the governing stitution. body would not cause the total of indebtedness for the county SEC TION 7. Expenditure of Money. Whenever anticipated to exceed a sum equal to seven and one-half percent of the revenues fail below the revenue estimates upon which ap total of the then assessed values of taxed real property in propriations were based, or whenever the Governor is the county, as determined by the tax assessment rolls of authorized by law to effect other economies, the Governor, the State pursuant to law, and provided further that such to the extent proper to effect such economies, shall have excess debt is approved by a majority of the registered authority to reduce expenditures of state monies below ap voters whose votes are tallied on the subject at an election propriations, and through allotments or otherwise, to con in the county concerned. trol the rate at which such appropriations are expended All bonds or other instruments of indebtedness for a during the fiscal period, provided, that the legislature, by term exceeding one year shall be in serial form maturing resolution concurred in by a majority of the members of in substantially equal annual installments, the first install each House, may exempt specific appropriations for the ment to mature not later than five years from the date of legislative department from the exercise of this power by the issue of such series, and the last installment not later the Governor. than 35 years from the date of such issue. SECTION 8. Powers of Taxation. The power of taxation Interest and principal payments shall be a first charge shall never be surrendered, suspended, or contracted away. on the general revenues of the state or county, as the case may be. SECTION 9. Uniformity of Taxation. The land and other The provisions of this Section shall not be applicable to property belonging to citizens of the United States residing indebtedness incurred for a public enterprise body when the without this state shall never be taxed at a higher rate than only security for such indebtedness is the revenues of such the lands and other property belonging to residents thereof. body, or to indebtedness incurred for improvements when SECTION 10. Debt Limitations. Bonds or other instru the only security for such indebtedness is the assessments ments of indebtedness to fund appropriations for any fiscal upon properties benefited or improved. period in anticipation of the collection of revenues for such Nothing in this Section shall prevent the refunding of any period or to meet casual deficits or failures of revenue, indebtedness at any time. which debts shall be payable within a period of one year, and bonds or other instruments of indebtedness to suppress SECTION 11. Purchasing Methods. Ml public purchases insurrection, to repel invasion, to defend the State in war, made by the government of this state, or any of its sub or to meet emergencies caused by disaster or act of God, divisions, so far as the legislature shall deem the same may be issued under legislative authorization in excess of practicable, shall be centralized and made under a system the debt limitations hereinafter provided. of competitive bidding. No bonds or other instruments of public indebtedness shall be issued except by or on behalf of the State or a SECTION 12. Auditor. The legislature shall, by a majori county, and less authorized by the legislature or the county ty vote of all the members in joint session, appoint an audi governing body; provided that no county bonds or other tor who shall hold a certificate as a Certified Publlc Ac county instruments of indebtedness shall be deemed to be countant and who shall serve for a period of eight years and authorized until the issue thereof is approved by a majority thereafter until a successor shall have been appointed. The of the registered voters whose votes are tallied on the sub legislature by two-thirds majority vote of the members in ject at an election in the county concerned. joint session may remove the auditor from office at any time Fifty million dollars is hereby established as the debt for cause. It shall be the duty of the auditor to conduct post- limit of the State. Bonds and other instruments of indebted audits of all transactions and of all accounts kept by or for ness in excess of the debt limit may also be issued, provid all departments, offices and agencies of the State and its ed such excess debt of the State is authorized by a two- political subdivisions, to certify to the accuracy of all fi thirds vote of all the members of each House of the legis nancial statements issued by the respective accounting lature and such excess debt, at the time of authorization, officers and to report his findings, criticisms and recom would not cause the total of State indebtedness to exceed a mendations to the Governor and to the legislature at such sum equal to Fifteen Percent (15%) of the total of assessed time or times as shall be prescribed by law. He shall also values of taxes real property, in the State, as determined make such additional reports and conduct such other investi by the tax assessment rolls of the State, pursuant to law. gation of the State, or its political subdivisions, as may be Twenty-five million dollars is hereby established as the directed by the legislature. aggregate total debt limit of the counties of the state, and Is hereby allocated as of the date of the admission of the Henry A. White, Harold W. Rice, State, among the counties in the ratio which the assessed Chairman Vice-Chairman 200 JOURNAL DOCUMENTS Alexander Castro Charles A. Rice particularity you are in conformity with the best traditiqns Frank Y. Kam Herbert M. Richards in the drafting of constitutions. John K. Lal Sakuichi Sakai Very truly yours, Jack H. Mizuha C. Ntis Tavares Arthur D. Woolaway Walter D. Ackerman, Jr. Attorney General Arthur K. Trask—Sec. 10 and 12. James K. Yamamoto—I reserve the right to argue Sec. EXHIBIT NO. 2 10 and 12. May 31, 1950 Takao Yamauchi—I do not agree on Sec. 10 and 12 as is. MEMORANDUM EXHIBIT NO. 1 TO: Hon. Henry White, Chairman TERRITORY OF HAWAII Committee on Public Finance and Taxation DEPARTMENT OF THE ATTORNEY GENERAL SUBJECT: Exemptions presentiy granted by law. HONOLULU Reference Is made to the memorandum from May 29, 1950 the Assistant Tax Commissioner, dated May 29, 1950, list ing exemptions, presentiy granted by law, which would be Mr. Henry A. White, Chairman prohibited in whole or in part, or would be questionable, Committee on Public Finance and Taxation under the proposed Sec. 14. Constitutional Convention I enclose herewith a proposed re-draft of Sec. Honolulu, T. H. 14, which would allow to be continued in whole or in part, Dear Sir: the following exemptions presently allowed by law, listed by Mr. Westley as excluded by the present draft or as I wish to herewith confirm my oral opinion to you to the questionable, that is: Sec. 5149.05, homes of disabled veter effect that it is not necessary to specifically authorize the ans. Sec. 5150, property of lepers (but would be restricted Legislature to make grants to private institutions of an to homes). Sec. 5150-A, property of persons with impaired eleemosynary nature, or to specifically authorize it to ex sight (but wouldbe restricted to homes). Sec. 5151, Par. 3, pend money for advertising the Territory. These powers parsonages and camp sites; Sec. 5151, Par. 12, the Maui have been repeatedly upheld under the doctrine of “public County Fair and Racing Association (if conducted for the purposes”. This doctrine is a part of the due process benefit of the community); Sec. 5151, Par. 28, 29, 30, 31, clause. Hence, any expenditure which is prohibited under parsonages; Sec. 5151, Par. 32, Monnalua gardens (but the the doctrine would still be prohibited under the United States golf links would not be exempt); Sec. 5151, Par. 33, this ex Constitution even if our Constitution authorized it. And emption, for Boy Scout and Girl Scout Organizations, would there is no point in specifically conferring this particular be allowed by the enclosed draft except for properties used power upon the Legislature, since all legislative power, ex for business enterprises; Sec. 5151, Par. 37, parsonage; cept as prohibited by the Constitution and laws of the United Sec. 5151, Pars. 54 and 55, American Legion and Veterans States, or the Constitution of Hawaii, will be conferred upon of Foreign Wars (to the extent conducted for the benefit & our legislature. the community but without exemption for business enter With reference to the provision of section 10 that “No prises). grant shall be made which is contrary to or in conflict Hence under the enclosed draft the exemptions allow with Section 5 of Article of this Constitution,” the sec ed by Sec. 5149 (Homes including Act 64, Special Session tion to which reference fiiIiide in turn providing that “No 1949, covering certain leaseholds) still would be excluded. law shall be passed respecting the establishment of religion There would be excluded, as business enterprises, the ex * * *,“ it is my opinion that this clause adopts the construc emptions allowed by paragraphs 24 and 25 of section 5151. tion placed on language of the First Amendment similarly There also would be excluded that part of paragraph 32 prohibiting any law respecting the establishment of religion. which exempts the Moanalua golf links, because the golf links That construction is that the Constitution erects “a wall of are operated for profit, and so much of paragraphs 12, 33, separation between church and state” which precluds sup 54, and 55 as permits the exemption of profit making enter port by the State of “any religious activities or institutions prises. whatever they may be called, or whatever form they may Respectfully submitted, adopt to teach or practice religion,” in the words of the majority in Everson v. Board of Education, 330 U.S. 1, 16, Rhoda V. Lewis and McCollum v. Board of Education, 333 U. 5. 203, 210, Assistant Attorney General or in the words of the minority, “the Amendment forbids End. any appropriation, large or small, from public funds to aid or support any and all religious exercises * * * Legislatures P. 5. A further change is suggested by the enclosed draft, are free to make, and courts to sustain, appropriations only last paragraph, where mention of “improvements” has been when it can be found that in fact they do not aid, promote, eliminated as covered by the word “property” and for con encourage or sustain religious teaching or observances, be formity with the style of the rest of the section. the amount large or small.” Everson v. Board of Education, 330 U. 5. 1, 41, 52-53, quoted in McCollum v. Board of Edu cation 333 U. 5. 203, 210, note 7. PROPOSED REDRAFT OF SECTION 14 OF ARTICLE Exactly how this doctrine applies in particular situations PUBLIC FINANCE AND TAXATION will have to be developed upon consideration of the relevant facts and judicial opinions. I believe that in confining your SECTION 14. Exemption from Real Property Taxes. No selves to the general principle without attempting more real property within the taxing power of the State shall be STANDING COMMITTEE REPORT NO. 52 201 exempted from any real property tax imposed by law, ex very broad and if a liberal interpretation is put on this pro cept by general classification, and then only if authorized posed provision, it may include all exemptions presently by this section. granted under Sec. 5151. Property owned by, or leased to, or the subject of emi Torkel Wesily nent domain proceedings brought by, any government or in Assistant Tax Commissioner strumentality thereof, may be exempted from taxation by law. (Tables enclosed) Property may be exempted by reason of the imposition of another tax in lieu of property taxes. Property used exclusively for religious, cemetery, STANDING COMMITTEE REPORT NO. 52 scientific, educational, literary, hospital, or charitable pur poses or for the benefit of the community or the promotion Your Committee on Education begs leave to submit an of social welfare, or such part thereof as is used exclusive article on education consisting of five sections. For the ly for such purposes or activities, may be exempted from convenience of the delegates this report is submitted under taxation by law, but no such exemption shall be allowed for separate headings. any portion of such property in excess of that actually so used, or for any property or part thereof operated for prof Separate Article on Education it, irrespective of the purposes or activities for which such profit is used. Your Committee recognizes that there are two positions Property owned by any person who by reason of disease with respect to the format of a state constitution, both of or any disability is permanently physically handicapped, which have already been expressed on the floor of the Con and occupied as a home for himself or his family, may be vention. One position is that a state constitution should con exempted from taxation by law. cern itself basically with the three coordinate branches of Property dedicated to a forest reserve may be exempted government—legislative, executive, judicial—with reference by law, provided it is used for purposes not inconsistent to such matters as health and education briefly stated in an with such dedication. article on General Welfare. The other position is that a Property set aside for reconstruction, redevelopment state constitution may well include separate articles ex and rehabilitation of obsolete, decadent or blighted areas, pressing basic principles with reference to the subject and the improvements thereon, may be exempted from tax matier concerned. ation by law for such period or periods of time and upon Your Committee on Education subscribes to the second such terms, conditions and restrictions as it may prescribe. position, especially insofar as public education is concern Property essential to the conduct of a business may be ed. We believe that this position is supported by (1) H. R. exempted from taxation for such period or periods of time 49, now before the Congress, (2) the electorate of Hawaii, and upon such terms, conditions and restrictions as may be and (3) the vote on the floor of this Convention on second prescribed, if in the judgment of the legislature such action reading of Committee Proposal No. 1 (Health and General will serve to encourage new, or to preserve, industrial or Welfare). agricultural development in the state. H. R. 49 specifically mandates constitutional provision for public education, as follows: “. . .provisions shall be EXHIBIT NO. 3 made for the establishment and maintenance of a system of DEPARTMENT OF THE TAX COMMISSIONER public schools, which shall be open to all the children of HONOLULU 9, HAWAII said State and free from sectarian control.” This is a May 29, 1950 recognition of the unique function of public education in a democratic state—a function deserving more recognition MEMORANDUM than a word, a sentence, or a single paragraph. This recog RE: Sec. 14 of Attached Constitutional Proposal nition is further reflected in the official actions of such Proposed Sec. 14 prohibits the following exemptions pres organizations as the Hawaii Education Association and the ently granted by law: Sec. 5149, homes including Act 64, Spe Chamber of Commerce of Honolulu, both of which have taken cial Session 1949,covering certain leaseholds; Sec. 5149.05, definite stands with respect to constitutional provisions re homes of disabled veterans; Sec. 5150, lepers; Sec. 5150-A, lating to education. persons with impaired sight; Sec. 5151, Par. 3, parsonages Your Committee believes that the vote takei~ on the floor and camp sites; Par. 12, the Maui County Fair and Racing of this Convention on second reading of Commitiee Proposal Association; Par. 24, the Salvation Army’s Industrial C enter No. 1 clearly indicates that a majority of the delegates sup on Vineyard Street, Honolulu; Par. 25, the Kona Sapanese port the thesis of separate articles on such matters as Hospital, a privately owned institution, operated for profit; health, education, land, and others instead of including them Par. 28, 29, 30, 31, parsonages; Par. 32, Moanalua golf links, incidentally by reference. Par. 33, this exemption would be somewhat restricted as to Your Commitiee is cognizant of the fact that public edu use and purpose; Par. 37, parsonage; Par. 54, American cation could be left to legislative control; it recognizes that Legion; Par. 55, veterans. a short paragraph or even a word in a telescoped section Notes: We have included parsonages and camp sites in under the heading of General Weifare might suffice to permit the above list of exclusions for the reason that they are not the State Legislature to provide for the support and the used exclusively for religious workship, however, it’s possi method of control over public education. Practices vary ble that these exemptions may be permissible under the greatly. The Missouri constitution devotes 6 pages, includ wording “or for purposes clearly non-profitable.” ing 15 sections, to education; the New Jersey constitution The following have been excluded because we believe makes reference to education only under sections dealing they are business enterprises: Paragraphs 24, 25, 32, 54 with finance; the Model Constitution has a separate general and 55, also par. 33 in part covers business enterprises. ized section in the Article on General Welfare. We also wish to point out that the wording “or for pur Your Commitiee on Education supports a separate arti poses clearly non-profitable or charitable in character” is cle on Education of 5 sections, each dealing with basic 202 JOURNAL DOCUMENTS principles: (1) a general mandate upon the state to provide 1. That the Board of Education be nine in number, and for publicly supported education; (2) a section on the selec - that the Chairman be designated by the Governor. tion of the Board of Education; (3) a section dealing with the 2. That the members be appointed for staggered or over functions of the Board of Education; (4) a section on the lapping terms. selection of the University Board of Regents; and (5) a 3. That two members of the Board be from the island of section dealing with the powers and functions of the Board Hawaii, one each from Maui, Kauai, rural Oahu, and Hono of Regents. lulu, two from the State at large, and the Superintendent of Centralization Public Instruction serving ex officio. 4. That the local school council function as an advisory Statewide control over the public school system of Ha- committee to meet with the local board member or members wail, under a single board of education, has met with wide and the district superintendent. spread approval. Centrally controlled public education in 5. That the panel be a combined list made up of a speci Hawaii (under Kingdom, Republic and Territory) has con fied number of names submitted by each of the local school tributed greatly to the development of Hawaii as a demo advisory councils, from which the Governor would appoint cratic American community. Under centralized control a both the local Board member from each county or district, greater degree of equalization of educational opportunity and the Board members at large. exists than in any of the 48 states of the Union. Your Committee on Education is unanimously and strong Although local school advisory councils would be new in ly of the opinion that this principle should be fixed In our Hawaii, the idea is not new. The report of the Federal Constitution. In support of this position we make reference Survey of Education in Hawati, made thirty years ago, re to (1) a principle that has stood the test of time (105 years), commended county boards of education to serve in an ad (2) a trend away from decentralization in the States, and visory capacity. It is the opinion of the Committee that the (3) the universal support of the feature of centralized con establishment of such local councils on an advisory basis trol both in all published surveys of education in Hawail would provide for the desirable local participation without and by professional educators who have visited the Islands. destroying the advantages of centralized statewide control. The concept of a single, statewide system of public school ing is so fundamentally sound, so widely acclaimed, and so Superintendent proved in the light of Hawaiian history as to justify in Section 3 of the Committee Proposal places the respon cluslon of the principle in the State constitution of Hawaii. sibiity for the appointment of the Superintendent of Public Board of Education Instruction in the Board of Education, but it also makes him a member ex officio of the Board with the privilege of Section 2 of the Committee Proposal provides for the voting. appointment of the Board of Education from a panel of With reference to the appointment of the Superintendent, names submitted by “local school advisory councils to be your Committee gave consideration to the following factors: established by law.” This provision is the result of pro It is generally recognized that the executive officer of any longed discussion of the pros and cons of an elected school department of government operating under a board of con board. It not only resolved the controversy on this point trol can best carry out the policies established by such within the committee, but has the additional merit of render board if he is selected by the members thereof. In the pre ing possible some very wholesome “grass roots” partici sent Territorial setup the Superintendent is appointed by the pation in public school affairs. Governor. This creates an anomalous situation. As an Hawaii’s public schools are not as close to the people officer of government directly responsible to the Governor, who support and patronize them as is typically the case on the Superintendent can refuse to carry out the policies of the mainland. Your committee weighed carefully the argu the Board of Education, and, in so doing, deny to that board ments for an elected Board of Education as one means of the rights granted to it. The function of the Board of Edu effecting more community participation in the management cation, under such circumstances, can become merely ad of the public schools. In summary these arguments are as visory. follows: In recommending that the Superintendent be appointed by the Board, your Committee also took cognizance of practice 1. An elected board is more likely than an appointed elsewhere. City school superintendents are almost uni one, to be representative and sensitive to the will of the versally appointed by the Board. In state systems where people. schools are decentralized as to control, and State boards 2.. It provides for closer participation on the part of the exercise only general oversight, a considerable number of people in school matters. the superintendents are appointed. 3, It is in line with the democratic concepts of our re It can be noted, too, that the appointment of the Super publican form of government. intendent of Public Instruction by the Board of Education 4. EIghty-five percent of local school boards on the has been repeatedly recommended by the teaching professio: mainland are elected. of Hawaii in resolutions of the education associations and in Against this position it was argued that an elected board the several surveys (1920, 1930, 1940, 1943) of education in might draw the school system into politics; that many per Hawaii. sons otherwise available for board service would be unwill Membership of the Superintendent on the Board of Edu ing or unable to spend the time and money required to run cation posed for your Committee a more difficult problem for election to a non-paid position and at the same time risk than the question of his appointment. In city school systemt being defeated. Furthermore, it was pointed out that ours it has been typical practice for the Superintendent to be se is a statewide system, and that state boards of education on lected and appointed by the Board, but not to be a member the mainland are predominantly appointed. thereof. In state school systems the practice varies, but A number of important matters, though discussed at con - membership on the Board is the prevalent practice. siderable length, were left for statutory provision. For ex In the recommendations of professional organizations ample, it is the recommendation of the Committee: and the surveys, referred to above, the assumption has beet STANDING COMMITTEE REPORT NO. 52 203 that the Superintendent would not be a member of the Board. the children have not sufficient classrooms in which to go to However, this conclusion has been based on a comparison of school, or in some instances are going to school in fire-trap Hawaii’s statewide school system with city systems. It has structures. been the contention that under centralization of control over 3. Because of county planning and financing of new education the Territorial school system has been more like school construction, many buildings constructed are inade a city school system than a state school system. quate even in minimum standards of functional soundness Your Committee, however, has concluded that the com because of (a) lack of architectural and other specialized parison of Hawaii’s statewide system with city school sys - services in some of the counties, and (b) the fact that county tems is invalid. It is like city school systems in the fact engineers are concerned primarily with the structural that it exercises control, but it is also like state school soundness of the building and its maintenance costs and not systems in the fact that it has supervisory power. A better with the adequacy of the design of the building or its equip comparison, it is felt, would be with state university prac - ment for the function of education. (As an example, some tice, where both supervisory and control functions are vest school buildings are without any closet or storage space in ed in one and the same board. It is almost universal Uni the classrooms and in a very recent case a county building versity practice for the executive officer to be appointed by department required the architect to change his specifica the board and to be also a voting member. tions for good quality blackboards to composition black Some consideration was given to the suggestion that the boards which are practically worthless from the standpoint Superintendent be an ex officio member of the Board, but of use). These inequalities both in amount and kind of school without vote. It was felt by the majority of the Committee, facilities and in the minimum standard of school architecture however, that such status would have little meaning. and equipment are necessarily translated into unequal edu The main argument advanced against the proposal being cational opportunities for the children of the Territory. made was (1) that it might enable the Superintendent to ex 4. The expenditure of funds for poorly designed struc ercise undue influence, or (2) that his position as a pro hires either from the standpoint of sound construction or fessional leader might be weakened by his fear of reprisal. inadequacy for the purpose for which they are built, is, to It was felt, however, that it is a responsibility of a pro the degree of such unsoundness or inadequacy, a waste of fessional leader to exercise influence in behalf of his con the tax dollar. victions, and that reprisal could be resorted to in either 5. Teachers’ cottages are made available to the teachers setup. It was felt, furthermore, that voting board member on financial bases differing in each county. Therefore, al ship would enable the Superintendent better to represent the though all teachers are paid on a uniform scale, in terms profession he is supposed to represent before the group of “take home” pay they are actually receiving different that establishes educational policy. salaries for the same classification. 6. With respect to maintenance, repair and upkeep of Dual Control school buildings and grounds, there are arguments both in It is the intention of the Committee that the phrase “in favor of centralized responsibility and in favor of county cluding all physical facilities therefor” as it appears in responsibility. Section 1 refers to all educational institutions, including the public schools. It is indisputable that the physical facilities The arguments in favor of centralized responsibility are of a school system are as much a part of the system as the as follows: teaching staff and the curriculum, and therefore the State’s 1. Due to appreciable differences in the financial position responsibility for a statewide system of public schools ne of the several counties, the school building maintenance and cessarily includes the responsibility for the physical facili repair needs are well cared for on one island, poorly cared ties. However, the Committee recommends that such re for on another, and only fairly cared for on the third. In sponsibiity be referred to in the constitution because today, still another county, although funds are adequate, the county although we have a statewide system of public education, authorities have not seen fit to allocate enough for school responsibility for the buildings, grounds and other physical maintenance purposes. Since inadequate maintenance and facilities has been delegated to the respective counties. The repair is wasteful of capital investment even to the extent resulting dual control in our school system has led to the of eventually necessitating replacement of existing struc - following disadvantages and inequalities: tures, it would seem preferable that the responsibility for 1. The counties under their present sources of revenue maintenance and repair also be vested in the Board of are unable to finance new construction out of their general Education. funds. Therefore, within the last two bienniums, the four 2. The present system where the counties are requested counties have borrowed from the Territory approximately by the school department on each island to make the neces $18,000,000 for school construction. Although the counties sary repairs makes it possible for each agency to evade its are obligated to repay the Territory both the principal and responsibility. The fixing of responsibility solely in one interest on these bonds, and therefore the bonds may be agency would therefore seem to be highly desirable. considered county obligations, the fact remains that Arguments in favor of county responsibility are as $18,000,000 of the Territory’s borrowing power has been follows: used up to obtain funds for the counties which legally they could not borrow under their own debt limitations as pre 1. The county boards of supervisors meet frequently and scribed in the Organic Act. can therefore approve expenditures for repairs, etc., which 2. Since the funds for new construction are, under our cannot be anticipated long enough in advance to be itemized present system, requested by the respective counties from in a State budget. the Territory, the initiative lies with each county as to what 2. Maintenance and repair needs can be met promptly and how much new construction, and where, when and how if handled locally, but may be long delayed if State approval the county plans to build. The result is that one county has of the repair item is necessary. utilized Territorial credit to build facilities other than 3. Local pride in the school buildings would be killed if classrooms for its school children while in other counties the counties do not have the responsibility of their upkeep. 204 JOURNAL DOCUMENTS 4. It is, furthermore, somewhat paradoxical to argue for English standard schools. It was the consensus of your greater local participation in the school system by setting Committee that the continuance of English standard schools up local Advisory Councils and at the same time take over is undesirable. county responsibility for school facilities. Agricultural Education In view of the validity of arguments on both sides of this question a reasonable and acceptable solution could be There was also a proposal (No. 131) for the establish worked out as follows: ment of a statewide agricultural education system. Since In order to retain county participation in the maintenance, such a system would obviously have to operate under sepa repair and upkeep of school buildings and grounds and yet rate institutions of government, such as the public schools derive the advantages of statewide control, it is the recom and the University, your Committee was of the opinion that mendation of the Committee that the responsibility be vested the incorporation of the constitutional provision proposed in the State but that the legislature consider favorably di would superimpose upon existing institutions undesirable recting the utilization of the respective county building de limitations and controls. Your Committee, however, ex partment maintenance and repair services, the counties to pressed its keen interest in the development of agricultural be reimbursed for the work performed from the State school education and desired to go on record as recommending to budget. Furthermore, the use of the county building depart the University Board of Regents all possible consideration ment’s maintenance crews and equipment would save un of means for the improvement of agricultural education. necessary duplication and would aid the counties in the The proposal does not therefore appear in the Education financing of their full-time maintenance and repair employ Committee Proposal. ees. Anti -Segregation Finance The anti-segregation clause in Section 1, is self-explana The Committee also had before it various suggestions tory other than the omission of the word ‘sex,” which has with respect to methods of financing public education. Upon been omitted because our school system provides classes consideration of these suggestions, however, the Committee in specialized educational fields. The segregation in these came to the conclusion that in a state where public education and similar instances on the basis of “sex” constitutes a is fully centralized as to control there would be no advantage reasonable classification and is in no sense a deprivation in departing from the present practice. The Committee of a right. therefore recommends that the manner of financing public education be left to the legislature. Public Funds for Private Schools Culture of Ethnic Groups —Language Schools Your Committee has incorporated a prohibition against the appropriation of public funds “for the support or benefit Private Schools of any sectarian, denominational or private educational in Your Committee considered two proposals relating to stitution.’ This provision is taken directly from the Organic Hawaii’s cultural background. The purpose of one of these Act and is usual in State Constitutions. It was not the in (Proposal No. 164) was to encourage the dissemination of tention of the Committee that this provision prohibit the the facets of the cultures of the various ethnic groups which present practice of the use of public money for dental and have contributed to Hawaii’s unique position as an American public health services in private schools within the Terri community with a character none the less all its own. tory. The second of these proposals (No. 165) would have out lawed any abridgment of the establishment or administration University of foreign language schools. The Board of Regents of the University of Hawaii is A third proposal (No. 163) would, if incorporated in the Constitution, have removed all privately supported and con herein created a body corporate for the purpose of giving trolled educational institutions from government supervision. it such legal continuity and corporate powers that it can Although sympathetic to the purpose back of the first of better handle the financial affairs of the University. It is these proposals, your Committee felt that the subject- intended that the powers would include the power to con matter is more properly something which should be left tract, to accept gifts and agree to the terms thereof, to hold for statutory law. legal title to the real and personal property of the Universi With reference to the second of these proposals, your ty, and to qualify under Federal Statutes for advantageous Committee was of the opinion that United States Supreme loans to the University, and such other powers as are in hirent in a corporate body and applicable to the nature and C ourt decisions have already defined the limitations upon the State sought, and that the Proposal would therefore purposes of a State University. meet no purpose. Inclusion of the third proposal would, In making the above recommendation your Committee except for subversive teaching, deny to the State such con has taken into consideration the fact that all State Universi trol as the licensing of private schools and such nominal ties, except one, now have title to State University lands. Furthermore, had the University of Hawaii had these powers supervisory control as might be necessary in the interests in the last few years, it could have borrowed from the Feder of the public health. al government for critically needed dormitory construction, English Standard Schools some five million doilars on a self-liquidating loan basis at low rates of interest. While not recommended in a specific proposal, your The University Board of Regents presented to your Com Committee also gave consideration to the possibility of mittee two further suggestions, both of which were given constitutional proscription against the practice of organiz consideration. One suggestion was to the effect that a con ing English standard schools. Since such schools are being stitutional provision reserve to the University Board of gradually eliminated under statutory law, it was decided Regents control over all publicly supported higher education not to include in the Article any section with reference to in the State of Hawaii. Such a provision would have placed STANDING COMMITTEE REPORT NO. 52 205 junior colleges, if and when established, under the jurisdic and control . . . including all physical facilities tion of the Regents. It was the consensus of your Committee therefor.” that the decision with respect to this matter is not immedi No. 57. “Missouri Plan” for selection of Board Members— ately pressing and can well be left for future legislative filed in view of agreement on Committee Proposal action. Sec. 2. The University authority also presented to your Commit No. 64. General i1~andate to provide for uniform system— tee the problem of financial control. Data were presented incorporated in Committee Proposal Section 1. which indicate that in all but two of the State Universities, No. 66. Present method of appointment—filed as result of the boards of regents have unrestricted control over funds agreement on Committee Proposal Sec. 2. appropriated for university expenditure. In the present No. 88. Public Schools and University—filed as result of Territorial set-up the Bureau of the Budget exercises agreement on Committee Proposal. certain controls over the Board of Regents. Your Committee No. 110. Election of Board—filed as result of agreement on felt that this problem is one faced by other departments of Committee Proposal Sec. 2. government as well as the University and that it should pro No. 117. Public Libraries—provision incorporated in Com perly be referred by the University to the Committee on mittee Proposal Section 1. Taxation and Finance for consideration as to general fiscal No. 118. Segregation prescribed in Committee Proposal policy, or be presented to the legislature for consideration Section 1. and action. No. 120. No Public Money for private schools—incorporat Sections 4 and 5 of the Education Committee’s Proposal ed in Committee Proposal Section 1. relate to the University of Hawaii. It will be noted that no No. 131. State-wide agricultural education—filed. change from existing practice is recommended in the se No. 149. County Advisory Committees appointed by County lection of members of the Board of Regents. Your Commit Boards of Supervisors—filed as result of agree tee did consider the possibility of restricting the Governor’s ment on Committee Proposal Section 2. power of appointment by including some provision for se No. 163. No C ontrol over private schools—filed. lection to be made from a panel. There was some disposi No. 164. Culture of Ethnic Groups—filed. tion to feel that if such practice is defensible in providing No. 165. Language Schools—filed. for the Board in control of the public school system the List of Persons Who Met with the Committee and Spoke principle is equally valid for the Board of Regents. on Subjects Indicated A majority of your Committee, however, felt that the situations are not analogous. Public education is very close Re: Board of Regents (Control over Funds; Tile to Land) to the people, and all of the people have had close contact with public schooling. The adults of any community, there April 26, 1950: Dr. Gregg M. Sinclair, President, fore, are in position to share intelligently in the selection University of Hawaii; Dr. Paul S. Bachman, Secretary, of the Board of Education. A very small proportion of the Board of Regents; I. Frank McLaughlin, Chairman, Board adults of a community have had similar contact with the of Regents; Oren E. Long, Secretary of Hawaii; Dr. Deal problems relating to higher education. C rooker, Deputy Superintendent, Department Public In struction. April 28, 1950: Herbert N. Hiroshige, Hawail Farmers’ Disposition of Proposals Bureau; Toseph Dickson, Auditor, Territory of Hawaii. May 1, 1950: Mrs. E. E. Black, Member, Board of No. 1. General mandate to provide for public education— Regents; Samuel K. Apoliona, Tr., Delegate, Constitutional incorporated in Committee Proposal Section 1. Convention, Oahu. No. 2. Higher Education—incorporated in Committee Proposal Sections 4 and 5, except: (a) “Regents Re: Method of Selecting the Board of Education shall be in charge of all publicly supported May 17, 1950: Mrs. Ann H. Corbett, Delegate, Constitu higher education . . .“ For the reasons set forth tional Convention, Oahu. on page 17 this provision was deleted. (b) “. May 18, 1950: Stanley Miyamoto, Principal, Waialae exclusive control of all funds” was deleted, leaving School; Oren E. Long, Secretary of Hawaii; Hal Sawer, this matter to the legislature. Teacher, Waialua High School; Dr. Deal Crooker, Deputy No. 10. Sec. 1, Board of Education to be part appointed, Superintendent, Department Public Instruction; Richard E. part elected, filed in view of Committee Proposal Meyer, Assistant Superintendent, Department Public In Section 2. Sec. 2, Functions of the Board of Edu struction; Dr. Seldon Gale Lowrie, Professor of Political cation —incorporated in Committee Proposal Sec - Science, Cincinnati University; Mrs. Gertrude Dow, Hawail tion 3. Sec. 3, Superintendent of Public Instruction Education Association; Dr. Cecil Dotts; Dr. Robert W. —incorporated in Committee Proposal Section 3, Clopton; Clayton Chamberlain; Edward N. Sylvia, Board of except “for a four-year term of office,” leaving Education; Mrs. E. E. Black, Board of Education; Tack this to Board of Education or to law. Sec. 4, fi Owens, Board of Education; Les Van Nostrand, Honolulu nancial support except in general terms in Com Chamber of Commerce, Education Committee, Chairman; mittee Proposal Section 1 “The state shall provide Richard 3. Lyman, Tr., Delegate, Constitutional Convention, for the establishment, support and control, etc . . Hawaii. Sec. 5, Public Funds for Private Purposes—incorpo rated in Committee Proposal Section 1, “nor shall Re: Dual Control or Single Control of Physical Facilities public funds be appropriated for the support of May 22, 1950: William Ellis, Chairman, Board of Super sectarian, denominational or private educational visors, Kauai; K. M. Ahana, Auditor, County of Kaual; Tal institutions.” Hing Leong, Superintendent of Public Buildings, County of No. 32. Buildings, Grounds and Facilities—condensed into Kauai; Eddie F. Tam, Chairman, Board of Supervisors, a brief reference in Committee Proposal, Section Maui; Koichi Hamada, County Engineer, Maui; Sakuichi 1. “The state shall provide for the. . . support Sakai, Delegate, Constitutional Convention, Supervisor, 206 JOURNAL DOCUMENTS Hawaii; Suyeika Okamura, City and County of Honolulu exercise full control over the public school system through Attorney; Henry A. Nye, Assistant City and County Comp its executive officer, the Superintendent of Public In troller; Lyman H. Bigelow, City and County Building Super struction, who shall be appointed by the Board, and shall intendent; Paul Keppeler, City and County Comptroller; be ex officio a voting member thereof. Joseph Ferreira, Oahu District Administrative Assistant, Department of Public Instruction; Earl Nielsen, Delegate, SECTION 4. Board of Regents. There shall be a board, to Constitutional Convention, Hawaii. be known as the “Board of Regents of the University of Ha- wail,” to be appointed by the Governor, by and with the con Re: Superintendent’s Place on the Board of Education sent of the Senate. The President of the University and the May 23, 1950: Dr. Gregg M. Sinclair, President, Uni Superintendent of Public Instruction shall be ex officio vot versity of Hawaii; Dean Paul Bachman, Secretary, Board ing members of the Board. of Regents. SECTION 5. Powers of the Board of Regents. The Board Re: Dual Control or Single Control of Physical Facilities of Regents shall be empowered to establish policy and to exercise full control over the University of Hawail through May 25, 1950: Joseph Ferreira, Oahu District Adminis its executive officer, the President of the University, who trative Assistant, Department of Public Instruction; Samuel shall be appointed by the Board. The Board of Regents of K. Apoliona, Jr., Delegate, Constitutional Convention, Onhu. the University of Hawaii shall constitute a body corporate May 27, 1950: Edward N. Sylva, Board of Education, and shall have titie in fee simple to all of the lands of the Jack Owens, Board of Education; Alfred Preis, Architect; University. Dr. Roy Brown, Chamber of Commerce of Honolulu; Joseph Ferreira, Oahu District Administrative Assistant, Depart Note: Signed by all committee members, except Delegate ment of Public Instruction; Eureka Forbes, Parent, Manoa, Kanemaru. Delegate Ihara and Yamamoto noted they did Oahu; Mary E. Couch, Principal, Kauluwela &hool, Oahu; not concur with Section 1; Delegate Kawahara did not concur Les Van Nostrand, Honolulu Chamber of Commerce, Chair with Sections 1 or 4. man, Committee on Education. STANDING COMMITTEE REPORT NO. 53 Your Committee on Education recommends that Commit tee Proposal No. 11 pass on Second Reading. —June 9, 2950 Your Committee on Miscellaneous Matters, to which was W. Harold Loper, George Dowson referred Res. Nos. 15 and 23, and Proposal No. 65, all re Chairman Flora K. Hayes lating to the subject of the location of the State capital, begs Kazuo Kage, Masao Kanemaru leave to report as follows: Vice-Chairman Elizabeth R. Kellerman Your Committee is in accord that the seat of government Trude M. Akau Harold W. Rice be located on the Island of Oahu at the city of Honolulu for Matsuki Arashiro James K. Trask the following reasons: Benjamin 0. Wist 1. The huge funds already expended for the establish Teruo Ihara—I do not concur with section of report deal ment of our present territorial government at the city of ing with dual control. Honolulu and the construction program of governmental Peter Kawahara—I do not concur with section on dual buildings presentiy under progress at the present area, control and Bd. of Regents. would make it contrary to economy at this period to shift Toshio Serizawa—I do not concur entirely with this re the location of the present capital. To relocate the capital port. in another area would necessitate considerable expenditure James K. Yamamoto—I do not concur with section of of funds. report dealing with dual control. 2. The present location of the capital is served by the COMMITTEE PROPOSAL NO. 22 largest harbor and airport facilities in Hawaii, strategic for the economic, military, and political control of the State. RELATING TO EDUCATION It is centrally located geographically in an area of non RESOLVED, that the following be agreed upon as part of contiguous islands and provided with highly developed trans the State Constitution: portation and communication facilities. ARTICLE 3. The present capital is located in an area where the vast majority of Hawaii’s population is concentrated. This SECTION 1. Public Education. The State shall provide for proximity to both lawmakers and administrators facilitates the establishment, support and control of a statewide system expression of the popular will to the agencies of govern of free non-sectarian public schools, a state university, - ment. public libraries, and such other educational institutions as 4. Since the bulk of the population is on Oahu, the larger may be deemed desirable, including all physical facilities part of the State’s administrative apparatus must in any case therefor. There shail be no segregation in the public edu remain on the island. Transfer of the capital to another cational institutions of this state because of race, polor or island would separate the executive and legislative branches creed; nor shall public funds be appropriated for the sup from the chief administrative offices. port or benefit of any sectarian, denominational or private - Your Committee, however, feels that the seat of govern educational institution. ment should not be permanentiy set is the city of Honolulu SECTION 2. Board of Education. There will be a Board by constitutional direction. Provision should be made in the of Education to be appointed by the Governor, by and with constitution to permit relocation of the capital. This may the consent of the Senate, from a panel nominated by local prove desirable in the future for the following reasons: school advisory councils to be established by law. SECTION 3. Powers of the Board of Education. The Board 1. An increase or shifting of population may eventually of Education shall be empowered to establish policy and to result in the growth of other cities comparable in size to 207 STANDING COMMITTEE REPORT NO. 55 that of the city of Honolulu, one of which may well qualify A subcommittee on the state flag was appointed to ex for selection as the State capital. plore this subj ect. This subcommittee reviewed the history 2. Our government may expand to a point where it may of the present Territorial flag, and with the assistance of prove desirable to relocate some governmental institutions the Legislative Reference Bureau, traced the origin of the and agencies elsewhere in the State. Such transfer would flag, and the representation of its design. become less costly as present governmental structures re The flag of Hawaii dates back to the year 1812, when it quired replacement. was adopted during the reign of King Kamehameha I, to be retained by the Monarchy, Republic and the Territory. In view of the above findings, your Committee presents The eight horizontal stripes represent the major islands of the following committee proposah the Hawaiian group. The colors, red, white and blue, were Seat of Government originally adopted from the British ensign, but retained as appropriate to a territory of the United States. Like most The seat of government of this state shall be located state flags, the design of the flag of HawaII has remained at the city of Honolulu on the island of Oahu, unless unchanged over the decades. It has carried forth its his otherwise provided by law. torical significance, traditions and sentimental value. The intent of your Committee is to provide a designated Proposal No. 193 suggests that the Union Sack of the place for the convening of the first state legislature. It present flag be replaced by the State Seal of Hawaii. The was unanimously agreed by thin Committee that the city of State Seal, as described in Proposal No. 193, Is the present Honolulu with its existent facilities as the territorial seat territorial seal, modified by replacing with the words “State of government in the proper place to inaugurate the new of Hawaii,” the present legend “Territory of HawaII,” and State government. changing the year “1900” to conform to the year in which Under the constitutional provision suggested by your Com Hawaii becomes a State. mittee, in case of invasion, insurrection, conflagration, or Other suggestions of an entirely new flag for the State of epidemic, or for other emergency conditions resulting from Hawaii were made in committee discussion. After delibera an act of God, the legislature would be empowered to move tion, however, a great majority of the committee members the seat of government to a temporary location, until the - approved retention of the present territorial flag as our emergency abated. It is also intended that provisions may State flag. Your Committee recommends the adoption of be made by law for the governor to exercise this power in the attached committee proposal, embodying this action. time of emergency, if the legislature is not convened. Proposal No. 55 is substantially identical in substance It is also intended that the phrase “provided by law,” with this committee proposal. It is, therefore, recommend shall authorize the legislature to establish methods to be ed that Proposal No. 55, as well as Proposal No. 193, sug employed in determining the location of the seat of govern gesting a change in the present Territorial flag, as de ment. scribed above, be placed on file. —June 9, 1950 Your Committee recommends that Proposal No. 65, Takao Yamauchi, Teruo Ihara Res. No. 15, and Res. No. 23, all of which have been care Chairman Kazuo Kage fully considered in drafting the attached proposal, be placed George Dowson, Masao Kanemaru on file. Vice-Chairman H. S. Kawakami Your Committee further recommends the adoption of the Samuel K. Apoliona, Sr. W. 0. Smith attached proposal. —June 9, 1950 COMMITTEE PROPOSAL NO. 13 Takao Yamauchi, Teruo Ihara Chairman Kazuo Kage PROVIDING FOR A STATE FLAG George Dowson, Masao Kanemaru RESOLVED, that the following be agreed upon as part Vice-Chairman H. S. Kawakami of the State Constitution: Samuel K. Apoliona, Sr. W. 0. Smith ARTICLE COMMITTEE PROPOSAL NO. 12 SECTION . State Flag. The emblem of the Terri RELATING TO SEAT OF GOVERNMENT tory of Hawail known as the Hawaiian flag, shall be the flag of the State of Hawaii. RESOLVED, that the following be agreed upon as part of the State Constitution: ARTICLE____ STANDING COMMITTEE REPORT NO. 55 SECTION . The seat of government of this state Your Committee on Miscellaneous Matters to which was shall be loca1~ii the city of Honolulu, on the island of referred Proposal No. 56, relating to the State seal and Oahu, unless otherwise provided by law. Res. No. 29, which in part also relates to the State seal, submits herewith a committee proposal, relating to a State Seal. STANDING COMMITTEE REPORT NO. 54 SECTION. State Seal. The seal of the Territory of Your Committee on Miscellaneous Matters, to which was Hawaii, modified to bear the legend, “The State of Hawaii,” referred Proposals Nos. 55 and 193 relating to the State followed by the year in which Hawaii shall become a state, Flag, submits herewith a committee proposal. shall be the great seal of the State of Hawaii. The great seal shall be kept by the Governor and used by him. Relating to the State Flag Your Committee on Miscellaneous Matters created a SECTION . State Flag. The emblem of the subcommittee on the State seal for Hawaii, to explore thin Territory of Hawaii, known as the Hawaiian flag, shall subject. This subcommittee recommended that the present be the flag of the State of Hawaii. territorial seal be adopted as the State seal by substituting 208 JOURNAL DOCUMENTS for the date ‘1900” now appearing in the territorial seal, A subcommittee on boundaries was appointed to explore the year in which Hawaii becomes a State, and by replacing into this subject and report back to the Committee. Valuable the words ‘Territory of Hawaii” with the words ‘State of services and aid were received from the Legislative Re Hawaii.” ference Bureau and the Territorial Surveyor’s office for Since its creation in 1896, the seal has been employed as facts and materials, and the Attorney General’s office for a symbol of government in Hawaii throughout the period of its legal advice. the Republic and of the Territory. Your Committee feels In our deliberations, we have attempted to confine those that this tradition should be perpetuated by providing for areas that are rightfully in the jurisdiction of the Territory adoption of the seal in the constitution of Hawaii, the State. of Hawaii. Such action would be in accord with the practice of most in the clarification of the areas of the Territory of Ha of our sister states. The subcommittee on the seal of Ha- waii the Territorial Surveyor’s office offered three alterna wail examined the constitutions of the 48 states and found tive plans with accompanying maps of detall descriptions of that 37 have provisions relating to the seal in their constitu areas of the islands. These maps were distributed to the tions, some including a detailed description of the seal. It delegates of this Convention for their consideration. may be noted that most of the states have not changed the After due consideration, your Committee submits this design of their seal since it was originally devised and Committee’s proposal for your consideration: accepted. Other versions of the State seal of Hawaii were presented The islands and territorial waters heretofore consti to the Committee. The seal proposed by Res. No. 29 was tuting the Territory of Hawaii shall be known as the State of Hawaii. reviewed by your Committee. A copy of this proposed seal, which is a modification of the present territorial seal, was It is the intent of this Committee that the word ‘Island” circulated to all delegates. Delegate Phillips of this Com includes all islands, islets, reefs and shoals. mittee presented an entirely new state seal for Hawaii, The words “territorial waters” are meant to include which was also considered. those rightful water areas as inferred in the Hawaiian Or After reviewing these seals, a great majority of your ganic Act by the ‘Soint Resolution providing for the annex Committee on Miscellaneous Matters is in full accord with ing of the Hawaiian Islands to the United States” as approved the attached committee proposal and recommends its adop on Suly 7, 1898, which includes not only the “3-mile limit” tion. but the territorial waters between the named islands. Inasmuch as Proposal No. 56 is identical in substance The phrase ‘heretofore constituting the Territory of Ha with the committee proposal, it is recommended that Pro waii” is all inclusive of those areas of land and water that posal No. 56 be placed on file. are defined as the Territory of Hawaii. Elements of Res. No. 29, requesting the legislature to Your Committee recommends the adoption of this com establish heraldic symbols for the new State of Hawaii, were mittee proposal and respectfully requests that Proposal adopted in substance in the attached committee proposal No. 125, relating to the Boundaries of the State of Hawaii, and in a companion proposal relating to a state flag. It is be placed on file. Proposal No. 125 in substance has been recommended, therefore, that Res. No. 29 be amended to incorporated in this committee proposal. —June 9, 1950 delete its first and third sections, respectively relating to Takao Yamauchi, W. 0. Smith the flag and official seal, and that its remaining sections, Chairman Samuel K. Apoliona, Sr. relating to a State motto, song, flower, colors and birth George Dowson, Kazuo Kage stone, be renumbered appropriately. These amendments have been made in the attached redraft RD. 1 of Res. 29. Vice-Chairman Masao Kanemaru Teruo Ihara H. S. Kawakami (see under Resolutions) It is recommended that this resolu tion, as amended, be approved by the convention. COMMITTEE PROPOSAL NO. 15 —June 9, 1950 RELATING TO STATE BOUNDARIES Takao Yamauchi, Teruo Ihara Chairman Kazuo Kage RESOLVED, that the following be agreed upon as part of George Dowson, Masao Kanemaru the State Constitution: Vice-Chairman H. S. Kawakami ARTICLE____ Samuel K. Apoliona, Sr. W. 0. Smith SECTION . The islands and territorial waters here COMMITTEE PROPOSAL NO. 14 tofore constffiiflñg the Territory of Hawaii shall be known PROVIDING FOR A STATE SEAL as the State of Hawaii. RESOLVED, that the following be agreed upon as part of the State Constitution: STANDING COMMITTEE REPORT NO. 57 ARTICLE Your Committee on Miscellaneous Matters begs leave to SECTION . State Seal. The seal of the Territory submit the following report of Hawaii, modified to bear the legend, ‘The State of Ha The Committee on Miscellaneous Matters was composed waii,” followed by the year in which Hawaii shall become a of the following nine members: Takao Yamauchi, Chairman, state, shall be the great seal of this State. The great seal George Dowson, Vice-Chairman, Samuel K. Apoliona, Sr., shall be kept by the Governor and used by him. Teruo Ihara, Kazuo Kage, Masao Kanemaru, H. S. Kawakami S. B. Phillips, W. 0. Smith. STANDING COMMITTEE REPORT NO. 56 During several of the committee meetings, we also had present one or more guest delegates. Your Committee on Miscellaneous Matters to which was A subcommittee composed of the following delegates referred Proposal No. 125, relating to the Boundaries of the considered proposals on Civil Service and submitted its re State of Hawaii, begs leave to report as follows: port to the full C ommittee on Miscellaneous Matters: STANDING COMMITTEE REPORT NO. 58 209 George Dowson, Vice-Chairman, Kazuo Kage, Masao Kane COMMITTEE PROPOSAL NO. 16 maru, H. S. Kawakami, W. 0. Smith. RELATING TO CIVIL SERVICE The following proposals were considered by the sub committee and the Committee on Miscellaneous Matters: RESOLVED, that the following be agreed upon as part No. 72; relating to civil service employment, retention and of the State Constitution: advancement; No. 123; relating to civil service. ARTICLE The content of each of the two proposals was studied and incorporated in principle with the deletion of details which SECTION . The employment of persons in the state a large majority of the committee thought was statutory in civil servic iiidefined by law, shall be governed by the nature. merit principle. Your Committee, therefore, recommends that Proposals Nos. 72 and 123 be returned and placed on file. STANDING COMMITTEE REPORT NO. 58 Your Committee considered civil service matters at eight meetings participated in by all members present and Your Committee on Miscellaneous Matters begs leave frequently by guest delegates. to report relating to Intergovernmental Relations in Pro The following interested citizens were asked to present posal No. 101 and Proposal No. 130. their views before the committee: Dr. Allan F. Saunders, Your Committee has approved a report of a subcommittee Chairman of the Department of Government, University of which subcommittee was composed of the following members: Hawaii; Dr. Edmond Spellacy, Professor of Government, Masao Kanemaru, Chairman, Kazuo Kage, John R. Phillips, University of Hawaii; Dr. Harold S. Roberts, Dean of the and W. 0. Smith. College of Business Administration, University of Hawaii, The members of this subcommittee have been fortunate (Delegate to Constitutional Convention); Mr. Arthur Akina, in having the following qualified and experienced men who Director of Personnel Territorial Civil Service Com aided in the discussion. One or more of them were present mission; Mr. D. Ransom Sherretz, Director of Personnel at every meeting. They were: Delegate 3. Garner Anthony, and Classification, City and County Civil Service Com Attorney at Law; Delegate Hebden Porteus, Attorney at Law; mission; Mrs. Dorothea Lambert, Administrative assistant Delegate Tom T. Okino, Attorney at Law; Mr. Charles R. of the Hawail Governmental Employees’ Association; Mr. Kendall, Executive Secretary Hawaiian Governmental Samuel Lyman, Classification Executive, Territorial Civil Employees’ Association; Dr. Allan F. Saunders, Professor Service Commission; Mr. Charles Kendall, Executive Di of Government, University of Hawaii; Dr. Harold S. Roberts, rector, Hawaii Governmental Employees’ Association. Delegate, Professor, University of Hawaii; Dr. Seldon Gale The Committee on Miscellaneous Matters presents for Lowrie, Professor of Political Science, University of Cin your consideration, the following committee proposal: cinnati; Mr. M. Watanabe, Attorney General’s Office; officials of the Legislative Reference Bureau. The employment of persons in the state civil service as Proposal No. 101 dealt with the cooperation of the state defined by law shall be governed by the merit principle. with other states. Proposal No. 130 dealt with the cooperation of the Feder 1. The word “employment,” as used in this section, al Government with the state, cooperation between states, means the recruitment, advancement and retention of per cooperation between the Federal Government, the states sonnel in the state service. and its political subdivisions, and finally the consolidation 2. The words “state civil service,” as used in this sec and cooperation of local units. tion, means all state employees other than school teachers, The subcommittee after due consideration and study members of the faculty of the University of Hawaii, elective accepted Proposal No. 130 in substance. officials, cabinet members of the governor, and those ex Proposal No. 101 pertaining to the cooperation on the pressly excluded or who may subsequentiy be excluded part of the state with other states was similar to Section 2 therefrom by the legislature. of Proposal No. 130. Therefore, it was duly considered and 3. The words “as defined by law,” includes existing laws recommended that it be returned and filed. not inconsistent with the provisions of the constitution and The subcommittee felt that Proposal No. 130 was too such future laws that the legislature may enact giving effect long and condensed it from four sections into two sections. to this principle. C ondensed Version: 4. The words “merit principle,” as used in this section, means a law which provides for the employment, retention, SECTION 1. Inter Federal-State and Inter State Re and advancement of persons in the civil service of the state lations. The legislature may provide by law for coopera tion with the United States, or with other states and or of the several counties and cities. It includes among territories, in all matters affecting the public health, other things the following: personal character, fitness and competence, without regard to political, religious or racial safety, and general welfare. considerations. —June 9, 1950 SECTION 2. Cooperation of Governmental Units. Agreements may be made by any county, city or other Takao Yamauc hi, Teruo Ihara civil division with any other such civil division or with Chairman Kazuo Kage the state, or with the United States for a cooperative or George Dowson, Masao Kanemaru joint administration of any of its functions or powers, Vice-Chairman H. S. Kawakami and the legislature shall have the power to facilitate Samuel K. Apoliona, Jr. John R. Phillips such arrangements. W. 0. Smith Sections 1 and 2 of Proposal No. 130 dealt with the coop eration of the Federal Government and the state, and the state with other states. These two sections were incorpo rated into Section 1 of the condensed version. Section 3 was unchanged. 210 JOURNAL DOCUMENTS Section 4 was deleted since Hawaii did not have civil Your Committee is in full accord with Res. No. 31 divisions which needed consolidation. that on such an historic occasion it is most appropriate Striving for clarity and briefness, the final draft was that a day be proclaimed for the celebration, remembrance adopted. and observance of this event. Intergovernmental Relations Your Committee, however, is in unanimous agreement that the request to set aside a day as “Statehood Day” be The legislature may provide for cooperation with left in the jurisdiction of our legislature. the United States, or other states and territories, and Accordingly, your Committee has amended said resolu their political subdivisions in all matters affecting the tion in the form hereto attached, (Resolution No. 59, RD 1) public health, safety, and general welfare, and may and in such form recommends its adoption. —June 9, 1950 appropriate such sums as may be necessary to finance its fair share of the cost of such activities. Takao Yamauchi, Teruo Ihara Chairman Kazuo Kage The words “political subdivisions” were inserted to George Dowson, Masao Kanemaru take care of the lesser governmental units. Vice-Chairman H. S. Kawakami The phrase “and may appropriate such sums as may Samuel K. Apoliona, Jr. John R. Phillips be necessary to finance its fair share of the cost of such W. 0. Smith activities”was added to prevent any obstacle to arise if and when intergovernmental relations were necessary and promoted. STANDING COMMITTEE REPORT NO. 60 There is little reference to intergovernmental relations to be found in existing state constitutions. Recent develop Your Committee on Miscellaneous Matters to which was ments have clearly indicated the desirability—indeed, the referred Proposal No. 85, entitled “A Proposal Relating to necessity—of such provisions, for the states now have im the State Song for HawaII,” begs leave to report as follows: portant relations with the Federal Government on the one Proposal No. 85 provides for the adoption of “Hawaii hand, with their own local units on the other, and with each Ponoi” as the State Song and that It be provided for in the other. The questions which arise in this field are so Constitution. numerous and are frequently so pressing that provision Previous to the referral of Proposal No. 85, Res. No. 29 should be made in advance to insure the constitionality of was referred to this Committee. Res. No. 29 recommended such measures as may be thought necessary by responsible that this Convention request the Legislature to adopt certain legislative and executive officers in dealing with them. heraldic symbols which includes the song “Hawaii Ponoi.” (W. Brooke Graves, last paragraph). Your Committee considered and adopted Res. No. 29. Your Committee on Miscellaneous Matters after care In our deliberations on Res. No. 29, the Committee con ful deliberation of the report of the subcommittee is in sidered the question raised by Proposal No. 85. full accord with the Committee Proposal and recommends Your Committee, therefore, returns Proposal No. 85, its adoption. —June 9, 1950 and respectfully requests that it be placed on file. Takao Yamauchi, Teruo Ihara —June 9, 1950 Chairman Kazuo Kage Takao Yamauchi, Teruo Ihara George Dowson, Masao Kanemaru Chairman Kazuo Kage Vice-Chairman H. S. Kawakami George Dowson, Masao Kanemaru Samuel K. Apoliona, Jr. John R. Phillips Vice-Chairman H. S. Kawakami W. 0. Smith Samuel K. Apoliona, Jr. W. 0. Smith COMWTTEE PROPOSAL NO. 17 STANDING COMMITTEE REPORT NO. 61 RELATING TO INTERGOVERNMENTAL RELATIONS Your Committee on Miscellaneous Matters to which was RESOLVED, that the following be agreed upon as part referred Proposal No. 192, “Relating to Weights and of the State Constitution: Measures,” begs leave to report as follows: It was unanimously agreed by your Committee that the ARTICLE subject of Proposal No. 192 is a legislative matter and that SECTION . The legislature may provide for coop it should not be a part of this Constitution. eration with tiiiUnited States, or other states and terri Your Committee, therefore, returns Proposal No. 192, tories, and its political subdivisions in all matters affect with the recommendation that it be placed on file. ing the public health, safety, and general welfare, and —June 9, 1950 may appropriate such sums as may be necessary to f i Takao Yamauchi, Teruo Ihara nance its fair share of the cost of such activities. Chairman Kazuo Kage George Dowson, - Masao Kanemaru STANDING COMMITTEE REPORT NO. 59 Vice-Chairman H. S. Kawakami Samuel K. Apoliona, Jr. John Phillips Your Committee on Miscellaneous Matters to which W. 0. Smith was referred Res. No. 31, relating to “Statehood Day,” begs leave to report as follows: STANDING COMMITTEE REPORT NO. 62 That Res. No. 31 be amended. That this Convention request the Governor of the Territory of Hawaii to pro Your Committee on Miscellaneous Matters to which was claim Statehood Day upon the Congress of United States referred Proposal No. 100, relating to Distribution of Pow granting statehood to Hawaii, instead of requesting that ers of the three brances of government, begs leave to re a day be set aside as “Statehood Day.” port as follows: STANDING COMMITTEE REPORT NO. 64 211 A subcommittee was appointed to explore into this sub intent of this committee that due to some religious sects ject and make a report of its findings. These are the find not permitting subscribing or swearing to an oath that ings: affirmation and subscribing be sufficient. The phrase “Legislature may prescribe further oaths 1. It is traditional and basic that the three branches of or affirmations” is meant to permit the legislature to pre government have separate powers, and that there be no over- scribe other oaths or affirmations and that the legislature concentration of powers in any one branch. This is to pre serve the principle of check and balance which in the very is not prevented from making further requirements not inconsistent with the Constitution. essence of our representative form of government; that Your committee recommends its adoption.—June 9, 1950 these powers so delegated be distinct and not over -lapping insofar as practicable. Takao Yamauchi, Teruo Ihara 2. The separation of these powers would provide for Chairman Kazuo Kage independence of each branch of government. George Dowson, Masao Kanemaru 3. That in the event such functions as necessary be Vice-C hairman H. S. Kawakami granted a branch of government, in principle not its own, Samuel K. Apollona, Jr. John R. Phillips such powers should be so expressed in the Constitution. W. 0. Smith Your Committee on Miscellaneous Matters is in full accord with the subcommittee’s findings and recommends COMMITTEE PROPOSAL NO. 19 the adoption of this committee proposal, [Committee Pro RELATING TO OATH OF OFFICE posal No. 18, following]. Your Committee requests that this article be a part of RESOLVED, that the following be agreed upon as part of this Constitution under a separate tile entitled: “Distribu the State Constitution: tion of Powers.” ARTICLE Inasmuch as Proposal No. 100 in identical in substance, your Committee respectfully requests that it be placed on SECTION . Oath of Office. All public officers shall, file. —June 9, 1950 before enter1S~Vpon the duties of their respective offices, take and subscribe to the following oath or affirmation: “I. Takao Yamauchi, Teruo Ihara do solemnly swear (or affirm) that I will support and defend Chairman Kazuo Kage the constitution of the United States, and the constitution of George Dowson, Masao Kanemaru the State of Hawaii, and that I will faithfully discharge the Vice-Chairman H. S. Kawakami duties of the office of to the best of my Samuel K. Apollona, Sr. John R. Phillips ability.” The Legislature may prescribe further oaths or W. 0. Smith affirmations. COMMITTEE PROPOSAL NO. 18 STANDING COMMITTEE REPORT NO. 64 RELATING TO DISTRIBUTION OF POWERS RESOLVED, that the following be agreed upon as part Your Committee on Miscellaneous Matters to which was of the State Constitution: referred the proposals on the Preamble of the future State of Hawaii begs leave to report as follows: ARTICLE. DISTRIBUTION OF POWERS A Subcommittee on the Preamble was created to explore SECTION . The powers of government shall be into this subject and make a report thereto. divided into three separate and distinct departments, The Subcommittee on the Preamble was composed of the legislative, executive and judicial; and no person or per following members: Sohn R. Phillips, Samuel K. Apoliona, sons belonging to or constituting one of these departments Jr., Teruo Ihara, Kazuo Kage, and W. 0. Smith. shall exercise any of the powers properly belonging to The following proposals were received and considered either of the departments, except as otherwise expressly by this Subcommittee: directed or permitted in the Constitution. No. 11. Provides for a preamble to the C onstitution ex pressing, in the words of Kamehameha I, reverence to God STANDING COMMITTEE REPORT NO. 63 and respect for all men. No. 39. Provides constitutional preamble embodying Your Committee on Miscellaneous Matters submits acknowledgment of gratefuiness to God for freedom and herewith a Committee Proposal “Relating to Oath of justice, freedom from harm as proclaimed by Kamehameha Office” for your consideration: [Committee Proposal No. I, and ordains the constitution in order to insure justice, 19, following, was set forth here]. general welfare, liberty and freedom. It is the contention of your committee that an oath or No. 61. Proposes following preamble: affirmation to support the Constitution of the United States We, the people of Hawaii, grateful to the Almighty for and of this State is vitally necessary before any officer of our freedom, to secure that freedom and to promote our this State or its political subdivision assume his duties. common welfare, do establish this Constitution. As relating to this proposal the phrase “all public off i cers” applies to political, as well as executive or judicial No. 88. Contains provisions relating to the Preamble, officers of this State, to officers of the polltical sub Bill of Rights, Suffrage and Elections, Legislative, Execu division, i.e., counties, city and counties, municipalities tive, Judiciary, Finance, Local Government, Public Edu or other subdivisions of this State, and to all employees cation, General Matters, and Constitutional Revision, many therein. of which have previously been introduced. Preamble identi The phrase “take and subscribe to the following oath or cal with Proposal No. ii. affirmation” is meant that either to swear to an oath or No. 132. Provides for a constitutional preamble embody affirm to the belief and to subscribe therewith. It is the ing acknowledgment of gratefu]ness to the Divine Providence 212 JOURNAL DOCUMENTS for privileges under a democratic government and with III. WHAT THE PREAMBLE MEANS TO A CONSTITUTION: pride of our heritage, ordain and establish the constitution. A. It is consulted by the courts to determine the inter No. 166. Suggested preamble to constitution. est of the constituent body. However, ft cannot ex Nos. 171-173. Alternative suggested preambles to the pand or contract the scope of an act. constitution. B. It must not be placed alter the enacting clause as ft The proposals were received by the Subcommittee and is then “embalmed” in the permanent law. the following disposition is recommended to the Committee: IV. AMERICAN IDEALS OF GOVERNMENT: It was determined that the proposed preambles were in dividual units that could not be changed without destroying (These are reiterated here as a check list for identi their unity or continuity. In addition, each approach in fying the “objectives” that are to be set forth in the corporated a theme that would be destroyed if tampered preamble.) with. 1. A constftutional democracy. The Subcommittee finally directed its Chairman to con 2. That control of the polftically organised com fer with the delegates who submitted the proposals for the munfties be centered in the community or unft purpose of blending the ideas incorporated all into one main of organization. theme. 3. As a corollary to (2) above, a federal system of Your Chairman attempted to do this but met with littie polity. success. A preamble was then arbitrarily deduced from the 4. Supreme law of the land rests in a wrftten con apparent intent of all those submitted and presented to the stitution. delegates who composed them. It cannot be said that we 5. Individual rights guaranteed in the constitution. ever found mutual agreement in all phrases because it was 6. A settled doctrine that no one is above the law. almost impossible to assemble them, due to their work 7. A deep-seated repugnance to the deposfting of load on other committees or in the Convention. unlimited governmental power anywhere, or in any one (i.e., checks and balances). The following preamble is this Subcommittee’s attempt at bringing Proposals Nos. 11, 39, 61, 88, 166, 171, 172, V. WHAT ARE THE OBJECTIVES OF THE FUTURE and 173 into a unified whole. (See Subcommittee’s recom HAWAIIAN STATE IN THE LIGHT OF: mended preamble attached hereto.) 1. Hawaii’s terrftorial history under the Organic In the course of the Subcommittee’s three meetings Act. totaling approximately five hours, two were devoted to 2. American ideals of C onstitutional Government. agreeing on objectives and collecting research material. 3. The sovereignty we create in the opening state Reference materials: ments of our preamble. A. Importance of such identification in a preamble. Texts: The Legislative Processes—Harvey Walker. The Constitution of the United States with Comment and 1. Identifying the objectives in a preamble informs Explanation—Alvin M. Higgins. The Spoken Word— every cftizen why he has a court. William Brigance. The Hawaiian Kingdom—Ralph S. 2. The absence of a preamble, or one too concise Kuykendall. in stating general aims and objectives, forces Journals: The American Journal of Speech (quarterly). the legislature to enact its laws without a clear Ethics, A Journal of Political and Social Ethics (quarterly). concept of the aims of the State. Vital Speeches (semi-monthly). 3. Lack of such true identification permits of (1) a meandering and diversion in administration and The Subcommittee arrived at, and agreed upon, the practice; and (2) incessant confusion on what is following outiined approach to establishing a Preamble for to be a basis of interpretation. the document: 4. The American variety of polltical principles I. THAT THE PREAMBLE, IN A WORD, MUST SET has developed an anatomy that is best under FORTH: The Objects for Which the Document Is Established. stood when studied in fts generic identifications. More specifically, the preamble would: B. Summary and suggested approach. 1. Cite the conditions which gave rise to the body 1. Reiterate the objectives and aims of territorial of law. government under the Organic Act and before, 2. Cite the purposes that the constitution has been if feasible. designed to serve. a. Are these the aims of the future State? 3. Cite reasons which impelled the constituent b. Are these aims comparable or identical to body to take the action contained in the docu the aims of other state governments? ment. 2. Base all major considerations of objectives or U. FORM OF A PREAMBLE: aims on Hawail’s unique and heterogenous racial population; i.e., East-West large scale mingling A. Those of the Revolutionary Period. for the 1st time in history. 1. They set forth the objects of Government 3. Proclaim the total sovereignty of the State 2. They set forth the philosophical principles on (unique to territories just entering the Union) which the body of law was based. and important because we 4. Refer to the Creator to invoke spiritual sanction. B. Those of the Present Day. 5. Inspect Hawaiian native government objectives 1. In general, follow the old pattern. for possible inclusion in the inimitable and es 2. Many set forth a simple declaratory statement. tablished American principles of democracy. STANDING COMMITTEE REPORT NO. 64 213 VI. OF WHAT VALUE IS THE PREAMBLE TO THE This phrase has been incorporated in the Subcommittee’s CONVENTION’S IMMEDIATE OBJECTIVE: recommendation under the generic classification “Hawaiian Traditions.” A. At least three major functions. in order to insure justice to all, promote the general 1. Its effect upon the electorate. welfare, and secure the blessings of liberty and freedom a. It will be the first thing everyone reads. The to ourselves and our posterity, do ordain and establish electorate may ratify the document solely on the this C onstitution. impression they get from the preamble. A very small minority will bother to go through the Again the Subcommittee has thought to include this re document. iteration of the principles individually under the generic b. If properly done, it is capable of inspiring classification “constitutional government” enthusiasm in the aims of our future state. It can be seen here that both Proposals Nos. 11 and 39 2. Its effects upon the U.S. Congress and the above are adequately represented in the combined Sub American Public. committee’s preamble, which is submitted herewith. a. American democracy has shifted and de No. 61 was placed on file by the motion and unanimous veloped; this offers the convention a golden approval of the Subcommittee because it did not embody opportunity to re-identify American State de any main idea or new approach that had not been adequately mocracy as it is rather than as it was. covered in any one of the other proposals. b. The value of first impression; the preamble, No. 132. if inspirational, enthusiastic, terse, yet measured, realistic, and forceful, will assure the Grateful to Divine Providence for the privilege of American people that we know what we’re about. democratic government 3. Its effect upon the Convention. The Subcommittee was able to determine that demo a. It is logical that the aims set forth in the cratic government is not a privilege to the people, in that preamble should be the recipe and blue print “privilege” is a term used in the feudal period by kings. for every provision that is placed in the docu In other words, kings granted privileges to their subjects; ment. democratic government, on the other hand, places sover eignty in the people. Disposition of the Proposals The phrase “grateful to Divine Providence” is more in No. 11. keeping with the Subcommittee’s desire to have reference to the Deity included in the preamble. Therefore, it was We, the people of Hawaii, in organizing as a State do incorporated in the Subcommittee’s recommended pre affirm our bellef in a government for, of and by all the amble, which is herewith being placed before the Committee people, for approval. This math idea was incorporated wholly with modified under the aegis of the American flag, with pride in our languge. heritage which and do express in the words of Kamehameha I our rever The analogy drawn here would, in the main, be obscure ence to God, also our respect for the big man, the small to most Qf the people and inherently it is doubtful that the man, the aged man, the women and the children who may American flag could be considered as a shield, although ever walk the highways or sleep by the wayside without the meaning is understood by the Subcommittee that they molestation. were not certain that it would convey a simple, direct This math thought is embodied totally in the succinct meaning into the preamble. Therefore, this phrase is not phrase “Hawaiian Traditions” in the Subcommittee’s included in the Subcommittee’s recommended preamble. recommended preamble. under Kingdom, Republic, and Territorial status has We, therefore, with an understanding heart toward all made possible economic prosperity and harmonious the people of this earth relations among residents of widely differing ethnic origin, we do hereby ordain and establish a constitution This was believed to be at best a platitude without any for the State of Hawail. real bearing on why we are forming a State government. This is to say, it will accomplish little that can be used as The two phrases “economic prosperIty” and “ethnic an end and aim of government. origin” impressed the Subcommittee as having an obscurity No. 39. that would detract from the combined preambles founded in all the proposals. However, both these meanings have grateful to Almighty God for our Freedom found their way into the Subcommittee’s recommended pre In referring to the latest information in journals and amble. other reference material, the best minds advocated that No. 166. “grateful to God for our freedom” was not a correct phrase. We, the people, who are the supreme political authorfty This was on the premise that God creates man and man in the state of Hawaii creates his devices of government, and that God does not give us freedom any more than He gives slaves slavery. This is an attempt to establish immediately in the Pre The Committee had previously decided that references to amble the source of democratic government just as it is the divine C reator did not use the word “God” but any other frequently established in the first section of the Bill of generic classification, such as Creator, the Almight, etc. Rights. and mindful of the principles of justice, liberty and The rest of Proposal No. 166 has, in the main, found its freedom from harm proclaimed by that great law way under greatly reduced wording into the recommended giver, Kamehameha I. preamble of the Subcommittee. 214 JOURNAL DOCUMENTS Nos. 171, 172, and 173 contain essentially the same ARTICLE material as that found in Proposal No. 166, the only differ ence being in choice of words, phrasing, and in some SECTION . We, the people, of the State of Hawaii, grateful for flVIKe Guidance, and with pride in our Hawaii- instances an increase in length; but in no circumstances are they so much unalike that they would warrant individual an heritage, reaffirm our belief in a government of, for and comment. Of those four proposals, No. 173 was chosen by by the people do hereby ordain and establish this constitu tion for the State of Hawaii. the Subcommittee as being most representative of them all. Subcommittee Chairman in attempting to compile all the proposals used No. 173 as being representative of the four STANDING COMMITTEE REPORT NO. 65 proposals. After due consideration of the various proposals on the Your Committee on Miscellaneous Matters to which was preamble, the subcommittee submitted this preamble em referred Proposal No. 28, relating to equal rights of persons bodying the principle objectives that were cited in these of both sexes, begs leave to report as follows: preambles. Its emphases were placed on originality and Your Committee finds that Proposal No. 28 is identical “eye appeal.” [Centered lines in the original.J with Article X, Paragraph 4, of the New Jersey Constitution WE, THE PEOPLE / The Supreme Political Authority / and with Article XII of the Model State Constitution of the In Accordance With The American Principles Of Federal National Municipal League, which is based on the New ism / Proclaim Our Sovereignty And C reate This State Jersey provision. The proposal states: WE ARE GATHERED / From The Earth’s Every Corner When in this constitution the term “person,” “persons,” In Brotherhood And Unity / To Teach And Be Taught, Each “people,” or any personal pronoun is used, the same By The Other / The Blessings And Burdens Of Our Benign shall be intended to include both sexes. Democracy The intent of this provision is to guarantee that all pro WE SHALL EVER / Be Grateful To Our Creator, Per tections, responsibilities and mandates established by this petuate Our Hawaiian Traditions / Defend Our Constitution Constitution shall apply equally to both sexes. Adoption of al Rule, And Follow The American Way / Of Liberty, this provision would preclude the necessity of spelling out Justice, Equality, And Freedom in each section of the Constitution where they may be used WE, THEREFORE, DO / In Solemn Mutual Trust, Ordain that the terms “he,” “person,” “persons,” “people,” etc., And Establish / This Declaration Of Rights And Frame Of are intended to include members of either sex. Government / As The C onstitution Of Our Beloved State Of It may be noted that a guarantee of equality of treatment Hawaii of both sexes with respect to civil and political rights is Your Committee on Miscellaneous Matters is of the required under H. R. 49. This guarantee, with respect to opinion that the preamble should be simplified in language civil rights, is made under Section 6 of the Bill of Rights understandable to a vast majority of the people, even to the which has been proposed to this Convention. Equality of extent that our school children may readily acquire it, treatment, with respect to political rights and duties under however, not losing sight of the basic elements and object our Constitution, would in turn be advanced by incorporation ives for which the preamble stands. of the subject proposal, which is attached to this report. The preamble that is submitted for your consideration Your Committee therefore recommends the adoptionof is as follows: [Committee Proposal No. 20 was set forth this Committee Proposal.—June 9, 1950 here.] The intent of this Committee is to include the Takao Yamauchi, Teruo Ihara following basic objectives: Chairman W. 0. Smith 1. We, the people, are the sovereign political authority George Dowson, H. S. Kawakami of this state as granted under our democratic govern Vice-Chairman Samuel K. Apoliona, Jr. ment. Kazuo Kage 2. That we are grateful to our Creator for His guidance. 3. That we are proud of our Hawaiian heritage and COMMITTEE PROPOSAL NO. 21 traditions and we aim to perpetuate them as a state of the Union. RELATING TO EQUAL RIGHTS 4. That we believe in a government of the people, by the people and for the people. RESOLVED, that the following be agreed upon as part of the State Constitution: Your Committee recommends that this committee proposal be adopted. —June 9, 1950 ARTICLE Takao Yamauchi, John R. Phillips SECTION . Whenever in this constitution term Chairman W. 0. Smith “person,” “~F~6iis,” “people,” or any personal pronoun is George Dowson, Samuel K. Apoliona, Jr. used, the same shall be interpreted [sic] to include persons Vice-Chairman Teruo Ihara of both sexes. H. S. Kawakami Kazuo Kage STANDING COMMITTEE REPORT NO. 66 COMMITTEE PROPOSAL NO. 20 Your Committee on Miscellaneous Matters was com RELATING TO THE PREAMBLE posed of the following nine members: Takao Yamauchi, Chairman, George Dowson, Vice-Chairman, Samuel K. RESOLVED, that the following be agreed upon as part of Apoliona, Jr., Teruo Ihara, Kazuo Kage, Masao Kanemaru, the State Constitution: H. S. Kawakami, John R. Phillips, and William 0. Smith. STANDING COMMITTEE REPORT NO. 67 215 Your Committee was presented with 23 proposals, five (1) Preamble, (2) State Flag, (3) State Seal, (4) State resolutions, and one Misc. Corn. No. 26; they are classified Capital, (5) Civil Service, (6) Equal Rights, (7) State as follows: Boundaries, (8) DistrIbution of Governmental Powers, (9) Intergovernmental Relations and (10) Oath of Office. Proposals: After careful consideration and deliberations on all of a. Relating to the Preamble for the State of Hawaii, Nos. the proposals, resolutions and communications, the subjects 11, 39, 61, 88, 132, 166, 171, 172, 173, 174 were in substance incorporated in the committee proposal, b. Relating to State Flag, Nos. 55, 193 and therefore these proposals and resolutions were recom c. Relating to State Seal, No. 56 mended to be placed on file. d. Relating to State Capitol, No. 65 Proposal No. 85 relating to the State Song has been e. Relating to Civil Service, Nos. 72, 123 recommended to be placed on file as action was taken by f. Relating to Equal Rights, No. 28 this committee on Res. No. 29 which, in part, relates to the g. Relating to State Boundaries, No. 125 same subject. h. Relating to Distribution of Governmental Powers, No. 100 Proposal No. 192 relating to Weights and Measures was i. Relating to Intergovernmental Relations, Nos. 101, 130 recommended to be placed on file as the committee be j. Relating to State Song, No. 85 lieves it is a statutory matter. k. Relating to Weights and Measures, No. 192 Res. No. 31 relating to Statehood Day, was amended, and recommended for adoption, as amended. Resolutions: Misc. Corn. No. 26 was referred to the Committee on No. 15. Locating of the capital of the future State of Hawaii Ordinance and Continuity of Law. on an island within this htate other than Oahu. Res. No. 32 endorsing National Boys’ and Girls’ Week No. 23. Locating of the capital of the State of Hawaii on the from April 29, 1950 to May 6, 1950 was adopted by this island of Oahu. Convention. —June 9, 1950 No. 29. Requesting the legislature to adopt the following Takao Yamauchi, Samuel K. Apoliona, Jr. heraldic symbols for the State of Hawaii, official Chairman Teruo Ihara flag, motto, official seal, official song, official flower, state colors, official birthstone. George Dowson, Kazuo Kage No. 31. Requesting Governor to set aside as a legal holiday Vice-Chairman H. S. Kawakami “Statehood Day.” W. 0. Smith No. 32. Requesting Constitutional Convention to go on record as officially endorsing “National Boys’ and STANDING COMMITTEE REPORT NO. 67 Girls’ Week” from April 29th to May 6, 1950. Misc. Corn. No. 26: Resolution from VFW, Post No. Your Committee on Executive Powers and Functions 1540, requesting the outlawing of the Communist Party presents herewith its report and its Committee Proposal or any organization dedicated to the overthrow of our on its assigned subject. government by force and violence. Your Committee has held 28 meetings and in its de This Committee has been presented with proposals and liberations has considered the provisions of model state resolutions on varied, unrelated subject matters. To ex constitutions, the Constitution of New Jersey which was pedite the work, subcommittees were created to explore recently revised, the 1950 Report of the Connecticut “Com into the various subjects that were assigned to them and to mission on State Government Organization” and other have them report on their research and findings and to studies which show the modern trend of thinking on the make recommendations thereon. organization of the executive branch of the government. Number of Meetings: The Committee on Miscellaneous The fundamental principle upon which your Committee Matters held seventeen meetings usually from one-hall to Proposal was drafted is that of concentration of executive two-hour duration. The various subcommittees have met power in the Governor, which would give the best govern on frequent occasions. Individuals and representatives of ment. Consistent with this principle, your C ommittee various organizations and government appeared before the Proposal provides for the election of only the Governor and committee and subcommittees. Among those were: Mr. Lieutenant Governor and for the appointment of principal Arthur Akina, Director of Civil Service, Territory of Ha department heads to serve at the pleasure of the Governor. waii; Mr. T. Y. Awana, Territorial Surveyor’s Office; Mr. There shall then be a short ballot. The principle is com James Dunn, Territorial Surveyor’s Office; Mr. Rod Gudgel, parable to that found in the management of corporate enter Assistant Research Director, Legislative Holdover Commit prises. Its advantages may be summed up in the statement tee; Mr. Herbert Hiroshige, Farm Bureau Representative; that, in concentrating executive power, it fixes responsibili Mr. Charles Kendall, Executive Secretary, HGEA; Mrs. ty for the efficient conduct of governmental affairs and en Dorothea Lambert, Administrative Assistant, HGEA; Mr. ables the electorate to judge the merits of the administra Samuel Lyman, Personnel Executive, Civil Service Corn - tion. mission; Dr. Edmund Spellacy, Professor of Government, Your Committee has subscribed, by and large, to the University of Hawaii; Mr. Robert Kamins, Legislative Re principle that a constitution should state only basic funda ference Bureau; Mr. Robert Dodge, Legislative Reference mentals, and that many desirable matters, for which there Bureau; Miss Rhoda Lewis, Deputy Attorney General; and is strong temptation to make constitutional provisions, Mr. Michiro Watanabe, Deputy Attorney General. should be left open for legislative treatment as future con In addition, the following delegates of the Convention ditions may require. Your Committee believes that it is were requested to present their views on the subjects under only through such delegation to the Legislature that the discussion: Nils P. Larsen, Harold Roberts, J. Garner flexibility necessary to keep government in step with eco Anthony, and D. Hebden Porteus. nomic and social development is possible. By separate committee reports this Committee has sub The ten sections contained in the Committee Proposal, mitted for your consideration ten committee proposals on hereto attached, will be briefly discussed. 216 JOURNAL DOCUMENTS Words in the masculine gender signify both the masculine Manual on State C onstitutional Provisions, the prevalent and feminine gender. residence requirement is five years. Your Committee agreed to adopt the five-year requirement. Section 1 deals with the establishment of the executive. The provision restraining the Governor from holding any The provision, ‘The executive power shall be vested in other office or employment, of profit, is found in the consti the Governor,” is to be found in the Constitution of the United States and of each of the 48 States, in Section 66 of tution of 16 states. The Governor should not be a member our Organic Act and in Article V, Section 500 of the Model of the State Legislature, an employee of the State or Federal Government, etc., while serving as Governor and should de State Constitution. The expression ‘executive power,” has vote his entire attention to the duties of his office. been defined to mean ‘the power to execute the laws.” [State v. Hyde, 22 N.E. 644, 648 (md. 1889); Tucker v. State, Under the provision set forth in the last paragraph of 35 N.E. (2d) 270, 291 (md. 1941); Meyers v. U.S. 272 U.S. Section 1, a person holding any other office under the State 52, 117 (1926).] or United States could seek election to the office of Gover The second paragraph of said Section 1 provides for the nor but would be required to resign such other office before election of the Governor by the legally qualified voters. At qualifying as Governor. C onversely, the Governor would be present, the Governor of the Territory of Hawaii is appoint eligible to seek other office or employment under the State ed by the President of the United States with the advice and or United States but would cease to be Governor on engag consent of the Senate of the United States (Section 66, ing in the duties of the other office or employment. Organic Act). In all 48 States the Governor is elected by In a majority of states todays, the Governor shares his popular vote. Your Committee, therefore, adopted the executive authority with five or six other constitutional traditional practice. No provision specifying the qualifica officers for whose actions he is generally held publicly tions of a voter is included herein for the reason that your responsible, but over whom he has little control because Committee has been advised by the Committee on Suffrage they are either elected by popular vote or by the Legislature. and Elections that this subject will be fully covered in its In the early 1920’s leaders in many states realized that state C ommittee Proposal. administrations were badly organized and could not cope In case of a tie vote or a contested election, the selection with growing state problems. As a consequence, reorgani of a Governor shall be determined in such manner as may zation plans were widely adopted. New Jersey, New York be provided by law. It was agreed by the Committee that the and Virginia are the principal examples of states which ratified constitutional amendmentu needed to eliminate the manner of deciding a tie vote or a contested election is a long ballot of elected officials and open the way for state statutory matter, (refer to Sections 173, 277 and 280, R.L.H. wide reorganization. The trend toward greater integration 1945, as amended), and that the State would incur addftional in administration continued throughout the early 1930’s. expenses incidental to a special election. The Governor shall have a four-year term of office. A Since late 1930 several states, notably Georgia, Missouri, New Jersey and New York, have adopted new constitutions, four-year term is provided in 27 states and a two-year and Oklahoma and Idaho have made substantial changes in term in 21 states. Our Organic Act (Section 66) provides their executive article. Your Committee, following the for a four-year term. A four-year term rather than a two- trend, agreed that, in the executive branch, there should be year term gives the Governor greater opportunity to formu only two elected officials, namely, the Governor and the late and carry out a program. Ah election eyery two years Lieutenant Governor. is expensive and time consuming. No provision has been included to limit eligibility of a Section 2 provides for the office of Lieutenant Governor. Governor to succeed himself. The prohibition against re A Lieutenant Governor shall have the same qualifications election associated with the distrust of the Governor found as the Governor and he shall be elected at the same time, it early United States history is disappearing, and 27 states for the same term and in the same manner as the Governor. now have no restrictions against a Governor succeeding The office of Lieutenant Governor is one of the oldest in himself. Your Committee believes that the people of the American state government. Thirty-seven states provide State should be the jury to express their approval or dis for a Lieutenant Governor. In these states the office is approval of a Governor at the end of his term. There seems rooted in tradition and precedent. Moreover there is a to be no compelling reason why the people should restrict feeling that the man upon whom the duties of Governor may their choice. fall in case of death, resignation, etc., should be elected by Assuming that regular sessions of the Legislature will the people; therefore, the primary function of the Lieutenant be held in February, following the general election in Governor is to assume the office of Governor if it should November of the preceding year, your Committee agreed become vacant. that the term of the Governor should begin on the first Considering the fact that the Lieutenant Governor does Monday in December, thereby giving him time to work on not normally exercise any of the functions of the Governor’s and prepare his budget to the Legislature, meeting in office, except upon certain contingencies, your Committee February. No definite year for the first term of the Gover provided that ‘The Lieutenant Governor shall perform such nor has been provided for in this paragraph by your Com duties as may be prescribed by law or as may be delegated mittee, believing that a general provision relating thereto to him by the Governor.” will be expressly provided elsewhere in the Constitution. The office of Secretary of State, although it exists in all Paragraph 4 of said Section 1 provides for the following states, is no longer an important office. The Secretary in qualifications which a candidate for Governor must meet: usually the custodian of the great seal of the state and (a) the candidate for Governor must be a qualified voter, carries on correspondence with other states. He is entrust (b) 35 years of age, (c) a citizen of the United States for 20 ed with certain duties in connection with legislation and years and (d) must have resided in this State for five years elections. The duties of the office have come to be of such next preceding his election. a miscellaneous nature that it may almost be described as Section 66 of the Organic Act provides that the Governor a sort of scrap basket of governmental authority. Because shall be not less than 35 years of age and shall have resided the Lieutenant Governor has very little to do, your Commit in the Territory for at least three years. According to the tee recommends that the Legislature by law allocate the STANDING COMMITTEE REPORT NO. 67 217 usual duties of the Secretary, hereinabove mentioned, to the ness as the Governor may call to the attention of the Legis office of Lieutenant Governor. lature while in session. When the vote on the question whether or not there shall be a Lieutenant Governor was taken, there were twelve Section 8, empowers the Governor to grant reprieves Committee members present, of whom nine voted in the and pardons, after conviction, for all offenses except treason affirmative and three in the negative. On the next question, and cases of impeachment, subject to regulation by law. A whether or not said officer shall be elected by the people or similar provision is provided in the constitutions of 44 appointed by some other officer of the State, seven voted in states and in Section 66 of the Organic Act. the affirmative and five voted in the negative. Section 9 provides that the Governor shall be C ommander Section 3 deals with compensation for the Governor and in-Chief of the armed forces and shall have the right under Lieutenant Governor. certain conditions to call out the militia. In all 48 States The Federal salary of the Governor is now set at $15,000 the Governor is designated as the chief of the state militia. a year. The Legislature of the Territory has provided an A similar provision is made in Section 67 of the Organic additional sum to make it $16,000. Act. The salary of the Lieutenant Governor is set at $12,000 The Governor is further empowered to place the State or since the Secretary of the Territory is now receiving about any part thereof under martial law and suspend the privi $12,000. lege of the writ of habeas corpus. The purpose of providing said minimum salaries is to induce capable and well-qualified persons to seek the offices Section 10 deals with executive and administrative offices and departments. of Governor and Lieutenant Governor. At the outset it should be declared that said Section 10 Section 4 merely provides the order of succession to the incorporates paragraphs 1, 2 and 4, Section W, Article V governorship. of the New I ersey Constitution, with some modifications. The number of principal departments in the executive Section 5 charges the Governor with responsibility for branch shall be limited to not more than 20 and the Legis the proper execution of the laws. A similar provision is contained in the constitutions of 47 states and in Section 67 lature shall be required to allocate the existing depart ments, boards and other agencies among and within the of the Organic Act. As chief executive it would seem to 20 or less principal departments. follow that the Governor would be responsible for the pro Each principal department shall be headed by a single per execution of the laws; however, since such a provision executive unless otherwise provided by law. The Legisla is so generally stated in constitutions, it may well be in ture has the power to determine whether any principal de chided in the Hawaii State Constitution. partment shall be headed by a single executive or by a Section 6 imposes on the Governor the duty of reporting board or commission. This would permit existing boards to the Legislature at each session on the condition of the and commissions of control to continue as at present, as State and recommending for the consideration of the Legis the heads of those respective departments. lature such measures as he deems necessary. More than The Governor shall appoint, with the confirmation of the half of the states in the Union impose this duty on the senate, the heads of all principal departments, whether they Governor. Said Section also authorizes the Governor to be a single executive or a board or commission. Where a report similarly from time to time. board or commission heading a department is authorized by The duty to submit to the Legislature a budget setting law to appoint a principal executive officer, such appointee forth a complete plan of proposed expenditure and anticipat may be, ex officio, a voting member of the board or com ed income of all branches, departments and agencies of the mission. State for the next ensuing year or biennium was deleted The Governor’s power of removal of his subordinates from this Section upon the representation and assurance will be strengthened by requiring single executive heads of from the Chairman of the Finance and Taxation Committee principal departments to serve at the pleasure of the Gover that such a provision was included in the Proposal by the nor. Committee on Finance and Taxation. Your Committee on Your Committee has followed the principle that the Executive Powers and Functions will leave the matter of Governor should be strong in his branch of the government deciding where such a provision should be properly included but that he should be precluded from infringing upon the to the Committee on Style. other branches, for example, the power to remove members The second paragraph of this Section empowers the of the boards and commissions. The majority of your Com Governor to veto bills approved by the Legislature. Your mittee belleves that boards and commissions will not be Committee following the Organic Act (Sections 49, 50, 51) established by the Legislature unless the administration of agreed that said subject matter should be included in the these functions by a board or commission, such as the Article relating to the Legislative Branch of the govern Public Utilities C ommission, is regulatory or involved the ment. Accordingly, it has requested the Committee on Leg exercise of quasi-judicial or quasi-legislative powers. Any islative Powers and Functions to provide for thin function member, therefore, on any board or commission should not in its Committee Proposal and is merely making reference be removed by the Governor at his pleasure. Some llmi thereto. tations or restrictions on removal should be provided by law. Section 7 deals with the power of the Governor to call In this Section 10, there is the additional restriction up special sessions and to extend any regular or special on the Governor that all officers appointed under the pro session of the Legislature. All 48 States give the Governor visions of this Section shall be citizens of this State and power to convene extraordinary sessions of the Legislature. shall have resided therein for at least three years next During the extraordinary session, no business may be con preceding their appointment. sidered by the Legislatures of 18 states except that which The classical expression “by and with the advice and con the Governor has recommended. According to said Section sent of” has been modified by your Committee to simply “with 7, the Legislature shall transact such other legislative busi the confirmation of.” The purpose of this modification is to 218 JOURNAL DOCUMENTS give the Governor a greater latitude in making his appoint in the last two paragraphs of Section 10 of the attached ments. The senate still retains the power of confirmation. Proposal. Section 10 was not unanimously agreed on by the Com Your Committee recommends that the Proposal, attached mittee members. The minority reports, two or three in hereto, pass. —June 9, 1950 number, are attached hereto and made a part of this report by reference. Tom T. Okino, tKazuo Kage Chairman Charles E. Kauhane In view of the foregoing conclusions, your Committee *Frederick Ohrt, Katsumi Kometani reports, with respect to the Proposals referred to it, as Vice-Chairman Sohn K. Lai follows: “Randolph C rossley *W. Harold Loper Proposal No. 6, relating to government office or em Yasutaka Fukushima Richard S. Lyman, Jr. ployment, has been adopted in part. No person shall be Yames F. Gilliland Charles A. Rice appointed an officer under the provisions of Section 10 of Teruo Ihara Richard St. Sure this Committee Proposal unless such person is a citizen *Henry A. White of this State and shall have resided in this State for at 4(~ oncurrence subject to views expressed in minority least three years. Your C ommittee recommends that the remainder of this Proposal No. 6 be referred to the Com reports attached hereto. mittee on Miscellaneous Matters for the reason that the subject matter is related to Civil Service laws which are STANDING COMMITTEE REPORT NO. 67-A now under consideration of said Committee on Miscellaneous Matters. (See Section 72, R.L.H. 1945). The undersigned members of your Committee on Execu Proposal No. 20, pertaining to Lieutenant Governor, has tive Powers and Functions beg leave to submit this minority been incorporated in Sections 2 and 4 of the Proposal here report. to attached. We are in accord with the Committe&s report in all Proposal No. 21, entitled ‘The Governor,” has been in respects, but take exception to the Committee’s omission corporated in Sections 1, 3, 5, 8 and 9 of the Proposal here of provision for an administrative manager of state affairs to attached. and urge the inclusion of the section on this subject recom Proposal No. 22, entitled ‘Appointment, Removal and mended by the National Municipal League in its “Model Tenure of Department Heads and High Governmental Offi State Constitution.” cers,” has been adopted in part. Refer to Section 10 of the The proposed addition is, in our judgment, most im Proposal hereto attached. Your Committee has rejected portant. It recognizes the extent to which the business of the following portions of Proposal No. 22: government has advanced to a degree transcending old ideas of the responsibilities and functions of the Governor’s office. a. Portion’ enumerating the following officers: At The demands upon the Governor are such as to make it torney General, Treasurer, Commissioner of Publlc highly advisable that he be authorized to delegate any of Lands, Commissioner of Agriculture and Forestry, his powers in the manner described. Superintendent of Public Works, Auditor, Surveyor. The inclusion of the section in the Constitution would b. Portion empowering the Governor to suspend focus attention upon government as a profession and busi from office any such officers and to remove them from ness requireing the highest of standards in its administra from office by and with the consent of the senate. tion. Your Committee recommends that the last paragraph of Accordingly, we propose that the Committee’s report be Proposal No. 22, relating to continuity of incumbents in amended as follows: office until their successors are appointed and qualified, That there be inserted an additional section to read as be referred to the Committee on Ordinances and Continuity follows: of Laws. SECTION 11. [Administrative Manager.] The Proposal No. 30, relating to compensation of holders of Governor shall appoint an Administrative Manager of office established by the Constitution, be referred to the state affairs, whose term shall be indefinite at the plea Committee on Ordinances and Continuity of Laws. sure of the Governor. The Governor may delegate any or That portion of Proposal No. 88, entitled “The Executive,” aU of his administrative powers to the Administrative has been adopted in part This Proposal No. 88 insofar as Manager. The Administrative Manager shall be assisted it pertains to the executive branch of the government, is a by such aides as may be provided by law. —June 9, 1950 composite of Proposals Nos. 20, 21 and 22 introduced by the same Delegate. Frederick Ohrt Proposal No. 94, pertaining to the appointment of offi Kazuo Kage cers and members of County boards, commissions or other W. Harold Loper bodies, has been referred to the Committee on Local Government. Proposal No. 109, pertaining to Public Lands Commission STANDING COMMITTEE REPORT NO. 67-B has been rejected. Proposal No. 143, pertaining to executive power, has been I have signed the Committee Report with the reservation rejected. that I be allowed to make a minority report on Section 10 Proposal No. 145, relating to executive clemency, has which you have included therein. This reads as follows: been incorporated in Section 8 of the Proposal attached We deal in this section with administration, adjudication hereto. and advice, which have been much confused in traditional Proposal No. 169, relating to the Executive, has been practice in our Territorial government. This confusion has rejected. resulted in too many separate agencies, with too many ap Proposal No. 176, relating to power of appointment to pointive offices. It has resulted in a mingling of duties that fill vacancies—tenure of appointees, has been incorporated should be distinct. If the duties are sorted out and well de— STANDING COMMITTEE REPORT NO. 67-C 219 fined better management will follow. It follows that a chief stances where he actually assumes all of the Governor’s executive can more intelligently pick a smaller number to powers and duties and where he becomes Acting Governor serve on the remaining appointive offices. only on a temporary basis. This can be done in Section 4. Running an agency or a division within an agency is ad I therefore recommend that Section 3 be amended by chang ministration and includes hiring and supervising people, ing the period at the end of the first sentence to a comma deciding on programs and committing available funds. and adding the words, “except as provided in Section 4 This is the realm of management and good management re hereof,” and by deleting the last sentence thereof reading: quires that such administrative powers at each level in the “When the Lieutenant Governor succeeds to the office of organization should be in the hands of one man. This is in- Governor for the remainder of the term, the Lieutenant dispensable to clear responsibility. It is for this reason Governor shall receive the compensation for that office.” that a single executive for each department is recommended. As I read the first paragraph of Section 4, it fails to The same principle of clear responsibility and funda make a distinction between a temporary absence of the mental good management leads to the recommendation that Governor from the state and an absence more permanent in such a single executive shall serve without term and be ap nature. Consequently, the provision could be construed as pointed by the Governor without confirmation. stripping the Governor of all power while temporarily ab A different principle of organization should govern when sent from the state, even though he is absent on official departments or agencies in the executive branch are called business or authorized leave. I seriously question whether upon to determine private rights, to perform “quasi-ju this was intended and therefore believe, in the interest of dic ial” duties. This is adjudication, the application of the obviating misunderstanding and to take care of the situation law to a particular case or individual. The powers of ad referred to under Section 3, the first paragraph of Section judication are found in connection with the work of many 4 should be rewritten as follows: major departments. Determining the lawfulness of public Section 4. In case of the failure of the Governor to utility charges, revoking licenses and awarding compen qualify, or inability to discharge the powers and duties sation to claimants are common examples. It is sound of the office by removal from office or otherwise, or his management in such cases to vest significant powers of ad impeachment, the powers and duties of the office shall judication in boards rather than in single executives. devolve upon the Lieutenant Governor for the remainder Accordingly it is recommended that in each department of the term or until the disabillty be removed, and he or office where “quasi-judicial” functions are found an ad shall receive the compensation of that office during such ministrative adjudication board shall be established, com period. When the Governor Is temporarily absent from posed of five members to be appointed by the Governor and the state on official business or otherwise, then the Lieu confirmed by the Senate. Board members needed to sit on tenant Governor shall perform all of the functions of the a full term basis should be on an annual salary, and part- Governor within the state. time boards on a per diem basis, at rates of compensation to be set by the Legislature. As in the case of the Governor, I belleve the words “ab There is a great distinction between advisory boards and sence from this state,” in the second paragraph of Section adjudication boards and there is real virtue in having an ad 4 could be construed to mean that temporary absence of the visory board in connection with the work of single executives. Lieutenant Governor from the state would deprive him of An advisory board allows for fuller citizen participation in his powers, duties and salary, even though he may be on the affairs of the State government as well as securing official business or authorized leave. I am sure this was citizen advice of the problems of the single head of depart not intended and this defect could be rectified by changing ments. Accordingly it is recommended that where there is the wording of this paragraph to read as follows: no adjudication board there be an advisory board of five members to serve without compensation other than the During the temporary absence of the Lieutenant reimbursement of necessary expenses. Governor from the state on official business or on Each of the above boards shall choose its own chairman. authorized leave, the duties of such office may be —June 9. 1950 assigned by the Governor. In case of the failure of the Randolph Crossley Lieutenant Governor to qualify, or inability to discharge the powers and duties of the office by removal from office or otherwise, or his impeachment, the powers and STANDING COMMITTEE REPORT NO. 67-C duties of the office shall devolve upon such officers in Although I have signed the report of the Committee on such order of succession and in such manner as may be Executive Powers and Functions, to which is attached a provided by law. Proposal relating to the Executive, I have done so with the Section 6 provides for the power of veto as prescribed understanding that I would be permitted to file a minority in Article of this Constitution which refers to the report in connection with those sections of the proposal on Article oxft~Islative Powers and Functions. Under the which I am not in agreement, and therefore I beg leave to proposal covering Taxation and Finance, provision is made file this minority report as follows: for the item veto and therefore reference should be made My dissent applies to Sections 3, 4, 6, 8, 9 and 10 of the in Section 6 to this Article as well. proposal relating to the Executive. Section 8 as now written does not provide safeguards to As I read Section 3, the Lieutenant Governor would only prevent abuse of executive power. Certainly there is nothing be entitled to receive the compensation of the office of unreasonable in requiring the Governor to report to the Governor if he succeeded to that office for the remainder Legislature on all actions he has taken in granting reprieves of the term, and would not be so entitled if he served during and pardons. Furthermore, It seems reasonable to empower a disability of the Governor which might be for an extended the Governor to act in cases of treason and to remit fines period of time but less than the remainder of the term. and forfeitures under such regulation as may be prescribed Obviously, if he assumes ail the powers and duties of the by law, with the requirement that he make a report thereon Governor, he should receive his compensation. I therefore at the following session of the Legislature. There are believe that a distinction should be made between circum similar requirements in the constitutions of many states, 220 JOURNAL DOCUMENTS for instance in those of Colorado, Maine, North Carolina, should be removed during their terms only because of mis Oregon, South Carolina, South Dakota, Utah, Virginia, Wash feasance or malfeasance. ington, West Virginia and Michigan. The provisions set On the other hand, I feel that if the Chief Executive is to forth in Section 14 of Act V of the Constitution of Oregon be effective, he should have the power to remove, in his dis covers the subject fully and I recommend its substance be cretion, his appointees to purely administrative bodies. adopted in lieu of the proposed Section 8. This provision Otherwise, the legislature could, by placing all administra reads as follows: tive functions under Boards and Commissions, defeat the objective of a strong executive and create an undesirable Section 14. May Grant Reprieves, Pardons, Etc. He decentralization of government. shall have power to grant reprieves, commutations, and pardons, after conviction, for all offenses except treason, The Governor will be mindful of the fact that, in a ma subject to such regulations as may be provided by law. jority of cases, the senate must confirm the new nominee Upon conviction for treason he shall have power to sus to replace the one removed and this places a practical re pend the execution of the sentence until the case shall be straint upon any abuse of the power to remove. reported to the legislative assembly at its next meeting, In all cases, the Governor should be consulted by each of when the legislative assembly shall either grant a pardon, various Boards and Commissions as to the person it wishes commute the sentence, direct the execution of the to appoint as its principal executive officer, and who, once sentence, or grant a further reprieve. He shall have appointed, may be a voting member of the Commission—just power to remit fines and forfeitures, under such regula as the Governor is required to get confirmation of the senate tions as may be prescribed by law; and shall report to to many of his appointees, so should the Governor have the the legislative assembly, at its next meeting, each case authority to confirm, or reject, nominees of Commissions of reprieve, commutation, or pardon granted, and the and Boards which are appointed by him. reasons for granting same; and also the names of all Further, I believe that if we are to have a really efficient persons in whose favor remission of fines and forfeitures government, the Governor, whose responsibility it is to shall have been made, and the several amounts remitted. properly administer the affairs of the state, should have the authority to make changes in the administrative structure Section 9 provides that the Governor may, when the public and in the assignment of functions, subject to being modified safety requires, place the state or any part thereof under or disapproved by the legislature. martial law and suspend the privilege of the writ of habeas corpus. In order to be consistent with the provisions tenta In order to provide for the foregoing, I recommend the tively approved in Section 14 of the Bill of Rights by the first three paragraphs of Section 10 be deleted and the delegates sitting as a Committee of the Whole, I recommend following substituted therefor: that the part of Section 9 following the word “invasion” be Section 10. There shall be an Attorney General, a deleted and the following substituted in lieu thereof: Commissioner of Finance, a Treasurer, a Commissioner and he may suspend the privilege of the writ of habeas of Taxes, a Superintendent of Public Works, a Board of c.rpus, the laws, or the execution of the laws, as pro Regents, Commissioners of Public Instruction, and a vided in Article . (Bill of Rights) Public Utilities Commission, each of whom shall be in charge of a principal department of the state and their Section 10 provides for executive and administrative respective functions, powers and duties shall be as pro offices and departments and sets the number of principal vided by law. departments at not more than 20. While I originally felt that this number if apØlied only to All other executive and administrative offices, depart principal administrative departments would adequately cover ments and instrumentalities of the state government and the situation and foster economies with the Government, I their respective functions, powers and duties shall be now believe that such requirement might unduly handicap established by law in such manner as to group the same the Governor and create confusion and uncertainty for it according to major purposes so far as practicable. might be construed to include commissions, many of which The legislature from time to time may assign new are now doing effective work as appointees of the Governor. powers and functions to departments, boards and instru Such construction is quite likely for the first paragraph mentalities, and it may increase, modify, or diminish the thereof includes “Instrumentalities of the States” and the powers and functions of such bodies, but the Governor third paragraph states that a commission or other body shall have power to make such changes in the administra might be the head of a principal department of the state. tive structure or in the assignment of functions as he may What is included in the word “instrumentalities” and who is deem necessary for efficient administration. Such to determine what a principal department is? In the absence changes shall be set forth in executive orders which of any definition, there is no way of determining just what shall become effective as of the dates set forth therein these terms do mean as used in this section. Therefore, I and shall continue until modified by executive orders or now feel the number of principal departments should not be specifically modified or disapproved by a resolution stated in the Constitution, but should be left to the sound adopted by a majority of each House of the legislature. judgment of the legislature. The legislature may create temporary commissions for Further, I belleve that appointees to policy making, special purposes or, except for those established herein, quasi-judicial or regulatory boards or commissions such reduce the number of departments or boards by consoli as the Board of Regents, Commission of Public Instruction dation or otherwise. and Public Utilities Commission—and such others as this Each principal department shall be under the super Convention may decide—should not be subject to removal by vision of the Governor. The head of each principal de the Governor. Members of these bodies should serve for partment shall be a single executive unless otherwise staggered terms in order to provide for continuity of policy, provided herein or by law. Such single executives shall as they administer functions that should be kept free from be nominated and appointed by the Governor, with the executive influence or control. Therefore, in my opinion advice and consent of the Senate, to serve at the pleasure they should have a reasonably secure tenure of office and of the Governor. STANDING COMMITTEE REPORT NO. 67-C 221 Whenever a Board, Commission or other body shall and duties of the office, or absence from this State, the be vested with the responsibility for the administration powers and duties of the office shall devolve upon the Lieu of a principal department of the state, the members tenant Governor for the remainder of the term or until the thereof shall be nominated and appointed by the Governor disability be removed. In case of his impeachment, he with the advice and consent of the Senate. Members of shall not exercise his office until acquitted. the Board of Regents and of the Public Utilities Com In case of the failure of the Lieutenant Governor to mission, and C ommissioners of Public Instruction shall qualify, or his removal from office, death, resignation, serve for staggered terms, as provided by law, and shall inability to discharge the powers and duties of the office, be subject to removal only for misfeasance or mal shall devolve upon such officers in such order of succession feasance in office. All other appointees of the Governor and in such manner as may be provided by law. In case of to boards, commissions or other bodies shall serve at his impeachment, he shall not exercise his office until an the pleasure of the Governor. Each board, commission, quited. or other body may, with the advice and consent of the SEC TION 5. [Executive Power s.] The Governor shall be Governor, appoint a principal executive officer who may responsible for the proper execution of the laws. be ex officio a voting member of such board, commission or other body, when authorized by law. Such principal SECTION 6. [Legislative Powers.] The Governor shall, executive officer may be removed by a majority vote of at the commencement of each session, and may at other the members appointed by the Governor.—June 9, 1950 times, give to the Legislature information as to the affairs of this State, and may recommend such measures as the Henry A. White Governor shall deem expedient. The Governor shall have the power of veto over bills COMMITTEE PROPOSAL NO.22 approved by the Legislature, as prescribed in Article RELATING TO THE EXECUTWE of this Constitution. RESOLVED, that the following be agreed upon as part of SECTION 7. [Special Sessions and Extended Sessions.] the State Constitution: The Governor may call special sessions of the Legislature by proclamation and shall state to both houses, when organ ARTICLE THE EXECUTIVE ized, the purpose for which they have been convened, and the SECTION 1. [Establishment of the Executive.j The ex Legislature shall transact no legislative business except ecutive power shall be vested in a Governor. that for which they were especially convened, and such other The Governor shall be elected by the legally qualified legislative business as the Governor may call to the atten voters of this State. The person receiving the greatest tion of the Legislature while in session. number of votes shall be the Governor. In case of a tie vote The Governor shall have power to extend any regular or or a contested election, the selection of Governor shall be special session of the Legislature, for such period or pen determined in such manner as may be provided by law. oth of time as may be prescribed by law. The term of office of the Governor shall be four years SECTION 8. [Pardons and Reprieves.] The Governor beginning at noon on the first Monday in December next may grant reprieves and pardons, after conviction, for all following his election and ending at noon on the first Monday offenses except treason and cases of impeachment, subject in December, four years thereafter. to regulation by law as to the manner of applying for the No person shall be eligible to the office of Governor, un same. less such person is a qualified voter who shall have attained the age of 35 years, and shall have been for 20 years a citi SECTION 9. [Armed Forces.] The governor shall be zen of the United States of America and shall have been a Commander-in-Chief of the armed forces of this State, and resident of this State for five years next preceding his elec may call out such forces to execute the laws, to suppress tion. actual or prevent threatened insurrection, violence, re The Governor shall not hold any other office or employ bellion, or to repel invasion, and he may, when the public ment, of profit, under this State or the United States of safety requires, place this State or any part thereof under America during his term of office. martial law and suspend the privilege of the writ of habeas corpus. SECTION 2. [Lieutenant Governor.] There shall be a Lieutenant Governor, who shall have the same qualifications SECTION 10. [Executive and Administrative Offices as the Governor. The Lieutenant Governor shall be elected and Departments.] All executive and administrative offices, at the same time, for the same term, and in the same departments and instrumentalities of the State government manner as the Governor. The Lieutenant Governor shall and their respective functions, powers and duties shall be perform such duties as may be prescribed by law or as may allocated by law among and within not more than 20 princi be delegated to him by the Governor. pal departments, in such manner as to group the same according to major purposes so far as practicable. Tempo SECTION 3. [Compensation for the Governor and Lieu rary commissions for special purposes may, however, be tenant Governor.] The compensation of the Governor and established by law and such commissions need not be allo Lieutenant Governor shall be set by the Legislature but in cated within a principal department. no event shall be less than $18,000 and $12,000 respective Each principal department shall be under the supervision ly~ per annum, and shall not be increased or decreased for of the Governor. The head of each principal department the term for which they shall have been elected. When the shall be a single executive unless otherwise provided by the Lieutenant Governor succeeds to the office of Governor for Governor, subject to the confirmation of the senate, and the remainder of the term, the Lieutenant Governor shall shall serve at the pleasure of the Governor. receive the compensation for that office. Except as otherwise provided in this Constitution, when SECTION 4. [Succession to Governorship.] In case of ever a board, commission or other body shall be the head of the failure of the Governor to qualify, or his removal from a principal department of the State government, the members office, death, resignation, inability to discharge the powers thereof shall be appointed by the Governor, subject to the 222 JOURNAL DOCUMENTS confirmation of the senate. The term of office and removal validity to all process previously issued under the name of of such members shall be as prescribed by law. Such the Territory of Hawaii in the same manner and to the same board, commission or other body may appoint a principal extent as process issued under the authority of the state. executive officer who may be ex officio a voting member This will have the effect of validating all writs, warrants, of such board, commission or other body, when authorized summons, subpoena, and other process issued in the name by law, and who may be removed by a majority vote of the of the Territory of Hawaii previous to its admission into members appointed by the Governor. the Union as a state, and is necessary to the orderly ad The Governor shall grant commissions to all officers ministration of law and justice. It is, however, not intended elected or appointed pursuant to this Constitution. He shall to validate any defective process previously issued in the appoint, subject to the confirmation of the senate, all offi name of the Territory of Hawaii. cers for whose election or appointment provision is not Proposal No. 135, which is incorporated within Section otherwise made by this C onstitution or by law. 3, except for the deletion of the proviso at the end of the When the senate is not in session and a vacancy occurs proposal, and the insertion of the words “mutatis mutandis” in any office, appointment to which requires the confirma in line 4, relates to the continuance in full force of all ex tion of the senate, the Governor may fill the office by grant isting laws of the Territory of Hawaii in effect at the time ing a commission, which shall, unless such appointment is of its admission into the Union, which are not inconsistent confirmed, expire at the end of the next session of the senate. with the Constitution ~f Hawaii. No person appointed to any office shall be eligible for a re This section continues in force as laws of the state all cess appointment to such office if the appointment shall laws of the Territory of Hawaii not inconsistent with the have failed of confirmation by the senate. State Constitution. It does not permit territorial laws re All officers appointed under the provisions of this section pugnant to the Constitution to be carried forward as State shall be citizens of this State and shall have resided therein laws. The term “laws” is intended to include, without for at least three years next preceding their appointment. limitation of its generality, ordinances and rules and regu lations having the force and effect of law. The use of the words “mutatis mutandis” in not intended STANDING COMMITTEE REPORT NO. 68 to permit substantial changes in any of the present laws of the Territory of Hawaii. It is intended to continue in force Your Committee on Ordinances and Continuity of Law, to Territorial laws, not inconsistent with the Constitution, as which was referred Proposals Nos. 157, 183, 135, 24, 158, laws of the state, with only such changes as may be neces 181, 179, 177, 180, 178, 27, 136, and Committee Proposal sary. Such changes may be the substitution of the word No. 5, begs leave to report as follows: “state” for “territory,” the words “State of Hawaii” for The C ommittee was composed of the following seven “Territory of Hawaii,” “Treasurer of the State of Hawaii” members: Clarencç Y. Shimamura, Chairman, Marguerite for “Treasurer of the Territory of Hawaii,” etc. These K. Ashford, Vice-Chairman, Herbert K. H. Lee, lack Mizuha, changes are merely illustrative and are by no means intend Thomas T. Sakakthara, C. Nils Tavares, and Arthur K. ed to be exhaustive or exclusive. The proviso at the end of Trask. the proposal was deleted before incorporation of the pro The foregoing proposals, with the exception of Proposal posal in Section 3, for the reason that the words “mutatis No. 24, have been incorporated in a complete Article en mutandis,” in the opinion of the Committee, would fulfill titled “Schedule” which is attached hereto, made a part here the purpose of the proviso. of, and marked Exhibit “A” [Committee Proposal No. 23, The latter portion of this section is intended to limit the following]. duration of Territorial laws, and not the power to enact Proposal No. 157 is a statement that the Constitution of laws, which resides in the Legislature. The word “altered” the United States is adopted on behalf of the people of the in this section is interchangeable with and includes the Territory of Hawaii. This proposal is incorporated in Sec - words “amended” and “changed.” tion 1 of the Article after the deletion of the word “Terri Proposal No. 24, which relates to the continuance of ex tory” and insertion of the word “State” in lieu thereof. This isting laws and all rights, claims, actions, etc., has been section incorporates the requirements of Section 3, Act 334 rejected and disapproved by the C ommittee, for the reason of the Session Laws of 1949 and of H. R. ~ in the Congress that the subject mailers of this proposal are fully covered of the United States, Section 3, prior to its amendment by in Proposal No. 135, as amended, which is incorporated in the Senate Committee on Interior and Insular Affairs. This Section 3, and in Proposal No. 183, which is incorporated amendment was made alter the adoption of the Federal Con in Section 2. For this reason, the Committee recommends stitution by the Constitutional Convention. Although there that Proposal No. 24 be placed on file. is no requirement either in Act 334 or H. R. 49 that such a Proposal No. 158, which is incorporated in Section 4, in statement be embodied in the C ozistitution, the Committee a slightly amended form, relates to the disposition of debts, favored inclusion of such a declaration. fines, penalties, forfeitures, and escheats accruing to the Proposal No. 183, which is incorporated in Section 2 Territory of Hawaii. This section provides that all such with the addition of the word “orders,” relates to the con debts, fines, penalties, forfeitures, and escheats shall inure tinuance of all rights, actions, suits, proceedings, prose to the State of Hawaii, or its corresponding political sub cutions, judgments, sentences, orders, decrees, claims, division; that is, a county or city and county, as the case demands, and contracts existing at the time of the ad may be. This is obviously a necessary provision and is in mission as a state, as if issued in the name of the State. corporated in the Constitutions of many states. The purpose of this section Is to preserve rights, actions, Proposal No. 181, which is incorporated in Section 5, suits, proceedings, prosecutions, judgments, sentences, with minor amendments, relates to the vesting in the State orders, decrees, claims, demands, and contracts as if the of Hawaii of all property belonging to the Territory of Ha change from a territorial to a state form of government waii, with the right of recovery and enforcement in the had not occurred. It is also intended that the administration State. It is intended that all property and all property rights of law should proceed unaffected by the change in govern and interests of whatever kind or description, including ment. It is also the obvious purpose of this section to give money, judgments, bonds, etc., shall pass to the State, with- STANDING COMMITTEE REPORT NO. 68 223 out limitation of the generality of the words used by the State officers, until such time as their successors are ap enumeration of specific kinds of property or rights, such as pointed or elected and qualify. judgments, bonds, etc. The word “belonging” is here used Section 12 is a redraft of Committee Proposal No. 5, in its widest meaning and application and should be so in which was referred to this Committee upon the recommend terpreted, irrespective of whether or not any property or ation of the Committee on Agriculture, Conservation and rights and interests are vested, reduced to possession, etc. Land. Proposal No. 179, which is incorporated in the Article as It is necessary that provision be made for the adminis Section 6, with the word,s “State law” at the end thereof tration of lands placed in the control of the State by the amended to “laws of the State,” relates to the continuance United States, pending the obtaining of tile to such lands and validity of recognizances, bonds, and other obligations by the State. The Enabling Bill now pending in Congress, executed to the Territory of Hawaii or to any political sub H. R. 49, if enacted in its present form, would require that division thereof or to any officer, board, commission, or such lands be administered in accordance with the present court. A recognizance is an obligation entered into before laws, except as otherwise provided by Congress. This re a court with a condition to do some act required by law, quirement of H. R. ~ is incorporated in Proposal 67, which which is specified in the instrument, All such recognizances, we understand will be reported by the Committee on Agri bonds, etc., remain entirely valid under the State and may culture, Conservation and Land. That the legislature may be enforced and sued upon by the proper or corresponding not be free to amend the land laws as to lands so owned by authority under the laws of the State. For example, a the United States and only under the control of the State is surety bond executed to the Treasurer of the Territory of recognized in this section by the words “except as other Hawaii will be succeeded to by the Treasurer of the State wise provided in this Constitution.” of Hawaii and may be enforced by the latter; and a re A further matter covered by this section is the adoption cognizance or appearance bond executed to the Circuit of the present land laws as laws of the State governing the Court of the Territory of Hawaii will be succeeded to by lands owned by the State. Because so many of the present the Circuit Court of the State of Hawaii with all incidental land laws were enacted by Congress, the general provision rights thereto. It is intended that the word “officer” in this continuing, in effect laws of the Territory of Hawaii will Section shall be given the broadest meaning and definition not suffice, and it is necessary for continuity that land laws and shall include clerks of courts and others in whose enacted by Congress be adopted as laws of the State. By the names recognizanc es, bonds, and other obligations may be words “except as otherwise provided in this Constitution” executed. it is recognized that there may be exceptions to the continu Proposal No. 177, which is incorporated in Sections 7, 8 ation in effect of the present laws, as well as exceptions to and 9 in an amended form, relates to pending criminal and the power of the legislature to amend or repeal. One such civil actions. Under Section 7, all criminal cases pending exception has been incorporated in this section, the effect at the time of the admission of Hawaii as a state, shall be of which is to suspend, as to the public domain of the State, prosecuted to judgment and execution in the name of the Section 73 (m) of the Hawaiian Organic Act for a period of State. A portion of the second sentence of this proposal five years, during which period the legislature will be en relating to violations of Territorial laws prior to the abled to determine whether and to what extent land sales change in government, not prosecuted before such change, may be mandated by petition or other means, Section 73 (m) has been deleted, since the subject is covered by Proposal becoming effective at the end of the five-year period only No. 180, which is incorporated in Section 10 of the Article. if the legislature takes no contrary action. Under Section 2, all civil causes, including actions at Section 13, which provides for a Law Revision Commis law and suits in quity and all other legal proceedings, pend sion, is entirely new and is not based on any proposal pre ing in Territorial courts at the time of the change in the viously introduced. It is however, an important provision form of government, shall be continued and transferred to to insure conformance of our laws to the Constitution. the appropriate court of the State having jurisdiction thereof. Section 14 is Proposal No. 27 in an abbreviated, amended Under Section 9, all books, papers, records and proceed form. This section is intended, wherever possible, to make ings relating to the cases mentioned in Sections 7 and 8 the various provisions of the Constitution operative without shall be transferred to the appropriate state courts. It is the aid of supplemental or enabling legislation. It is a def i intended that the words “books, papers, records, and pro nite declaration showing the express intent of the framers ceedings’~ shall include all papers in the files of such causes of the C onstitution that its provisions are self-executing, and all testimony whether taken fully or in part. and this must be given effect It is intended by these sections that there shall be no Proposal No. 136, which relates to the effective date of lapse or failure of any pending criminal prosecution or civil the Constitution, is incorporated in Section 15. This section causes through any technicality incident to the change in the is inserted with an abundance of caution so as to avoid un form of government by the admission of Hawaii as a State. necessary litigation and confusion as to the correct effective Proposal No. 180, relating to civil causes of action an date of the Constitution. crued and criminal offenses committed, is incorporated in Your Committee recommends the passage of this Com Section 10. This section provides for the continuance of mittee Proposal. —June 9, 1950 those civil causes of action and all criminal offenses which Clarence Y. Shimamura, Herbert K. H. Lee may have arisen or been committed prior to the admission Chairman Tack H. Mizuha of Hawaii as a State, but as to which no suit, action, or Marguerite K. Ashford, Thomas T. Sakakthara prosecution is pending at the date of its admission. Vice-Chairman Proposal No. 178, which is incorporated in Section 11, C. Nils Tavares relates to the continuance in office of all Territorial, City COMMITTEE PROPOSAL NO. 23 and County, and County officers and judges of the Territory of Hawaii. This section is intended to facilitate the change RELATING TO SCHEDULE ON CONTINUITY OF LAWS, of government from a Territory to a State without the sus RIGHTS, ACTIONS, ETC. pension of governmental functions. This section extends RESOLVED, that the following be agreed upon as part the term of Territorial officers and makes them, in effect, of the State C onstitution: 224 JOURNAL DOCUMENTS ARTICLE. SCHEDULE SECTION 11. Ail territorial, county, and city and county officers and judges of the courts of the Territory of Hawaii SEC TION 1. The C onstitution of the United States is who may be in office at the time of the admission of this adopted on behalf of the people of the State of Hawaii. State into the Union shall continue to discharge the duties SECTION 2. All rights, actions, suits, proceedings, of their respective offices until their successors shall have prosecutions, judgments, sentences, orders, decrees, qualified in accordance with this Constitution or the laws claims, demands, and contracts, existing at the time of the enacted pursuant thereto. admission of this State into the Union shall continue as if SECTION 12. The laws of Hawaii relating to the lands in the change in the form of government had not occurred; and the possession, use and control of the Territory, as amend all process which may have been issued under the authority ed, modified or supplemented by Acts of Congress (which of the Territory of Hawaii, previous to its admission into said Acts of Congress are hereby adopted as laws of the the Union, shall be as valid as if issued in the name of the State) shall, except as otherwise provided in this C onstitu State. tion, continue in effect as laws relating to the lands owned SECTION 3. All laws of the Territory of Hawaii in force by or under the control of the State, subject to amendment at the time of its admission into the Union as a State, not or repeal by the Legislature. Provided, however, that for repugnant to this Constitution, shall remain in force, mutatis the period of five years after the admission of this State mutandin, until they expire by their own limitation, or are unless otherwise provided by the legislature no sale or altered or repealed by the Legislature. other transfer of the public domain of the State or any inter est therein shall be deemed to be mandated by any law SECTION 4. All debts, fines, penalties, forfeitures, and adopted by this section, or by any petition presented there escheats which have accrued, or may hereafter accrue, to under, notwithstanding any provision of such law to the con the Territory of Hawaii, or its political subdivision, shall trary. inure to the State of Hawaii, or its political subdivision. SECTION 13. The Governor shall appoint, within 30 days SECTION 5. All property, real, personal, and mixed, after the effective date of this Constitution, a Law Revision and all moneys, credits, judgments, decrees, bonds, special C ommission of five members whose duty it shall be to ties, choses in action, claims, and demands of whatever examine all the laws of the Territory of Hawaii in force description, and any and all other rights or interests there immediately prior to such effective date, and to make a in, belonging to the Territory of Hawaii, shall inure to and report to the legislature or legislatures sitting cruring the vest in the State of Hawaii, and may be sued for, recovered, period of two years immediately following said date recom and enforced by the State of Hawaii in the same manner, mending such amendments or repeals of such existing laws and to the same extent, as the same might or could have and the enactment of such other laws as may be necessary been by the Territory of Hawaii. in their judgment to conform to or carry out the require SECTION 6. All recognixances, bonds, obligations, and ments of this Constitution. undertakings entered into or executed to the Territory of The sums necessary for the purposes of this section Hawaii, or to any county or city and county, or to any offi shall be paid out of any moneys in the Treasury of the State cer, board, commission, or court shall remain valid accord not otherwise appropriated, upon vouchers signed by the ing to the terms thereof, and may be sued upon and recover chairman or acting chairman of such Commission. The ed by the proper or corresponding authority under the laws compensation of the members of the commission shall be of the State. fixed by the governor, and the commission, with the approv al of the governor, shall have power to engage such as SECTION 7. All criminal prosecutions and penal actions sistants and employees at such compensation as shall be which may have arisen, or which may arise, before the determined by the commission with the approval of the change from a Territorial to a State government, and which governor. Such assistants and employees shall not be sub shall then be pending, shall be prosecuted to judgment and ject to the civil service and classification laws relating to execution in the name of the State, with like effect as though such change had not taken place; and all penalties incurred public officers and employees. and punishments inflicted shall remain the same as if this SECTION 14. The provisions of this constitution shall Constitution had not been adopted. be self-executing to the fullest extent that their respective SECTION 8. All civil causes which may be pending in natures permit. any of the courts of the Territory of Hawaii at the time of SECTION 15. This Constitution shall take effect and be the change from a Territorial to a State government, shall in full force immediately upon the admission of Hawaii be continued and transferred to the court of the State having into the Union as a State. jurisdiction thereof. SECTION 9. All books, papers, records, and proceedings STANDING COMMITTEE REPORT NO. 69 relating to the cases mentioned in the preceding two sections shall be transferred in like manner to the appropriate courts. Your Committee on Printing to which was referred the SECTION 10. All civil causes of action and all criminal following Standing Committee Reports and Committee offenses which shall have arisen or been committed prior Proposals, begs leave to report that said Reports and to the admission of this State, but as to which no suit, action, Proposals have this day been printed in accordance with or prosecution shall be pending at the date of such ad the second paragraph of Rule 47 (c) of this Convention: mission, shall be subject to prosecution in the appropriate Standing Com. Rpt. No. 51, Proposal No. 10 of the Com courts of the State or of the United States, in like manner, mittee on Taxation and Finance. StandingCom. Rpt. No. to the same extent and with like right of appellate review, 52, Proposal No. 11 of the Committee on Education. as if the State had been created and said State courts had Standing Committee Reports: No. 53, Proposal No. 12; been established prior to the accrual of such causes of No. 54, Proposal No. 13; No. 55, Proposal No. 14; No. 56, action or the commission of such offenses. Proposal No. 15; No. 57, Proposal No. 16; No. 58, Proposal STANDING COMMITTEE REPORT NO. 70 225 No. 17; No. 59, Res. No. 31 RD1; No. 60; No. 61; No. 62, Senate Committee on Interior and Insular Affairs. By this Proposal No. 18; No. 63, Proposal No. 19; No. 64, Proposal section authority is granted to and acknowledged in the No. 20; No. 65, Proposal No. 21; and No. 66 of the Com United States to the exercise of the power of exclusive Con mittee on Miscellaneous Matters. Standing Corn. Rpt. No. gressional legislation over all tracts of land owned by the 67, Proposal No. 22 of the Committee on Executive Powers United States and held for military, air, naval, or coast and Functions. Standing Corn. Rpt. No. 68, Proposal No. guard purposes. However, provision is made for the service 23 of the Committee on Ordinances and Continuity of Law. of civil or criminal process within such military or naval —June 10, 1950 reservations for all rights acquired, obligations incurred, Charles H. Silva, Chairman or crimes committed within the State but outside of the re servations. Also provision is made for the State’s right of taxation of all persons and corporations, their franchises STANDING COMMITTEE REPORT NO. 70 and property, within the reservations. All persons within Your Committee on Ordinances and Continuity of Law, the reservations are guaranteed the right to vote at all to which were referred Proposals Nos. 195, 155, 154, 156 elections. and 51, begs leave to report as follows: Section 8 incorporates Section 3 of Proposal No. 154 and makes irrevocable the foregoing sections of the Constitution Your Committee submits and reports herewith a com without the consent of the United States and the people of the plete article entitled “Ordinances,” which is attached State. Although there is no express provision in H. R. 49 to hereto, made a part hereof, and marked Exhibit “A” this effect, other state constitutions of Western states admit [Committee Proposal No. 24, following.] ted into the Union from a territorial status have contained Sections 1 to 7 are in compliance with the mandatory provisions of H. R. 49, the Hawaii Statehood Enabling Act. such a clause. Section 1 disqualifies any person who advocates, or Proposal No. 156, relating to the adoption of the Hawaiian who belongs to any party, organization, or association Homes Commission Act, 1920, as amended, is recommended which advocates, the overthrow by force or violence of to be placed on file, inasmuch as Committee Proposal No. 6 the government of the State of Hawaii or of the Untied which has been favorably reported, covers the same subject States, from holding any public office or public employ matter. It is however, felt that Committee Proposal No. 6 ment under the State C onstitution. This provision was in may well be included within this Article, since it is one of serted in H. R. 49 as an amendment thereto by the Senate the mandatory provisions under H. R. 49. Committee on Interior and Insular Affairs. This section Proposal No. 51, relating to amendment of the Hawaiian substantially amends Proposal No. 195. Homes Commission Act, 1920, as amended, is recommended Section 2 incorporates Section 1 of Proposal No. 155. to be placed on file, inasmuch as H. R. 49 provides for This relates to the guarantee of religious tolerance and amendment of Section 213 of the Act, and such amendment of freedom from molestation in person and property on may well be made by the State Legislature. Although this account of the mode of religious worship. Although a Convention, under H. R. 49, has authority to amend Section section in the Bill of Rights contains a provision against 213 of the Act, either in the Constitution or by ordinance, any law respecting the establishment of religion or pro it was the opinion of the Committee that it was preferable hibiting the free exercise thereof, it is the opinion of this to leave matters of such statutory nature to the Legislature, Committee that the mandatory provision of H. R. 49 and that inclusion of such matters may tend to confuse the should be separately inserted. This procedure has been electors who have the right and duty of ratification of the followed in other state constitutions, notably those of C onstitution. Arizona, New Mexico and Nevada. The purpose of Section 9 is to maintain the claim of the Section 3 incorporates Section 2 of Proposal No. 155 Ia State to all of the remaining public lands and other property an amended form. This section provides for the establish ceded by the Republic of Hawaii, and to designate repre ment and maintenance of a public school system free from sentatives to present those claims and to make selections racial segregation and sectarian control. Although the pro of lands as and when directed by Congress until the Legis posal in the original form provided that the schools shall be lature shall make other provisions. open to all children of the State and would, therefore, prohibit Your Committee recommends the passage of this Com racial segregation, it was felt by the Committee that the ad mittee Proposal.—June 13, 1950 ditional clause would fortify this interpretation. Clarence Y. Shimamura, Thos. T. Sakakihara Section 4 incorporates Section 3 of Proposal No. 155, Chairman C. Nils Tavares with the insertion of the second clause, which was includ Jack H. Mizuha Arthur K. Trask ed in an amendment to H. R. 49 in the Senate Committee on Interior and Insular Affairs. This assumption and pay COMMITTEE PROPOSAL NO. 24 ment of all Territorial debts by the State is proper and such RELATING TO ORDINANCES AND CONTINUITY OF LAW a provision is universally included in state constitutions. Section 5 incorporates Section 4 of Proposal No. 155 and RESOLVED, that the following be agreed upon as part provides for equality of taxation of property of residents and of the State C onstitution: non-resident citizens. - Section 6 incorporates Section 1 of Proposal No. 154, as ARTICLE. ORDINANCES amended to conform to revisions made to H. R. 49 by the Senate Committee on Interior and Insular Affairs. This BE IT ORDAINED BY THE PEOPLE OF HAWAII: section provides for the cession to the United States of SECTION 1. That no person who advocates, or who be property in Hawaii set aside by Act of Congress or by Ex longs to any party, organization, or association which ad ecutive Order or proclamation of the President or the Gover vocates, the overthrow by force or violence of the govern nor of Hawaii for the use of the United States. ment of this State or of the United States of America shall Section 7 incorporates Section 2 of Proposal No. 154, as be qualified to hold any public office of trust or prof it or revised to conform to amendment of H. R. 49 made by the any public employment under this Constitution. 226 JOURNAL DOCUMENTS SEC TION 2. That perfect toleration of religious senti their duties and functions), or any two of them, to present to ment shall be secured, and that no inhabitant of this State the Congress of the United States or to such committees or shall ever be molested in person or property on account of executive departments as the C ongress may direct, the his or her mode of religious worship. claims of the people of Hawaii to the lands and other public property and interests in property, not disclaimed or en SECTION 3. That provision shall be made for the es cumbered by the provisions of this Constitution. Said tablishment and maintenance of a system of public schools, Governor of Hawaii, the Commissioner of Public Lands, in which no segregation shall be made by reason of race, and the President of the Board of Commissioners of Agri and which shall be open to all the children of this State and culture and Forestry (as officers of the Territory of Hawaii free from sectarian control. or as officers of the State of Hawaii succeeding to their SEC TION 4. That the debts and liabilities of the Terri duties and functions), or any two of them, until and unless tory of Hawaii shall be assumed and paid by the State of the Legislature shall otherwise provide, are further author Hawaii, and all debts owed to said Territory of Hawaii shall ized, empowered and directed, to make selections of lands be collected by said State. on behalf of the people of Hawaii, as and at the times di SECTION 5. That the lands and other property belonging rected by the Congress of the United States. to citizens of the United States residing without the State shall never be taxed at a higher rate than the lands and other property belonging to residents thereof. STANDING COMMITTEE REPORT NO. 71 SECTION 6. That the property in the Territory of Ha waii set aside by Act of Congress or by Executive order or Your Committee on Ordinances and Continuity of Law, to proclamation of the President or the Governor of Hawaii which was referred Misc. Com. No. 88, entitled ‘A Constitu for the use of the United States and remaining so set aside tional Proposal—State Constitution can Curb Reds by De immediately prior to the admission of the State of Hawaii fining Political Parties,” begs leave to report as follows: into the Union is ceded to the United States, as more parti’. Misc. Com. No. 88 is from Mr. Tony Todaro and seeks cularly provided in the next section of this Ordinance. to outlaw the Communist Party ‘by striking the Party off SECTION 7. That authority is granted to and acknowledg the ballot” and recommends the inclusion, in the section on ed in the United States to the exercise by the Congress of Suffrage and Elections of the State Constitution the definition the United States of the power of exclusive legislation, as and requirements of political parties. This Communication provided by Article I, Section 8, clause 17, of the Constitu was originally referred to the Committee on Suffrage and tion of the United States, in all cases whatsoever over such Elections, and by that Committee recommended to be re tracts or parcels of land as, immediately prior to the ad ferred to this Committee. Your Committee feels that the mission of the State, are owned by the United States and held subject matter of this communication is peculiarly within for military, air, naval, or coast-guard purposes, whether the province of the C ommittee on Suffrage and Elections title to such lands was acquired by cession and transfer to and should have been acted upon by said Committee. the United States by the Republic of Hawaii and set aside Your Committee has, in accordance with the amended by Act of Congress or by Executive order or proclamation provisions of H. R. 49, the Hawaii Statehood Enabling Act, of the President or the Governor of Hawaii for the use of submitted and reported a proposal disqualifying any person the United States, or acquired by the United States by pur who advocates, or who belongs to any party, organization, chase, condemnation, donation, exchange, or otherwise: or association which advocates the overthrow by force or Provided, That the State of Hawaii shall have the right to violence of the government of the State of Hawaii or of the serve civil or criminal process within said tracts or parcels United States, from holding any public office or public em of land in suits or prosecutions for or on account of rights ployment. acquired, obligations incurred, or crimes committed within Inasmuch as Misc. Com. No. 88 calls for a proposal out the State but outside of the said tracts or parcels of land; lawing the Communist Party ‘by striking the Party off the and shall have the right to tax persons and corporations, ballot” and ‘under the Suffrage and Elections section of their franchises and property, within the said tracts or our new Constitution, spell out the definition and require parcels of land; and that persons now or hereafter residing ments of political parties,” your Committee feels that this on the said tracts or parcels of land shall not be deprived matter is peculiarly within the province of the Committee thereby of the right to vote at all elections held within the on Suffrage and Elections and recommends that this Com political subdivisions where they respectively reside. munication be referred back to the Committee on Suffrage and Elections for action thereon. —June 13, 1950 SECTION 8. The foregoing sections are irrevocable Clarence Y. Shimamura, Thos. Sakakthara without the consent of the United States and the people of this State. Chairman C. Nils Tavares Herbert K. H. Lee Arthur K. Trask SECTION 9. Having full faith that the C ongress of the United States will accord to the State of Hawaii all of the powers and prerogatives of a sovereign state and will, in STANDING COMMITTEE REPORT NO. 72 its determination of the disposition of the public lands and other public property in Hawaii, give due consideration to Your Committee on Ordinances and Continuity of Law, the terms and provisions of the cession and transfer thereof to which were referred Paragraphs (1) and (2) of Res. No. by the Republic of Hawaii, the people of Hawaii do hereby 19 and Misc. Com. No. 26, begs leave to report as follows: authorize, empower and direct their representatives, who until and unless the Legislature shall otherwise provide Paragraph (1) of Res. No. 19 requested of the Congress shall be the Governor of Hawaii, the Commissioner of of the United States the amendment of H. R. 49, the Hawaii Public Lands, and the President of the Board of Commission Statehood Enabllng Act, by deleting Section 2 thereof re ers of Agriculture and Forestry (as officers of the Territory lating to the election of delegates to a State Constitutional of Hawaii or as officers of the State of Hawaii succeeding to Convention, their qualifications, and method of election. STANDING COMMITTEE REPORT NO. 73 227 Paragraph (2) of Res. No. 19 requested the amendment It is made the duty of the Governor to certify the result of the first paragraph of Section 3 of H. R. 49. of the elections to the President of the United States. Under Inasmuch as both Section 2 and the first Paragraph of H. R. 49, the President of the United States must issue his Section 3 of H. R. 49 have been deleted by the Committee proclamation announcing the result of the election, and upon on Interior and Insular Affairs of the United States Senate, the issuance of such a proclamation by the President, the it is recommended that Res. No. 19, insofar as reference proposed State of Hawaii is deemed admitted by Congress was made to this Committee, be placed on file. into the Union on an equal footing with the other states. Misc. Com. No. 26 was originally referred to the Com Upon the issuance of the proclamation by the President, mittee on Miscellaneous Matters, and by that Committee the officers elected shall proceed to exercise all the func recommended to be referred to this Committee, The Com tions pertaining to their offices. munication is from Honolulu Post No. 1540, of the Veterans Your Committee recommends the passage of this Com of Foreign Wars of the United States, which submits a Re mittee Proposal. —June 13, 1950 solution calling for the inclusion in the State C onstitution of a suitable provision “outiawing the Communist Party and Clarence Y. Shimamura, lack H. Mizuha any and all organizations advocating the overthrow, by force Chairman Thomas T. Sakakthara and violence, of our form of government.” Herbert K. H. Lee C. Nlls Tavares In accordance with the amended provisions of H. R. 49, Arthur K. Trask your Committee has already submitted and reported a pro posal disqualifying any person who advocates or who belongs COMMITTEE PROPOSAL NO. 25 to any party, organization, or association which advocates RELATING TO AN ELECTION ORDINANCE the overthrow by force or violence of the government of the State of Hawaii or of the United States, from holding any RESOLVED, that the following be agreed upon as part public office or public employment. of the State C onstitution: Your Committee, therefore, recommends that this Com ARTICLE. ELECTION ORDINANCE munication and Resolution be placed on file. —June 13, 1950 SECTION 1. That in case the people of the Territory of Clarence Y. Shimamura, Jack H. Mizuha Hawaii ratify this Constitution and the President of the Chairman Thos. Sakakthara United States approves the same, the Governor of the Terri Herbert K. H. Lee C. Nils Tavares tory of Hawaii shall, within 30 days after receipt of notifi Arthur K. Tràsk cation from the President certifying such approval, issue his proclamation for an election, or primary and general STANDING COMMITTEE REPORT NO. 73 elections, as may be required, at which officers for all Your Committee on Ordinances and Continuity of Law. elective offices provided for by this Constitution and laws begs leave to report as follows: of this State, except those officers for which this Constitu Your Committee was composed of the following seven tional Convention, by ordinance duly ratified by the people, members: Clarence Y. Shimamura, Chairman, Marguerite shall have made other temporary provisions, shall be K. Ashford, Vice-Chairman, Herbert K. H. Lee, Jack chosen by the people; but the officers so to be elected shall Mizuha, Thomas T. Sakakthara, C. Nils Tavares, and in any event include two Senators and two Representatives Arthur K. Trask. in Congress and unless and until otherwise required by Your C ommittee submits and reports herewith an Elec - ordinance of this C onvention duly ratified by the people, tion Ordinance, which is attached hereto, made a part here or by this Constitution or laws of this State, said P epre - of and marked Exhibit “A” [Committee Proposal No. 25, sentatives shall be elected at large. following]. SEC TION 2. Said election shall take place not earlier This Ordinance is in compliance with H. R. 49, the Ha than 60 days nor later than 90 days after said proclamation wail Statehood Enabling Act, which requires that such a by the Governor ordering the same, or if a primary election provision be made by this Constitutional Convention. There is to be held, then the primary election shall take place not is no express requirement, however, that such provision be earlier than 60 days nor later than 90 days after said pro made in the form of an ordinance. Such a provision might clamation by the Governor, and the general election shall well have been included in the section on Suffrage and Elec take place within 40 days after the primary election. Such tions. election or elections shall be held, and the qualifications This Ordinance provides the machinery for the election of voters thereat shall be, as prescribed by this Constitution of all State officers to be elected under the Constitution and and the laws of this State for the election of members of the laws of the state, together with two United States Senators State legislature, except as otherwise provided by ordinance and two Representatives in Congress. It is made incumbent of this Constitutional Convention duly ratified by the people. upon the Governor of the Territory to issue a proclamation The returns thereof shall be made, canvassed, and certified for an election, or primary and general elections, within in the same manner as hereinbefore prescribed with re 30 days after receipt of notification from the President of spect to the election for the ratification or rejection of the United States certifying his approval of the State Consti this Constitution. tution. SECTION 3. When said election of said officers above The election must take place not earlier than 60 days nor provided for shall be held and the returns thereof made, later than 90 days after the Governor’s proclamation order canvassed, and certified as hereinbefore provided, the ing the election. If a primary election is to be held, it must Governor of the Territory of Hawaii shall certify the result take place not earlier than 60 days nor later than 90 days of said election, as canvassed and certified as herein pro after such proclamation, and the general election must take vided, to the President of the United States. place within 40 days after the primary election. Such elections and the qualifications of voters are to be SECTION 4. Upon the issuance by the President of the governed by the Constitution and laws of the State relating United States of his proclamation announcing the result of to election of members of the State lejislature. said election so ascertained and the admission of the State 228 JOURNAL DOCUMENTS of Hawaii into the Union, the officers elected at said elec G. Monroe, representing Lanai Residents’ Committee for tion, and qualified under the provisions of this Constitution Sell-Government; Mr. D. B. Billings, representing Lanai and laws of this State, shall proceed to exercise all the Residents’ Committee for Sell-Government; Mr. James functions pertaining to their offices in or under or by au Dyson, representing Lanai Residents’ C ommittee for Sell- thority of the governor of this State, and officers not re Government; Mr. Frederick Ohrt, Manager, Board of Water quired to be elected at said initial election shall be select Supply, Honolulu, T. H.; Mr. Michiro Watanabe, Deputy ed or continued in office as provided by ordinances of the Attorney General; Mr. Suyeki Okumura, Acting City and Constitutional Convention duly ratified by the people, or by County Attorney; Mr. Eddie Tam, Chairman and Executive the Constitution and laws of this State. Officer of the Board of Supervisors of Maui County; Mr. K. M. Ahana, Auditor, County of Kauai; Mr. 3. Edward Lyons, SECTION 5. The Governor and secretary of this State, Administrator, Board of Public Parks and Recreation; and or other officer thereunto authorized, shall certify the elec Mr. Frank A. McKinley, Acting City and County Attorney. tion of the Senators and Representatives in the manner re quired by law. Public Hearings: The Committee held one public hearing on the Island of Lanai, at which approximately three hundred people were present, when representatives from the Lanai Residents’ Committee advocated sell-government for Lanai. STANDING COMMITTEE REPORT NO. 74 Conferences: The Committee held one conference with Your Committee on Local Government is composed of members of the Board of Supervisors of the City and County the following 15 members: Charles E. Kauhane, Chairman, of Honolulu. Samuel K. Apoliona, Jr., Vice-Chairman, Nelson K. Doi, Various Writings Submitted to Committee, hereto Aan H. Corbett, Edward B. Holroyde, Richard St. Sure, attached and made a part of this report, as follows: Pro Herbert M. Richards, Toshio Serizawa, Frank Y. Kam, posed Budget and Appropriation Ordinance of City and Katsumi Kometani, Harold W. Rice, Thomas T. Sakakthara, County of Honolulu, 1950, submitted by Controller, Paul K. Matsuki Arashiro, John R. Phillips, and Sakuichi Sakai. Keppeler; Memorandum dated April 26, 1950, from Paul K. The following Proposals, Resolutions, Petitions and Keppeler, Controller, City and County of Honolulu; County Standing Committee Reports were submitted to this Com of Kauai C omparative Statement of Revenues and Expendi mittee for consideration: tures for 15 years; Statement showing Divisional Real A. Proposals: No. 88, Pertaining to Local Government Property Tax Rates and Assessments as compared to Di for the Creation of Political Subdivisions by the Legislature, visional Assessments based on an average Territorial Rate, etco; No. 94, Prohibiting the Governor to appoint Officers submitted by the Office of the Territorial Tax Commission and Officials in Local County Administration; No. 111, er; Lanai’s Case for County Status and Voice in the Legis Pertaining to Local Government for the Creation of Pollti lature; Memorandum from the Lanai Residents’ Committee cal Subdivisions by the Legislature and Prohibiting the Leg for Sell-Government; Memorandum on Public Utilities Tax— islature to Appoint Officers and Officials in Local County submitted by City and County of Honolulu C ontroller’s Administrations; No. 115, Same as No. 111; No. 153, Re Office; City and County of Honolulu—detailed Statement of lating to Local Government; No. 167, Relating to Home Rule; Revenues of Operating Funds for 1948, 1949, and 1950; No. 186, Relating to Counties; No. 187, Relating to Local Request No. 1212—Legislative Reference Bureau—Memo: Government; No. 188, Relating to Counties. randum on Problems of Local Government; Memorandum B. Resolutions: No. 22, Requesting Careful Considera from the Mayor, Board of Supervisors and other officials tion to be given to making Lanai a separate County; No.37, of the City and County of Honolulu, dated May 26, 1950; Inviting the Chairman and Executive Officer of the Board of Problems in Creating a County, submitted by Delegate Supervisors of the County of Maui to appear before this Cable A. Wirtz; The Lanaian, published by the LanaiCom C onvention to present additional information on the subject munity Wellare Association, May 12, 1950. of creating a separate county Government for the Island of Miscellaneous Communications: Miscellaneous C om - Lanai. munication No. 27; Miscellaneous Communication No. 95. C. Petitions: No. 5, Lanai Rifle and Pistol Club; No. 3, Lanai Education Association; No. 19, West Kauai Lions The urge for sell-government is inherent in every Club; No. 18, Lanai City Lions Club; No. 17, Lanai Republi American. This country has been made great by an can Precinct Club; No. 16, Lanai Young Buddhist Associa abiding faith in the principle that the people have the tion; No. 15, Lanai Koele Flying Club; No. 14, Lanai Civil ability and have a right to manage their own affairs. It Air Patrol; No. 7, Lanai Veterans Club; No. 1, Lanai AJA is the purpose of the Committee to give form and life to Club; No. 2, Lanai Parent-Teachers Association; No. 6, this urge in the Constitution. Lanai Social Club; No. 23, Lanai Mutual Improvement The question before the Committee was to determine the Association; No. 24, Lanai Relief Society; No. 25, Lanai kind and extent of such sell-government. In arriving at an Community Welfare Association. answer different theories and philosophies of local govern D. Standing Committee Reports: No. 13, Recommend ment were considered. ing. the Referral of Proposal No. 94 to the Committee on The Committee realized that theories alone were incon Local Government; No. 27, Part 1—Report of the Commit clusive. Therefore, careful study was given to pertinent tee on Local Government. matters as they now exist or may exist in the future in Ha- wail. Theories and local conditions were compared and the Number of Meetings: The Committee held eighteen proposal offered by your committee was tailored to obtain meetings, usually of two and a half to four hours duration, a workable form of local self-government. and one public hearing. It may fairly be said that the consensus of the Committee Persons and Organizations Appearing Before the Com members was to allow as much independent local sell mittee: Mr. Paul K. Keppeler, Controller, City and government as the welfare of the state would permit. For County of Honolulu; Mr. C. F. Leicester, President of example, it was felt that local taxing power is a desirable Lanai Residents’ C ommittee for Self-Government; Mr. M. feature of self-government, but that in Hawaii, if this were STANDING COMMITTEE REPORT NO. 74 229 permitted without limitation, it would be injurious to other sence of complete taxing power, it is considered to have at local governments and to the state. Such being the case, least some degree of home rule. This is the political phil the taxing power was left to the legislature, the legislature osophy strongly endorsed by your Committee. to delegate portions of that power to local governments and The Committee feels that any board, commission or de to apportion state revenues in such manner and in such partment of a local government should be a constituent part amounts as the legislature in its discretion might consider of such local government and that all appointments to such proper. boards, commissions or departments should be made by the The Committee felt very strongly that a local govern duly constituted authorities of such local government. The mental unit should have strong powers of self-government Committee discussed Proposal No. 188 which reads as with minimum interference from the legislature. Thus, we follows: find the provision that, once defined, a political subdivision All officials of the several local units of government of the state shall have full authority to provide for its form shall be elected by the electors of the said units or ap of government and management of its own affairs. pointed by the authorities thereof. The problem of who should be entitled to local govern ment was studied and the legislature was given the power to This was not included in the final proposal here sub set up uniform qualifications, and any area or local unit mitted because it was felt that Section 2 covered this, and meeting those qualifications would then be entitled to draft that it would be unnecessary to state it separately. and submit to the people a charter for local sell-govern The second sentence of Section 2 was included after the ment without further legislative action. Discrimination as Committee had heard of the difficulties encountered in the to particular localities is consequently prohibited. performance of their duties by many officers, both elected Each section of the Committee’s proposal is herein ex and appointed, of the various local governments in the plained in fuller detail. The phrase “political subdivisions” territory. We wish to note that some of the Committee has been used often in the proposal and this report. The members have served as either elected or appointed of phrase refers to counties and cities and counties as now ficials of the presently constituted political subdivisions constituted and other local units of government including and they concur in these conclusions. municipal corporations. It is possible that there might be abuses of the present SECTION 1. The legislature shall define political sub overall power now vested in the Territorial legislature. divisions of the state by general and uniform laws. This could hamper local officials in serving the best inter ests of the voters of their respective political subdivisions. This first section is strictly confined to the definition of Funds could be earmarked for particular purposes thereby political subdivisions. It does not empower the legislature depriving the political subdivisions of improvements deemed to go beyond the definition, that is, no provision shall be more important by the locally elected officials. Your Com made by the legislature as to the form and detailed manage mittee feels that policies of local expenditure should not be ment of the local subdivisions, except as provided in Section determined by a government body controlled by non-resi 2 in action on special requests and Section 3 on the taxing dents. power. The legislature is limited to defining standards, SECTION 3. The taxing power shall be reserved to the and that power may be exercised only by laws general and state except so much thereof as may be delegated by the uniform in their application. The political effect of this legislature to the political subdivisions, and the legisla limitation is that there will be no discrimination between ture shall have the power to apportion state revenues localities. No locality meeting such standards will be pre among the several political subdivisions. cluded from becoming a political subdivision. The legisla ture will adopt by uniform laws, the conditions that a locali Your Committee gave the subject matter of this section ty will have to meet before it can become a political sub extensive consideration. It considered the financial state division. After the locality meets such conditions, it will ments of the several counties and the ideas presented to the be automatically entitled to status as a political subdivision, Committee by the finance officers of the respective counties. without further action by the legislature. Your C ommittee recognizes that complete home rule would grant broad powers of taxation to the local units of govern SEC TION 2. Each political subdivision so defined shall ment. Applied to the situation which exists in Hawaii, the have power to provide for the selection of its officials Committee found it impractical to advocate such broad and the form and management of its own affairs, by local tax power. The facts show that much of the wealth is charter, approved by majority of the voters registered produced on islands other than Oahu; that much of the taxes therein. Unless the governing body of a political sub paid in Oahu could be attributed to the other islands; and division so requests, the legislature shall enact no law that many business concerns have property located on affecting the property, finances or government of such several islands. On the basis of those findings the commit subdivision which shall be special or local in its terms tee felt that it would be inequitable to base the power of or in its effect. taxation of the political subdivisions on the present status The first sentence of Section 2 deposits a constitutional of property and earnings. Moreover, any attempt in the right with each political subdivision to adopt a charter of C onstitution to apportion property and earnings for taxation its own choosing. The Committee feels that the legislature purposes between the several political subdivisions would should establish mechanics for this including the manner of make for further confusion and injustice because of the electing a charter commission, the composition of this great interdependence of these political subdivisions. The group, their method of procedure and the means for re Committee also felt that a wealthy county owed an obliga ferring the charter to the people and should also provide tion to the state to aid the development of a poorer county. the funds therefor. This does not give the legislature These considerations constrained the Committee to leave authority to detail what shall be contained in a charter or to the entire taxing power to the state. interfere in any way with the self-determination of each This section should not be construed to give any constitu political subdivision. If a political subdivision has the tional power of taxation to the political subdivisions. It power to frame and adopt its own charter, even in the ab permits the legislature in its discretion to delegate portions 230 JOURNAL DOCUMENTS of the taxing power to the political subdivisions. The legis SEC ‘HON 4. This article shall not limft the power of the lature also has the power to apportion state revenue in legislature to enact laws of statewide concern. amounts and on such basis as it deems wise. The Commit tee felt very strongly that the Idea expressed in this section must be incorporated in some part of the C onstitution. If STANDING COMMITTEE REPORT NO. 75 ft has been incorporated in some other part of the Consti tution, the Committee will consent to its deletion from this proposal. Your C ommfttee on Printing to which was referred the following Standing Commfttee Reports and Committee Pro SEC TION 4. This article shall not limft the power of the posals, begs leave to report that said Reports and Proposals legislature to enact laws of statewide concern. have this day been printed in accordance with the second The Commfttee felt that this section should be inserted paragraph of Rule 47 (c) of this Convention: Standing Com. Rpt. No. 70, Ordinances and Continuity of Law—with Com to make clear the Committee’s position, that Section 2 of this Commfttee’s proposal does not restrict any of the mfttee Proposal No. 24; Standing Com. Rpt. No. 72—Ordi nances and Continuity of Law; Standing Com. Rpt. No. 73— powers of the legislature on state matters. with Committee Proposal No. 25; Committee on Ordinances Consideration of Lanah Careful consideration was given and Continuity of Law; Standing Com. Rpt. No. 74—with to Lanai’s petition for local self-government. Your Com Committee Proposal No. 26—Committee on Local Govern mfttee felt that the Constitution should not grant a specific ment —June 14, 1950 charter to any specific locality within the state. The legis lature will adopt by uniform laws, the condftions that a Charles H. Silva, Chairman locality will have to meet before it can be a political sub division. After the locality meets those conditions, ft will be automatically entuiled to a status as a polftical sub STANDING COMMITTEE REPORT NO. 76 division, even without the consent of the legislature. For example, should Lanai come within those uniform laws, ft would be entitied to local self-government. The Committee, Your Committee on Style to which was referred Commit therefore, recommends that the proposals and resolutions tee Proposal No. 6, dealing with the Hawaiian Homes Com relating to Lanai’s request be accepted and placed on file. mission Act, has examined the action of the C onvention and As to other proposals and resolutions above referred to, the report of the Commfttee of the Whole, and begs leave to your Commfttee recommends that they be placed on file. report as follows: Following the passage of this Committee’s Proposal on 1. That the proposal entitled Hawaiian Homes Commis First Reading by the filing thereof, your Commfttee recom sion Act be referred to the Convention for third reading in mends that the same pass on Second Reading. —June 13, 1950 the form attached (Com. Proposal No. 6, RD 1). Richard St. Sure 2. Your Committee calls attention to the following change~ C. E. Kauhane, Chairman Toshio Serixawa in style which have been made in the proposed article as Frank Y. Kam adopted on the floor of the Convention. (In reviewing the Samuel K. Apoliona, Jr., Vice-Chairman Katsumi Kometani recommended changes the Committee suggests that the Nelson K. Dol Harold W. Rice delegates compare the Style Committee’s Article XIII, Com. Aan H. Corbett Matsuki Arashiro Proposal No. 6 RD 1, with Committee Proposal No. 6). Herbert M. Richards Sakuichi Sakai a. The two sections of this proposed article have Edward B. Holroyde been numbered Section 1 and Section 2. Thos. T. Sakakihara—I do not concur. b. Two minor changes are suggested in Section 1. John R. Phillips—I do not concur. (1) Placing a comma in the seventh line after the word “that” immediately following the word “pro COMMITTEE PROPOSAL NO. 26 vided,” and (2) Placing a comma in the eleventh line after the RELATING TO LOCAL GOVERNMENT word “that,” immediately following the word “further.” RESOLVED, that the following be agreed upon as part of the State Constftution: c. One minor change is suggested in SectIon 2. (1) That the numeral “1” be inserted in the blank ARTICLE space in line six after the word “Section” and immediately after the word “hereof.” SECTION 1. The legislature shall define political sub divisions of the state by general and uniform laws. Your Committee on Style submfts the proposed article, SECTION 2. Each political subdivision so defined shall as attached, for the consideration of the Convention. have power to provide for the selection of its officials and —June 15, 1950 the form and management of its own affairs, by charter, approved by a majortty of the voters registered therein. Unless the governing body of a polftical subdivision so re Benjamin 0. Wist, Wm. H. Heen quests, the legislature shall enact no law affecting the Chairman Steere G. Noda property, finances or government of such subdivision which Nelson K. Dol, Tom T. Okino shall be special or local in its terms or in fts effect. Vice-Chairman Herbert M. Richards SECTION 3. The taxing power shall be reserved to the 3. Garner Anthony Harold S. Roberts state except so much thereof as may be delegated by the Marguerfte K. Ashford Clarence Y. Shimamura legislature to the polftical subdivisions, and the legislature Alexander Castro C. Nils Tavares shall have the power to apportion state revenues among the Randolph C rossley Cable A. Wlrtz several political subdivisions. Takao Yamauchi STANDING COMMITTEE REPORT NO. 78 231 COMMITTEE PROPOSAL NO. 6, RD 1 No. 103, relating to agriculture, conservation and land; No. ARTICLE XIII. 107, relating to water; No. 108, relating to agriculture, natural resources and conservation; No. 114, relating to the SECTION 1. [Hawaiian Homes Commission Act.] Any economic development of Hawail; No. 116, relating to lands; thing in this Constitution to the contrary notwithstand No. 121, relating to water rights; No. 127, relating to public ing, the Hawaiian Homes Commission Act, 1920, enacted by lands; No. 134, relating to the Departments of Agriculture the Congress of the United States, as the same has been or and Natural Resources; No. 168, relating to residential may be amended prior to the admission of the State, is here lands; Resolution No. 33, requesting the Senate of the United by adopted as a law of the State, subject to amendment or States to amend H. R. 49 to return to Hawaii its public lands, repeal by the legislature, provided, that, if and to the extent and as so amended, to pass said Bill. that the United States shall so require, said law shall be The following communications were received by your subject to amendment or repeal only with the consent of the Committee: a letter from Mr. Walter D. Ackerman, Jr., United States and in no other manner, provided, further, Attorney General, Territory of Hawaii, dated April 17, 1950; that, if the United States shall have provided or shall pro a letter from Dr. Gregg M. Sinclair, President, University vide that particular provisions or types of provisions of of Hawaii, dated April 25, 1950; a letter from Mr. Cohn G. said Act may be amended in the manner required for ordi Lennox, President, Board of Agriculture and Forestry, nary State legislation, such provisions or types of provisions dated April 27, 1950; a letter from Hawaii Farm Bureau may be so amended. The proceeds and income from Ha Federation, dated May 4, 1950; a letter from Chamber of waiian home lands shall be used only in accordance with the Commerce, dated May 12, 1950; a letter from Mr. Robert terms of said Act, and the Legislature may, from time to C. Hogan, Attorney-at-law, dated May 31, 1950; a letter time, make additional sums available for the purposes of from Mr. Frank G. Serrao, dated June 1, 1950; letters from said Act by appropriating the same in the manner provided Delegate Frederick Ohrt, dated June 6, 1950 and June 13, by law. 1950. SECTION 2. [Compact with the United States.] The The C ommittee held 24 meetings, usually of two hours State and its people do hereby accept, as a compact duration and participated in by all members present and with the United States, or as conditions or trust provisions frequently by guest speakers and delegates. imposed by the United States, relating to the management The following persons appeared to present their views: and disposition of the Hawaiian home lands, the requirement Mr. Dan Ainoa, Executive Secretary, Hawaiian Homes Com that Section 1 hereof be included in this Constitution, in mission; Mrs. Jean Gilbert, former City and County attorney; whole or In part, it being intended that the Act or Acts of Mr. William Jan Hull, Engineer, Castle and Cooke, Ltd.; the Congress of the United States pertaining thereto shall Mr. A. D. Castro, Chairman, Board of Public Lands; Mr. be definitive of the extent and nature of such compact, Archie Kaaua, member, Board of Public Lands; Mr. Herbert conditions or trust provisions, as the case may be. The Hiroshige, Executive Secretary, Hawaii Farm Bureau Feder State and its people do further agree and declare that the ation; Mr. Cohn G. Lennox, President, Board of Agriculture and Forestry; Mr. Will N. King, Director, Hawaiian Area spirit of the Hawaiian Homes Commission Act looking to the continuance of the Hawaiian homes projects for the Office, U. S. Department of Agriculture; Mr. Walter E. Sykes, Territorial Conservationist, U. S. Department of further rehabilitation of the Hawaiian race shall be faith Agriculture, Production and Marketing Administration; Dr. fully carried out. E. Vernon Brock, member, Board of Agriculture and Forest- try; Mr. Richard Toyoshiba, member, Board of Agriculture and Forestry; Mr. 0. E. Settee, Pacific Ocean Fisheries In STANDING COMMITTEE REPORT NO. 77 vestigation; Mr. William Kanakanui, Manager, Tuna Boat Your Committee on Printing begs leave to report that Owner’s Association; Mr. George Premo, Jr., Hawaii Fish Standing Com. Rpt. No. 76 and Article 13 of the Committee and Game Association; Dr. L. D. Bayer, Professor, College on Style have this day been printed in accordance with the of Agriculture; Dr. Eugene C. Auchter, President, Pineapple second paragraph of Rule 47 (c) of this Convention. Research Institute of Hawaii; Dr. Harold A. Wadsworth, —June 15, 1950 Dean, College of Agriculture; Dr. James H. Shoemaker, Di rector, Department of Business Research, Bank of Hawail; Charles H. Silva, Chairman Mr. John A. Meek, Territorial Lands Department; Dr. Gregg M. Sinclair, President University of Hawaii, Delegate STANDING COMMITTEE REPORT NO. 78 Frederick Ohrt, Chief Engineer and Manager, Board of Water Supply; Delegate Herbert K. H. Lee; Delegate Wm. Your C ommittee on Agriculture, Conservation and Land H. Heen; Honorable Samuel W. King, President, Constitu was composed of the following 15 members: Herbert M. tional Convention; Mr. Robert C. Hogan, Attorney-at-law. Richards, Chairman; Edward C. Bryan, Vice-Chairman; A great many of the meetings were attended by Miss Marguerite K. Ashford, Alexander H. F. Castro, Randolph Rhoda Lewis, Assistant Attorney General, and the Chair Crossley, Flora K. Hayes, Edward B. Holroyde, Teruo man and the members of the Committee have been in con Ihara, Harold T. Kido, W. Harold Loper, Richard 3. Lyman, tinuous consultation with her and we wish to express our Jr., Earl A. Nielsen, John R. Phillips, Charles A. Rice and sincere appreciation for her help. The Committee also James K. Trask. wishes to specifically thank Delegate C. Niis Tavares for The following proposals and a resolution were received his contribution in their deliberations. and considered by your Committee: Matters Referred to the Committee: The Committee re Proposals No. 18, relating to Constitutional limitation commends that all proposals and resolution be filed, save on concentration of land ownership; No. 41, relating to land; as to Proposal No. 53, and wishes to report specific action No. 53, relating to land to be included in the State of Hawaii; on each proposal as listed below. No. 54, relating to public lands; No. 67, relating to public lands and other property; No. 91, relating to fishing rights; Proposal No. 18. Relating to Constitutional Limitations No. 99, relating to health and public welfare (first section); on Concentration of Land Ownership. This proposal was 232 JOURNAL DOCUMENTS felt to be a philosophical statement and that the legislature with the theory of making residential lands available to the had sufficient power to act on matters contained therein. public but felt that public lands should first be made avail No. 41. Relating to Land. The purpose of this proposal able and that the matter of condemnation of private lands on is that the public lands be so selected as to further small any island shouid wait until the parts of the public domain farming. Part I of the Committee Proposal, Section 5, pro suitable for the purpose have been exhausted. vides that the public lands be used to further smail farming Resolution No. 33. Requesting the Senate of the United and will serve as a guide in the selection of lands. States to amend H. R. 49 to return to Hawaii its Public No. 53. Lands to be included in the State of Hawaii. This Lands, and as so amended, to pass said Bill. The Commit proposal was referred to the Committee on Miscellaneous tee understands that the point was developed before the Matters. Committee of the Senate and although the Committee is in No. 54. Relating to Public Lands• This proposal was complete agreement with the purpose of this Resolution, it redrafted as Committee Proposal No. 5; providing for the feels it should not be addressed to the present Congress as continuation of the present land laws, and referred to the it might result in delaying consideration of H. R. 49. Committee on Ordinances and Continuity of Law. No. 67. Relating to Public Lands and Other Property. COMMITTEE PROPOSAL—Part I: The Committee felt This proposal having been originally prepared by the At that it had two problems with which to deal, one, the problem torney General’s department was used as a basis for the pertaining to the legislative powers and functions and ex compilation of Part U of the Committee Proposal. ecutive powers and functions, and two, the covering of certain No. 91. Relating to Fishing Rights. This proposal was requirements of ordinances and continuity of law with par amended and a portion included in Part I of the Committee ticular reference to certain mandates contained in the State Proposal and a portion included in Part U. hood Enabling Act, H. R. 49. We, therefore, have broken No. 99. Relating to Health and Public Welfare, of which down our proposal into two parts; we recommend that Part the first section was referred to this Committee, was felt I be incorporated in the main body of the Constitution as a to be covered by Section 1 of Part I of the Committee Pro separate article, and that Part U be incorporated in the posal and by the general powers and functions of the legis Schedule of Ordinances, (the nomenclature to be determined lature. by the Committee on Style) which, although an integral part No. 103. Relating to Agriculture, C onservation and Land. of the Constitution not subject to change by the legislature, The subject matter is included in the C ommittee Proposal, is placed at the end because of the fact that the subject Part I. matters contained therein are of less importance or will be No. 107. Relating to Water was felt to be so broad, in come functus. Your Committee, therefore, presents for the light of many old Hawaiian cases as to the ownership of your consideration the following to be included as Part I: surface waters, as to be an appropriation of private proper SECTION 1. The legislature shall promote the con ty without just compensation and in violation of the federal servation, development and utilization of agricultural, constitution. mifteral, forest, water, land, fish, game and other No. 108. Relating to Agriculture, Natural Resources natural resources. and Conservation. The subject matter is covered in the Committee Proposal, Part I. This Is a general statement of principle which your Com No. 114. Relating to Economic Development of Hawaii. mittee feels should be emphasized in the Constitution. You The Committee discussed the subject matter of this pro will note that there is no restrictive language limiting the posal at great length but the consensus of opinion was that application of this philosophy only to public lands. It is the such matter was a legislattve matter, however, the Com feeling of this Committee that the State should promote con mittee, without going into a detailed study of the various servation, development and utilization of all resources of points in the proposal recommends that this be given legis the State regardless of whether said assets are publicly or lative consideration. privately owned. Your Committee feels that, should con No. 116. Relating to Lands. This proposal is of the ditions warrant, the State, for the public good, should be same nature as Proposal No. 54. It was discussed in con able to acquire private interests to promote the over-all siderable detail together with other proposals relating to. conservation, development and utilization. public lands but the Committee decided that it was stiff i Section 2. The first sentence reads as follows: cient to continue the present land laws and leave matters SECTION 2. The legislature shall commit to one or of this nature to the legislature. more executive boards or commissions full powers for No. 121. Relating to Water Rights. The Committee, the management of all natural resources owned or con after due consideration of the subject matter, felt that the trolled by the State, and such powers of disposition legislature, under Section 1, Part I of the Committee Pro thereof as may be authorized by law. posal, has fall power to act. No. 127. Relating to Public Lands. Although the Com This language definitely relates to publicly owned or mittee approved this Proposal in principle, it felt that it publicly controlled assets as it is not the intention of the was, a legislattve matter and therefore is not included in the Committee to infringe upon property rights although as in Committee Proposal. dicated in Section 1 the power of the State is not restricted No. 134. Relating to the Department of Agriculture and in acquiring control in legal manner should conditions Natural Resources. This proposal was used as a basis for warrant. much of the consideration by the Committee but was felt This section was much discussed. Debate centered on by a majority of the C ommittee to contain matters which the general principle as to whether the details of the ad should be left to the legislature. The subject matter of ministration of the State resources should be included in parts of it are contained in the Committee Proposal. the Constitution or whether this detail should be left up to No. 168. Relating to Residential Lands. The subject the legislature, subject to certain over-all methods of matter was taken into consideration together with the com management. munication on the subject and it was felt that the legislature Your C ommittee feels that the problems of dealing with will have sufficient authority to act. The Committee agreed the natural resources of the State differ somewhat from STANDING COMMITTEE REPORT NO. 78 233 those of the other administrative functions. To the extent divisions, and to landsunder the control of the State and that the laws permit the disposition, destruction or disso its political subdivisions, except as otherwise provided lution of these resources such laws are not like laws which, in this Constitution, but such legislative power shall be if unjust, are subject to correction at the next meeting of exercised only by general law, except in respect of trans the legislature. Once a piece of land is disposed of it is fers to or for the use of the State or a political subdi gone. It might take generations to remedy a destroyed vision, or a department or agency of either. forest or a contaminated water supply. Hence there was a This section reiterates the legislative power of the State desire by certain of the members of the Committee to but does provide for the restriction that in administering place fairly rigid restrictions on the administration of those or disposing of the natural resources the legislature must assets. do so by general law. This is to control dissipation of After much study by the Committee of the problems in assets by land exchanges under private laws or by home volved, the Committee felt that even though it might be de stead laws governing a particular tract of land and the like, sirable to include certain restrictions on the disposition of however, it does not require a general law for a land trans these assets the problem was so great that time did not fer between departments of government. permit adequate study. However, it was felt that even though the scope of the laws was not restricted,by com SEC TION 5. The public lands shall be used for the mitting the management of these resources to an executive development of farm and home ownership on as wide board or boards rather than to an individual, greater con spread a basis as possible, in accordance with pro tinuity of purpose would be achieved and there would be cedures and limitations to be established by law. less opportunity for unwise action than there might be with a single executive. The Committee, in its deliberations This section represents the telescoping of many ideas considered the possibility of setting up specific divisions and proposals considered by this Committee. The Commit of administration of these assets in order to obtain the tee unanimously agreed that for the public good, fee simple greatest possible efficiency with particular reference to homes and farms should be made available on as widespread conservation, but, after study, the majority rejected thin basis as possible, however, it was felt by the Committee idea feeling that the legislature should have more leeway that reasonable judgment should be exercised in the manner to consider the various ramifications. of making these lands available. The Committee considered The Commfttee understands indirectly that there is a placing in the Constitution restrictions similar to those now section being considered by the Committee on Executive imposed in section 73 of the Organic Act, somewhat modified Powers and Functions limiting the number of boards or to fit present day requirements, but, as stated earlier in commissions to be contained in the Government of the State this report, it felt that the field was so large that perforce and respectfully requests that It not preclude the establish the matter should be decided upon by the legislature. How ment of sufficient boards to administer the resources of ever, the Committee would like to recommend to the legis the State In their most efficient manner giving due consider lature that full consideration be given to certain of the re ation to the conservation of the same. strictions, and to amendments of the restrictions no* con You will also note that provision is made for the sale or tained in section 73 of the Organic Act. The consensus of leasing of these assets as may be provided by law. opinion was that the present limitation on the size of house- Section 2. The second sentence and second paragraph lots was entirely too great in general at three acres, and read as follows: in the main, should be much smaller, also new developments in intensive agricultural practices and emphasis on di The legislature need not commit to such boards or com versified farming should generally permit the reduction in missions the jurisdiction over resources set aside for the maximum size of farms from the present 80 acres of public purposes other than those of conservation. agricultural land, as well as the reduction in size of home Resources which by authority of the legislature are steads of first class pastoral lands from a maximum of owned by or under the control of a political subdivision, 500 acres per homestead. The thought of the Committee is or a department or agency thereof, are not covered by that the more families are placed as independent land thin section. owners on the public domain, the more stable the economy of the State will be. One other temporary disposition of The second sentence and the second paragraph of Section assets, namely, leases and licenses, was discussed. There 2 merely permit the legislature to omit from committing to were differences of opinion as to whether the present re boards or commissions assets under the control of politi striction of 15 years on government leases on agricultural cal subdivisions or set aside for specific public purposes lands and 21 years on other leases and licenses permitted other than those of conservation, for example, land set a- the best utilization of those areas. The Committee felt side for airports. that this deserves further study by the legislature although SECTION 3. All fisheries in the sea waters of the some felt that longer leases should be granted because it State not included in any fish pond or artificial inclosure would permit the lessee to be subjected to greater require shall be free to the public, subject to vested rights and ments of improvements to be made, which would accrue to the right of the State to regulate the same. the benefit of the State. Such improvements would not only increase the value of the assets themselves, but also in In some State constitutions the subject of fishing, in some cases would lead to greater ultimate utilization by the cluded in Section 3, is covered under the Bill of Rights. people of the State, for example, by improvements such as The continuity of the purpose is expressed in the Organic the filling or draining of swamps or destruction of noxious Act relative to sea fishing. Your Committee feels that this growth on pasture lands. It was also felt by some members is a matter of concern which not only governs the rights that where the lease required the expenditure of substantial of individuals to fish but also permits the State regulation sums for improvement and development, that the legislature of the conservation and development of a natural resource. could empower the administrative board to fix, by the vote SECTION 4. The legislative power of the State shall of substantially more than a majority of the board, a longer extend to lands owned by the State and its political sub- term of lease than otherwise would be authorized. 234 JOURNAL DOCUMENTS Some of the members were not in accord with the con The fifth section of Proposal 67 also has been omitted; clusions set forth but felt that the agricultural lands, if your Committee is informed that the Committee on Ordi developed for homesteading purposes to the fullest extent nances and Continuity of Law has framed a Committee possible, would render the leasing of lands unnecessary Proposal having to do with authorization to represent the within a relatively short term of years. Territory in the matter of selection of lands and the obtain Restrictions as to the acquisition of homestead lands by ing of title to lands, pending action by the legislature with corporations were also discussed and it was felt that since respect to such representation. this was closely aligned with financing and other problems The fourth section of Part H is a new provision framed of the individual homesteader that the extent of such re by the Committee, requiring the condemnation of vested striction should be left to the legislature. It was felt by the rights in sea fisheries. majority members that the legislature should provide for Following the passage of this Committee Proposal on the reactivation of the Farm Loan Board. First Reading by filing thereof, your Committee recom The wording at the end of the sentence “in accordance mends that the same pass on Second Reading. —June 15, 1950 with procedures and limitations to be established by law” was installed to definitely indicate to the legislature that the Herbert M. Richards, Teruo Ihara mandate contained in the first portion of the sentence did Chairman Harold T. Kido not mean immediate disposition of the resources but that it Edward C. Bryan, W, Harold Loper should be handled in an orderly manner which should not Vice-Chairman Richard I. Lyman, Tr. disrupt the over-all economy of the State, or lead to the de Alexander Castro Earl A. Nielsen velopment of farms that have no prospect of permanent Randolph C rossley Tohn R. Phillips success. For example, the Committee discussed the matter Flora K. Hayes Charles A. Rice of breaking up large tracts of public lands now being oper Edward B. Holroyde Tames K. Trask ated by a single corporation which is providing livelihood Marguerite K. Ashford—I disagree with Section 2, Part for many of the citizens of the State. The partial subdivision H on the ground that it recognizes the propriety of of such a tract, if improperly made, might destroy the corpo classification by the accident of race, disregards the ration and the jobs created by it without benefit to the home trust in our public lands with which the United States steaders themselves, similar to that which occurred in is charged by the Newlands Resolution, and constitutes Waiakea. Such a situation could occur at Kekaha. The Com a restraint upon the sovereignty of the State. mittee felt that these are problems as to which the legisla ture should be cautioned, it being the intent of this section that the legislature shall develop a sound plan before COMMITTEE PROPOSAL NO. 27 putting this section into execution. RELATING TO AGRICULTURE AND NATURAL RESOURCES COMMITTEE PROPOSAL—Part H: Part H is a redraft RESOLVED, that the following be agreed upon as part of Proposal 67 and is for inclusion in the Schedule at the of the State Constitution: end of the Constitution. ARTICLE. PART I The purpose of Partil is to incorporate in the Constitution provisions as to the public lands and other public property re SECTION 1. The legislature shall promote the conser quired in order to conform with the Statehood Enabling Biil, vation, development and utilization of agricultural, mineral, H.R. 49,in the form now pendingbefore the SenateCommittee forest, water, land, fish, game and other natural resources. on Interior and Insular Affairs, including proposed amend SECTION 2. The legislature shall commit to one or ments being considered by that Committee. (References in more executive boards of commissions full powers for the this report are to “Committee Print A” of May 23, 1950.) management of all natural resources owned or controlled The first section of Part H Is derived from the second by the State, and such powers of disposition thereof as section of Proposal 67 and carries out the provisions of may be authorized by law. The legislature need not commit the Enabling Bill appearing on Page 9, lines 13 to 19, Page to such boards or commissions the jurisdiction over re 12, lines 12 to 23 and Page 13, line 20 to Page 14, line 17, sources set aside for public purposes other than those of insofar as such provisions of the Enabling Bill relate to the conservation. cession to the United States, or retention by the United Resources which by authority of the legislature are States, of property set aside for use of the United States. owned by or under the control of a political subdivision, or Minor changes have been made in this sectioa to conform a department or agency thereof, are not covered by this to the proposed amendments contained in the committee section. print to which reference already has been made. The second and third sections of Part II are derived SECTION 3. All fisheries in the sea waters of the State from the third section of Proposal 67 and carry out the not included in any fish pond or artificial inclosure shall be provisions of the Enabling Bill, Page 15, line 11 to Page 16, free to the public, subject to vested rights and the right of line 6 and Page 13, lines 2 to 5. Your Committee has the State to regulate the same. omitted Section 3-C of Proposal 67 which was framed with SECTION 4. The legislative power of the State shall ex the intent of conforming to any new and further conditions tend to lands owned by the State and its political sub imposed by Congress with respect to the use by the State divisions, and to lands under the control of the State and its of the proceeds of its lands. The reason for omitting this political subdivisions, except as otherwise provided in this subsection is that your Committee deems it unwise to C onstitution, but such legislative power shall be exercised attempt to anticipate such further conditions or to agree to oaly by general law, except in respect of transfers to or for them in advance. Other changes have been made to more the use of the State or a political subdivision, or a depart closely conform these sections to the provisions of the En ment or agency of either. abling Bill as proposed to be amended. The first, fourth and sixth sections of Proposal 67 have SEC TION 5. The public lands shall be used for the de been omitted asunnecessary. velopment of farm and home ownership on as widespread STANDING COMMITTEE REPORT NO. 79 235 a basis as possible, in accordance with procedures and STANDING COMMITTEE REPORT NO. 79 limitations to be established by law. Your Committee on Industry and Labor to which was PART U referred section 4 of Proposal No. 4 and section 20 of SECTION 1. Any lands or other property in the Terri Proposal No. 97, begs leave to report as follows: tory of Hawaii, set aside by Act of Congress or by Ex The following communications were referred to your ecutive Order or Proclamation of the President or the C ommlttee: Governor of Hawaii, pursuant to law, for the use of the Miscellaneous Communication No. 5: a letter from United States, whether absolutely or subject to limitations, Mr. Henry B. Epstein, Regional Director, United Public and remaining so set aside immediately prior to the ad Workers of America, C. I. 0., dated April 4, 1950. Miscel mission of the State, shall be and become the property of the laneous Communication No. 7: a letter from Mr. A. S. United States, absolutely or subject to such limitations, in Reile, Secretary, Central Labor Council of Honolulu, dated the manner following, that is to say, that insofar as, im April 12, 1950; a letter from Delegate Jack H. Mizuha, mediately prior to the admission of the State, the title to Chairman, Committee on Bill of Rights, dated April 19, such lands or other property is in the Territory of Hawaii 1950; a letter from Mr. A. S. Reile, Secretary, Central or a political subdivision thereof, the State and its people Labor Council of Honolulu, dated May 8, 1950; a letter do hereby cede to and vest in the United States absolute from Mr. Dwight C. Steele, President, Hawaii Employers title thereto or an interest therein conformable to such Council, dated May 16, 1950. limitations, as the case may be, and insofar as, immediate ly prior to the admission of the State, the title to such lands The following persons appeared to present their views: or other property is in the United States, the State and its Mr. I. Edward Collins of Smith, Wild, Beebe and Cades, people do hereby agree and declare that, if such land or Attorney, speaking in behalf of industry; Mr. Charles H. other property is not restored to its previous status by Kendall, Executive Director of the HGEA; Mr. John A. direction of the President of the United States within the Owens, representing Central Labor Council of Honolulu; period provided by the C ongress of the United States for Mr. Lawrence Shigeura, representing C entral Labor Council the continuation in effect of the provisions of section 91 of of Honolulu; and Mr. Dwight C. Steele, President, Hawaii the Hawaiian Organic Act, as amended, which authorize the Employers Council. President to so restore lands set aside for the use of the The Committee held 15 meetings, two of which were held United States, the United States may retain absolute title jointly with the C ommittee on Bill of Rights, usually of two thereto or an interest therein conformable to such limit hours duration and participated in by all members present ations, as the case may be. and frequently by guest speakers and delegates. SECTION 2. The lands for which the State, upon its ad Section 4 and Section 20 of said Proposals relate to the mission, is to be issued patents, and the income from and right to organize and bargain collectively. proceeds of such lands, shall be held or used for one or At the very outset there was strenuous opposition to in- more of the following purposes as the legislature may pro corporation of the right into the Bill of Rights. Those in vide: for the support of the public schools or other public opposition to incorporation felt that it was not one of the in educational institutions, which schools and other education herent rights, particularly as it related to collective bargain al institutions, so supported in whole or in part, shall for ing; that the words “collective bargaining” had no fixed ever remain under the exclusive control of the State; for meaning and the concept was, in fact, in a fluid state, being the betterment of the conditIon of native Hawailans, as de constantly subject to interpretation by administrative fined in the Hawaiian Homes Commission Act, 1920, as boards and the courts of the country; and that the right was amended; for the development of farm or home ownership covered by other provisions in the Constitution, to wit: The on as widespread a basis as possible; for the making of right to peaceful assembly, civil rights, etc. public improvements; or for the provision of lands for Those who favored incorporation believed the right to be public use. No part of such proceeds or income shall be an inherent one; that the right to organize carries with it the used for the support of any sectarian school, college or corollary right to bargain collectively; that even members of university. industry who testified before the committee stated that the right to organize is an inherent right. SECTION 3. The lands and other property the final de By a 6 to 5 vote, the Committee decided against incorpora termination and disposition of which shall not have been tion of the right to organize and bargain collectively in the made by the Congress of the United States upon the ad Bill of Rights. mission of the State, shall, pending such final determi Those voting against incorporation are as follows: nation and disposition, continue to be administered in James F. Gilliland, Edward C. Bryan, Randolph Crossley, accordance with the laws applicable thereto immediately Nils P. Larsen, W. 0. Smith and Henry A. White, 6. Those prior to the admission of the State, except as the Congress voting for incorporation are as follows: Matsuki Arashiro, may consent to an amendment of said laws, and no pro Frank C. Luiz, Earl A. Nielsen, Harold S. Roberts and vision of this Constitution for the discharge of powers or Chuck Mau, 5; total, 11. functions other than in accordance with such laws, shall, without the consent of Congress, apply to the lands or The Committee then considered whether the right should property so administered. be incorporated into the Constitution. By a vote of 6 to 5, the Committee agreed to incorporate SECTION 4. All vested rights in fisheries in the sea the right into the Constitution. waters not included in any fish pond or artificial inclosure Those voting for are as follows: Matsuki Arashiro, Nils shall be condemned to the use of the public upon payment P. Larsen, Frank C. Lulz, Earl A. Nielsen, Harold S. of just compensation, which compensation when lawfully Roberts and Chuck Mau, 6. Those voting against are as ascertained shall be paid out of any money in the treasury follows: James F. Gilliland, Edward C. Bryan, Randolph of the State of Hawaii not otherwise appropriated. Crossley, W. 0. Smith and Henry A. White, 5; total, 11. 236 JOURNAL DOCUMENTS Section 4 of Proposal No. 4 reads as follows: recognize that this right like many others is not an absolute right but subject to reasonable regulation in the public inter Citizens shall have the right to organize, except in est. It was suggested that the section read: “Employees in military or semi-military organizations not under the private employment and employers shall have the right to supervision of the state, and except for purposes of re organize for the purpose of bargaining collectively, subject sisting the duly constituted authority of this State or of to reasonable regulation by the legislature in the public the United States. Employees shall have the right to interest.” organize and to bargain collectively through representa On motion it was voted to read as follows: “Persons in tives of their own choosing. private employment shall have the right to organize for the Section 20 of Proposal No. 97 reads as follows: purpose of collective bargaining, as prescribed by law.” During the discussion, it was generally agreed that the Persons in private employment shall have the right to words “as prescribed by law” permitted the legislature to organize and bargain collectively. Persons in public prescribe reasonable regulations concerning the right to employment shall have the right to organize, present to organize for the purpose of collective bargaining. and make known to the State or any of its political sub divisions or agencies, their grievances and proposals On motion to adopt the amendment, the vote was 6 to 2, through representatives of their own choosing. Those voting for are as follows: Edward C. Bryan, Randolph Crossley, James F. Glililand, Nils P. Larsen, Since Proposal No. i82, although not officially referred W. 0. Smith and Henry A. White, 6. Those voting against to your Committee, seeks to declare the same right stated are as follows: Harold S. Roberts and Chuck Mau, 2. The in section 4 of Proposal No. 4 and section 20 of Proposal Following were absent: Matsuki Arashiro, Frank C. Luiz No. 97, and was discussed in detail by your Committee, we and Earl A. Nielsen, 3; total, 11. feel that a report on Proposal No. 182 will cover and dis pose of said sections 4 and 20. The third sentence states that employees in public em Proposal No. 182 reads as follows: ployment shall have the right to organize and to present and make known to the state its grievances and proposals. All persons shall have the right to organize, except in The Committee recognizes that the rights of private em military or semi-military organizations not under the ployees and public employees have to be regarded in a supervision of the State, and except for purposes of re different light. Public employees have many of their con sisting the duly constituted authority of this State or of ditions of employment prescribed by ordinances or statutes the United States. Persons in private employment shall and do not, in the full sense of the term, bargain collective have the right to organize and bargain collectively. ly with employers. The employers technically are the state Persons in public employment shall have the right to and its political subdivisions and there has been no recogni organize, to present to and make known to the State, or tion of the use of economic power by employees in the public any of its political subdivisions or agencies, their griev service such as has been recognized between private em ances and proposals. ployees and private employers. As will be noted, Proposal No. 182 consists of three It was not the intent of the Committee to limit the rights sentences: of public employees but to recognize rights which are at The first sentence recognizes the right of all persons to present accepted. The same, of course, is true of the rights organize, and recognizes the right of free association for of private employees. The right to organize and to bargain mutual objectives. A limitation is placed on the right to collectively is recognized in national policy, both under the organize where military or semi-military organizations not Wagner Act and under the Taft-Hartley Act. The right has under the supervision of the state are involved. An ex been recognized by the decisions of the Supreme Court of ception is also made of organizations which have for their the United States. purpose, and are organized to resist the duly constituted Attached to, and made part of this report are separate authority of the state or of the United States. The purpose statements setting forth the majority and minority opinions of such an exception is to deny the right of organization to on the question “Should the Constitution contain a provision military or semi-military organizations which seek to over on the Right to Organize and Bargain Collectively?” The throw our form of government by force or violence. Al majority of the Committee voted for its inclusion. though the Constitution recognizes the right of groups to Following this action by the majority, those voting in the organize, it specifically limits that right where the organi minority agreed, that if the article is to be written into the zation threatens the welfare and security of the state or of C onstitution it should be in a separate article on Industry the Federal government through violence or force of arms. and Labor and should be in the form set forth in the Com After discussion it was decided to eliminate this first mittee Proposal. Those voting in the majority for the in sentence. It was pointed out that the Bill of Rights Commit clusion of the article did not all agree on the language. tee also recommended its deletion. Their first preference was for the draft of Proposal 97, The second sentence states that persons in private em section 20; their second preference was for the qualifying ployment shall have the right to organize and bargain col language “subject to reasonable regulation by the legisla lectively. During the discussions of the committee, the ture, in the public interest.” suggestion was made that the wording be modified to read: Your Committee, therefore, recommends that the Com “The right to organize for the purpose of collective bargain mittee Proposal, attached hereto, be adopted and placed ing.” The language was not intended to limit the right of under an article designated “Industry and Labor.” organization but to indicate the major purposes of organi zations of persons in private employment which is directed Disposition of Other Proposals: Other proposals had to collective bargaining. been referred to your Committee and as to them, your Com The question was also raised as to whether or not the mittee begs leave to report as follows: No. 37, relating to recognition of this right to organize and bargain collective the eight hour day on public works; No. 38, relating to ly would preclude any regulation by the State in the public minimum wage laws for women and minors; No. 46, relating interest. Language was therefore incorporated which would to qualifications’ for domestic stockholders. STANDING COMMITTEE REPORT NO. 79 237 Your Committee filed the above proposals because they The Committee’s efforts have been successful in such contained purely legislative matters. (Standing Corn. Rpt. directions as recruitment of workers for military projects No. 29) in the forward areas of the Pacific in Hawail, in achieving Proposal No. 29, Relating to Labor: This proposal cooperation of military authorities to place higher priorities covers the right of every person to be free to obtain em on projects within the Territory which will create maximum ployment whenever possible, the right to work regardless employment, in encouraging and expediting public works, of membership or non-membership in any labor union and urban redevelopment and conservatidn projects in the the right to organize and bargain collectively. Islands, in initiating a program to stimulate renovation and improvement of property by individuals in the community, Your Committee recommends that this proposal be filed and action in other potentially productive directions. on the grounds that the subject matters involved are either It is notable that at least a start has been achieved in not proper for inclusion in the Constitution or are covered reducing unemployment In the Territory. The Department by other proposals before your Committee. of Labor and Industrial Relations estimated 33,451 unem Proposal No. 25, Relating to the right to organize and the ployed on January 31, and 29,985 unemployed on March 31. right to work: Your Committee recommends that this Pro Further, we believe that the long range studies, sponsor posal be filed since the subjects mentioned therein are ed by the Territorial Industrial Research Advisory Council, covered by other proposals submitted to your Committee. created by the 1949 session of the Legislature, with an ap Proposal No. 191, Relating to full employment: This propriation of $370,000 may create means to accelerate proposal was introduced by Delegate James K. Trask at the agricultural and industrial development in Hawaii. This instance and during the absence of the Chairman. The latter Council has already allocated $256,364 for developmental stated that the wording did not set forth his ideas. Your research projects, described as forming the following Committee recommends that this proposal be filed. pattern: The Chairman thereafter submitted two alternative pro 1. Development of superior processed products, through posals. The first set up an Economic Board limited to making recommendations to the Executive and the Legisla the work of a canning and freezing laboratory, studies in the handicraft field, and research on production of animal feed ture on the ways and means of developing the economic re sources of the State and to meet unemployment and its from fishery and sugar cane by-products. attendant consequences. Objections thereto were based on 2. Development of Improved treating, packing, packaging, the proposition that the Executive and Legislative now have and handling of a wide range of products such as tropical the power to do what is called for in the proposal; and that fruits, flowers and foliage to assure utmost salability and private industry is constantly studying ways and means to prevention of spoilage. improve and develop economic resources; and that this 3. Studies of market possibilities on the mainland for Hawaiian products, with the development of the most effec - creates another “bureaucratic” department. tive sales methods. The second proposal was the creation of a board consist ing of representatives of Management, Labor and the Public In addition we find that well over $3,000,000 annually is to recommend to the Governor and the Legislature ways being spent in the Territory on continuing research and de and means to combat unemployment. Similar objections velopmental activities by such public and private bodies as were raised to this proposal, including the mandatory nature the Extension Service and Experiment Station at the Uni of the proposal. versity, the Board of Agriculture and Forestry, the Visitors The Chairman and Delegate Nils P. Larsen stated that Bureau, and the activities of the sugar, pineapple and other unemployment was fraught with danger to our government; industries, Chambers of Commerce and the Hawaiian Eco that the unemployed become easily susceptible to ideas nomic Foundation. foreign to those in a democracy; that the proponents of such It is encouraging that the islands’ tourist business, in ideas or the “rabble-rousers” seek to set the stage for the recent seasonal peak months, has broken ail previous re acceptance of foreign “isms;” that therefore such a board cords, aided by the Visitors Bureau, for which the Legisla or commission should be created in the Constitution so ture appropriated $500,000 for the biennium. It is notable that the Executive and the Legislative cannot avoid con that the Bureau announces it is making concentrated efforts tinuous attention to a problem vital to the well being of the to encourage the building of medium-priced tourist facili community. ties, and directing its promotional efforts to reach the large No member of the Committee disagreed with the purpose numbers of middle income travelers who might come to of the proposal, but objectors maintained, however, that the Hawaii. Executive or the Legislative could handle the problem. Having studied the work underway, it is the consensus The Committee gave serious consideration to constitu of the majority of this Committee that stimulation and co tional provisions looking to economic development in the ordination of efforts to achieve economic development and Territory and increase of employment opportunities. full employment for the people of the Territory has been, Members of the Committee have surveyed activities and should continue to be, regarded as a major responsibili presently in progress in that field. ty of the government of Hawaii. The Committee is impressed with the work of the Terri Nevertheless, the majority of the Committee believes torial Full Employment Committee, appointed by the Gover that any effort to specify in the Constitution, beyond the nor December 1, last, to “formulate and coordinate a pro general welfare provision setting forth the responsibility gram to alleviate unemployment.” This Committee includes of the state government to act in the general welfare, would representatives of labor, management and the government. be impr3ctical, and might handicap the legislature in the Reports of the Territorial Full Employment Committee future. It appears highly impractical to set down specific show that it has been engaged in intensive effort to stimulate permanent principles, or specify certain governmental employment, working on both short range and long range agencies to act in such abroad andconstantly changing field prospects. Its task force of technical experts, headed by as economic development over the years ahead. Mr. James H. Shoemaker, is making careful studies of The majority of the Committee, however, having thorough Hawaiian potentials. ly explored this problem, takes this occasion to recommend 238 JOURNAL DOCUMENTS the following for the serious consideration of the next 3. The right is not fixed or well defined. session of the Legislature: 4. The right will prevent the State to protect itself from 1. The work of the Industrial Research Advisory Council abuse by unions or employers. should be continued. While major developmental activities 5. The right is not found in many constitutions. should be carried out by such public and private organizations The majority suggests to the members of the Convention as now exist, there is a clear need for a coordinating acti that these arguments are of insufficient weight compared to vity, as provided by the Industrial Research Advisory Coun the vital need of protecting the right to organize and to cil. bargain collectively in our fundamental law. Let us briefly 2. Consideration should be given to legislative provision examine these arguments. for an Employment Opportunity Committee, or similar public body. The present committee is voluntary, and appears to 1. The right is already accepted by statutory enact have been somewhat handicapped by the necessity of entire ments: It has been contended by some that since this right reliance upon voluntary staff assistance. Nevertheless, the has been accepted by the Federal government in existing major activity of such a group should be based on achieving statutes and by the Territory of Hawaii in territorial laws, the fullest possible voluntary participation of all available that there is no need for its incorporation in the Constitu community groups, because it can be successful only as it tion. Such reasoning is, of course, equally applicable to achieves such broad participation, but an adequately paid many provisions which may be incorporated in the Consti staff should be provided. tution. A Constitution, it is recognized, deals with more fundamental questions than matters subject to statutory Department of Labor: It is the consensus of your Com regulation and constant change. It Is the position of those mittee that labor and industrial relations lie at the core of who favor the inclusion of this section that the right to or our economic problems and their vital importance to our ganize and bargain collectively is of fundamental importance. people as a whole cannot be minimized. It is, for that reason, that we urge its incorporation in the Your Committee, therefore, strongly recommends that Constitution. a Department of Labor and Industrial Relations be provided 2. The right is already protected in other sections of for with full powers to meet the problems involved in labor the Bill of Rights: It has been contended by some of those and industrial relations, and that if specific provision is opposing the incorporation of this section that this right has not made for such department in the Constitution, then a already been incorporated in other sections of the Bill of recommendation to that effect be submitted to the Legisla Rights, and, there is no need therefore, for any further ture. elaboration of this right. It might be equally well argued Industrial Accident Board: The Chairman introduced that since this proposal is already incorporated that there for discussion a provision on an Industrial Accident Board ought to be no further objections to its inclusion in a form similar to the provision in the California Constitution. which clarifies and succinctiy presents the concept which Your Committee recommends filing this proposal on the has been widely accepted, with which employers and unions ground that it is legislative in character. —June 15, 1950 are in general accord, and which may be easily understood Chuck Mau, Randolph Crossley by employees, employers and the general public, which Chairman Nils P. Larsen ultimately has to ratify this Constitution. lames F. Gilliland, Earl A. Nielsen 3. The right is not fixed or well defined: It has been Vice-Chairman Harold S. Roberts contended by some that the concept of collective bargaining Edward C. Bryan W. 0. Smith is a concept which is not static or fixed. That is quite true. Henry A. White The fact that a concept is not completely fixed or adjudicat ed does not mean that it has no place in our fundamental COMMITTEE PROPOSAL NO. 28 law, such as our Constitution. One has but to read recent decisions of the Supreme Court of the United States which RELATING TO RIGHTS OF PERSONS TO ORGANIZE is still adjudicating questions on the meaning and application RESOLVED, that the following be agreed upon as part of the rights of free speech, religious freedom, etc., in our of the State Constitution: changing times to recognize that many concepts in our Bill of Rights are not fixed. There are no fixed or unchanging ARTICLE concepts in a dynamic and changing society. SECTION . Industry and Labor. Persons in private The decision of the Supreme Court in the Whitney case employmentiiThff have the right to organize for the purpose recognizes that fixed standards are hard to establish. of collective bargaining, as prescribed by law. Persons in This court has not yet fixed the standard by which to public employment shall have the right to organize, to pre determine when a danger shall be deemed clear; how sent to and make known to the State, or aily of its political remote the danger may be and yet be deemed present; subdivisions or agencies, their grievances and proposals. and what degree of evil shall be deemed sufficientiy sub APPENDIX NO. 1 stantinl to justify resort to abridgment of free speech and assembly as the means of protection. To reach Statement in support of the majority that “The sound conclusions on these matters, we must bear in right to organize and bargain collectively” should mind why a state is, ordinarily, denied the power to be included in the Constitution of the new State of prohibit disseminatin of social, economic and political Hawaii. doctrine which a vast majority of its citizens believes The majority has examined the arguments of those op to be false and fraught with evil consequence. —Brandeis, I posed to the inclusion of such a section. These may be concurring in Whitney v. People of State of California, summarized as follows: 274, U.S. 357, 374, 47 5. Ct 641, 648, 71 L.Ed. 1905 (1927). 1. The right is already accepted by statutory enactments. 2. The right is already protected in other sections of the 4. The right will prevent the State to protect itself from Bill of Rights. abuse by unions or employers: It has been contended by STANDING COMMITTEE REPORT NO. 79’ 239 some that this section should not be incorporated in the Con representatives of their own choosing. stitution because ft would take away the right of the state c. New Jersey, Article I, Section 19: Persons in to regulate, in the public interest, the activfties of employ private employment shall have the right to organize and ers and employees In the field of labor and management re bargain collectively. Persons in public employment shall gulation. This group contends that rights established in the have the right to organize, present to and make known to Constitution are rights which the legislature may under no the State, or any of ifs polftical subdivisions or agencies, circumstances qualify. their grievances and proposals through representatives Those of us who favor the inclusion of this section re of their own choosing. cognize that the incorporation of a provision in the Constitu It might also be pointed out that although these states tion does limit regulation by the state. We recognize that have specifically recognized the right of employees to or these limitations are not absolute limitations. Rights are ganize and bargain collectively that such recognition has relative terms and must be examined in the light of other not prevented reasonable regulation by the state. The courts parts of the Constitution and the total public interest. Such have recognized that reasonable regulation in the public in a concept has been generally recognized by the Courts. The terest is within the power of the state in carrying out its Supreme Court of the United States has said: general functions in the interest of all ifs citizens. It is a fundamental principle, long established, that The Supreme Court of the State of Missouri in 1947 in the freedom of speech and of the press which is secured the case of City of Springfield, Missouri vs. H. Clowes et al by the Constitution, does not confer an absolute right to (356 Missouri i239) held that Article I, Section 29 of the speak or publish, without responsibilily, whatever one Missouri Constitution which provides that “employees shall may choose, or an unrestricted and unbridled license have the right to organize and to bargain collectively through that gives immunity for every possible use of language representatives of their own choosing” (Missouri Constitu and prevents the punishment of those who abuse this tion adopted in 1945, Article I, section 29) does not apply to freedom.—Sanford, 3., inGitlow v. People of State of municipal employees but was intended merely to safeguard New York, 268, U.S. 652, 666, 45 S. Ct 625, 630, 69 L. collective bargaining as the term was usually understood. Ed. 1138 (1925). The same Court in the case of King et al vs. Priest et al (357 Missouri 68) reaffirmed its position in holding that the The same is also expressed in the Schenck case, in which Constitution did not give employees of the police department Justice Holmes made the following announcement. the right to organize and bargain collectively. The most stringent protection of free speech would The original proposal at the Missouri Constitutional Con not protect a man in falsely shouting fire in a theatre vention stated that there was to be “no abridgment” of the and causing a panic. right of employees to organize. This proposal was rejected The question in every case is whether the words used by the Convention on the ground that the language was too are used in such circumstances and are of such a nature comprehensive and might be construed as a limftation of the as to create a clear and present danger that they will police power of the state. The Supreme Court of the State bring about the substantive evils that Congress has a of Missouri commented as follows on the provision in the right to prevent. It is a question of proximity and de Missouri Constitution: gree.—Schneck v. United States, 249 U.S. 47, 52, 39 ~. Section 29 . . . was intended to safeguard collective Ct 247, 249, 63 L.Ed. 470 (1919). bargaining as that term was usually understood in em 5. The right is not found in many constitutions: It has ployer and employee relations in private industry. It been contended by some that since such a provision is to be is in the exact language of the N.I.R.A. Act of 1933 found in only three state constitutions that the section, there [48 Stat. 195, 198 Chapter 90, section 7 (a) (1)] the fore, should not be included. In reply, it might be pointed stated purpose of which was “promoting organization of out that the question as to whether or not a provision should industry. . . to induce and maintain unifed action of be inclu4ed in the C onstitution does not rest on ifs frequency labor and management.” in other Constitutions but rests on its desirabllfty and im The real purpose of such bargaining is to reach agree portance in framing our Constitution in order to have it ad ments and to result in binding contracts between unions opted by the people. of the Territory to meet their problems representing employees and their employer. But legis and their needs. lative discretion caunot be lawfully bargained away and It might also be pointed out that the three states which no citizen or group of cifizens have any right to a con have incorporated the right to organize and bargain col tract for any legislation or to prevent legislation. lectively are the three states which have most recenily re The Missouri Supreme Court based its conclusions on vised their C onstitutions and have incorporated these sec - two United States Supreme Court decisions: [Allen Bradley tions to indicate the general recognftion and acceptance of et al vs. Wisconsin Employment Relations Board (237 Wis. this concept in present polftical and economic thinking. The 164, 295, N.W. 791 affirmed 315 U.S. 740) Amalgamated three states are New York, Missouri and New Jersey. Utility Workers vs. Consolidated Edison Company (309 U.S. The State of New Jersey in 1947 completely revised its 261, 84 L.Ed. 732j C onstitution and included the provision which ft later - The Missouri Supreme Court further stated that all citi publicized to the people as one of the grounds for ratifica zens had the right preserved by the first amendment to the tion of the revised document. The provisions of the three United States Constitution to “organize for any proper pur states on the right to organize and bargain collectively are pose as well as to speak freely” and to present their views as follows: and desires to any public officer or legislative body. The a. New York, Article I, Section 17: ... Employees Missouri Supreme Court concluded that employees had these shall have the right to organize and to bargain collective rights before these rights were written in the section in the ly through representatives of their own choosing. Missouri Constitution. b. Missouri, Article I, Section 29: Organized Labor In New York state which also has adopted language in its and Collective Bargaining. —That employees shall have constitution to the effect that “employees shall have the the right to organize and to bargain collectively through right to organize and to bargain collectively through re 240 JOURNAL DOCUMENTS presentatives of their own choosing,” (New York Constitu Collective bargaining is a method of arriving at a bargain tion, Article I, section 17, adopted in 1938), the court stated more frequently referred to as an agreement or contract. that the constitutional provision is a Freedom of contract is a right of all the people. Bargain guarantee, in the form of the fundamental right, of some ing is not now and never has been illegal. Collective thing that both legislative policy and prevailing court de bargaining is not now and never has been illegal. Neither cisions had previously recognized.—Trustees of Columbia is organization for any lawful purpose illegal. Our present University et a? vs. Herzog et a? (46 N.Y.S. 2d 130, 53 day labor laws that deal with organization and collective N.Y.S. 2d 617). bargaining do not make lawful that which was unlawful. What those laws do is to create a duty to bargain and set In that case, it was contended that certain portions of forth the conditions under which the duty shall exist. They the State Labor Relations Act were in derogation of that make it unlawful to refuse to bargain if certain conditions part of the Constitution. The court in passing on the con are met. This duty imposed by law impairs the freedom of stitutionality of the New York State Labor Relations Act those whom it affects. The Federal Government justifies said that the constitutional provision in the New York Con this in the exercise of its power to regulate inter-state stitution accords “recognition to the right of labor to or commerce. State governments justify it in the exercise of ganize and bargain collectively which, in 1935 had found ex reserved state power to curtail the rights of individuals pression in the Labor Relations Act. The amendment was (within limits) in the interest of the general welfare of all not intended to invalidate existing legislation which imposed the people. It is strictiy a legislative function to determine a duty on employers to bargain collectively with employees the extent to which individual rights should be curtailed in even though that obligation by reason of certain exemptions the interest of the general welfare. It is a judicial function or exceptions was not in all respects oo-extensive with the to determine whether or not the legislature has exceeded rights of labor.” constitutional limits in the exercise of its powers. In the Tiofio case, the Court qualified the collective As stated above it was proposed to write into the consti bargaining rights of the employees as guaranteed by the tution a provision that persons in private employment shall Constitution and the New York State Labor Relations Act have the right to organize and bargain collectively. We op by stating that pose the inclusion of any such provision because we believe such methods must be to further lawful labor objectives that it is apt to be construed by the courts to place limi by lawful means. . . but the use of these weapons must tations upon the regulatory power of the legislature to a de not be abused. Picketing must not exceed peaceful per gree adverse to the best interests of all the people. Some suasion, and where it cannot be disassociated from vio proponents say that the provision only spells out the rights lence, its use will be prohibited. The means as well as which already exist and that the legislative function would the end must be lawful.— New York vs. Muller and remain the same. If this is so, then the provision is mean Tiofilo (286 N.Y. 281 at 287); see also Milk Wagon ingless and should not clutter up the constitution. The Drivers Union vs. Meadowmoor Dairy (312 U.S. 287). courts, however, are not apt to presume that constitutional provisions are or were intended to be meaningless and they It should be clear from this that a provision in the Con will be called upon to construe nil regulatory legislation in stitution which recognizes the right to organize and to the light of the constitutional provision if included. bargain collectively does not thereby preclude the legisla Suppose a provision were written into the constitution to ture from dealing with the problems of labor and manage - the effect that all persons shall have the right to drink ment nor restrain the Courts in giving reasonable con whiskey, or all persons shall have the right to drive auto struction to the basic purposes in the constitution protect mobiles. Those rights exist today subject to some lit ing the rights to organize and to bargain collectively. portantant exceptions and conditions. Therefore, if such The majority therefore urges the inclusion, in the Con provisions were included in the constitution, they must be stitution, of a section guaranteeing the right to organize and construed to be either meaningless or as intended to re bargain collectively. strict legislative restraint upon the free exercise of said Chuck Mau, NUs P. Larsen rights. The latter result will be injurious to the public good. Chairman Earl A. Nielsen The former result would be known only after years of litiga Harold S. Roberts tion. “Persons in private employment” constitute only a segre APPENDIX NO. 2 gated group of the people for whom the constitution is being written. Why should they be singled out for special treat Minority Report on Action of Committee on Indus ment? The only legitimate motive would be if it is calcu try and Labor Recommending Inclusion in the Con lated to benefit the people as a whole. We submit that the stitution a Proposal Relating to Right of Persons exact opposite would be the case. As a state, all intro- to Organize state employment will cease to be subject to the Federal On May 31 by a 6—5 vote the.Committee decided to in- Labor-Management Relations Act, and will be subject to the corporate a provision on the right to organize and bargain Hawaii Employment Relations Act if it continues to be the collectively in the Constitution. law. Immediately all provisions of that act which mae ex Those voting for incorporation were as follows: De ception to or curtail and condition the exercise of the right legates Matsuki Arashiro, Nils P. Larsen, Frank C. Luiz, of collective bargaining will be subject to question. Even if Earl A. Nielsen, Harold S. Roberts and Chuck Mau. ultimately by judicial interpretation such provisions are up Those voting against incorporation were as follows: De held and the constitutional provision is thus determined to legates Edward C. Bryan, Randolph Crossley, lames F. mean nothing, you will have invIted years of uncertainty and Gilhiland, W. 0. Smith and Henry A. White. perhaps chaos. If on the other hand, the courts find that the The minority voting against the inclusion of any consti constitution has deprived the legislature of Its present tutional provision with respect to the right to organize and power to regulate, that would mean special privilege has bargain collectively hereby submits a summary of their been conferred upon one group at the expense of the public reasons for being in opposition thereto. good. STANDING COMMITTEE REPORT NO. 81 241 Under the present law there is a duty to bargain with the c. In the majority report the constitutions of New York, chosen representative of a majority of the employees who New Jersey, and Missouri are cited and the sections are employed in a unit deemed appropriate for bargaining dealing with the right to bargain collectively are quoted. purposes. Certain classes of employees are excluded from It will be noted that in no instance is there any limitation such units. Thus the minority in the unit and the employees on the right to bargain, as a right, “as prescribed by excluded therefrom are not given the same rights as the law.” It will also be noted that these sections are con others. These regulations are of the utmost practical im tained in the “Bill of Rights” under those constitutions. portance. Would such regulations stand up under the pro d. The lawyers in this convention well know that the posed constitutional provision? Only time would tell. four words “as prescribed by law” could, and I venture to We submit that: guess, would be interpreted to mean that the legislature could, by law, completely remove the right to bargain 1. It has been demonstrated that the right to organize collectively! It would leave the entire matter in the and bargain collectively exists wfthout express constitution hands of the legislature. al reference. e. The addition of the four little but potent words “as 2. That those rights have been and are now protected prescribed by law” is, in my opinion, a deliberate af and enforced by appropriate legislation. front to those who basically believe in the right of col 3. That reference to those rights in the constitution will lective bargaining for labor. It is an effort to convince inevitably cause a long period of uncertainty and may very labor that they have actually achieved the recognition of well result in an undue curtailment of legislative power, a right for which they have fought and struggled for so diametrically opposed to the best interest of all the people. long. But, in fact, they have not It is simply a “now Edward C. Bryan James F. Gilliland you see it, now you don’t” affair. It is a way of saying, Randolph Crossley W. 0. Smith “why yes, you have the right to bargain collectively—if Henry A. White the law, the legislature, will let you.” Those four words “as prescribed by law” could well suck the entire yolk and white from the egg, leaving only a thin meaningless STANDING COMMITTEE REPORT NO. 80 shell. Viewed from a distance, the proposed clause may appear to have form and meaning. . . but in practical Your Committee on Printing to which was referred the application and meaning it is completely without sub following Standing Committee Reports and Committee Pro stance. posals, begs leave to report that said Reports and Proposals f. The majority report points out, and quite properly, the have this day been printed in accordance with the second reasons why the Constitution of the future State of Hawaii paragraph of Rule 47 (c) of this Convention: Standing Corn. should explicitiy state the right to bargain collectively. Rpt. No. 78—with Committee Proposal No. 27; Standing What a foolish thing to do—to point out the need for that Corn. Rpt. No. 79—with Committee Proposal No. 28. right, the justice of the right, and then to take it away by —June 16, 1950 the addition of four small but in thin case sinister and Charles H. Silva, Chairman poisonous words. g. If the right to bargain collectively is indeed a right, if indeed it properly belongs in the Constitution—then STANDING COMMITTEE REPORT NO. 81 put it in the Constitution as it stands, a pure, simple and clear statement. I, the undersigned member of the Committee on Industry h. This Constitutional Convention can do much towards and Labor caanot agree with the majority on the committee bringing about greater understanding between labor and proposal for the following reasons: management through a simple and honest statement in that labor does have the right to bargain collectively. 1. The majority report is an excellent statement on why This is a right, the recognition of which labor in Hawaii the right to bargain collectively should be in the constitu in not yet assured. A statement by thin Convention, tion. with no curves attached, no legislative power to take 2. I have no objection to the majority report as it in away that right or re-prescribe right “by law,” would be written. a fine and true expression which would greatiy ease and 3. This minority report, however, is in opposition to relieve the present conviction of many in Hawaii that the language of the final proposal attached to the majority the right to bargain collectively has not yet been accept report, and most particular to that language which states ed here in the Territory, soon to be State of Hawail. that persons in private employment shall have the right to organize for the purpose of collective bargaining “as pre 5. While this is a minority report to the proposal sub scribed by law.” mitted through the Committee on Industry and Labor, I 4. The reasons I object to the addftion of these four should like to again emphasize to the Convention as a whole, small but highly significant words are as follows: my deep feeling that the section dealing with the right to bargain collectively most properly belongs in the Bill of a. They are entirely uanecessary. If the right to bar Rights, rather than under Industry and Labor. It is included gain collectively is to be a right in fact, then it cannot be in the Bill of Rights in the three constitutions cited in the limited as a right by some legal prescription. We do not majority report. It is a clarification and expressed state have “freedom of speech, as prescribed by law.” If we ment of a right which is implicit within other portions of did, ft would take away the very right of freedom of the Bill of Rights. However, whether or not it in placed in speech. the Bifi of Rights section of the Constitution or under a b. Other basic rights are not similarly limited by the separate section on Industry and Labor, I am firmly op “four little words.” Why? Again the answer in the posed to any limitation of the right through the present same. Either you have a right or you do not. The “four little words” formula or any other formula. function of law is not to establish or limit a basic right, 6. For the above reasons, among others, I feel com but to administer and protect that right. pelled to submit to the Convention this minority report in 242 JOURNAL DOCUMENTS opposition to the proposal as worded submitted with the the only solution to such problems. The majority report majority report. would have the citizens’ only recourse against his local 7. I offer the following proposal on language as a sub government’s failure to take action on the vote that he casts stitute for the language proposed by the majority report: at election time. There are many who would say that this recourse is sufficient. In practice, and without depreciating SEC TION 7 (a). Employees shall have the right to in the least the intelligence of the voter, it just does not self-organization, to form, join, or assist labor organ work that way. We feel very strongly that there must be an izations, to bargain collectively through representatives alternative available to the individual citizen, and we feel of their own choosing, and to engage in concerted ac equally strongly that the Legislature has, as that alternative, tivities, for the purpose of collective bargaining or other efficiently performed that function in the past and should~ mutual aid or protection. USCA, Title 29, section 157. not be limited in the future. —June 16, 1950 In our Territory which is, after all, substantially a state- Frank C. Luiz type of government (excepting for the presidential appoint ment of the Governor, Secretary, and Judges) the present STANDING COMMITTEE REPORT NO. 82 division of functions and responsibilities of government between the Territory and the counties is the result of Your Commfttee on Printing to which was referred steady development since 1905 when county government was Standing Com. Rpt. No. 81 begs leave to report that said Re first instituted. Such development by acts of the Legislature port has this day been printed in accordance with the second has given us a system of government in which the details of paragraph of Rule 47 (c) of this Convention. —June 17, 1950 operation of the following functions and activities which are Charles H. Silva, Chairman often considered of a “local government” character are con ducted basically under territorial statutes and not under county ordinance: airports, principal highways, libraries, STANDING COMMITTEE REPORT NO. 83 civil service, fixing of public salaries, retirement system, police department, liquor control, public housing (H.H.A.), Your C ommfttee on Legislative Powers and Functions, public parks and recreation (City and County of Honolulu to which was referred Proposal No. 69 entiiled ‘A Pro only), public waterworks (excepting rural Oahu and Kauai), posal Relating to Legislative Powers and Functions,” and property taxes, schools and public welfare. Proposal No. 175 entitled: “A Proposal Relating to Legis Some might even argue that certain of the functions for lative Powers and Functions,” begs leave to report as which the Board of Health and the Board of Commissioners follows: of Agriculture and Forestry are now responsible are proper ly within the scope of county or town government. Your C ommittee feels that the consideration of said pro At the time of writing this minority report the report of posals should be a part of the functions of the C ommittee on the Committee on Legislative Powers and Functions had not Agriculture, Conservation and Land and, therefore, recom been released. The report of the majority of the Committee mends that said proposals be referred to the Committee on on Local Government includes a proposal with respect to Agriculture, Conservation and Land for its consideration. taxes (to be a state matter) and the reports of other com —June 17, 1950 Wm. H. Heen, Chairman mittees have provided, or are understood to provide, for state control of schools and public welfare. Proposals with respect to health and agriculture and forestry activities STANDING COMMITTEE REPORT NO. 84 may or may not be in sufficient detail to fix the functions of those departments so definitely as to leave no question as The undersigned member of your Committee on Local to whether or not certain of the present activities thçreof Government begs leave to file this minority report. may, under the Committee on Local Government’s proposal, The report of the majority of your Committee on Local be considered ‘local” in character. Government states that the Committee has been guided by With respect to most of the functions above listed, it its belief that ‘the people have the ability and have a right seems to be the present consensus of this Convention that to manage their own affairs” and that it was the consensus details ought not to be ‘spelled out” in the Constitution; of the members that the Committee should “allow as much thus, it seems clear that, if the report of the majority of independent local self-government as the welfare of the the Committee on Local Government is adopted, there will state would permit.” Although the Committee’s Proposal be a perpetual invitation to local governments to assume is drafted upon strong “homerule” lines, it does reserve control of many of the functions which are now either oper to the Legislature the power ‘to enact laws of statewide ated by the Terrftorial government or boards or com concern.” missions under Territorial statutes or operated by the We are in full accord with the principle of increased county governments or boards or commissions in a manner local self-government, but are unable to agree with the prescribed by Territorial statutes. manner in which the majority would achieve this end. The The committee’s proposal that each political subdivinion majority report would prohibit the Legislature from enact ‘shall have power to provide for the . . . form and manage ing any law, beneficial or not, respecting the activities of ment of its own affairs” and that the article ‘shail not an individual unit of government unless that action had been limit the power of the legislature to enact laws of statewide first requested by the Board of Supervisors or other govern concern” is most impracticable. The indefiniteness of the ing body of the local unit. Everyone of us will recognize line that would be established between the constitutional that the individual citizen is frequently unable to obtain a scopes of state and local governments, respectively, would satisfactory solution to particular problems presented to give the courts and attorneys a perpetual field day. his local governing body. It is in recognition of this that It is the belief of the undersigned that the entire subject the members of your territorial legislature have for many under discussion should be delegated to the Legislature years constituted an agency which not only listens to re which, according to present indications, will be comprised quests of individual citizens but furninhes in many respects of a House in which the City and County of Honolulu will STANDING COMMITTEE REPORT NO. 88 243 have a majority, and a Senate in which the outer islands T. Sakakthara, Member of the Committee on Local Govern will have a majority. Such a plan should assure well-con ment, as a minority report in connection with Committee sidered legislation because it would mean that fundamental Proposal No. 26, has been printed in accordance with the governmental policies and organization (other than as fully second paragraph of Rule 47 (c) of this Convention. set forth in the Constitution) would be determined by the —June 19, 1950 people of Oàhu alone. This Convention wifi be remies if it Charles H. Silva, Chairman adopts a Constitution worded in a manner to make it possible for Onhu alone to bring about drastic changes in presently STANDING COMMITTEE REPORT NO. 87 effective laws under the claim that “its own affairs” in cluded this or that function theretofore within the scope of the territorial government. Your Committee on Printing to which was referred Com mittee of the Whole Report No. 7 and Committee Proposal The several functions and activities listed herein are No. 8, begs leave to report that said Report and Proposal actually “of statewide concern.” If they were otherwise have this day been printed in accordance with the second the laws would not be effect. Adoption of Committee Pro paragraph of Rule 47 (c) of this C onvention. —June 20, 1950 posal 26, as presented, however, would result in continuous questioning by chartered areas as to the classification of Charles H. Silva, Chairman functions as “of statewide concern.” It is recommended that there be substituted for the four STANDING COMMITTEE REPORT NO. 88 sectiens of Committee Proposal 26 the following (one sec tion only): Your Committee on Style to which was referred Commit SECTION 1. The legislature may create counties and tee Proposal No. 3, dealing with the Bill of Rights, has ex town and city municipalities within the State and provide amined the action of the Convention and the report of the for the government thereof, and all officials thereof C ommittee of the Whole, and begs leave to report as follows: shall be appointed or elected, as the case may be, in 1. That the proposal entitled Bill of Rights be referred such manner as shall be provided by the legislature. to the C onvention for third reading in the form attached The foregoing is identical with Section 56 of the Organic (Com. Proposal No. 3, RD 1). Act excepting as follows: 2. Your Committee calls attention to the following changes in phraseology and arrangement which have been 1. The opening word “That” of Section 56 is eliminated. made in the proposed article as adopted on the floor of the 2. “State” is substituted for “Territory of Hawaii.” Convention. (In reviewing the recommended changes the 3. The words “governor and” are eliminated from just Committee suggests that the delegates compare the Style prior to the last word “legislature” in the above. Committee’s Article I, Com. Proposal No. 3, RD 1, with 4. The.words “of the Territory” are eliminated after Committee Proposal No. 1). the last “legislature.” —June 17, 1950 3. The proposed article has been designated Article I. Thos. T. Sakakihara 4. Each section has been given a subtitle. 5. In view of the fact that in several sections of the origi STANDING COMMITTEE REPORT NO. 85 nal proposal the exact language of the Federal Constitution is used, the shifting of commas to conform to modern style Your C ommittee on Agriculture, Conservation and Land standards should not be interpreted as the intention of the to which was referred Proposals Nos. 69 and 175, both en Committee on Style to depart from any interpretations titled: “A Proposal Relating to Legislative Powers and based in judicial decisions. Functions,” begs leave to report as follows: 6. The following changes in arrangement appear in the The subject matter of both proposals is the same, both proposed article: dealing with the power of eminent domain for the purpose a. Sections 5, 7 and 18 have been combined into a of condemning private land for subdivision into farms and single section, numbered 3 in the proposed article (RD houselotu. Although there is no specific reference to it in 1). The purposes of this rearrangement are: our Committee Proposal, the Committee Report at the top (1) To bring related matters together, and of Page S specifically indicates that it is the feeling that (2) To follow the more traditional practice of the the legislature “for the public good” has the powers to carry Federal Constitution. out the suggestions contained therein. b. Section 4 of the original proposal has been com The Committee, therefore, recommends that the fore bined with the second sentence of Section 6 in the pro going proposals be filed. —June 19, 1950 posed article, as Section 4. The purposes of this re arrangement are: Herbert M. Richards, Edward B. Holroyde (1) To conform to the traditional practice of the Chairman Teruo Ihara Federal Constitution, and Edward C. Bryan, Harold T. Kido (2) To bring together in one section the basic VIce-Chairman W~ Harold Loper protection to all persons, both citizens and non- Marguerite K. Asbford Richard I. Lyman, Jr. citizens. Alexander Castro Earl A. Nielsen c. The last sentence of Section 10 of the original Randolph C rossley John R. Phillips proposal is removed from that section and set up as a Flora K. Hayes Charles A. Rice separate section: Section 12 (RD 1). James K. Trash d. A new sequence of sections had been followed in the proposed article, as follows: Section 1, no change; STANDING COMMITTEE REPORT NO. 86 Section 2, no change; Section 3, original 5, 7, 18; Section 4, original 4 and part of 6; Section 5, original 8; Section Your C ommittee on Printing begs leave to report that 6, original 3; Section 7, original 6; Section 8, orIginal 9; Standing C om, Rpt. No. 84, submitted by Delegate Thomas Section 9, original 12; Section 10, no change in order; 244 JOURNAL DOCUMENTS original second sentence made a separate section; Sec naval” and “or in the militia” in line 4; substitutp a semi tion 11, no change; Section 12, second sentence of origi colon for a comma after the word “danger” in line 5; delete nal 10; Section 13, original 14; Section 14, original 17; the words “of life and limb” in line 7; substitute a semicolon Section 15, original 16; Section 16, no change; Section 17, for a comma alter the word “jeopardy” in line 7. original 13; Section 18, original 20; Section 19, no change; Section 9. Subtitle proposed: Bail, Excessive Punish Section 20, original 21. ment. The purpose of the above is to effect a more logical Section 10. Subtitle proposed: Trial by Jury, Civil arrangement of sections, setting forth the more general Cases; delete the subtitle “Jury Trial;” delete the comma rights before those of a specific nature. after the word “law” in line 1; substitute a period for the 7. Your Committee on Style recommends the changes in semicolon alter the word “preserved” in line 4; delete the phraseology and punctuation indicated below. Where line word “however” and the comma immediately following; numbers are mentioned reference is made to new sections capitalize the letter “T” in the word “The” immediately preceding the word “legislature” in line 4. as they appear in Article I (Com. Proposal RD. 1). It is the judgment of the committee that none of these changes Section 11. Subtitle proposed: Rights of Accused; insert affects the substance of the original proposal of the Com a comma after the word “trial” in line 3; substitute the word mittee on Bill of Rights. “district” for the words “judicial circuit” in lines 4, 5 and Section 1. Subtitle proposed: Political Powers; a comma 6; delete the words “in accordance with law” alter the word after the word “State” in line 2; a comma after the word “accused” in line 8; insert the word “the” after the word “thereof” in line 3; a period after the word “people” in line “with” in line 10. 3; delete the word “and” in line 3; capitalize the letter “A” Section 12. Subtitle proposed: Jury Service. in word “All” in line 3; delete the word “herein” in line 4. Section 13. Subtitle proposed: Habeas Corpus and Sus pension of Laws; substitute the word “privileges” for the Section 2. Subtitle proposed: Rights of Man; transpose word “privilege” in line 1; delete the comma after the word the word “free,” making it the fourth instead of the sixth “laws” in line 5; substitute the word “thereof” for the words word in the sentence; change the word “inalienable” to “tin- “the laws” in line 6; delete the comma after the word “laws” alienable” in line 2, to conform to Federal style; substitute in line 6. a period for the comma after the word “rights” in line 3; Section 14. Subtitle proposed: Supremacy of Civil capitalize the letter “A” in the word “Among” in line 3; sub Powers; insert the word “held” after the word “be” in line stitute the words “these rights” for the word “which” in 2. line 3; substitute the words “enjoyment of” for the word Section 15. Subtitle proposed: Right to Bear Arms; de “enjoying” in line 3; delete the words “right of” alter the lete the word “State” in line 1; substitute a small “m” for word “the” in line 5; insert the word “of” alter the word capital “M” in the word “milltia” in line 1. “possessing” in line 5; insert the word “their” alter the Section 16. Subtitle proposed: Quartering of Soldiers; word “recognize” in lines 6-7. delete the word “State” in line 2, substitute a small “m” Section 3. Subtitle proposed: Freedom of Religion, for capital “M” in the word “militia” in line 2. Speech, Press, Assembly and Petition; substitute the word Section 17. Subtitle proposed: Imprisonment for Debt. “enacted” for the word “passed” in line 1; delete the comma Section 18. Subtitle proposed: Eminent Domain. after the word “religion” in line 2; substitute a comma for Section 19. Subtitle proposed: Limitations on Special the period after the word “thereof” in 1ine3; substitute the Privileges. word “or” for the words “no law shall be passed” in line Section 20. Subtitle proposed: C onstruction. 3; substitute a comma for the period alter the word “press” Your C ommittee on Style submits the proposed article, in line 4, adding the word “or”’before the word “the” and a as attached, for the consideration of the Convention. small “t” in the word “the” before the word “right” in line —June 20, 1950 4; delete the words “or any department thereof shall never Benjamin 0. Wist, Wm. H. Heen be abridged” and substitute the words “for a redress of Chairman Steere G. Noda grievances.” Nelson K. Doi, Tom T. Okino Section 4. Subtitle proposed: Due Process and Equal Vice-Chairman Herbert M. Richards Protection; delete the comma after the word “liberty” in J. Garner Anthony Harold S. Roberts line 2; delete the period alter the word “laws” in line 4; Marguerite K. Ashford Clarence Y. Shimamura substitute the word “or” for the words “No person shall be Alexander C astro C. Nils Tavares denied” in line 4; substitute the word “or” for the word Randolph Crossley Takao Yamauchi “nor” after the word “rights” in line 4; substitute the word “thereof” for the words “of his civil rights” in lines 4-5; substitute the words “race, religion, sex or ancestry” for ARTICLE I. the words “religious principles, race, sex, ancestry, or national origin” in line 6. SEC TIOISI 1. [Political Power.] All polltical power of Section 5. Subtitle proposed: Searches and Seizures; this State, and the responsibility for the exercise thereof, delete the comma after the word “searched” in line 7; sub is inherent in the people. All government is founded on this authority. stitute the word “persons” for the word “person” in line 7. Section 6. Subtitle proposed: Rights of Citizens. SECTION 2. [Rights of Man.] All persons are free by Section 7. Subtitle proposed: Enlintment, Segregation; nature and are equal in their inherent and unalienable rights. substitute the words “race, religious principles or ancestry” Among these rights are the enjoyment of life, liberty and for the words “religious principles, race, color, ancestry, the pursuit of happiness, and the acquiring and possessing or national origin” in lines 3-4. of property. These rights cannot endure unless the people Section 8. Subtitle proposed: Indictment, Trial by Jury, recognize their corresponding obligations and responsibili Criminal Cases; delete the comma alter the word “capital” ties. in line 2; use a small “g” and “j” in words “grand jury” in SECTION 3. [Freedom of Religion, Speech, Press, line 3; substitute the word “armed” for the words “land or Assembly and Petition.] No law shall be enacted respecting STANDING COMMITTEE REPORT NO. 89 245 an establishment of religion or prohibiting the free exercise SECTION 15. [Right to Bear Arms.] A well regulated thereof, or abridging the freedom of speech or of the press, militia being necessary to the security of a free State, the or the right of the people peaceably to assemble and to pe right of the people to keep and bear arms shall not be in- tition the government for a redress of grievances. fringed. SECTION 4. [Due Process and Equal Protection.] No SECTION 16. [Quartering of Soldiers.] No soldier or person shall be deprived of life, liberty or property without ~nember of the militia shall, in time of peace, be quartered due process of law, nor be denied the equai protection of the in any house, without the consent of the owner or occupant, laws or the enjoyment of his civii rights or be discrminated nor in time of war, except in a manner prescribed by law. against in the exercise thereof because of race, religion, SECTION 17. [Imprisonment for Debt.] There shall be sex or ancestry. no imprisonment for debt. SECTION 5. [Searches and Seizures.] The right of the SEC TION 18. [Eminent Domain.] Private property shall people to be secure in their persons, houses, papers, and not be taken for public use without just compensation. effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon proba SECTION 19. [Limitations on Special Privileges.] The ble cause, supported by oath or affirmation, and particularly power of the State to act in the general welfare shall never describing the place to be searched and the persons or things be impaired by the making of any irrevocable grant of to be seized. special privileges or immunities. SECTION 6. [Rights of Citizens.] No citizen shall be SECTION 20. [Construction.] The enumeration of rights disfranchised, or deprived of any of the rights or privileges and privileges shall not be construed to impair or deny secured to other citizens, unless by the law of the land. others retained by the people. SECTION 7. [Enlistment, Segregation.] No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of race, religious STANDING COMMITTEE REPORT NO. 89 principles or ancestry. Your Committee on Style to which was referred Commit SECTION 8. [Indictment, Trial by Jury, Criminal Cases.] tee Proposal No. 8, RD 1, dealing with Suffrage and Elections, No person shall be held to answer for a capital or otherwise has examined the action of the Convention and the report of infamous crime, unless on a presentment or indictment of the Committee of the Whole, and begs leave to report as a grand jury, except in cases arising in the armed forces follows: when in actual service in time of war or public danger; nor 1. That the proposal entitled Suffrage and Elections be shall any person be subject for the same offense to be twice referred to the Convention for third reading in the form put in jeopardy; nor shall any person be compelled in any attached (Com. Proposal No. 8, RD 2). criminal case to be a wituess against himself. 2. Your C ommittee calls attention to the following SECTION 9. [Bail, Excessive Punishment.] Excessive changes in arrangement, phraseology and punctuation which bail shall not be required, nor excessive fines imposed, nor have been made in the proposed article as adopted on the cruel or unusual punishments inflicted. floor of the C onvention. an reviewing the recommended changes the Committee suggests that the delegates compare. SECTION 10. [Trial by Jury Civil Cases.] In suits at the Style Committee’s Article VII, Com. Proposal No. 8, common law where the vaiue in controversy shah exceed RD 2, with Committee Proposal No. 8, RD i). one hundred dollars, the right of trial by jury shall be pre 3. The proposed article has been designated Article VII. served. The legislature may provide for a verdict by not 4. The following changes and additions have been made less than three-fourths of the members of the jury. in subtitles: SECTION 11. [Rights of Accused.] In all criminal pro Section 1 “Qualifications” is substituted for “Qualifica secutions, the accused shall enjoy the right to a speedy and tion of Voters;” Section 2, “Disqualifications” is substituted public trial, by an impartial jury of the district wherein the for “Disqualification of Voters;” Section 3, no change; Sec crime shall have been committed, which district shall have tion 4, “Registration, Voting” is substituted for “Regis been previously ascertained by law; or of such other district tration; Voting;” Section 5, the subtitle “Elections” is added. to which the prosecution may be removed with the consent 5. Your Committee on Style recommendd the changes in of the accused; to be informed of the nature and cause of the arrangement, phraseology and punctuation indicated below. accusation; to be confronted with the witnesses against him; Where line numbers are mentioned reference is made to to have compulsory process for obtaining wiinesses in his the revised sections as they appear in Article VII (Com. favor, and to have the assistance of counsel for his defense. Proposal No. 8, RD 2). It is the judgment of your committee that none of these changes affects the substance of the origi SECTION 12. [Jury Service.] No person shall be dis nal proposal of the Committee on Suffrage and Elections, qualified to serve as a juror because of sex. as approved by the Convention on second reading. SECTION 13. [Habeas Corpus and Suspension of Laws.] Section 1. The phrases separated by semicolons The privileges of the writ of habeas corpus shall not be (numbered 1, 2, 3, 5) have been merged into a single sen suspended, unless when in cases of rebellion or invasion tence to include the whole substance of these phrases. This the public safety may require it. has been done to avoid the uanecessary use of numbers, to The power of suspending the laws or the execution there avoid the duplication of the words “shall be,” and for pur of shall never be exercised except by the legislature, or by pose of better language construction. Item 4 of the original authority derived from it, to be exercised in such particular draft has been retained as a separate sentence, but not cases only as the legislature shall expressly prescribe. numbered. The words “and a registered voter” have been SECTION 14. [Supremacy of Civil Power.] The military changed to “and is a voter registered.” The comma after power shall be held in strict subordination to the civil the word “voters” has been deleted. The original words power. “In order to be qualified to vote in any state or local elec 246 JOURNAL DOCUMENTS tion, a person” have been changed to read “shall be quali pardoned and restored to his civil rights, shall be qualified fied to vote” in both sentences 1 and 2 and have been in to vote. corporated as the final words of the first sentence in the SEC TION 3. [Residence.] No person shall be deemed to redraft, and after the word “person” in the second sentence. have gained or lost residence simply because of his presence Section 2. The word “convicted” has been substituted or absence while employed in. the service of the United for the words “under conviction.” This change reflects the States, or while engaged in navigation, or while a student at consensus of the Convention, as indicated in the debate of any institution of learning. the Committee of the Whole, that a person would not be disqualified on grounds of being charged with felony. SECTION 4. [Registration, Voting.] The legislature shall Section 3. The word “because” has been substituted for provide for the registration of voters, and for absentee vot the words “by reason” to conform to usage already adopted ing, and prescribe the method of voting at all elections. The in other articles of the Constitution. Commas have been secrecy of voting shall be preserved. substituted for semicolons in lines 4 and 5, and the word SECTION 5. [Elections.] General elections shall be held “nor” in these two lines has been changed to “or.” These on the first Tuesday after the first Monday in November in changes have been made for purpose of clarity and improved all even-numbered years. Special elections may be held in language construction. accordance with law. Contested elections shall be de Section 4. The word “qualified” has been deleted in line termined by a court of competent jurisdiction in such manner 2. It is the consensus of your committee that such deletion as shall be provided by law. does not change the meaning of the section. Its inclusion, however, makes the meaning ambiguous in view of the fact that registration, which is the subject-matter of the section, STANDING COMMITTEE REPORT NO. 90 is one qualification for voting. Your Committee interprets the meaning of the words “registration of voters” as persons Your Committee on Printing to which was referred otherwise qualified to vote, The last sentence of the origi Standing Com. Rpt. No. 89 and Committee Proposal No. nal section has been shifted to line 3, after the word “voters,” 8, RD 2, begs leave to report that said report and proposal as a parenthetical phrase “and for absentee voting.” The have this day been printed in accordance with the second comma after the word “elections” has been replaced by a paragraph of Rule 47 (c) of this Convention.—June 23, 1950 period. The words “provided that” have been deleted, and the words “secrecy of voting be preserved” have been re Charles H. Silva, Chairman placed by a new sentence: “The secrecy of voting shall be preserved.” The above changes have been made in the interest of improved language construction and do not affect STANDING COMMITTEE REPORT NO. 91 substance. Section 5. The words “first Tuesday after” have been The undersigned member of your Committee on Local substituted for the words “Tuesday next after,” of the origi Government begs leave to file this minority report: nal draft. It is the consensus of your Committee that the latter wording is archaic and an awkward expression. The As a member of your Committee on Local Government, words “according to law” in line 5 have been replaced by this minority report is being submitted with the view to the words “in accordance with law” to conform to practice bringing into full maturity in Hawaiian Government the ad already adopted in other sections of the Constitution. None vantages of 75 years of American local government experi of the above changes affect substance. ence. The major premise of this report shall be throughout Your C ommittee on Style submits the proposed article, that The more the local people are permitted to do for as attached, for the consideration of the C onvention. themselves, the better will be the state and its citizenry: —June 22, 1950 It is at the local level that government is most closely Benjamin 0. Wist, Wm. H. Heen identified with the citizens’ everyday life. In fact the local Chairman Steere G. Noda governments are in a direct sense the extension of the home. Tom T. Okino This fundamental doctrine has been the end of American Nelson K. Dol, Herbert M. Richards government since it was instituted; that the opportunity for Vice-Chairman Harold S. Roberts self-government, initiative, experiment and civic pride are T. Garner Anthony the foremost prerequisites of a democratic people; that Marguerite Ashford Clarence Y. Shimamura Alexander C astro C. Nils Tavares this doctrine was inherited from successive Anglo-Saxon Takao Yamauchi generations over a period of 600 years since the Magna Randolph C rossley Charta and culminated in the overthrow of despotic govern ment from afar by the colonists who founded the nation COMMITTEE PROPOSAL NO. 8, RD 2 simply because they were being governed by an authority that was situate 3,000 miles from the governed. ARTICLE VII. SUFFRAGE AND ELECTIONS Our system of government is inextricably bound to this doctrine, and the legislative tyranny and despotism of “spe SECTION 1. [Qualification.] Every citizen of the United cial legislation” practiced in the past on our Hawaiian divi States, who shall have attained the age of 20 years, and has sions of government under the Organic Act is obnoxious to been a resident of this State not less than one year next this concept just as it has been to almost half the states in preceding the election, and is a voter registered in accord the Union who have written Home Rule provisions into their ance with law, shall be qualified to vote in any State or local constitutfons. Therefore, any contention that Home Rule is election. No person shall be qualified to vote unless he is still a “theory” is at best a platitude. Right-about-face, also able, except for physical disability, to speak, read and instead of being a mere “theory,” it is a basic American write the English or Hawaiian language. concept of government, and to continue the outmoded methods SECTION 2. [Disqualifications.] No person who is non set forth in certain provisions offered in Committee Pro compos mentis and no person convicted of felony, unless posal No. 26 would be tantamount to tying the hands and STANDING COMMITTEE REPORT NO. 91 247 feet of Hawaiian State Government for many years to come. and incorporated for the purpose of supplying local needs Hawaiian State Government can be no more than the sum and solving problems peculiar to municipalities rather total of the efficiency of Its local administrative units. than mere agents of administration for the state. Herein Government must be set up with the approval of the per lies the reason for requesting freedom from undue inter sons concerned and over whom that government is to oper ferencefrom the State. ate. 4. That the decentralization of authority that Home Rule Government must be close to the people in order to in poses is, and has always been, a doctrine of American sure responsibility and efficiency and the perpetuation of Government. our democ racy. 5. That the word charter in reality means constitution; Government is intricate and complex; requires local de the reasons for saying charter is that it derives its power cisions and judgments; arbitrarily demands responsibility from the State Legislature rather than from the people. and “know-how.” When it is performed for the people by 6. That Dillon’s Rule will act as a safeguard against any someone else (i.e., the state legislature) it is a departure contention that home rule will permit a city and county to from democracy, an encouragement of weakness and lethar usurp state supremacy in all state matters. Dillon’s Rule: gy, an intrigue for special favors, a legislative meddling in It is a general and undisputed proposition of law that local affairs, and a behind-the-scenes totalitarianism that a municipal corporation possesses and can exercise the will stunt and stifle our future Hawaiian State. following powers, and no others: Finally, the training grounds and schools of State Govern First, those granted in express words; ment lie singularly in the local subdivisions. Second, those necessarily or fairly implied in or inci Early territorial government was a highly centralized dent to the powers expressly granted; government. A combination of economic, racial, and mili Third, those essential to the accomplishment of the tary considerations required it to be centralized. But those declared objects and purposes of the corporation,__not considerations are no longer in evidence, and even as far simply convenient, but indispensable. Any fair, reason back as 1905 and 1907 Congress saw fit to alleviate such able, substantial doubt concerning the existence of power centralization by dividing the territory into counties, in is resolved by the courts against the corporation, and reality, it would have been almost impossible to administer the power is denied. the territory without them; every State of the Union is divided into counties. The county performs, as its primary Two major questions are posed in the report: (1) Does task, functions which are of concern chiefly to the State as Home Rule have value? (2) C an it fit the Hawaiian situa a whole. It is the most conspicuous agency of that decentral tion? ized administration which characterizes the States in gener The Legislative Reference Bureau, upon request from al. The chief criticism of the county in this minority report the Standing Committee on Local Government (Request No. is the form of our County Governments: There is no single 1212) set forth the reasons why Home Rule would be valuable responsible head which results in lack of co-ordination. In to Hawaiian government. For example, the legislative re addition, the elected officials are far in excess of the need cord consistentiy shows that: for that type of selection. County Home Rule is a step in The Legislature forbids the counties by special statute the right direction. By this means a government can be to issue bonds unless approved by 65% of the qualified voters built to fit the peculiar needs of each locality. But County therein. This same body then proceeds to require the Home Rule will not disturb the functions the county performs county to issue a great number of county bond authorizations in behalf of the State as an agent of its administration. The without the question being referred to the voters in the Legislature shall provide by statute the terms under which counties at all. the county may devise its own form of organization. In addition, these counties are also mandated by the Therefore any worry regarding an allotment of complete legislature to make expenditures with money borrowed from autonomy to county government is ungrounded and is not, loan funds, and then the county is obligated to repay both under any circumstances, the intention of Home Rule for the principal and interest. This is an example of the “Legis counties. lative Tyranny” that has caused practically every State in By their nature counties must be considered separately the Union to write all manner of restrictions on the legis from municipalities. However, HawaIIan territorial local lature into their Constitutions, viz., Home Rule for local government actually affected a reform in local government government. when the City and County of Honolulu was consolidated by The legislature, by mandated law, forces counties to C ongressional statute; that the combination of citizens and make appropriations for: (1) The salaries of many county counties throughout the territory is a beneficial type of officials. (2) That Kauai appropriate not less than an amount local government is one of the main theses of this report. in excess of a quarter-milliowdollars ($290,000) for its police department. (3) The purchase of mobile dental units The following postulates are assumed throughout the and their operation. (4) Make appropriations for War Me Report: morials. (5) The operation of fire departments. (6) Over 1. That the State is supreme in all governmental matters. time pay for county employees . . . and many others. 2. That all references to “Home Rule” will mean Consti (Please note that this is by no means an attack on the tutional Home Rule (as against legislative home rule as ad legislature but an exposition of the faulty system that ne vocated in the majority report). cessitates the legislature to perform these functions for 3. That Home Rule for cfties has a much broader mean the subordinate units.) ing than Home Rule for counties. Examples other than those pertaining to appropriations a. That County Home Rule must be more limited and finance are: than that for cities, due to their “agent-of-the-state” 1. The divided authority in administration, such as the relationship, and their creation by the state for adminis appointment by the Governor of members to county boards trative,, political, and judicial purposes. and commissions when those members are not responsible b. That cities are geographical phenomena of chiefly to, nor need they be attentive to the local county inhabit an economic and sociological nature, and are recognized ants. 248 JOURNAL DOCUMENTS 2. The number of, and manner of selection of county Keppeler, in a written statement to the standing committee officers. earnestly recommended that the State Constitution of Ha 3. The numerous other acts of special legislation so waii provide for the following: rife under our present inadequate system. 1. That the Counties and City and County of Honolulu be The Legislative Reference Bureau sums it up concisely put on a home rule form of government. In Request No. 1212 when it states that centralization weak 2. Eliminate mandates on the counties by the State. ens the potential effectiveness of local government, and 3. Broaden local powers of taxation so that local legis that “sound, efficient local government, responsible to local lative bodies can solve their own budget problems. needs is impossible of achievement with such a system.” In quoting Harold L. Henderson, Executive Director, The Council of State Governments has said that “Consti Minnesota Institute of Governmental Research, the Con tutional Home Rule probably offers a greater scope of troller, Mr. Keppeler said: municipal freedom than general laws, and correct schemes of home rule can be made to operate more effectively. The Local units of government must be independent financial uses of special legislation are the least desirable means of ly if they are to maintain strong and virile self govern giving corporate existence and authority to localities.” And ment. It is true that many local officials do not relish they specifically point out that . . . but prohibitions against the prospect of levying local taxes. Nevertheless, the special legislation are relatively ineffective unless balanced necessity for doing so would promete economy and pre by appropriately broad powers for localities. serve their independence. All of us remember the conference held in Tune, 1939, It is recommended that there be substituted for the four in which representatives of all the counties met to discuss sections of Committee Proposal No. 26 of the Standing Com the problems of county Home Rule, and they decided by mittee on Local Government the following article: vote at that time to petition Congress to amend the Organic Act to provide for it. Specifically, they wanted (1) to pro SECTION 1. Organization of Local Government. Pro hibit special legislation, and (2) legislation directing visions for the incorporation of counties, cities, and other counties to appropriate funds for certain purposes. In this local units of government, and the alteration of boundaries, same conference, the possibility of requesting independent consolidation of neighboring local governmental units, and charters and the power to tax was also discussed. The dissolution of any local governmental unit shall be made by war intervened and unfortunately thin effort was relegated general law of uniform application; but no such law shall to a later date until Statehood was realized. become operative in any local governmental unit ufitil sub Our own Mayor Wilson, in his 1948 Message expressed mitted to the qualified voters thereof and approved by a the desire of the people when he said: majority voting thereon. SECTION 2. Home Rule for Local Units. Any city or Unlike cities of comparative size on the mainland, city and county may adopt or amend a charter for its own the City and County government of Honolulu has no real sell-government by submitting such charter or amendment autonomy. We are dependent almost entirely upon the to its qualified voters at an election to be held as determined territorial legislature for funds required for any major by general law of uniform application. The legislature shall Improvement. In the State constitution Honolulu’s make provisions by general law of uniform application for status as a municipality would be definitely established the adoption of a charter, but shall not prescribe any re under a charter and there is no doubt but what the people quirements concerning the form of government, the manner would demand that such a charter grant us full autonomy. of the selection of officers and employees, or their compen sation, powers and duties which must be incorporated into From the above, it can be seen that not only does Home such charter; however, the legislature may require that Rule have value, but also the Hawaiian situation is in dire members of the legislative body of a city and county be need of it. It is apparent that a city possessing Home Rule elected from districts based upon population. powers operates at a great advantage over cities or counties which do not enjoy Home Rule. In the latter, the local units SECTION 3. County and Unchartered City. The legisla have no powers beyond such as are granted by the state ture shall provide by general law of uniform application for legislature or necessarily impiied. In the former, the city the government of counties, cities, and other local govern - is supreme in certain fields; and, even in others where the mental units which do not adopt locally framed and adopted state retains jurisdiction, it is still supreme as long as charters in accordance with the provisions contained in there is no conflict to a material degree with state enact Section 2. ments. There is no conflict where the state has not acted SECTION 4. City, and City and County Government in a field reserved to it, and there is no fatal conflict in all Each chartered city or city and county is granted full power instances between state and municipal enactments on the to pass laws and ordinances relating to its local affairs; same subject. If the cities, and cities and counties, and and no law passed by the legislature shall limit the general counties of our new State are to perform well the vital grant of authority hereby conferred; but this grant of au function of local sell -government essential to the democratic thority does not limit the power of the state to enact laws process, They must have more Home Rule. of state-wide concern which are uniformly appllcable to all The Mayor, the Board of Supervisors and other officials cities, and cities and counties. The following shall be of the City and County of Honolulu presented the Standing deemed to be part of the powers conferred upon cities, and Committee on Local Government their views concerning city and counties by this section: “Home Rule” for the City and County of Honolulu is pro (1) To adopt and enforce police, sanitary, and other re vided for by only Proposal No. 167. Consequently, Proposal gulations and to furnish all local services deemed necessary No. 167, with amendments and additions is herewith sub for the public peace, health, safety, welfare, and morals. mitted to the Convention for consideration. B efore going into the reasons why Proposal No. 167 will answer Hawail’s (2) To levy, assess and collect taxes, and to borrow and need for a proper degree of local autonomy, it is not im issue bonds, within the limits prescribed by general laws pertinent to point out that the C & C Controller, Paul K. of uniform applications. STANDING COMMITTEE REPORT NO. 92 249 (3) To make local public improvements and to acquire 1. Concise—as little enumeration as possible has been by condemnation or otherwise, property within its corporate incorporated in them. When we think of the California, limits necessary for such improvements, and also to ac Missouri, and Michigan statutes which include as many as quire an excess over that needed for any such improvements, 33 sections, we can see that this article is at a workable and to sell or lease such excess property shall first be minimum. offered to the original owner at the price it was obtained 2. The article is in complete accord with the history of from him, including all capital improvements. Hawaiian local government and has been based on the local SECTION 5. Transfer of Powers Among Local Units. government situation as it exists today in Hawaii. Readjust Provisions shall be made for the voluntary transfer of ment would be simple and easy. functions or powers between local governmental units by 3. Local taxation was forbidden in Proposal No. 26 of general law of uniform application, the Standing Committee, with the exception that the legisla ture would be empowered to delegate so much thereof as it SECTION 6. Debt Limitation. Provision shall be made deemed advisable. In your minority member’s recommend by general law of uniform application to limit indebtedness ation on taxation, essentially the same thing is affected but of all local governmental units, including chartered units, stated more positively and limited by general law. It must and all classification therein shall be reasonable and be always be remembered that the assessment and collection based upon assessed valuation, population, or both. of taxes is, in all instances, performed in behalf of the state. SECTION?. Counties, and Cities and Counties, and Local units must have the means to accomplish their en other civil divisions shall adopt an annual budget in such deavors or they will not even be inspired to plan and improve form as the legislature shall prescribe, and the legislature their units, This is deemed by your minority member to be shall by general law provide for the examination by quali one of the most important factors for insuring responsibili fied auditors of the accounts of all such civil divisions and ty and understanding of Hawaiian government in the future. of public utilities owned or operated by such civil divisions, and provide for reports from such civil divisions as to their —June 23, 1950 transactions and financial conditions. John R. Phillips The fact has never been lost sight of that municipal corporations created by the state derive all their powers STANDING COMMITTEE REPORT NO. 92 from the source of their creation. They possess no powers or securities not conferred upon them either expressly or Your Committee on Legislative Powers and Functions fear (sic) implication by the law which creates them, or by submits herewith a committee proposal for a complete other statutes applicable to them. “Dillon’s Rule” is the article on legislative powers and functions. The proposal standard for court interpretation of the powers of local embodies what your Committee believes necessary or de government: sirable in establishing the legislative department of the It is a general and undisputed proposition of law that state government. Before arriving at its proposal your a municipal corporation possesses and can exercise the C ommittee studied the several proposals referred to it, as following powers, and no others: well as those provisions of the Hawaiian Organic Act, the First, those granted in express words; Model State C onstitution and the constitutions of several of Second, those necessarily or fairly implied in or inci the states pertaining to the legislature. Your Committee has decided to retain the framework provided in the Organic dent to the powers expressly granted; Act without substantial change, except in a few particulars. Third, those essential to the accomplishment of the declared objects and purposes of the corporation,—not Your C ommittee believes that the legislature should re - simply convenient but indispensable. Any fair, reason main bicameral, but recognizing the desirability of wider able, substantial doubt concerning the existence of representation of the population, which has greatly increased power is resolved by the courts against the corporation, since the adoption of the Organic Act, has provided for an and the power is denied.—I. F. Dillon, Commentaries on increase in the membership of both houses of the legislature. However, while it was unanimously agreed that there should the Law of Municipal Corporations. be an increase in membership, your Committee was unable It must be remembered by the Convention that a rather to agree as to the extent of the increase. A majority of strict construction has been applied by the courts to powers your Committee approved a senate of 25 members and a granted to local unit. Dillon states that: house of representatives of 51 members, while a minority insisted that the house should not be larger than 41 members the fundamental and universal rule.., is, that nor the senate larger than 21 members. while the construction is to be just, seeking first of all In fixing the composition of the two houses your Commit for the legislative intent in order to give it fair effect, tee was faced with the problem of reapportionment, which, yet any ambiguity or fair, reasonable, substantial doubt with the increase and shift of population since 1900, has as to the extent Qf the power is to be determined in favor become complicated as well as acute. Your committee has of the State or general public, and against the State’s agreed that the house of representatives must be apportion grantee. ed on the basis of the number of registered voters among This should allay any fears that the local units of Hawaii the several major island divisions (the present counties) an government will ever become autonomous or be able to but that the present ratio of representation among the four set up any rock-bound republics within the state. existing senatorial districts should be maintained in the If the local governmental units attempt to act beyond senate. In districting your Committee made but one change powers granted by the Legislature, their act will be declared as to senatorial districts, that being the splitting of the is void by the court. land of Oahu into two districts roughly corresponding to the present representative districts, but completely revised Conclusion: The seven sections contained in this article the representative districts, which are increased from six are: to eighteen. 250 JOURNAL DOCUMENTS A major departure proposed by your Committee from the ment that the house of representatives should be apportioned provisions of the Organic Act is the provision for annual, according to some fixed principle, and that the senate was as distinguished from biennial, sessions of the legislature. to be apportioned on some other basis. The majority of Your committee proposes that of the annual regular sessions, the members of the Committee felt that the present size of only those held in the odd numbered years, which shall be the senate, 15 members, was too small. There was general known as “general sessions,” shall be open to all kinds of agreement that it should be larger. There was, however, legislation and that those held in the even numbered years, no unanimity as to the exact size that it should be. to be known as “budget sessions,” shall be confined to the The proposed membership of 25 was arrived at by an general appropriations bill and bills to authorize proposed agreement that the same proportion of Oahu members to capital improvement expenditures, revenue bills necessary neighbor island members be continued. With six members therefor, bills to provide for the expenses of such session, at present being elected from Oahu out of a total senate urgency measures deemed necessary in the public interest, membership of 15, that proportion today is forty per cent bills calling elections and proposed constitutional amend for Oahu as against sixty per cent for the neighbor islands. ments. In addition, special sessions are provided for. By selecting a senate of 25 members, that proportion re The provision for annual sessions is a recognition of the mains unchanged. need today for more frequent, if not continuous, sessions of This was not the only size for the senate that was con the legislature, particularly in view of the difficulties of sidered. The Committee discussed retaining the present projecting estimate of revenues and expenses for two years 15 member senate, a senate of 19 members, a senate of 20 and more in advance, as is the case at present The pro members with the Lieutenant Governor as its presiding vision for a budget session in those years in which a general officer, a senate of 21 members and a senate of 23 members. session is not held, makes it possible to limit appropriations The 20 member senate, while it would have retained the for the expenses of the government to a single fiscal year. present 40-60 proportion, was rejected as placing legisla A similar thought underlies your C ommittee’s action in tive authority and responsibility in the Lieutenant Governor, providing for the establishment of a legislative council. a member of the executive department. Some of the While such a provision might be considered legislative and members felt it inadvisable to go beyond a senate of 21 the inclusion of such provision objected to on that ground, members, with a distribution of nine for Oahu and twelve your Committee believes that the work of the legislature for the neighbor islands. However, because this distribution must be implemented by a continuous study by some agency would have given Oahu slightly more than forty per cent of under the control of the legislature in the interim between the total senate, a majority of your committee voted to re sessions and that it Is a matter of such importance that it ject this plan. The retention of a 15 member senate was should not be left entirely to legislation. vigorously proposed by some members, but was rejected Another important change is in the provision for reappor by a majority of the committee members. tionment. The provision of the Organic Act for reapportion The division of the island of Oahu into two senatorial ment has been, as is notorious, totally ineffective. Your districts was agreed upon, although not unanimously, in an C ommittee proposes that reapportionment be practically effort to limit the area that would have to be covered in automatic every ten years. campaigns and to reduce campaign expenses. The inclusion Following is a summary of each of the several sections of the Kailua and Waimanalo areas in the old fifth repre of the proposed article, with some comment sentative district follows a pattern set by the election dis tricts for the election of Oahu delegates to this convention. Section 1. Legislative powers. Section 1 vests the leg islative power in the legislature, which is to consist of a Section 3. House of representatives; representative senate and a house of representatives. The legislative districts; number of members; apportionment. Section 3 power is extended to “all rightful subjects of legislation not fixes the number of members of the house of representa inconsistent with the constitution of this state or the consti tives. It further describes the 18 representative districts tution of the United States,” which phrase is intended as the from which the members of the house will be elected. As broadest possible grant. Unlike section 55 of the Organic the descriptions of some districts are necessarily long, Act, from the first sentence of which said phrase is derived, they will be included in the schedule of the constitution, but and the constitutions of many of the states, the restrictions are nevertheless to be considered as a part thereof. The on the legislative power are not to be found in this article number of members to which each of these districts will but, if at all, in other parts of the constitution. be entitled until reapportionment is based on the number of Section 2. Senate; senatorial districts; number of voters registered in each district in 1950. members. Section 2 fixes the membership of the senate, From a very early point in your Committee’s deliber delineates the several senatorial districts and fixes the ation on the question of apportionment and reapportionment number of senators to be elected from each. The senatori of the house of representatives, your Committee was unani al districts, with the exception of those on the Island of mous in its decision to apportion the members among the Oahu, are the same as now exist for the Territory. Oahu several major island divisions on a realistic basis and in has been divided into two senatorial districts, the boundaries accordance with the principle that representation should be of which are the same as the boundaries for the present as nearly uniform as possible. fourth and fifth representative districts except that nil of One of the reasons why the reapportionment directed by windward Oahu is included in the old fifth representative the Organic Act was not carried out was because that Act district. Your Committee contemplates no automatic re required reapportionment on the basis of citizen population. apportionment of the senate. These districts and the mem A breakdown of the population according to this standard bers to be elected from each district will therefore remain has not been locally available. Total population figures for until changed by constitutional amendment. the Territory are shown by census tracts which do not The Committee proposal increases the membership of the necessarily coincide with locally defined areas. As a senate from its present 15 to 25. Early in the deliberations practical matter, the number of registered voters was of your committee on the question of the composition of found to bear a reliable and fairly uniform relationship to each house of the legislature, there was unanimous agree- total population, although it favors slightly the neighbor STANDING COMMITTEE REPORT NO. 92 251 islands where the percentage of persons who have registered voters. The result of this procedure is to achieve what is to vote is from one to two per cent higher than for Oahu. deemed to be the most equitable distribution of members It was in recognition of the potential difficulty in obtaining among the several representative districts. The mathe figures which would show citizen population, or figures matical process, known as “the method of equal proportions,” which would show total population by desirable districts, is the identical method used in apportioning the members of that the basis for apportionment of the members of the the United States house of representatives among the sever house was chosen as the number of registered voters. al states (55 Stat 761-2; 2 U.S.C.A., 2a, 2b) and has been A majority of the members of your Committee was of proven by expert mathematicians to result in the least the opinion that the present representation enjoyed by the possible discrimination. neighbor islands should not, at least for the present time, The initial apportionment, as set out in Section 3, main be decreased. With a 51-member house, apportioned tains the present neighbor island representation in the equally among the several major island units, the present house. However, there is no guarantee that upon reappor representation is maintained, although the representation tionment any area or district will continue to be entitied to for the island of Oahu is increased from twelve members to elect the same number of representatives. Should the 33 members. number of registered voters in any district, for example, The cost to the state of a Legislature, with a 51-member drop in proportion to the number of registered voters in house and a 25-member senate, was discussed at some the State as a whole, the number of representatives to which length by your committee incident to the question of having that district would be entitied would be proportionately less. biennial or annual sessions of the legislature. Some of the It was not deemed advisable by your Committee to pro members of the committee felt that this larger size would, vide for complete redistricting of the State at the time of on a cost basis, make it inadvisable to provide for annual each reapportionment To obviate the necessity for peri sessions; however, the majority of the members of the odic redistricting, representative districts were fixed in committee felt that the state could afford to have both a such manner that it appears highly improbable that any large legislature and annual sessions. district in the next few decades will not be entitied, on the basis of registered voters, to elect at least one representa Section 4. Reapportionment of the house of representa tive. Should, however, the number of registered voters tives; mandamus. Some history of the reapportionment fall below the number which would logically entitle it to problem in the Territory may be outiined here. Under the elect a representative, provision is made for the redistrict 1894 Constitution of the Republic of Hawaii, the house of ing of the basic area within which such a district lies. Maps representatives consisted of 15 members, as did the other showing the boundaries of these districts have been filed house. There is no positive proof that the apportionment with the convention secretary. of the members of the house was on a straight population The duty for affecting reapportionment and such redis basis; however, the very high correlation between the tricting as might be necessary has been placed on the Gover number of members from each major island division and nor. In order to assure that this duty, which is of a minis the total population of those divisions, as shown by the 1890 terial nature, will actually be carried out, the Governor has census, indicates that total population was probably the been made specifically subject to mandamus by the Supreme standard used. The drafters of the Organic Act, in recog Court. This is the only way in which a constitution can nizing that a 15-member house was too small for effective guarantee reapportionment and is consequently the method work, increased the membership to 30. This was done by considered by this committee to be the most desirable. merely doubling the number of representatives from each Section 5. Election of members; term of office. Section representative district. The drafters further provided that, 5 provides for the election of members of the legislature upon the completion of the next decennial census, and from at general elections and fixes the term of office of members time to time thereafter, both the house and the senate should of the house of representatives at two years and that of be reapportioned by the legislature in accordance with citi members of the senate at four years. zen population. It is, of course, well known that this was not done by any succeeding legislature. The reapportionment Section 6. Vacancies. Section 6 provides that vacancies problem has thus been aggravated by inaction over the years in the legislature shall be filled for the unexpired term in andthe inequalities in the representation of the major island such manner as may be prescribed by law, but if no such divisions have become more and more pronounced. By a provision is made, then by appointment by the governor for dopting, as the committee has done unanimously, the princi the unexpired term. This is a change from the Organic Act ple of uniform representation with periodic reapportion (sections 31 and 37), which required vacancies to be filled ment to meet changing conditions, your committee sincerely by election. feels that the problem has been finally solved. Where there Section 7. Qualifications of members. Section 7 states was disagreement in the committee, it was on the total the qualifications for members of the senate and the house membership of the house and not upon the method of reap of representatives. The requirements are the same as in portionment. the Organic Act (sections 34 and 40), namely, (1) attainment Section 4 sets out the methods and the procedure for of the age of 30 years in case of senators and 25 years in automatic reapportionment, and involves two steps, both of case of members of the house, (2) residence in the State for which have been spelled out. Step one is to take the total not less than three years and (3) a requirement that the number of members of the house and to apportion those person be a qualified voter of the district, senatorial or re members among the four major island divisions (which have presentative, as the case may be, from which he seeks to been defined as “basic areas”) on the basis of the number be elected. The requirement of American citizenship is, of registered voters in each division. Step two is to take of course, implied in the third requirement. the number of representatives to which each basic area is entitled and to further apportion those members among the Section 8. Disqualification of public officers and em several representative districts within each basic area as ployees. Section 8, which is derived from but somewhat those districts are defined in Section 3. This second ap broader than section 17 of the Organic Act, disqualifies portionment is also based on the number of registered any person while holding any public office, position or em- 252 JOURNAL DOCUMENTS ployment from being elected to or from taking or holding statement of the facts constituting the urgency, and, second, a seat in the legislature, the difference being that the pro that no such measure may be considered by either house posed section applies to persons holding public positions until such section is first approved by each house. Further or employment as well as public offices. It is not to be more, in the approval of such section and upon the final construed, however, to prevent a member of the legislature passage of the measure in each house, a two-thirds vote of from being re-elected or to prevent a member of either all the members to which such house is entiiled is required. house from being elected to the other. The term “approval,” as used in this respect, is not intended Section 9. Privileges of members. Section 9 sets forth to require anything more than a single reading and vote, as the privileges of members of the legislature. The immuni distinguished from the passage of the measure itself, which ty from liability of members of the legislature has been en will require three readings. The time for the commencement of regular sessions has been fixed at 10:00 o’clock a.m., on larged to include “any statement made or action taken” in the third Wednesday in February, the date being the same as the exercise of legislative functions, as compared to section provided in section 41 of the Organic Act. General sessions 28 of the Organic Act, which limits the immunity to “words are limited to 60 days, while budget sessions and special uttered.” The proposed section is intended to cover written sessions are limited to 30 days, but the governor is author as well as oral, statements and any action taken in the ex ized to extend any session for not more than 30 days. Sunday~ ercise of legislative functions, in the broadest sense. The and holidays do not count in computing the number of days in provision for exemption from arrest is the same as con any session. tained in section 29 of the Organic Act, except that the ten- day limitation on going to and returning from sessions has Section 13. Adjournments. Section 13, which is sub been omitted. stantially the same as section 42 of the Organic Act, simply Section 10. Disqualification of members. Section 10 provides that neither house may adjourn for more than three disqualifies members of the legislature (1) from holding days, or sine die, without the consent of the other. any other public office, position or employment of prof it Section 14. Organization; seating and punishment of while holding their legislative office and (2) during the term members; officers; rules; journal; record of vote. Section for which they are elected or appointed, from being elected 14 includes a number of provisions contained in several sec or appointed to any public office, position or employment of tions of the Organic Act. The provision that each house shall prof it which is created, or the emoluments whereof are in- be the judge of the elections, returns and qualifications of its creased, by legislative act during such term. The first own members is the same as section 15 of the Organic Act. disqualification corresponds to a similar disqualification in The provision that each house shall have power to punish any the judiciary article. The second disqualification is derived member for misconduct, disorderly behavior, or neglect of from section 16 of the Organic Act but the Organic Act dis duty is derived from section 27 of the Organic Act. The qualification applies only to “any office of the Territory.” grounds for punishment have been enlarged to include mis The provision under consideration is different in that (1) the conduct, which term is to be taken in fts broadest sense. disqualification of a member applies to a position or em Punishment may be by censure or by suspension or expulsion, ployment, as well as an office, of profft of the State or any but a two-thirds vote of all the members to which the house local government or any agency thereof, but (2) on the other is entitled is required for suspension or expulsion4 The pro hand, it will apply only to an office, position or employment vision that each house shall choose fts own officers, deter of profit that has been created, or the emoluments whereof mine the rules of its proceedings and keep a journal is sub increased, by the legislature during the term for which such stantially the same as section 20 of the Organic Act. The member was elected or appointed. provision that the vote on any question shall be entered up Section 11. Salary of members. Section 11 fixes the sala on the journal at the request of one-fifth of the members ry of members of the legislature as follows: $1,500 for each present is the same as section 21 of the Organic Act general session, $1,000 for each budget session and $750 for each special session of the legislature. No salary is to be Section 15. Quorum; number required to act; compulso payable when the senate alone is convened in special session. ry attendance. Section 15 is also taken from several sec - The salaries are to be payable in such instaflments as may tions of the Organic Act. The requirement of a majority of be prescribed by law. The term “salary” has been used ad the number of members to which each house is entitled for visedly. While the legislature will have no authority to change a quorum for the conduct of ordinary business, that of a the amount of the salaries fixed in this section, it is not in- majority of such quorum for action on ordinary business, tended to preclude the legislature from providing for the pay and the requirement of a majority vote of all the members ment of per diem allowances and allowances for or reim to which each house is entitled for the final passage of a bursement of travel and other expenses. bill are the same as in section 22 of the Organic Act The provision for the taking of the vote by ayes and noes and Section 12. Sessions of legislature. Section 12 provides the entry thereof in the journal upon the final passage of a for regular sessions to be held annually, as well as special bill is taken from section 46 of the Organic Act. The pro sessions of the legislature or of the senate alone. As briefly vision that a smaller number than a quorum may adjourn stated above, the annual sessions are to be “general sessions” from day to day and may compel the attendance of absent and “budget sessions” in alternate years. The budget members is the same as section 23 of the Organic Act. sessiqns are to be limfted to the consideration and enact ment of the general appropriations bill for the succeeding Section 16. Bills; enactment by bill; subject and title; fiscal year and bills to authorize proposed capital expendi enacting clause. Section 16 contains one new provision, to tures, revenue bills necessary therefor, urgency measures wit, that no law shall be passed except by bill. This pro deemed necessary in the public interest, bills calling elec vision would eliminate the practice of legislating by joint tions, proposed constitutional amendments and bills to pro resolutions. This section further requires that each law vide for the expenses of such session. Special limitations shall embrace but one subject, which is required to be ex are imposed with respect to urgency measures, first, that pressed in its title, as is provided by section 45 of the each urgency measure must contain in a separate section a Organic Act. The description of the enacting clause of laws STANDING COMMITTEE REPORT NO. 92 253 is substantially the same as that specified in section 44 of Section 22. Legislative council; duties; salary. Section the Organic Act. 22 establishes a legislative council, to be composed of such members of the legislature as may be provided by law. The Section 17. Passage of bills. Section 17 sets forth the requirement of passage on three readings in each house on duties of the council are to collect information concerning the government and general welfare of the State and to re separate days for any bill to become law, as is provided in port thereon to the legislature, to study and report on such section 46 of the Organic Act. The provision for certifica measures for proposed legislation as may be submitted to tion of bills from one house to the other upon passage is the it and such other duties as may be assigned by law. The same as in section 47 of the Organic Act council is authorized to recommend such legislation as in Section 18. Action by governor; approval; veto; failure Its opinion the welfare of the State may require. Members to approve or veto. Section 18 is derived from sections 49 of the council may receive, in addition to their salary as and 51 of the Organic Act, both of which relate to action on legislators, such salary as may be provided by law. a bill by the governor alter passage by the legislature and In conclusion, your Committee believes that this proposal certification and presentation thereof to him. A bill be provides a suitable structure for the legislative branch of comes law upon approval by the governor, which is indicated the State government that has been, in the main, proved by by his signing the same. A bill is vetoed by the governor if our experience under the Organic Act. Your Committee he returns it, with his objections, to the legislature. The therefore recommends that this Committee proposal pass veto power, in the case of any bill appropriating money for on second reading, subject, however to such amendments specific purposes, is applicable to any specific item or as may be made thereto.—June 23, 1950 items and may be exercised by striking out or reducing the same, but as to other bills the veto must be of the bill Wm. H. Heen, Randolph Crossley as a whole. Such provisions are the same as the provisions Chairman Hiram L. Fong of the Organic Act, except the provision for reduction of E. B. Holroyde, Flora K. Hayes specific items as stated above. If any bill is neither signed Vice-Chairman Frederick Ohrt nor returned by the governor within ten days, Sundays and Edward C. Bryan Thos. T. Sa.kakihara holidays excepted, alter it has been presented to him, it Arthur D. Woolaway becomes law unless the legislature by adjournment prevents Herbert K. H. Lee and Wm. H. Heen—We do not concur its return, in which case it does not become law. This pro as to those portions of Sections 2 and 3 of the proposal vision is in substance the same as the second paragraph of which fix the total membership of the senate and house section 51 of the Organic Act, except that holidayá as well of representatives, and, unless such membership is as Sundays are to be excluded in computing the ten day reduced, we do not concur in the provision for annual period. sessions contained in Section 12. Section 19. Procedure upon veto. Section 19 sets forth Elizabeth R. Kellerman and Cable A. Wirtz—We do not the procedure upon veto and is substantially the same as concur with sections 2 and 3. section 50 of the Organic Act. The requirement of a two- Toshio Sèrizawa—I do not concur with section 2. thirds vote of all the members to which each house is en- Peter Kawahara—I do not concur with sections 2 and 3. tilled for the over-riding of the governor’s veto is retained. COMMITTEE PROPOSAL NO. 29 Section 20. Punishment of persons not members. Sec tion 20 provides for the summary punishment of persons RELATING TO LEGISLATIVE POWERS AND FUNC TIONS. not members of the legislature for contempt of either house RESOLVED, that the following be agreed upon as part or any committee thereof, the, punishment therefor being of the State Constitution: limited to a fine of not more than $100 or imprisonment for not more than 30 days. The parallel section in the Or ARTICLE ganic Act is section 25, but there are substantial differences. SECTION 1. Legislative power. The legislative power The proposed section is intended as a declaration of the of the State shall be vested in a legislature, which shall inherent power of the legislature to punish for contempt, but consist of two houses, a senate and a house of representa is not intended to prevent the legislature from enacting tives. Such power shall extend to all rightful subjects of legislation to provide for judicial proceedings as an alter legislation not inconsistent with this constitution or the native method of vindicating the authority of the legislature, constitution of the United States. with such penalties as may be provided by such law. SECTION 2. Senate; senatorial districts; number of Section 21. Impeachment of elective executive officers. members. The senate shall be composed of 25 members, Section 21 provides for the impeachment of the governor who shall be elected by the qualified voters of the respective and other elective officers of the executive department of senatorial districts. The districts, and the number of sena the State, as distinguished from the judicial and the legis tors to b~ elected from each, shall be as follows: lative branches. Grounds for impeachment are limited to First senatorial district: the island of Hawaii, seven~ treason, bribery and other high crimes and misdemeanors. Second senatorial district: the islands of Maui, Molokai, The power to impeach is vestçd in the house of representa Lanai and Kahoolawe, live; tives but the power to try all impeachments is vested in the Third senatorial district: that portion of the island of senate. The chief justice presides in case the governor is Oahu, lying east and south of Nuuanu Street and Pali Road being tried. Conviction requires concurrence of two-thirds and the upper ridge of the Koolau range from the Nuuanu of the members present and judgments upon conviction are Pali to Makapuu Point, five; limited to removal from office and disqualification from Fourth senatorial district: that portion of the island of holding office. Conviction upon impeachment, however, does Oahu, lying west and north of the third senatorial district, not preclude further prosecution and punishment according five; and to law. The foregoing provisions are patterned after the Fifth senatorial district: the islands of Kauai and Niihau, provisions of the Federal Constitution on this subject. three. 254 JOURNAL DOCUMENTS SEC TION 3. House of representatives; representative land of Hawaii, (2) the islands of Maui, Molokai, Lanai and districts; number of members; apportionment. The house Kahoolawe, (3) the island of Oahu, and (4) the islands of of representatives shall be composed of 51 members, who Kauai and Niihau, on the basis of the number of voters shall be elected by the qualified voters of the respective registered at the last preceding general election in each of representative districts. The representative districts, and, such basic areas and computed by the method known as the until the next decennial reapportionment, the number of re method of equal proportions, no basic area to receive less presentatives to be elected from each, shall be as follows: than one member. First representative district: that portion of the island (b) Upon the determination of the total number of repre of Hawaii known as Puna and Keaukaha, the latter being sentatives to which each basic area is entitled, such total more particularly described in the schedule, one representa shall be reapportioned among the one or more representa tive; tive districts within each basic area on the basis of the Second representative district: that portion of the island number of voters registered at the last preceding general of Hawaii known as south Hilo, excluding Keaukaha, four election within each of such representative districts and representatives; computed by the method known as the method of equal pro Third representative district: that portion of the island portions, no representative district to receive less than one of Hawaii known as north Hilo and Hamakua, one representa member. Upon any reapportionment, should the total number tive; of voters registered in any representative district be less Fourth representative district: that portion of the island than one-half of the ratio obtained by dividing the total of Hawaii known as Kau, Kona and Kohala, two representa number of voters registered in the State by the total number tives; of members to which the house is entitled, then, as a part Fifth representative district: the islands of Molokai and of such reapportionment, the basic area within which such Lanai, and that portion of the island of Maui known as representative district lies shall be re-districted by the Lahaina, two representatives; governor in such manner that the total number of voters Sixth representative district: that portion of the island registered in each new representative district therein shall of Maui known as Wailukn that lies south and west of Pulehu be more than one-half of such ratio. road extended northwest to the sea, two representatives; The governor shall thcreupon issue a proclamation show Seventh representative district: the inland of Kahoolawe ing the results of such reapportionment, and such reap and that portion of the island of Maui lying east and south of portionment shall be effective for the election of members the sixth representative district, two representatives; to such house for the next five succeeding legislatures. Eighth representative district: that portion of the island Original jurisdiction is hereby vested in the supreme of Oahu known as Koolaupoko and Koolauloa, two representa court of the State to be exercised on the application of any tives; registered voter (a) made within 30 days following the date Ninth representative district that portion of the island specified above, to compel, by mandamus or otherwise, the of Oahu known as Waialua and Wahiawa, two representatives; governor to perform the above duty, and (b) made within Tenth representative district: that portion of the island 30 days following the date of such proclamation, to compel, of Oahu known as Ewa and Waianae, two representatives; by mandamus or otherwise, the correction of any error Eleventh representative district: that portion of the is made by him in such reapportionment land of Oahu known as Kalthi and more particularly de scribed in the schedule, three representatives; SECTION 5. Election of members; term of office. The Twelfth representative district: that portion of the is- members of the legislature shall be elected at general land of Oahu known as upper Nuuanu and more particularly election. The office of members of the house of representa described in the schedule, three representatives; tives shall be for a term of two years beginning with their Thirteen representative district: that portion of the is election and ending on the day of the next general election, land of Oahu known as Kapalama, and more particularly de and the office of members of the senate shall bç for a term scribed in the schedule, three representatives; of four years beginning with their election and ending on the Fourteenth representative district: that portion of the day of the second general election after their election. island of Oahu known as Pauoa and more particularly de SECTION 6. Vacancies. Any vacancy in the legislature scribed in the schedule, five representatives; shall be filled for the unexpired term in such manner as Fifteenth representative district that portion of the is - may be prescribed by law, or, if no provision is made by land of Oahu known as Manoa and Waikiki and more particu law, by appointment by the governor for the unexpired term. larly described in the schedule, six representatives; Sixteenth representative district: that portion of the is - SECTION ‘7. Qualifications of members. No person shall land of Oahu known as Kaimuki and Kapahulu and more par be eligible to serve as a member of the senate unless he ticularly described in the schedule, four representatives; shall have attained the age of 30 years, have been a resident Seventeenth representative district: that portion of the of the State for not less than three years and be a qualified island of Oahu known as Wllhelmina Rise, Kahala and Aina voter of the senatorial district from which he seeks to be Haina and more particularly described in the ~schedule, elected. No person shall be eligible to serve as a member three representativeE; of the house of representatives unless he shall have attained Eighteenth representative district: the islands of Kauai the age of 25 years, have been a resident of the State for and Nilhau, four representatives. not less than three years, and be a qualified voter of the representative district from which he seeks to be elected. SEC TION 4 Reapportionment of the house of representa tives; mandamus. On or before Tune 1 of the year 1959, and SECTION 8. Disqualification of public officers and em of each tenth year thereafter, the governor shall reapportion ployees. No person while holding any public office, position the members of the house of representatives m the follow or employment shall be eligible to election to, or to a seat ing manner: in; the legislature. (a) The total number of representatives shall first be SEC TION 9. Privileges of members. No member of the reapportioned among four basic areas; namely, (1) the is- legislature shall be held to answer before any other tribunal STANDING COMMITTEE REPORT NO. 92 255 for any statement made or action taken in the exercise of on any question shall, at the desire of one-fifth of the mem his legislative functions in either house; and members of the bers present, be entered upon the journal. legislature shall, in all cases except treason, felony or SECTION 15. Quorum; number required to act; compulso breach of the peace, be privileged from arrest during their ry attendance. A majority of the number of members to attendance at the sessions of their respective houses, and in which each house is entitled shall constitute a quorum of going to and returning from the same. such house for the conduct of ordinary business, of which SECTION 10. Disqualification of members. No member quorum a majority vote shall suffice; but the final passage of the legislature shall hold any other public office, position of a bill in each house shall require the vote of a majority or employment of profit, nor shall he, during the term for of all the members to which such house is entitled, taken by which he is elected or appointed, be elected or appointed to ayes and noes and entered upon its journal. A smaller num any public office, position or employment of profit which ber than a quorum may adjourn from day to day and may shall have been created, or the emoluments whereof shall compel the attendance of absent members in such manner have been increased, by legislative act during such term. and under such penalties as each house may provide. SECTION 16. Bills; enactment by bill; subject and title; SECTION ii. Salary of members. The salary of mem enacting clause. No law shall be passed except by bill. bers of the legislature shall be as follows: the sum of Each law shall embrace but one subject, which shall be ex $1,500 for each general session, the sum of $1,000 for each pressed in its title, and the enacting clause of each law budget session and the sum of $750 for each special session shall be, “Be it enacted by the legislature of the State of of the legislature, which sums shall be payable in such in Hawaii.” stallments as may be prescribed by law. No salary shall be payable when the senate alone is convened in special session. SECTION 17. Passagc of biils.~ No bill shall become law unless it shall pass three readings in each house, on SECTION 12. Sessions of legislature. Regular sessions separate days. Every bill when passed by the house in which of the legislature shall be held annually. The governor may it originated, or in which amendments thereto shall have convene the legislature, or the senate alone, in special originated, shall immediately be certified by the presiding session. All sessions shall be held at the capital of the officer and clerk and sent to the other house for considera State and, in case the capital shall be unsafe, the governor tion. may direct that any session shall be held at some other SECTION 18. Action by governor; approval; veto; failure place. Regular sessions in odd numbered years shall be to approve or veto. Every bill which shall have passed the known as “general sessions” and regular sessions in even legislature shall be certified by the presiding officers and numbered years shall be known as “budget sessions.” clerks of both houses and shall thereupon be presented to At a budget session the legislature shall be limited to the governor. If he approves it, he shall sign it and it shall the consideration and enactment of the general appropria become law. If the governor does not approve such bill, he tions bill for the succeeding fiscal year and bills to author may return it, with his objections, to the legislature. He ize proposed capital expenditures, revenue bills necessary may veto any specific item or items in any bill which appro therefor, urgency measures deemed necessary in the public priates money for specific purposes by striking out or re interest, bills calling elections, proposed constitutional ducing the same; but he shall veto other bills, if at all, only amendments and bills to provide for the expenses of such as a whole. session. No urgency measure shall be considered unless a If any bill is neither signed nor returned by the governor statement of facts constituting such urgency shall be set within ten days, Sundays and holidays excepted, after having forth in one section thereof and until such section shall have been presented to him, it shall become law in like manner been first approved by each house. The approval of such as if he had signed it, unless the legislature by its adjourn section and the final passage of such measure in each house ment prevents its return, in which case it shall not become shall require a two -thirds vote of all the members to which law. such house is entitled, taken by ayes and noes and entered upon its journal. SECTION 19. Procedure upon veto. Upon the receipt of Regular sessions shall commence at 10:00 o’clock a.m., a veto message from the governor, each house shall enter on the third Wednesday in February. General sessions the same at large upon its journal and proceed to reconsider shall be limited to a period of 60 days and budget sessions the vetoed bill, or the item or items vetoed, and again vote and special sessions shall be limited to a period of 30 days, upon such bill, or such item or items, by ayes and noes, but the governor may extend any session for not more than which shall be entered upon its journal. If after such re 30 days. Sundays and holidays shall be excluded in comput consideration such bill, or such item or items, shall be ap ing the number of days of any session. proved by a two-thirds vote of all the members to which each house is entitled, the same shall become law. SECTION 13. Adjournments. Neither house shall adjourn SECTION 20. Punishment of persons not members. Each during any session of the legislature fOr more than three house may summarily punish, by fine nOt exceeding one days, or sine die, without the consent of the other. hundred dollars or by imprisonment not exceeding 30 days, any person not a member of the legislature who shall be SECTION 14. Organization; seating and punishment of guilty of contempt of such house or of any committee there members; officers; rules, journal; record of vote. Each of. house shall be the judge of the elections, returns and quali fications of its own members and shall have, for misconduct, SECTION 21. Impeachment of elective executive officers. disorderly behavior or neglect of duty of any member, power The governor and other elective executive officers of the to punish such member by censure or, upon a two-thirds vote State shall be removed from office on impeachment for and of all the members to which such house is entitled, by sus conviction of treason, bribery or other high crimes and pension or expulsion of such member. Each house shall misdemeanors. choose its own officers, determine the rules of its proceed The house of representatives shall have the sole power ings and keep a journal. The ayes and noes of the members of impeachment. The senate shall have the sole power to 256 JOURNAL DOCUMENTS try all impeachments and when sitting for that purpose, the along the Northwesterly side of Mokauea Street Exten members thereof shall be on oath or affirmation. If the sion to the Westerly side of Sand Island Road; (3) South governor is being tried, the chief justice shall preside. No easterly along the Westerly side of Sand Island Road; person shall be convicted without the concurrence of two- (4) Southwesterly along the line of the Southeasterly thirds of the members present. side of Mokauea Street Extension extended to a point of Judgments in cases of impeachment shall not extend the outer edge of the reef; (5) Westerly along the outer further than to removal from office and disqualification to edge of the reef to a point on the Moanalua-Halawa hold and enjoy any office of honor, trust or profit under the boundary; (6) Northerly and Northeasterly along the State; but the person convicted may nevertheless be liable Moanaiua-Halawa boundary to the top of Koolau Range; and subject to indictment, trial, judgment and punishment (7) Southeasterly along the top of Koolau Range to a according to law. place called “Puu Lanthulu”; (8) Southwesterly along SECTION 22. Legislative ëouncil; duties; salary. There the top of ridge between the lands of Kaithi, Kapalama shall be a legislative council whose members éhall be se and Nuuanu to the Northwesterly side of Kalthi Street; lected by and from the members of each house as provided (9) Southwesterly along the Northwesterly side of Kalihi by law. Street to the point of beginning. It shall be the duty of the legislative council to collect (c) The twelfth representative district: (1) From the information concerning the government and general welfare East corner of King and Kalthi Streets running North of the State and to report thereon to the legislature. Mea easterly along the Southeasterly side of Kalihi Street,to sures for proposed legislation may be submitted to it at ridge between Kalthi, Kapalama and Nuuanu; (2) North any time, and shall be considered and reported to the legis easterly along top of ridge between Kalihi, Kapalama lature with its recommendations thereon. The legislative and Nuuanu to a point on the Koolau Range called “Puu council may also recommend such legislation as in its o Lanihuli”; (3) Easterly along top of Koolau Range to the pinion the welfare of the State may require. Other powers Northwesterly side of Nuuanu Avenue at the Pali; (4) and duties may be assigned to the legislative council by Southwesterly along the Northwesterly side of Nuuanu law. Avenue to the Northeasterly side of School Street;.(5) Members of the legislative council shall receive such Northwesterly along the Northeasterly side of School salary, additional to their salary as members of the legis Street to the Southeasterly side of Kapalama Drainage Canal (Waikiki Branch); (6) Southwesterly along the lature, as may be ~rovided by law. Southeasterly side of Kapalama Drainage C anal (Waikiki) Branch); (7) Southwesterly along the Southeasterly side COMMITTEE PROPOSAL NO. 3Q* of the main Kapalama Drainage Canal to the Northeaster ly side of King Street; (8) Northwesterly along the North easterly side of King Street to the point of beginning. RELATING TO A SCHEDULE DESCRIBING (d) The thirteenth representative district: (1) From REPRESENTATIVE DISTRICTS the junction of the Honolulu Harbor Channel and the reef running Westerly along the outer edge of the reef to a poin RESOLVED, that the following be agreed upon as part of on the line extended of the Southeasterly side of Mokauea the State Constitution: Street; (2) Northeasterly along the line extended of the ARTICLE Southeasterly side of Mokauea Street to the Easterly side of Sand Island Road; (3) Northeasterly along the Southeast SECTION . As provided in Article , Sec erly side of Mokauea Street Extension to the Southerly sid tion , thi]~flowing representative districts are more of Auiki Street; (4) Easterly along the Southerly side of parfl~iiiarly described herein: Auiki Street to the Southeasterly side of Kalthi Street; (5) (a) That portion of the first representative district Northeasterly along the Southeasterly side of Kalthi Street known as Keaukaha: (1) From the junction of the North to the Southerly side of King Street; (6) Southeasterly a4on easterly side of the 40-foot Right of Way of the Hawaii the Southwesterly side of King Street to the Southeasterly Consolidated Railway, Limited and the South Hilo-Puna side of Kapalama Drainage Canal; (7) Northerly along the boundary running Northwesterly along the Northeasterly Easterly side of the main Kapalama Drainage Canal; (8) side of said 40-foot Right of Way to the Northerly bounda Northeasterly along the Southeasterly side of the Kapalam~ ry of the Hawaiian Home Land of Keaukaha, Tract 2; (2) Drainage Canal (Waikiki Branch) to the Southwesterly side Easterly along the Northerly boundary of the Hawaiian of School Street; (9) Southeasterly along the Southwesterly Home Land of Keaukaha, Tract 2 to the Easterly side of side of School Street to the Northwesterly side of Nuuanu Sllva Street Extension; (3) Northerly along the Easterly Avenue; (10) Southwesterly along the Northwesterly side o side of Sliva Street Extension and Silva Street to the Nuuanu Avenue to the Southwesterly side of Queen Street; Southeasterly side of Kalanianaole Street; (4) Northerly (ii) Southwesterly along the middle of Honolulu Harbor an across Kalanianaole Street and along the Easterly side Honolulu Harbor Channel to the point of beginning. of Kuhio Wharf Road to Pier 1; (5) Easterly and South (e) The fourteenth representative district: (1) From easterly along the seacoast to the South Hio-Puna the junction of the Honolulu Harbor Channel and the outer boundary; (6) Southwesterly along the South Hilo-Puna edge of the reef running Northeasterly along the middle boundary to the point of beginning. of Honolulu Harbor Channel and Honolulu Harbor to the (b) The eleventh representative district: (1) From Southerly side of Queen Street; (2) Northeasterly across the North corner of Kaiihi and Auiki Streets running Queen Street and along the Southeasterly side of Nuuanu Westerly along the Northerly side of Auiki Street to the Avenue to the top of Koolau Range at the Pali; (3) East Northwesterly side of Mokauea Street; (2) Southwesterly erly and Southerly along the top of Koolau Range to a point called “Puu Konahuanui”; (4) Southwesterly along *This report introduced on June 27, 1950, after Standing top of ridge between the lands of Nuuanu-Pauoa and Com. Rpt. No. 92 and Committee Proposal No. 29, but was Manoa to a mountain peak called “Puu Ohia” or Tantalus; joined to them for consideration by Committee of the Whole. (5) Southwesterly along top of ridge between the lands of STANDING COMMITTEE REPORT NO. 94 257 Makilci and Kalawahine to the Northerly side of Nehoa said St Louis Heights Tract Series 2 to the Forest Re Street; (6) Southerly across Nehoa Street along the West serve boundary; (6) Northeasterly along top edge of erly side of Lewalani Drive and Piikoi Street to the Pablo Valley to the top of Waahila Ridge; (7) Northeast Southerly side of Wilder Avenue; (7) Easterly along the erly along top of Waahila Ridge to a point on Koolau Southerly side of Wilder Avenue to the Westerly side of Range called “Mt. Olympus”; (8) Easterly along top of Punahou Street; (8) Southerly along the Westerly side of Koolau Range; (9) Southwesterly along top of ridge be Punahou Street to the Northerly side of King Street; (9) tween the land of Waialae Nui and Pablo to a place Westerly along the Northerly side of King Street to the called “Kalepeamoa”; (10) Southwesterly along the West Westerly side of Kalakaua Avenue; (iO) Southerly along erly edge of Mauumae Ridge to the Northwesterly side the Westerly side of Kalakaua Avenue to the Southerly of Sierra Drive; (11) Southwesterly along the Northwest side of Ala Wai (canal); (11) Westerly along the Souther erly side of Sierra Drive to the Southerly side of Waialae ly side of Ala Wai (canal) and along the line of said South Avenue; (12) Easterly along the Southerly side of erly side of Ala Wal (canal) extended to the outer edge Waialae Avenue to the Northwesterly side of 13th Avenue; of the reef; (12) Westerly along the outer edge of the (13) Southwesterly along the Northwesterly side of 13th reef to the point of beginning. Avenue and Ocean View Drive to the Northerly side of (f) The fifteenth representative district: (1) From Kilauea Avenue; (14) Westerly along the Northerly side the junction of the Northeasterly side of Kalakaua Avenue of Kilauea Avenue to the Northwesterly side of Makapuu and the Southerly side of Ala Wai (canal) running North Avenue; (15) Southwesterly along the Northwesterly side erly along the Easterly side of Kalakaua Avenue to the of Makapuu Avenue to the Southwesterly side of Diamond Southerly side of King Street; (2) Easterly along the Head Road; (16) Southeasterly along the Southwesterly Southerly side of King Street to the Easterly side of side of Diamond Head Road; (17) Southeasterly across Punahou Street; (3) Northerly along the Easterly side of Diamond Head Road and along the Southerly side of the Punahou Street to the Northerly side of Wilder Avenue; Military Road and the same extended to point of beginning. (4) Westerly along the Northerly side of Wilder Avenue (h) The seventeenth representative district: (1) From to the Southeasterly side of Piikoi Street; (5) Northerly the junction of the Koolau Range and the seacoast at a along the Easterlj side of Piikoi Street; (6) Northerly place called “Makapuu Point” on the Maunalua-Waimanalo along the Easterly side of Lewalani Drive to the Norther boundary and at the most eastern point of the island of ly side of Nehoa Street; (7) Northeasterly along top of Oahu and running southwesterly along the seashore to a ridge between the land of Makiki and Kalawahine to a point on seashore called “Black Point”; (2) Northwester mountain peak called “Püu Ohia” or Tantalus; (8) ly along the line of the Military Road extended and along Northeasterly along top of ridge between the lands of the northerly side of said Military Road crossing Kahala Pauoa-Manoa and Nuuanu to a point on the Koolau Range Avenue to the junction of said Military Road and Diamond called “Puu Konahuanui”; (9) Southeasterly along top of Head Road; (3) Northwesterly along the Northeasterly Koolau Range to a place called “Mt. Olympus”; (10) side of Diamond Head Road to the Southeasterly side of Southwesterly along top of Waahila Ridge; (11) South Makapuu Avenue; (4) Northeasterly along the Southeast westerly along top edge of Pablo Valley to the forest erly side of Makapuu Avenue to the Southerly side of reserve boundary; (12) Southwesterly along the south Kilauea Avenue; (5) Easterly along the Southerly side of easterly boundary of St. Louis Heights Tract, Series 2 Kilauea Avenue to the Easterly side of Ocean View Drive; (File Plan 464) to the southerly boundary of said St. Louis (6) Northerly along the Easterly side of Ocean View Heights Tract, Series 2, 100 feet Southeasterly from Drive and 13th Avenue to the Northerly side of Waialae Alencastre Street; (13) Southwesterly parallel to and Avenue; (7) Westerly along the Northerly side of Waialae 100 feet from the southeasterly side of Alencastre Street Avenue to the Southeasterly side of Sierra Drive; (8) and St. Louis Drive to the northerly side of Waialae Northeasterly along the Southeasterly side of Sierra Avenue; (14) Westerly along the northerly side of Waialae Drive to Mauumae Ridge; (9) Northeasterly along the Avenue; (15) Southerly across Waialae Avenue and along Westerly edge of Mauumae Ridge to a place called Kale the Westerly side of Kapahulu Avenue to the Southwester peamoa; (10) Northeasterly along top of ridge between ly side of Kalakaua Avenue; (16) Westerly along the line the land of Waialae Nlu and Pablo to the top of Koolau of the Northerly side of Kapahulu Avenue extended to the Range; (11) Easterly along Koolau Range to point of be outer edge of the reef; (17) Northwesterly along the out ginning. er edge of the reef to a point on the line extended of the Southerly side of Ala Wai (canal); (18) Easterly along the line extended of the Southerly side of Ala Wai (canal) to the Southerly side of channel; (19) Easterly along the STANDING COMMITTEE REPORT NO. 93 Southerly side of Ala Wai (canal) to the point of beginning. (g) The sixteenth representative district: (1) From Your Committee on Printing to which was referred a point at the seacoast at a place called “Black Point” Standing Com. Rpt. No. 92 and Committee Proposal No. 29 running westerly along the seacoast to a point on the begs leave to report that said Report and Proposal have Southwesterly side of Kalakaua Avenue opposite Kapahulu this day been printed in accordance with the second para Avenue; (2) Easterly across Kalakaua Avenue and East graph of Rule 47 (c) of this Convention.—June 24, 1950 erly and Northerly along the Southerly and Easterly side Charles H. Silva, Chairman of Kapahulu Avenue to the Southerly side of Waialae Ave nue; (3) Easterly along the Southerly side of Waialae Avenue to a point 100 feet Easterly of St. Louis Drive; (4) Northeasterly across Waialae Avenue then parallel STANDING COMMITTEE REPORT NO. 94 to and 100 feet from the Southeasterly side of St. Louis Drive and Alencastre Street to the Southerly boundary Your Committee on Printing to which was referred Com of St. Louis Heights Tract Series 2, File Plan No. 464; mittee of the Whole Report No. 8 and Committee Proposal (5) Northeasterly along the Southeasterly boundary of No. 7 begs leave to report that said Report and Proposal 258 JOURNAL DOCUMENTS have this day been printed in accordance with the second act than by constitutional provision. Your committee there paragraph of Rule 47 (c) of this Convention. —June 24, 1950 fore recommends that this proposal be filed. With respect to Proposal No. 70, establishing bribery as Charles H. Silva, Chairman a disqualification for office holding, your committee felt that inasmuch as the Committee on Executive Powers and Functions, in its proposal, has left to the legislature the STANDING COMMITTEE REPORT NO. 95 responsibility for determining the scope of the pardoning power of the governor, the legislature should be given that same discretion in dealing with the permanent disqualifica The following proposals were referred to the Committee tion of office holding envisaged by this proposal. It is there on Legislative Powers and Functions for its consideration: fore recommended that Proposal No.~ 70 be filed. Proposals Nos. 8, 16, 23, 31, 35, 36, 48, 49, 59, 69, 70, 87, With respect to Proposal No. 87, granting authority to 88 (Article UI, Sections 1-22), 95, 98, 102, 112, 128, 133, the legislature to enter into cooperative agreements be 137, 142, 144, 147, 150, 151, 152, 175, 189 and 190. Con tween the several states and the federal government, your cerning the disposition of such proposals, your Committee commtttee felt that this was unnecessary inasmuch as the begs leave to report as follows: legislature has such power without specific constitutional With respect to Proposals Nos. 8, 35, 59, 137 and 151, authority. It is recommended that this proposal be filed. relating to representation in the legislature and apportion With respect to Proposal No. 88, and in particular to ment and reapportionment, the subject matter of said pro sections 1 to 22 of Article UI thereof,substantial portions posals is covered by the Standing Committee Report of of this proposal have been incorporated in your committee’s this Committee and your Committee Proposal. In so far as proposal which adopt, in substance, the Hawaiian Organic such proposals were consistent with the Committee’s views Act provisions relating to the legislature. on the subject, they were incorporated in the committee Proposal No. 95, one provision of which would prohibit proposal and, as to those provisions of such proposals which the legislature from enacting any bill of attainder, ex post were at variance with the committee’s final determination facto law or law impairing the obligation of contract, was of the matter, they have been rejected by the committee. considered unnecessary in a state constitution inasmuch as Your committee, therefore, recommends that the above pro it is repetitious of Section 10 of Article I of the federal posals be filed. constitution which contains the same prohlbition~ against With respect to Proposals Nos. 16 and 49, which would state action. A second provision, which would limit the have required each committee of the legislature to keep a power of the legislature to change any remedy for the en journal of its proceedings and to publish in advance an a forcement of a contract which existed when the contract was genda of subjects to be considered, it was felt by a majority made, is contained in only one state constttution, that of New of your committee members that this might be better handled Jersey, and contemplates such a complete reversal of the through legislative rules rather than making it a part of the otherwise uniform judicial interpretation respecting the constitution. A majority of your committee therefore re power of the legislature to affect pre -existing remedies commends that the Convention urge the legislature to pro that the members of your committee were reluctant to pro vide, by its rules, a procedure for accomplishing the intent pose such a change. The entire proposal was therefore re of these proposals. Proposal No. 16 further contained a jected, and it is therefore recommended that it be filed. provision that upon a one-fifth vote of the members of either With respect to Proposal No. 98, your committee be house any bill which had been referred to a commtttee must lieved that the several administrative agencies of the State be reported out by that committee. Again, a majority of the should continue to have power to make rules having the members of your committee felt that this was a matter for force and effect of law and continue to attach to such rules determination by the legislature under its rules. There is penalties for their violation as may be provided by the leg at the present time, for example, a rule which requires a islature. While your committee saw no need for incorporat committee to return a bill to the house upon the demand of ing this provision into the constitution, inasmuch as the the majority of the members of that house. A majority of practice in the Territory has been to leave to the legislature your commtttee, however, felt that the Convention should the authority to prescribe such penalties, it nevertheless request the legislature to liberalize the rule so that a small felt, and recommends, that wider publicity be given to the er number could demand the return of a bill. Subject to adoption of such rules as do carry penalties. Subject to these qualifications, your committee recommends that these this qualification, your committee recommends that Pro proposals be filed. posal No. 98 be filed. With respect to Proposal No. 23, relating to a grant of One provision of Proposal No. 102, which provided that authority to the legislature to create a board of censors, no law shall be passed by the legislature except by bill and your committee felt that this was a legislative matter and that each law shall embrace but one subject, has been in that the legislature needed no specific authorization to have corporated in Section 16 of the committee proposal. The the power to create such a board if it so desired. The pro second part of Proposal No. 102, relating to the enactment posal was therefore rejected, and your committee recom of compilations and revisions of law was considered unneces mends that it be filed. sary in view of two territorial Supreme Court decisions With respect to Proposal No. 31, relating to urban re holding that this was within the power of the territorial leg development, members of your committee believed that islature, similarly restricted to the passage of single sub this subject was amply covered by Committee Proposal ject bills under the Organic Act. No. 1 submttted to the Convention by the Committee on With respect to Proposals Nos. 48, 112 and 133, each of Health and General Welfare, and therefore recommends which relates to legislative sessions and the duration of such that it be filed. sessions, your committee has incorporated in its committee With respect to Proposal No. 36, relating to the regula proposal substantially the provisions of Proposal No. 112. tion of lobbying, your committee felt that this was a matter The other proposals, in so far as they are at variance with which was more properly the concern of the legislature and Proposal No. 112 and your committee proposal, have been would be more properly taken care of through legislative rejected, and it is recommended that they be filed. STANDING COMMITTEE REPORT NO. 98 259 Proposal No. 128, concerning the establishment of a leg Elizabeth R. Kellerman—I do not concur with paragraph islative council, has been incorporated in your committee 3. proposal in an amended form. Cable A. Wirtz—I do not concur with paragraph 3. With respect to Proposal No. 142, those provisions deal Peter Kawahara—I do not concur with paragraph 19. ing with impeachment of executive officers have been in corporated in your committee proposal. In view of the action of the Convention in its adoption of the Article on Judiciary those provisions relating to the impeachment of judges have STANDING COMMITTEE REPORT NO. 96 not been included. With respect to Proposal No. 144, this proposal dealt in Your C ommittee on Suffrage and Elections, to which was part with the limitation on the power of the legislature to re-referred Miscellaneous Communication No. 88 entitled: grant divorces and in part to a limitation of the power of ‘A Constitutional Proposal—State Constitution can curb the legislature to include provision of a private, special or Reds by defining political Parties,” recommends that the local character within a law of otherwise general applica same be placed on file. tion. Concerning the provision regarding legislative di Misc. Com. No. 88, dealing with the outlawing of the vorces, a majority of the members of your committee felt Communist Party by striking such political party off the that such a specific limitation was entirely unnecessary. election ballot, is not in the realm of this committee. It was, to those members, inconceivable that any legislature However, this thought is adequately covered by the Commit of the State of Hawaii would ever consider granting a divorce tee on Ordinances and Continuity of Law and the Committee by statute. Concerning the second prohibition on the legis - on Legislative Ppwers and Functions which deal with the lative power a majority of the members of your committee qualification of candidates for office.—June 24, 1950 felt that this was satisfied by the provision contained in Katsumi Kometani, J. Pia Cocket your committee proposal that each law shall deal with but Chairman Aan H. Corbett one subject of legislation which is to be expressed in its Trude M. Akau, James F. Gihiland title. It is therefore recommended that Proposal No. 144 Vice-Chairman H. S. Kawakami be filed. With respect to Proposal No. 147, which would grant authority to public servants to engage in political activity, members of your committee were unanimous in their STANDING COMMITTEE REPORT NO. 97 feeling that this would be entirely contrary to the principle of the merit system which is now in effect in the Territory Your Committee on Printing to which was referred and which, by another committee proposal, is hereby re Committee Proposal No. 30 and Res. No. 44 begs leave to commended for continuation in the State of Hawaii. The report that said Proposal and Resolution have this day been proposal was therefore rejected, and it is recommended printed in accordance with the second paragraph of Rule 47 that this proposal be filed. (c) of this Convention. —June 29, 1950 Proposal No. 150. This proposal contained at least ten provisions which either restricted the legislative power of Charles H. Silva, Chairman the State or attempted to add to it, in each instance by re ference to particular subjects. Your committee felt that in view of the broad grant to the legislature by Section 1 of the committee proposal, any attempt to expand or limit that STANDING COMMITTEE REPORT NO. 98 grant by specific language was inadvisable. It is therefore recommended that Proposal No. 150 be filed. Your Committee on Ordinances and! Continuity of Law, With respect to Proposal No. 152, which would give con to which was referred Proposal No. 14, originally referred stitutional status to a public utility commission, your Com to the Committee on Judiciary and upon the recommendation mittee felt that this was a matter for legislative determi of said committee, referred to this committee, begs leave nation and had no part in the constitution, and recommends to report as follows: that it be filed. Proposal No. 189. The essential element of this proposal The first sentence of this proposal has been incorporated would be to incorporate the initiative and referendum into in section 1 of the Article on Judiciary, Committee Proposal the constitution and it was rejected by your Committee as No. 7, with the change of the word “Territory” to “State.” an issue already determined by the Convention as a whole. The second sentence of the proposal seeks to continue in It is therefore recommended that it be filed. force the laws of the Territory of Hawaii concerning the With respect to Proposal No. 190, relating to the privi courts, their jurisdiction and procedure. Inasmuch as your lege from arrest to be enjoyed by members of the legisla committee has provided for the continuation of all laws of ture, substantially this same immunity has been incorporat the Territory of Hawaii not repugnant to the éonstitution ed in your committee proposal. Your committee did not and also for the continuation of judges of territorial courts feel it advisable to include immunity from any civil process until their successors shall have qualified in accordance and this portion of the proposal was therefore rejected. with the Constitution or the laws enacted pursuant thereto, Proposals Nos. 69 and 175 were referred, by this com your committee feels that it is unnecessary to include in mittee, to the Committee on Agriculture, Conservation and the constitution the second sentence of Proposal No. 14. Land, respectively.—June24, 1950 Therefore, your committee recommends that Proposal No. 14 be filed. —June 27, 1950 Wm. H. Heen Toshio Serizawa E. B. Holroyde Flora K. Hayes Clarence Y. Shimamura, Herbert K. H. Lee Hiram L. Fong Arthur D. Woolaway Chairman Jack H. Mizuha Thomas T. Sakakthara Randolph Crossley Marguerite K. Ashford, Thos. Sakakthara Edward C. Bryan Frederick Ohrt Vice -Chairman C. Nils Tavares Herbert K. H. Lee Arthur K. Trask 260 JOURNAL DOCUMENTS STANDING COMMITTEE REPORT NO. 99 Third senatorial district: the island of Oahu, nine; Fourth senatorial district: the islands of Kauai and We, the undersigned members of your Committee on Leg Nilhau, three. islative Powers and Functions, do not concur with the majority report of the committee insofar as it establishes a senate of 25 members. STANDING COMMITTEE REPORT NO. 100 A senate of 25 members was chosen by the majority of Your Committee on Style to which was referred Com the committee to assure that the precise ratio of 40.0 per mittee Proposal No. 7, RD 1, dealing with the Judiciary, cent Oahu members to 60.0 per cent neighbor island mem has examined the action on the Convention and the report bers would be retained. of the Committee of the Whole, and begs leave to report as That ratio is the mathematical result of the present follows: senatorial apportionment, not the underlying reason for it, and we are unable to discover any justification for its un 1. That the proposal entitled Judiciary be referred to equivocal retention. the Convention for third reading in the form attached (Com. That exact ratio was not intended to become a sacred Proposal No. 7, RD 2). and inviolate standard. The framers of the Organic Act 2. Your committee calls attention to the following stipulated that the Senate, as well as the house, was to be changes in arrangement and form which have been made in periodically reapportioned on the basis of citizen population. the proposed article as adopted on the floor of the Conven An apportionment, if made today on the basis of total popu tion. lation (citizen population statistics are not available) would a. The proposed article for convenience only has result in the following distribution of members: been designated Article VI. a. For a senate of 25 members: first senatorial b. The following subtitles have been added: district, 3; second, 2; third, 18; fourth, 2; and the ratio SECTION 1. Judicial Power would be 72.0 per cent for Oahu, 28.0 per cent for the SECTION 2. Supreme Court neighbor islands. SECTION 3. Appointment of Judges b. For a senate of 21 members: first, 3; second, 2; Qualifications third, 15; fourth, 1; and the ratio would be 71.4 per cent Tenure for Oahu, 28.6 per cent for the neighbor islands. C ompensation It may be seriously doubted that the use of citizen popu Retirement lation, if available, would have any material effect on the Removal above apportionments. SECTION 4. Retirement for Incapacity We accept the proposition that no single major island SECTION 5. Administration group should be in a position to control legislation for the SECTION 6. Rules state. We are not advocating such control when we propose c. The following re-arrangeme’at of subject matter a senate membership of 21. has been made to effect better organization, conservation The apportionment of members among the several sena of space, brevity, and the grouping of related materials: torial districts as proposed by the amendment submitted as a part of this minority report is the same as that contained Section 3 of Redraft 2: in Senate Concurrent Resolution No. 21, adopted on third (1) Flr~t and second sentences, no change. reading by the territorial senate during the 1949 regular (2) Third sentence taken from first sentence of session. While the senate was unable to concur in a con Section 7, RD 1. ference committee report on that resolution, no better plan (3) Fourth sentence taken from third sentence of was proposed. Section 3, RD 1. We agree with the apportionment attempted in 1949. The (4) Fifth sentence taken from second sentence of ratio under such an apportionment is 42.9 per cent for Oahu Section 7, RD 1. members and 57.1 per cent for neighbor island members. (5) Sixth sentence taken from second paragraph of We believe this apportionment eminently fair to all con Section 3, RD 1., and. made the first sentence of a c erned. new paragraph. We therefore recommend the adoption of the amendment (6) Seventh sentence taken from first sentence of attached hereto. —June 28, 2950 Section 6, RD 1. (7) Eighth sentence taken from second sentence Wm. H. Heen of Section 6, RD 1. Herbert K. H. Lee (8) Ninth sentence taken from third sentence of Cable A. Wirtz Section 6, RD 1. (9) Tenth sentence taken from sentence one of Section 4, RD 1. AMENDMENT TO COMMITTEE PROPOSAL NO. 29 Section 4 of Redraft 2: Amend Section 2 thereof to read as follows: Taken from Section 5, RD 1. Section 5 of Redraft 2: SECTION 2. Senate; senatorial districts; number of (1) First sentence taken from first sentence of members. The senate shall be composed of 21 members, Section 8, RD 1. who shall be elected by the qualified voters of the respective (2) Second sentence taken from first sentence of senatorial districts. The districts, and the number of sena Section 9, RD 1. tors to be elected from each, shall be as follows: (3) Third sentence taken from second sentence of First senatorial district: the island of Hawaii, five; Section 8,RDl. Second senatorial district the islands of Maui, Molokai, Section 6 of Redraft 2: Lanai and Kahoolawe, four; Taken from Section 10, RD 1. STANDING COMMITTEE REPORT NO. 100 261 It is the judgment of your committee that none of the courts shall hold office for a term of 6 years” to read “The above changes affects the substance of the original proposal term of office of a justice of the supreme court shall be of the Committee on Sudiciary, as approved by the Conven seven years and that of a judge of a circuit court shall be tion on second reading. six years.” (RD 2, sentence 6). The rephrasing and the 3. Your Committee recommends the changes in phrase use of words instead of numerals do not change substance. ology and punctuation indicated below. Where line numbers The sentence referring to compensation has been re are mentioned reference is made to the revised sections as phrased by deleting the words “The justices of the supreme they appear in Article VI (Com. Proposal No. 7, RD 2). court and the judges of the circuit courts” (Sec. 6, RD 1) It is the judgment of your committee that none of these and substituting in lieu thereof the word “they” (reference changes affects the substance of the original proposal, as to compensation in Section 3, RD 2); the word “general” approved by the C onvention on second reading. has been inserted between the words “by” and “law”; the words “in equal measure” have been deleted; and the word Section 1. A comma has been placed after the word “salaried” inserted between the words “all” and “officers.” “courts” in sentence 3, and the word “in” has been inserted The above changes have been made in the interest of brevity after the word “and” in line 3 for purpose of clarity. This and improvement of language construction. There is no form is identical with Section 81 of the Organic Act and change in substance. It is the judgment of your committee will continue the construction heretofore placed upon this that general reductions in salary under general laws ap language recognizing the power of the legislature to in- plicable, on the basis of comparable and reasonable classifi crease or decrease the number of circuit courts as well as cations not aimed at discriminatory action against judicial to increase or decrease the number of circuit judges. The officers, to all salaried officers of the State, would meet words “ordain and” have been deleted in line 5, as redundant. the intent of the Convention under this sentence. Your It is recognized that the word “establish” is generic and committee believes that the Convention had in minçl that includes the power to alter or abolish. general salary reductions, such as the ten per cent reduction Section 2. The article “a” has been substituted for the made by the Territorial legislature in 1932, do not usually article “the” in line 4, to conform to the obvious intent of apply to small classes of temporary or part-time officers the Convention that the chief justice may select any judge such as jury commissioners, jurors, etc., who are usually from any circuit court, or more than one judge from any paid on a per diem basis. one or more circuit courts, for temporary service. The first sentence referring to retirement has been Some question was raised as to whether additional changed to read “They shall be retired upon attaining the language should be inserted in this section expressly em age of 70 years” instead of “They shall retire upon attaining powering an associate justice temporarily serving in the the age of 70 years.” (Sec. 6, RD 1). The sentence “They stead of an absent or incapacitated chief justice, to perform shall be included in any retirement law of the State” has the functions of the chief justice, but your committee de been substituted for the sentence “Provision shall be made cided that such insertion was unnecessary because such by law for the inclusion of such justices and judges in any power is clearly implied. retirement law of the State.” (Sec. 6, RD 1). There is no Section 3. The first sentence of Section 3 (RD 1) has change in substance. been rephrased from “The justices of the supreme court In the final sentence of Section 3 (RD 2), the word “they” and the judges of the circuit courts shall be appointed by has been substituted for the words “The justices of the the governor by and with the advice and consent of the supreme court and the judges of the circuit courts” (Sec. 4, senate” to “The governor shall nominate and, by and with RD 1) for the purpose of brevity and language construction; the advice and consent of the senate, appoint the justices of the words “house” and “legislature” are not capitalized; and the supreme court and the judges of the circuit courts.” a comma is inserted after the word “legislature.” The The recommended language conforms to the language of the changes referred to immediately above are for the purpose Organic Act. Your committee is of the opinion that it was of improvement in language construction. None of the the consensus of the Convention that the appointment in changes affect substance. this instance should be a joint or shared responsibility, Section 4. The words “it appears” have been deleted in rather than by the Governor with the confirmation by the line 3, and the words “is so” have been deleted in line 4. State senate. In lieu thereof the words “appears to be so” have been in A comma has been inserted alter the word “senate” in serted alter the words “circuit court” in line 5 (RD 2). line 6, and the clause “and no interim appointment shall be This change is for purpose of improved language construc - made when the senate is not in session,” has been added in tion. the second sentence. It is the consensus of your committee Section 5. The words “of this State” have been deleted that the addition of this clause does not change substance, from the first sentence, as redundant. The sentence, ap and in necessary to conform to the applicable provision on pearing as Section 9, of the original (RD 1) has been made interim appointments (Sec. 10, Com. Proposal No. 22) in the second sentence of the new Section 5 (RD 2), with the the Article on Executive Powers and Functions, and in word “He” substituted for the words “The chief justice of accordance with the conclusions reached in the debate of the supreme court.” These changes do not affect substance, the Committee of the Whole on the Tudiciary. but group two related matters in one section and effect The third sentence of Section 3 has been rephrased from brevity. “The justices of the supreme court and the judges of the Section 6. The words “from time to time” have been de circuit courts shall hold no other office or position of pro leted alter the word “power” in line 2 as redundant; the fit under this State or the United States” (See Sec. 7, RD 1) word “for” has been substituted for the word “in” after the to read “No justice or judge shall hold any other office or word “cases” in line 3, for purpose of improvement in position of profit under this State or the United States.” language construction; and the words “of this State” have There is no change in meaning. been deleted alter the word “courts” in line 4, as redundant. The third paragraph of Section 2 (RD 1) has been re phrased from “The justices of the supreme court shall hold Your committee deems it proper to remind the Conven office for a term of 7 years and the judges of the circuit tion of the statement made on pages 10-11 of Committee of 262 JOURNAL DOCUMENTS the Whole Report No. 5, with reference to the power of the house of the legislature, sitting in joint session, for such Supreme Court of the State, under rules of procedure to be causes in such manner as may be provided by law. adopted by it under this section to permit by stipulation the trial of civil or criminal cases by a jury of less than 12, SECTION 4. [Retirement for Incapacity.] When and a verdict by less than the proportion required by law, ever a commission or agency, authorized by law for such etc. purpose, shall certify to the governor that any justice of Your C ommittee on Style submits the proposed article, as the supreme court or judge of a circuit court appears to be attached, for the consideration of the Convention. so incapacitated as substantially to prevent him from per —June 28, 1950 forming his judicial duties, the governor shall appoint a board of three persons to inquire into the circumstances Benjamin 0. Wist, Wm. H. Heen and on their recommendation the governor may retire the Chairman Steere G. Noda justice or judge from office. Nelson K. Doi, Tom T. Okino Herbert M. Richards SECTION 5. [Administration.] The chief justice of Vice-Chairman Harold S. Roberts the supreme court shall be the administrative head of the I. Garner Anthony courts. He may assign judges from one circuit court to Marguerite K. Ashford Clarence Y. Shimamura another for temporary service. With the approval of the Alexander C astro C. Nils Tavares supreme court he shall appoint an administrative director Randolph C rossley Takao Yamauchi Cable A. Wirta to serve at his pleasure. SECTION 6. [Rules.] The supreme court shall have power to promulgate rules and regulations in all civil and COMMITTEE PROPOSAL NO. 7, RD 2* criminal cases for all courts relating to process, practice, procedure and appeals, which shall have the force and effect ARTICLE VI of law. SECTION 1. [Judicial Power.] The judicial power of the State shall be vested in one supreme court, circuit courts, and in such inferior courts as the legislature may STANDING COMMITTEE REPORT NO. 101 from time to time establish. It shall extend to all cases arising under the constitution and laws of the United States or this State. The several courts shall have original and Your Committee on Printing to which was referred appellate jurisdiction as provided by law. Standing Com. Rpt. No. 99 begs leave to report that said Report has this day been printed in accordance with the SECTION 2. [Supreme Court.] The supreme court second paragraph of Rule 47 (c) of this Convention. shall consist of a chief justice and four associate justices. —June 28, 1950 When necessary, the chief justice shall assign a judge or judges of a circuit court to serve temporarily on the su Charles H. Silva, Chairman preme court. In case of a vacancy in the office of chief justice, or if he is ill, absent, or otherwise unable to serve, an associate justice designated in accordance with the rules of the supreme court shall serve temporarily in his stead. STANDING COMMITTEE REPORT NO. 102 SECTION 3. [Appointment of Judges.] The governor shall nominate and, by and with the advice and consent We, the undersigned members of the Committee on Leg of the senate, appoint the justices of the supreme court and islative Powers and Functions, do not agree with the majori the judges of the circuit courts. No nomination shall be ty report on the legislative article insofar as that report sent to the senate, and no interim appointment shall be made proposes a house of representatives of 51 members. Our when the senate is not in session, until after ten days’ public objection was noted in Standing Com. Rpt. No. 92 and we beg notice by the governor. leave to file a minority report as follows: [Qualifications.] No justice or judge shall hold any other office or position of profit under this State or the The majority of your committee members proposes a United States. No person shall be eligible to such office 51 member house in order that the present membership who shall not have been admitted to practice law before the from the neighbor islands will not be reduced. This is a supreme court of this State for at least ten years. Any concession to a 50-year period of legislative inaction that justice or judge who shall become a condidate for an elec we believe thin convention is unjustified in making. tive office shall thereby forfeit his office. All evidence points to the fact that the initial apportion [Tenure, Compensation, Retirement, Removal.] The ment of the house, both under the 1894 Constitution of the term of office of a justice of the supreme court shall Republlc of Hawaii and under the Organic Act, was on the be seven years and that of a judge of a circuit court shall basis of population. The Organic Act further provided for be six years. They shall receive for their services such periodic reapportionment on the basis of citizen population. compensation as may be provided by law, which shall not With a house of 51 members apportioned among the be diminished during their respective terms of office, un major island divisions, in accordance with 1950 United less by general law applying to all salaried officers of the States C ensus Population Statistics, the present neighbor State. They shall be retired upon attaining the age of 70 inland representation is reduced by three, one member years. They shall be included in any retirement law of the from each neighbor island group. For a house of 41 mem State. They shall be subject to removal from office upon bers, that representation is further reduced by four mem the concurrence of two-thirds of the membership of each bers, one from Hawaii, one from Maui, and two from Kauai. Thus, if the directive of the Organic Act were to be carried *Am ended by C onvention on third reading to delete second out today on the basis of total population (Instead of citizen sentence of Section 1, and RD 3 passed. population), the apportionment would be as follows: STANDING COMMITTEE REPORT NO. 103 263 Apportionment of the House of Representatives We therefore recommend the adoption of the amendment on the Basis of 1950 Population Statistics attached hereto. —June 28, 1950 Wm. H. Heen a Cable A. Wirtz 0 ~ No.of Herbert K. H. Lee ~ t~0~ u Members AMENDMENT TO COMMITTEE PROPOSAL NO. 29 ~ 51 41 Amend Section 3 thereof to read as follows: Hawaii 67,683 13.7 7 6 Maui 48,387 9.8 5 4 SEC TION 3. House of representatives; representative Honolulu 347,440 70.4 36 29 districts; number of members; apportionment. The house Kauai 29,838 6.1 3 2 of representatives shall be composed of 41 members, who shall be elected by the qualified voters of the respective representative districts. The representative districts, and, By this convention adopting, as we hereby recommend, until next decennial reapportionment, the number of repre a house of 41 members, apportioned among the several is sentatives to be elected from each, shall be as follows: land units on the basis of registered voters, the neighbor First representative district: that portion of the island islands will have the.same representation as they would be of Hawaii known as Puna and Keaukaha, the latter being entitled to receive if the membership were increased by more particularly described in the schedule, one repre ten and set at 51 and the apportionment based upon total sentative; population. Second representative district: that portion of the is The neighbor islands would receive only three of those land of Hawaii known as South Hilo, excluding Keaukaha, ten added members, seven would go to Oahu. We believe three representatives; the additional cost to the Territory, by reason of having Third representative district: that portion of the island those three members, unsupportable by reason. of Hawaii known as North Hilo and Hamakna, one representa The proposal submitted for the legislative article by tive; your committee establishes a salary of $2500 for members Fourth representative district: that portion of the is of the legislature for a biennium. By statute, there is now land of Hawaii known as Kau, Kona and Kohala, two repre a provision authorizing the payment of $15 per day for sentatives; neighbor island members and $5 per day for Oahu members Fifth representative district: the islands of Molokai and for each day of a legislative session. During the 1949 regu Lanai, one representative; lar session, this amounted to $1100 for each neighbor is Sixth representative district: the islands of Maui and land member and $370 for each Oahu member or a total Kahoolawe, four representatives; for the session of $24,420. Taking into consideration only Seventh representative district: that portion of the is salaries and per diem expenses, the cost of the state, by land of Oahu known as Koolaupoko and Koolauloa, two repre reason of having those three additional neighbor island 5 entatives; members, would amount to over $34,000 per biennium— Eighth representative district: that portion of the island over $11,000 per member. The total legislative employee of Oahu known as Waialua, Wahiawa, Ewa and Waianae, cost for the 1949 session of the house amounted to $5514, three representatives; computed as an average cost per member. When this a- Ninth representativ& district: that portion of the island mount is added for each of the additional members nec es - of Oahu known as Kalihi and more particularly described in sary to retain present neighbor island membership, an the schedule, three representatives; additional $55,000 for a general session and perhaps Tenth representative district: that portion of the island $20,000 for a budget session would be required. Total ad of Oahu known as upper Nuuanu and more particularly de ditional cost, therefore, would approximate $110,000 per scribed in the schedule, two representatives; biennium. Surely, a great price to pay for adding three ad Eleventh representative district: that portion of the is ditional neighbor island members. land of Oahu known as Kapalama, and more particularly We appreciate the need for a somewhat larger member described in the schedule, two representatives; ship in the house of representatives. We do not believe it Twelfth representative district: that portion of the is necessary to go beyond a 41 member house to achieve this land of Oahu known as Pauoa and more particularly de end. scribed in the schedule, four representatives; Your committee has unanimously agreed that the distri Thirteenth representative district: that portion of the bution of representatives among the major island divisions island of Oahu known as Manoa and Waikiki and more par shall be on a realistic and equitable basis. We do not de ticularly described in the schedule, five representatives; part from that principle in advocating a membership of 41 Fourteenth representative district: that portion of the in the house of representatives. island of Oahu known as Kaimuki and Kapahulu and more The representative districts for the 41 member house particularly described in the schedule, three representatives; remain the same as in Committee Proposal No. 29 with two Fifteenth representative district: that portion of the is - exceptions. Lanai and Molokai would constitute one district land of Oahu known as Wilhelmina Rise, Kahala and Aina and the islands of Maui and Kahoolawe would likewise con Haina and more particularly described in the schedule, two stitute one district within that basic area, from which there representatives; would be elected one representative and four representa Sixteenth representative district: the islands of Kauai tives, respectively. and Niihau, three representatives. The rural districts of Wahiawa and Waialua and of Ewa and Waianae, on the island of Oahu, have been combined STANDING COMMITTEE REPORT NO. 103 and will be entitled to elect three representatives. The total number of representative districts in the state Your Committee on Printing to which was referred are thus reduced from eighteen to sixteen. Standing Com. Rpt. No. 102 begs leave to report that said 264 JOURNAL DOCUMENTS Report has this day been printed in accordance with the proposed changes do not affect the substance of the original second paragraph of Rule 47 (c) of this Convention. proposal, as approved by the Convention on second reading. —June 28, 1950 Section 1. The letter “s” in the word ‘state” (line 4) has Charles H. Silva, Chairman been capitalized, and the comma after the word ‘libraries” (line 5) has been deleted for the purpose of improved language construction; the words “religion or ai~cestry” STANDING COMMITTEE REPORT NO. 104 (line 10) have been substituted for the words ‘color or creed” to conform to the language of Section 4, of Article I Your Committee on Style to which was referred Com (Bill of Rights), adopted on third reading by this Convention; mittee Proposal No. 11, dealing with Education, has ex the comma after the word ‘sectarian” (line 12) has been amined the action of the Convention and the report of the deleted for purpose of improved language construction, and Committee of the Whole, and btgs leave to report as the word ‘denominational” has been deleted as redundant follows: and covered by the broader term “sectarian.” 1. That the proposal entiued Education be referred to Section 2. The sentence, “There shall be a board of edu the Convention for third reading in the form attached (Com. cation, at least part of the membership of which shall repre Proposal No. 11, RD. 1). sent geographic subdivisions of the State, to be appointed 2. Your committee calls attention to the following by the governor, by and with the consent of the Senate, from changes in arrangement and form which have been made in panels nominated by local school advisory councils to be the proposed article as adopted on the floor of the Conven established by law” has been changed to read ‘There shall tion. be a board of education, the members of which shall be nominated and, by and with the advice and consent of the a. The proposed article has been tentatively desig senate, appointed by the governor from panels submitted by nated Article XI. local school advisory councils to be established by law. At b. The subtitle for Section 4 has been changed from least part of the membership of the board shall represent ‘Board of Regents” to “University of Hawaii” and the geographic subdivisions of the State.” Your committee calls subtitle for Section 5 has been changed from ‘Powers of attention to the following: the Board of Regents” to ‘Board of Regents; Powers.” Without affecting substance, much of the subject a. The proposed language conforms to the language matter dealt with in Section 5 in the original proposal, used in the present Organic Act of Hawaii and is the passed by the Convention on second reading, has been language adopted for use in other articles of this consti placed in Section 4; also some of the subject matter in tution. the original Section 4 has been placed in the new Section b. The words “and advice” have been added. 5. The re-arrangement is indicated below. The re c. The letter ‘5” in the word ‘Senate” is not capi arrangement has been made to bring all subject matter talized in the redraft. relating to the University as a corporate body under one Your committee is of the opinion that the above changes heading and all subject matter relating to the board of do not affect substance. regents under another heading. (1) Reference to the University as a body corporate Section 3. The comma after the word ‘board” in line 7 has been transferred from Section 5 to Section 4. has been deleted in the redraft for purpose of improved (2) Reference to title to real and personal property language construction. has been transferred from Section 5 to Section 4; as Section 4. Your committee calls attention once more to well as the reference to the University holding such the transposition of sentences in Sections 4 and 5 (See last property in public trust and administering such proper paragraph, page 1 of this report). Reference below is to the ty in accordance with law. position of these sentences in the redraft which appears as (3) Reference to the establishment of a board of Article XI, attached to this report. regents has been transferred from Section 4 to Section After the initial sentence the period has been replaced 5; as well as the reference to board membership by a comma, followed by the clause ‘and constituted a body representing geographic subdivisions of the State. corporate.” This sentence is substituted for the first (4) Reference to the appointment of the regents sentence of Section 4 and the clause “constituted a body has been transferred from Section 4 to Section 5. corporate” in the second sentence of original Section 5; the (5) Reference to the ex officio voting membership word “and” in the original sentence of the proposal has been of the president and the superintendent of public in deleted; the word ‘It” has been substituted as the first word struction on the board of regents has been transferred of a new sentence after the word ‘corporate;” commas have from Section 4 to Section 5. been inserted after the words ‘it” and ‘purposes” in lines (6) Reference to the powers of the board of regents 6 and 7. has been transferred from the first sentence of Sec Your committee is of the opinion that none of the above tion 5 to the fourth sentence of Section 5. changes affect substance. (7) Reference to the appointment of the president Your committee calls attention to the addition of the by the board and his service as the executive officer words “and disposed of” in the last line of Section 4. The of the board has been transferred from sentence one question was raised as to whether under the original phrase. of Section 5 to sentence four of Section 5. ology, without the actual inclusion of these words, the Uni 3. Your committee recommends the changes in phrase versity might be placed in the position of being unable to ology and punctuation indicated below. Where line numbers comply with legislative authorization to make such disposal. are mentioned reference is made to the revised sections as The University might find itself in the position of being an they appear in Article XI (Com. Proposal No. 11, RD. 1). able to dispose of property no longer needed. The minutes With one exception, to be noted later in this report as do not clearly reflect whether the power to own land and the questionable, it is the judgment of your committee that the power of administration also include the right of disposal. STANDING COMMITTEE REPORT NO. 106 265 U such right was the intent of the Convention, the addition SECTION 2. [Board of Education.] There shall be a of the words “and disposed of” would obviously be a pre board of education, the members of which shall be nomi rogative of the Committee on Style. If, on the other hand, nated and, by and with the advice and consent of the senate, such was not the intent of the Convention, the addition of appointed by the governor from panels submitted by local the words would affect substance. school advisory councils to be established by law. At least The minutes of the Committee of the Whole indicate that part of the membership of the board shall represent geo the power of the legislature by statute to release University graphic subdivisions of the State. property from the “public trust” sufficiently to permit grant SECTION 3. [Powers of the Board of Education.] The or disposal pf such property was at least implied. It would, board of education shall have power, in accordance with of course, be necessary for the legislature to grant such law, to formulate policy, and to exercise control over the power of disposal before it could be exercised, and the leg public school system through its executive officer, the islature would furthermore have power to impose such con superintendent of public instruction, who shall be appointed ditions as it deemed in the public interest upon such dis by the board and shall be ex officio a voting member thereof. posal. There was some division of opinion with respect to this SECTION 4. [University of Hawaii.]. The Univer sity matter in your committee. Some members felt that proper of Hawaii is hereby established as the State university and ty disposal under legislative authorization was clearly in- constituted a body corporate. It shall have title to all the tended under the provisions of public trusteeship and the real and personal property now or hereafter set aside or right to administer “in accordance with law” in the light of conveyed to it, which shall be held in publlc trust for Its the context Other members felt that inclusion of the words purposes, to be administered and disposed of according to “and disposed of” would leave no doubt with reference to law. future interpretation. SECTION 5. [Board of Regents: Powers.] There shall In view of the above, your committee decided to insert be a board of regents of the University of Hawaii, the the words “and disposed of” in Section 4 of the Article, to members of which shalibe nominated and, by and with the refer to the problem in the report of the Committee on Style, advice and consent of the senate, appointed by the governor. and to leave to the Convention the final decision as to whether At least part of the membership of the board shail represent the words “and disposed of” should be added. geographic subdivisions of the State. The president of the Section 5. The first sentence has been rephrased to read University and the superintendent of public instruction shall “There shall be a board of regents of the University of Ha be ex officio voting members of the board. The board shall wail,” the words “to be known as the ‘Board’” deleted as have power, in accordance with law, to formulate policy, redundant; the letter “r” in the word “regents” is not capi and to exercise control over the University through Its ex talized. The language used with reference to the appoint ecutive officer, the president of the University, who shall ment of the members of the board of regents has been be appointed by the board. modified to conform with the language used in Section 2 of this article, the explanation for the change being the same as for the board of education (see p. 4 of this report). The STANDING COMMITTEE REPORT NO. 105 words “of the board” have been substituted for the words “of which” in line 6; the clause referring to geographic Your Committee on Printing to which was referred the representation has been made a complete sentence. In the tollowing standing committee report, committee proposals final sentence of the section the words “of regents” (line and Committee of the Whole reports, begs leave to report ii) and “of Hawaii” (line 13) have been deleted as redundant. that said reports and proposals have this day been printed in accordance with the second paragraph of Rule 47 (c) of Your C ommittee on Style submits the proposed article, this Convention: Standing C om. Rpt. No. 100—with Commit as attached, for the consideration of the C onvention. tee Proposal No. 7, RD. 2; Committee of the Whole Report —June 30, 1950 No. li—with Committee Proposals Nos. 13, 15, 16, 21—with Benjamin 0. Wist, Randolph C rossley History of the Hawaiian Flag; Committee of the Whole Re Chairman Wm. H. Heen port No. 12—with Committee Proposal No. 28, RD. 1. Nelson K. Doi, Steere G. Noda —June 29, 1950 Vice-Chairman Harold S. Roberts I. Garner Anthony Clarence Y. Shimamura Charles H. Silva, Chairman Marguerite K. Ashford C. Nils Tàvares Alexander Castro Cable A. Wirtz Takao Yamauchi STANDING COMMITTEE REPORT NO. 106 COMMITTEE PROPOSAL NO. 11, RD 2 Your Committee on Miscellaneous Matters to which was ARTICLE XI referred Proposal No. 53, “Relating to Lands to Be Included in the State of Hawaii,” begs leave to report as follows: SECTION 1. [Public Education.] The State shall pro Inasmuch as this subject matter was included in Commit vide for the establishment, support and control of a tee Proposal No. 15, “Relating to State Boundaries,” your state-wide system of public schools free from sectarian committee, therefore, returns this proposal with the re control, a State university, public libraries and such other commendation that it be placed on file. —June 30, 1950 educational institutions as may be deemed desirable, in cluding physical facilities therefor. There shall be no segre Takao Yamauchi, Samuel K. Apoliona, Ir. gation in the public educational institutions of this State be C hair man Teruo Ihara cause of race, religion or ancestry; nor shall public funds George Dowson, Kazuo Kage be appropriated for the support or benefit of any sectarian Vice-Chairman Masao Kanemaru or private educational institution. W. 0. Smith 266 JOURNAL DOCUMENTS STANDING COMMITTEE REPORT NO. 107 referred to above is in the nature of a typographical error, and that the addition of the words referred to in Your Committee on Prmtmg to which was referred Redraft 2 does not affect substance., Standing.Com. Rpt. No., 104 and Committee Proposal No. 11, f. The designation of paragraphs 2 and 3 of Section RD. 2, Article II, begs leave to report that said report and 3 as (a) and (b) has been adopted by your committee for proposal have this day been printed in accordance with the purpose of convenience only. . Such form may not be second paragraph of Rule 47 (c) of this Convention. used in the final draft of the Constitution.’ —July 5, 1950 3 Your committee recommends the changes in phrase Charles H.. Silva, Chairman ology and punctuation mdicated below Where line numbers are mentioned reference is made to the revised sections as they appear in Article XV (Com. Proposal No. 9, RD 2). It STANDING COMMITTEE REPORT NO 108 is the judgment of your committee that none of these changes Your C ommittee on Printmg to which was referred the affects the substance of the original proposal, as approved following Committees of the Whole and Committee Proposals by, the Convention on second reading., begs leave to report that said reports and proposals have Section 1 The words “or revisions of” in the first this day been prmted in accordance with the second para sentence have been deleted, the words “Revision of or” graph of Rule 47 (c) of this Convention Committees of the have been added as the first words of the sentence. The. Whole No. 13, Proposal No. 12, RD. 1; No. 14, Resolution first letters of the words “amendments,,” “legislature,” No. 29, RD. 2; No. 15, Proposal No. 17, RD. 1; No. 16, “constitutional,” and “convention” are not capitalized in Proposal No. 19, RD. i; No. 17, Proposal No. 22, RD. 1. the redraft in this or other sections of this article. ‘The —July 5 1950 above changes have been made for purpose of Improved Charles H. Silva, Chairman language construction The words, “the Legislature, or by” have been deleted in lines 3-4, and the words “or by the legislature” have been added after the word “convention” in line 3. This change STANDING COMMITTEE REPORT NO 109 has been made to conform to the order used in other sections of the article. (Section 2 deals with rdvisioh or amendments Your Committee on Style to which was referred Commit by constitutional convention; Section 3 deals with revision tee Proposal No. 9, RD 1, dealing with Revision and Amend or amendments by the legislature).. . “ ments, has exam med the action of the C onvention and the Section 2 A comma has been inserted after the word report of the Committee of the Whole, and begs leave to re “question” in line 8 This change has been made for purpose port as follows: of improved language construction 1. That the proposal entiUed Revision and Amendments In paragraph two of Section 2 the word “be” has been sub be referred, to the Convention for third reading in the form stituted for the word “is” in line 2, and the words “to the attached (Com. Proposal No. 9, RD 2). convention” have been inserted after the word “delegates” 2. Your committee calls attention to the following changes m lines 2-3, the article “the” has been inserted after the in arrangement and form which have been made in the pro word “for” and the same article has been deleted after the posed article as adopted on the floor of the C onvention word “of” m line 5 These changes have been made for purpose of improvement in language construction a. The proposed article has been tentatively desig nated Article XV. Iii paragraph three a comma has been inserted after the word “contrary” in line 2. Section and Article numbers b. The following changes have’been made in sub which refer to the constitutional provision required by H. titles: .: . ‘ Section 1: “Revision and Amendments” has been sub R. 49, denying a member of any organization which supports stituted for “Procedure.” Section 2: “Constitutional the overthrow of government by subversive action the right C onvention” has been substituted for “C onvention.” Sec - to hold public office, will be inserted in this section at a tion 3: “Amendment by Legislature; Veto” has been later time. ‘ . . substituted for “Amendments Proposed by Legislature.” In paragraph four the word “convened” in line 5 has been c. Section 4 of RD 1 has been made a concluding substituted for the words “called and conducted.” Your sentence of Section 3 in RD 2. committee is of the opinion that this substitution does not d. The sentence “The governor shall fill any vacancy affect substance, that the word “conducted” in this instance in such membership by appointment of a qualified voter refers to action taken before a constitutional convention has from the district concerned.”. hasbeen taken out of the been organized for work, and not to its operation after such third paragraph of Section 2 and placed in the filth para organization. The word “were” has been deleted in line 6 graph of the same section, as redundant. e. In the printed form of Committee’ Proposal No. 9, In paragraph five a period has been substituted for the RD 1, a portion of paragraph 6, reading as follows: semi-colon after the word “procedure” in line 2; and the “vote cast at such eiection, or (b) at a special election, letter “i” in the word “It” immediately following has been by a majority of the total vote tallied upon such question, capitalized. The words “of such membership” have been constituting at least 35 per cent of the total” doesnot. deleted in the redraft of the final sentencp, as redundant. appear. ‘ The above .c hanges have been made for purpose of. improved Your committee, however, calls to the attention of the language construction. The words “elections, returns and” Convention the facts that (1) these words do appearin the have been inserted before the word “qualifications”, in line report of the Committee of the Whole, and (2) the minutes 4. Your committee is of the opinion that it was the intent of of the Committee of the Whole show that it was the re the Committee of the Whole that the word “qualifications” port of said committee that was adopted. It is’the con would include also the right to pass judgment on elections sensus of your committee, therefore, that the omission and returns. It was felt, furthermore, that the phraseology.. ITANDING COMMITTEE REPORT NO. 109 267 n this section should conform to a similar provision in the If a majority ofthe ballots cast upon such question be in Lrticle on Legislative Powers and Functions, and that the the affirmative, delegates to the convention shall be chosen nclusion of the words “elections, returns and” in this sen at the next regular election unless the legislature shall pro ence are not a change in substance. vide for the election of delegates at a special election. In paragraph six the words “revision or amendments” Notwithstanding any provision in this constitution to the iave been substituted for the word “provisions,” in line 3, contrary, other than Section of Article, any quali aid the word “proposal” in line 5, as being more precise in fied voter of the district conE~ired shall be eligible to neaning. The word “amendment” in line 15 has been sub membership in the convention. tituted for the word “prc~vision.” In the opinion of your Unless the legislature shall otherwise provide, the dele ommittee the reference here can only apply to an amend gates to such convention shall consist of the same number, nent and not to a general revision, and that this was the and be elected from the same areas, and the convention ntent of the Convention. The word “electorate” has been shall be convened in the same manner, as nearly as practi ubstituted for the word “electors” in line 4, and the words cable, as required for the Hawaii State Constitutional Con of the state” have been deleted as redundant. The letter vention of 1950. S” in the word “senate” (line 17) is not capitalized in the The convention shall determine its own organization and edraft rules of procedure. It shall be the sole judge of the elec Section 3. An apostrophe has been placed after the word tions, returns and qualifications of its members and, by a days” in line 5, of paragraph two, and after the word two-thirds vote, may suspend or remove any member for months” in line 7 of paragraph four to conform to the usage cause. The governor shall fill any vacancy by appointment ecommended in the United States Government Style Manual. of a qualified voter from the district concerned. In paragraph five the word “electorate” has been substi The convention shall provide for the time and manner in ited for the word “electors” in lines 2-3, and the word which the proposed constitutional revision or amendments separate” inserted before the word “ballot” in line 4. The shall be submitted to a vote of the electorate, but no such rords “separate from that upon which the names of candi revision or amendments shall be effective unless approved, ates appear” have been deleted from the sentence as re (a) at a general election, by a majority of all of the votes undant. tallied upon the question, constituting at least 35 per cent In paragraph six the word “for” after the word “provided” of the total vote cast at such election, or (b) at a special i line 3, has been deleted, and the word “for” has been sub election, by a majority of the total vote tallied upon such tituted for the words “relating to” after the word “article” question, constituting at least 35 per cent of the total number i line 4. These changes have been made for purpose of of registered voters; provided, that no constitutional amend inproved language construction. ment altering this proviso or the representation from any In paragraph seven the word “section” has been substitu senatorial district m the senate shall become effective, un ed for the word “article” in line 3. By placing this sentence less it shall also be approved by a mijority of the votes ri Section 3, the only reference to proposals relating to tallied upon the question in each of a majority of the count mendment appear in this section. ies. Your Committee on Style submits the proposed article, The provisions of this section shall be self-executing, .s attached, for the consideration of the Convention. but the legislature shall make the necessary appropriations —July 5, 1950 and may enact legislation to facilitate its operation. Benjamin 0. Wist, SECTION 3 [Amendment by Legislature Veto] The Wm. H. Heen Chairman Steere G. Noda legislature may propose amendments to the constitution NelsonK.Doi, Tom T. Okino in the following manner: Vice -Chairman Herbert M. Richards (a) By adopting the same, in the manner required for I. Garner Anthony Harold S. Roberts legislation, by a two-thirds vote of each house on final read Marguerite K. Ashford Clarence Y. Shimamura ing, after either or both houses shall have given the gover Alexander C astro C.Nils Tavares nor at least ten days’ written notice of the final form of the Randolph Crossley Cable A. Wirtz proposed amendment; or Takao Yamauchi (b) By adopting the same, in the manner required for legislation, with or without such notice to the governor, by a majority vote of each house on final reading, at each of COMMITTEE PROPOSAL NO. 9, RD 2* two successive sessions of the legislature. ARTICLE XV Upon such adoption, the proposed amendments shall be entered on the journals, with the ayes and noes, and publish SECTION 1. [Revision and Amendments.] Revisions of ed once in each of four successive weeks, in at least one r amendments to this constitution may be proposed by~ newspaper of general circulation in each senatorial district onstitutional convention or by the legislature. wherein such a newspaper is published, within the two SECTION 2. [Constitutional Convention.] The legisla months’ period immediately preceding the next general ire may submit to the electorate at any general or election for members of the legislature. pecial election the question, “Shall there be a convention At such general election the proposed amendments shall propose a revision of or amendments to the constitution?” be submitted to the electorate for approval or rejection up any ten-year period shall elapse during which the question on a separate ballot hall not have been submitted, the lieutenant governor shall The conditions of and requirements for ratification of ertify the question, to be voted on at the first general elec such proposed amendments shall be the same as provided on following the expiration of such period. in Section 2 of this article for ratification at a general elec tion. Amended by Convention on third reading by making last No proposal for amendment of the constitution adopted entence Section 4, and changing word “section” to “article,” in either manner provided by this section shall be subject nd RD 3 passed. to veto by the governor. 268 JOURNAL DOCUMENTS STANDING COMMITTEE REPORT NO.110 STANDING COMMITTEE REPORT NO. 111 Your Committee on Style to which was referred Commit Your Committee on Style to which was referred Com tee Proposal No. 28, RD 1, dealing with Industry and Labor, mittee Proposals Nos. 13, 21, 15, and RD 1 of Proposals has examined the action of the Convention and the report of Nos. 17, and 19, dealing with miscellaneous matters (State the Committee of the Whole, and begs leave to report as Flag, Equal Rights, State Boundaries, Intergovernmental follows: Relations, Oath of Office) has examined the action of the Convention and the report of the Committee of the Whole, 1. That the proposal entitled Industry and Labor be re and begs leave to report as follows: ferred to the Convention for third readmg in the form at tached (Com. Proposal No. 28, RD 2)., 1 That the several proposals under the above headings 2. Your committee calls attention to the following changes be referred to the Convention for third reading in the forth in arrangement and form which have been made in the pro attached (Com. Proposal No. 13,RD 1; Com. Proposal No. posed article as adopted on the floor of the Convention. 21, RD 1; Com. Proposal No. 15, RD 1; Com. Proposal No. 17, RD 2; and Com. Proposal No. 19, RD 2). a. The proposed article has been tentatively desig 2. Your committee has tentatively grouped all five pro nated Article XII. posals under one heading and for purpose of temporary b. The proposed article has been divided into two convenience (a) has designated the series as Article XIV, sections. This division has been made in view of the and (b) referred to each of the individual proposals ‘as sec - nature of the subject matter, the first sentence of the tions, instead of separate proposals, as passed on second original article dealing with rights of persons in private reading by the C onvention. employment, the second sentence dealing with the rights 3. With reference to the action above, your committee of persons in public employment. calls to the attention of the Convention that these sections c. The sub-title “Private Employees” has been given may (a) appear as separate articles, or (b) be incorporated to Section 1; the sub-title “Public Employees” has been as separate sections of other articles in the final draft of given to Section 2. the Constitution, instead of appearing in an article on miscel The original sub-title “Industry and Labor” has been laneous matters. deleted. 4. Your committee also calls to the attention of the Con It is the judgment of your Committee that the above vention the fact that other proposals submitted by the Com changes do not affect substance. mittee on Miscellaneous Matters have not as yet been acted 3 Your committee recommends the change in phrase upon by the Convention. When such proposals shall have ology indicated below The line number refers to the re passed second reading they will be reviewed by the Commit vised section as it appears in Article XII (Cam. Proposal tee on Style and referred back to the Convention for consider No. 28, RD 2). It is the judgment of your committee that ation and third reading under the tentative article desig the suggested change does not affect the substance of the nation used for other proposals of the Committee on Miscel original proposal, as approved by the Convention on second laneous Matters (Article XIV). reading. 5. Your committee calls attention to the following changes in form, arrangement, phraseology and punctuation which’ Section 2. The word “to” after the word “organize” have been made in each of the proposals, as adopted on the in line 3, has been deleted. This deletion has been made floor of the Convention. for purpose of improved language construction a. State Flag: This article (Com. Proposal No. 13) Your C ommittee on Style submits the proposed article, has been tentatively designated Section 1. The words as attached, for the consideration of the Convention. “emblem of the Territory of Hawail, known as the” have —July 5, 1950 been deleted, as redundant and for purpose of brevity. It is the judgment of your committee that the Hawaiian Benjamin 0. Wist, Wm. H. Heen flag, which was adopted in the days of the monarchy, and Chairman Steere G. Noda is defined by. Section 12940 of the Revised Laws of Hawaii, Nelson K. Doi, Tom T. Okino 1945, is so well-known as to make reference to it as the Vice-Chairman Herbert M. Richards emblem of the Territory of Hawaii unnecessary. The S. Garner Anthony Harold S. Roberts comma after the word “flag” has been deleted, in view Marguerite K. Ashford Clarence Y. Shimamura of the reconstruction of the sentence. Alexander C astro C. Nils Tavares b. Equal Rights: This article (Com. Proposal No. Randolph C rossley Cable A. Wirtz 21) has been tentatively designated Section 2. The words Takao Yamauchi “the term ‘person,’ ‘persons,’ ‘people,’ or” have been deleted, as redundant. The word “appears” has been substituted for the words “is used”; the word “it” has been substituted for the words “the same”; and the paren thetical phrase “in this constitution” has been inserted COMMITTEE PROPOSAL NO. 28, RD 2 between the word “appears” and the word “it” in line 2. ARTICLE XII The changes have been made for purpose of improved language construction. The words “persons of,” in line SECTION 1. [Private Employees.] Persons in private employment shall have the right to organize for the 3, have been deleted, as redundant. c. State Boundaries: Thin article (Com. Proposal purpose of collective bargaining No. 15) has been tentatively designated Section 3. The SECTION 2. [Public Employees.] Persons in public last four words of the sentence have been made the first employment shall have the right to organize, present to and four words, the letter “t” having been capitalized the make known to the State, or any of its political subdivisions first time and made a small letter the second time the or agencies, their grievances and proposals. article “the” is used in the sentence. The words “shall STANDING COMMITTEE REPORT NO. 113 269 include” have been substitutedfor the words “shall be and defend the constitution of the United States, and the con known as” and inserted after the word “Hawaii” in lines stitution of the State of Hawaii, and that I will faithfully in lines 1-2. The last named change has been made to discharge my duties as , to the best differentiate between the use of the word “State” as a of my ability.” The legislature may prescribe further oaths geographical area and the use of this word elsewhere in or affirmations. this Constitution. The other changes have been made for purpose of improved language construction. d. Intergovernmental Relations: This article (C pm. Proposal No. 17) has been tentatively designated Section STANDING COMMITTEE REPORT NO. 112 4. The word “funds” has been inserted between the words “and” and “may” in lines 7-8, the word “appropriate” Your Committee on Printing to which was referred the has been changed to “appropriated” in line 8, and the following Standing C ommittee Report, C ommittee Proposals words “such sums as may be necessary to finance its and Commitiee of the Whole Reports begs leave to report fair share of the cost of such activities” have been re that said reports and proposals have this day been printed placed by the words “to effect such cooperation” in lines in accordance with the second paragraph of Rule 47 (c) of 8—9. this Convention: Standing Com. Rpt. No. 110—with Commit The above changes have been made in the interests of tee Proposal No. 28, RD. 2; Committee of the Whole No. 17, improved language construction. It is the judgment of RD. 1—with Commitiee Proposal No. 22, RD. 2; Committee your committee that the changes do not affect substance. of the Whole No. 18—with Committee Proposal No. 10, RD e. Oath of Office: This article (Com. Proposal No. 1; and Committee of the Whole No. 19—with Committee 19) has been tentatively designated Section 5. A comma Proposal No. 20, RD. 1.—July 6, 1950 has been inserted before the words “to the best” in line C harles H. Silva, Chairman 10. These changes have been made for purpose of im proved language construction and do not affect substance. Your C ommittee on Style submits the proposed article, as attached, for the consideration of the Convention. STANDING COMMITTEE REPORT NO. 113 —July 6, 1950 Your C ommittee on Style to which was referred C ommit tee Proposal No. 26, RD 1, dealing with local government, Benjamin 0. Wist, William H. Heen has examined the action of the Convention and the report of Chairman Steere G. Noda the Committee of the Whole, and begs leave to report, as Nelson K. Doi, Tom T. Okino Herbert M. Richards follows: Vice-Chairman T. Garner Anthony Harold S. Roberts 1. That the proposal entitled Local Government be re Marguerite K. Ashford Clarence Y. Shimamura ferred to the Convention for third reading in the form at Alexander C astro C. Nils Tavares tached (Committee Proposal No. 26, RD 2). Randolph Crossley Cable A. Wirtz 2. Your committee calls attention to the following changes Takao Yamauchi in arrangement and form which have been made in the pro posed article as adopted on the floor of the Convention. ARTICLE XW a. The proposed article has tentatively been desig COMMITTEE PROPOSAL NO. 13, RD 1 nated as Article IX. b. The following subtities have been added: Section SECTION 1. [State Flag.] The Hawaiian flag shall i—Political Subdivisions; C reation, Powers. Section 2— be the flag of the State of Hawaii Local Self-Government; C harter. Section 3—Taxation COMMITTEE PROPOSAL NO. 21, RD 1 and Finance. Section 4—Mandates; Accrued Claims. Section 5—Statewide Laws. SECTION 2. [Equal Rights.] Wherever any personal c. The third sentence of Section 1, RD 1, has been pronoun appears in this constitution, it shall be interpreted taken out of that section and has been designated as to include both sexes. Section 4. COMMITTEE PROPOSAL NO. 15, RD 1 d. The portion of the second sentence of Section 1 which refers to the power of political subdivisions to SECTION 3. [State Boundaries.] The State of Hawaii frame and adopt charters has been taken out of Section 1 shall include the islands and territorial waters hereto and placed in Section 2. The purpose of this change is to fore constituting the Territory of Hawaii. refer separately to the powers of the legislature to create COMMITTEE PROPOSAL NO. 17, RD 2 counties and the power of counties to frame and adopt charters. SECTION 4. [Inter-Governmental Relations.] The e. Section 2 of the original proposal has been re legislature may provide for cooperation on the part of numbered and appears as Section 3 in the proposed this State and its political subdivisions with the United article. States, or other states and territories, and their political f. Section 3 of the original proposal appears in the subdivisions in matters affecting the public health, safety proposed article as Section 5. and general welfare, and funds may be appropriated to effect such cooperation. It is the judgment of your commitiee that none of the above changes affects the substance of the original proposal COMMITTEE PROPOSAL NO. 19, RD 2 of the Committee on Local Government, as approved by the SECTION 5. [Oath of Office.] All public officers shall, C onvention on second reading. before entering upon the duties of their respective 3. Your committee recommends the changes in phrase offices, take and subscribe to the following oath or affirm ology and punctuation indicated below. Where line numbers ation: “I do solemnly swear (or affirm) that I will support are mentioned reference is made to the revised sections as 270 JOURNAL DOCUMENTS they appear in Article IX (Committee Proposal No. 26, RD State of Hawaii as a State of the Union and to issue said 2). stamps and coin in commemoration of the admission of It is the judgment of your committee that none of these Hawaii into the federal Union, begs leave to report as changes affects the substance of the original proposal, as follows: approved by the Convention on second reading. Your committee is in full accord with the purposes of a. The words “and exercise such” have been inserted this Resolution but in order to accomplish such purposes, after the word “have” in lines 5-6, and the word “power” your committee is of the opinion that this Resolution should in line 6 has been changed to “powers.” be amended in the following respects: b. The words “as shall be conferred under the pro 1. Insert the word “Proposed” before the words visions of general laws” have been added immediately “Seal of the State of Hawaii” wherever the phrase ap following the word “powers” in line 6. pears in said Resolution. c. In Section 2 the words “Each political subdivision 2. Insert the word “the” before the words “Post-. shall have power” appear as the first words of the sen. master General” in the last paragraph of said Resolution. tence comprising this section. d. In Section 3 of the redraft, the letter “s” in the Your committee is also of the opinion that thin Resolution word “state” in line 6 is not capitalized. The word “state” should be signed by all members of this Convention who are is used here as an adjective. in agreement with its purposes. Your committee accordingly recommends the adoption Your C ommittee on Style submits the proposed article, of this Resolution in the amended form hereto attached. as attached, for the consideration of the Convention. —July 10, ~l950 —July 8, 1950 Takao Yamauchi, Samuel K. Apoliona, Tr. Benjamin 0. Wist, William H. Heen Chairman Kazuo Kage C hair man Steere G. Noda George Dowson, Masao Kanemaru Nelson K. Doi, Tom T. Okino Vice-Chairman H. S. Kawakami Vice-Chairman Herbert M. Richards W. 0. Smith I. Garner Anthony Harold 5. Roberts Marguerite K. Ashford Clarence Y. Shimamura RESOLUTION Alexander Castro C. Nils Tavares Randolph C rossley Cable A. Wirtz WHEREAS, the issuing of stamps and minting of coins in Taicao Yamauchi commemoration of historic events is a practice long es tablished in the United States of America; and WHEREAS, the admittance of the State of Hawaii to the COMMITTEE PROPOSAL NO. 26, RD 2 federal Union will be an event of both national and inter national imp?rtanc e; now, therefore, ARTICLE IX BE IT RESOLVED by the Constitutional Convention of SECTION 1. [PolitIcal Subdivisions: Creation, Powers.] Hawaii of 1950, that the Postmaster General of the United The legislature shall create counties, and may create States, upon the admission of Hawaii as a state of the Union, other political subdivisions within the State, and provide is respectfully requested to cause a six-cent airmail stamp for the government thereof. Each political subdivision to be designed, embodying therein the Proposed Seal of the shall have and exercise such powers as shall be con State of Hawaii, and to issue said stamps in commemoration ferred under the provisions of general laws. of the admission of Hawaii into the federal Union; and SECTION 2. ~[Local Self-Government; Charter.] Each BE IT FURTHER RESOLVED that the Secretary of• political subdivision shall have power to frame and~ Treasury of the United States is respectfully requested, adopt a charter for its own sell-government within such upon the admission of Hawaii as a state of the Union, to limits and under such procedures as may be prescribed by cause a 50-cent coin to be designed, embodying thereon the law. Proposed Seal of the State of Hawaii and other appropriate designs, and to have said coin struck and issued in com SECTION 3. [Taxation and Finance.] The taxing power memoration of the admission of Hawaii into the federal shall be reserved to the State except so much thereof Union; and as may be delegated by the legislature to thepolitical sub divisions, and the legislature shall have the power to ap BE IT FURTHER RESOLVED that certified copies of portion state revenues among the several political sub this resolution be forwarded to the President of the United divisions. States, the Secretary of Treasury of the United States, the Postmaster General of the United States, the President of SECTION 4. [Mandates: Accrued Claims.] No law the Senate, the Speaker of the House of the Congress of shall be passed mandating any political subdivinion to pay the United States and to the Delegate to the C ongress from any previously accrued claim. Hawaii. SECTION 5. [Statewide Laws.] This article shall riot limit the power of the legislature to enact laws of statewide concern. STANDING COMMITTEE REPORT NO 115 Your Committee on Miscellaneous Matters to which was STANDING COMMITTEE REPORT NO~ 114 referred Proposal No. 6, relating to government office or employment, begs leave to report as follows: Your C ommittee on M inc ellaneous Matters, to which was referred Res. No. 44, requesting the Postmaster General This proposal was referred to your committee upon the of the United States to have a six-cent airmall stamp and recommendation of the Committee on Executive Powers and Functions (Standing Com. Rpt. No. 57). a50-cent coin designed, embodying therein the Seal of the STANDING COMMITTEE REPORT NO. 119 271 Your committee accordingly discussed and deliberated c. The following subtitles have been given to the sec - the subject matter of said proposal, which relates to the tions: Section 1: Establishment of the Executive. Sec - three years’ residence requirement for governmental em tion 2: Lieutenant Governor. Section 3: Compensation, ployees, and inasmuch as your committee feels that this is Governor, Lieutenant Governor. Section 4: Succession of a statutory nature, it respectfully recommends that this to Governor. Section 5: Executive Powers. Section 6: proposal be placed on file.—July 10, 1950 Executive and Administrative Offices and Departments. Takao Yamauchi, H. S. Kawakami d. The following rearrangement of subject matter Chairman W. 0. Smith has been made to effect brevity, better organization and George Dowson, the grouping of related mateñals. • Samuel K. Apoliona, Jr. Vice-Chairman Kazuo Kage (1) The subject matter of Sections 6, 7, 8 and 9 Masao Kanemaru has been dealt with in a single section n the redraft (Section 5). (2) The subject matter of Section 11 has been STANDING COMMITTEE REPORT NO. 116 made the concluding paragraph of Section 5. Your Committee on Printing, to which was referred the Under the above arrangement, the several sections deal following Standing Committee Report, Committee Proposals ing with the powers of the executive have been condensed and Committee of the Whole Report, begs leave to report into a single section. In the judgment of your committee, that said Reports and Proposals have thin day been printed the rearrangement does not affect substance. Your commit in accordance with the second paragraph of Rule 47 (c) of tee recommends the following rearrangement of the subjeCt this Convention: Standing C om. Rpt No. 111—with C ommit matter of the several sections of the proposed article. tee Proposal No. 13 RD 1 and Committee Proposal No. 19 Section 4: The last sentences in the first and third para RD 2; Committee of the Whole No. 21—with Committee graphs of Section 4, respectively, referring to impeachment Committee Proposal 26 RD 1. —July 10, 1950 have been combined as the concluding paragraph, of thin Charles H. Silva, Chairman section. Section 5: STANDING COMMITTEE REPORT NO. 117 a. Reference to the powers of the governor as com mandCr in chief of the armed forces has been made the Your C ommittee on Printing to which was referred second sentence in the new Section 5 (see Section 9, under the subtitle Armed Forces of the original proposal). Standing Com. Rpt. No. 113 and Committee Proposal No. 26, begs leave to report that said Report and Proposal have b. The third sentence of the first paragraph of Sec - this day been printed in accordance with the second para tion 5 deals with the subject matter of the original Sec graph of Rule 47 (c) of thin Convention. —July 10, 1950 tion 6 (Subtitle: Legislative Powers). c. The fourth sentence of the first paragraph of Sec Charles H. Silva, Chairman tion 5 deals with the subject matter of the original Sec tion 7 (Subtitle: Special Session and Extended Session). d. The second paragraph of Section 5 deals with the STANDING COMMITTEE REPORT NO. 118 subject matter of the original Section 8 (Subtitle: Pardons and Reprieves). Your Committee on Printing tb which was referred Com e. The words “Except as otherwise provided in this mittee of the Whole Report No. 22 and Committee Proposal constitution” originally appearing at the beginning of the No. 27 RD 2 begs leave to report that said Report and Pro third paragraph of Section 10, have been deleted. posal have thin day been printed in accordance with the second paragraph of Rule 47 (c) of thin Convention. At the time of the adoption of the report on Executive Powers and Functions the manner to be followed in the se —July 10, 1950 lection of the board of education had not been determined. Charles H. Silva, Chairman The words which have been deleted in the redraft were pro vided in the original draft to care for the possibility of a board of education being selected in some othermanner than STANDING COMMITTEE REPORT NO. 119 by appointment by the governor. In view of the fact that thin Constitution makes no ex Your Committee on Style to which was referred Commit ception in the case of the selection of school board members, tee Proposal No. 22, RD 1, dealing with Executive Powers and in view likewise of the fact that there are no other ex and Functions has examined the action of the Convention ceptions, your committee is of the opinion that the reference and the report of the Committee of the Whole, and begs leave to exceptions is unnecessary. Your committee calls to the to report as follows: attention of the delegates, however, that such deletion does not, in its judgment, affect in any way the restriction placed 1. That the proposal entitled “The Executive” be re upon the governor to nominate members to the board of ferred to the Convention for third reading in the form at education from panels submitted by local school advisory tached (Committee Proposal No. 22, RD 2). committees. 2. Your committee calls attention to the following changes in arrangement and form which have been made in the pro 3. Your committee recommends the changes in phrase posed article as adopted on the floor of the Convention. ology and punctuation indicated below. Where line numbers are mentioned, reference is made to the revised sections a. The proposed article has been tentatively desig as they appear in Article V (Committee Proposal No. 22, RD nated Article V. 2). It is the judgment of your committee that none of these b. The number of sections has been reduced from changes affects the substance of the original proposal as eleven to six. approved by the C onvention on second reading. 272 JOURNAL DOCUMENTS Section 1. The letter “g” in the word “governor,” The words “for the remainder of the term” have been wherever it appears in this article is not capitalized. deleted, and the word “he” has been substituted for the words The word “legally” (line 1 of paragraph 2) has been de “lieutenant governor” in line 10. leted as unnecessary and to conform to language used in the The above changes have been made in the interest of article on Suffrage and Elections. improved language construction. It is the consensus of The words “such manner as may be provided by” have your committee that they do not affect substance. been changed to read “accordance with,” to conform to similar usage elsewhere in this constitution. Section 4. The first sentence of paragraph 4 has been The word “begin” has been substituted for the words “be reconstructed for purposes of clarity and improved lan four years beginning” in the second line of paragraph 2, guage construction. This sentence deals with provisions and the word “end” has been substituted for the word ‘end for the transfer of the powers of the governor to the lieu ing” in the third line of the same paragraph. tenant governor. Such transfer of authority can take place The word “He” has been substituted for the words “Such when (a) a vacancy exists, (b) the governor is absent from person” in the second line of the third paragraph, a comma the State, or (c) the governor is unable to perform his has been inserted alter the word “voter” in the same line, duties although physically present in the State. and the word “has” has been substituted for the words, “who It is the consensus of your committee that the proposed shall have” in line 3 and again in line 4. wording of this sentence covers all of the subject matter The words “for twenty years” have been shifted from of the original draft, but does this without specific refer their position in line 4, after the word “been,” to line 5, ence to the varied conditions which could be the cause of after the words “United States for.” vacancy or absence. The words “qualify,” “death,” “re The above changes have all been made in the interest of moval from office” and “resignation” have been deleted. improved language construction. In the opinion of your committee, the failure of a person The words “of America” have been deleted after the elected to the governorship to qualify for the office or the words “United States” (H. H. 49 refers to the country as death, resignation or removal of the governor from offine the United States without using the words “of America”). would in each case result in a vacancy. The same deletion has been made in the third line of para The word “When” has been substituted for the words graph 4. “In case of” in the first line of the sentence and the word The comma after the word “employment” in line 2 In “vacant” has been substituted for the words “failure to this paragraph has been deleted as unnecessary. qualify,” “removal from office,” “death” and “resignation.” A new first sentence, “When the office of governor is Section 2. The letters “1” and “g” in the words “lieu vacant, the lieutenant governor shall become governor,” tenant governor” are not capitalized, wherever they appear has been substituted. Absence of the governor from the in this section. State or his inability to serve have been provided for in The word “He” has been substituted for the words “the a new second sentence in this paragraph: “In the event lieutenant governor” in the third bile, and again in the fifth of the absence of the governor from the State, or his in- line of this section. A comma has been inserted alter the ability to discharge the powers and duties of his office, word “manner” in the fifth line such powers and duties shall devolve upon the lieutenant The above changes have been made for purpose of im governor during such absence or disability.” The words proved language construction. “for the remainder of the term or until the disability is removed” have been deleted. Section 3. The word “of” has been substituted for the The third sentence of the original draft, referring to word “for” in the first line of the first paragraph, the words impeachment has been deleted from the first paragraph, “of the” have been inserted before the words “lieutenant the subject matter of this sentence being cared for in a governor,” and the word “fixed” has been substituted for new third paragraph which has been added to the section. the word “set” in the second line. The second paragraph of Section 4 has been reconstruct The words “shall not” have been substituted for the words ed, to conform to the changes made in the first paragraph. “in no event shall” in the third line. The first sentence of this paragraph, which relates to The words “eighteen thousand dollars” and “twelve thou succession to office in the event of a vacancy in the posi sand dollars” have been substituted for the figures “$18,000” tion of lieutenant governor, or his inability to serve be and “$12,000” in the fourth and fifth lines. Commas have cause of absence from the State or for other reason, has been inserted after the word “dollars” in both lines 4 and 5, been simplified by the same deletion of unnecessary words and a period has been substituted for the comma after the and the same language reconstruction. word “annum” in the fifth line. The second sentence of paragraphs 1 and 2, rehpective The words “Such compensation” have been substituted! for ly, have been combined into a new paragraph. The words the word “and” in the fifth line, as the first words of a new “In the event of the” have been substituted for “In case of sentence. his,” and the words “of the governor or of the lieutenant The word! “diminished” has been substituted for the word governor” have been substituted for the word “he.” “decreased” in the! sixth line, and the words “their respec It is the judgment of your committee that the above tive” have been substituted for the word “the” in lines 6_7. condensation does not affect substance. In the seventh line Of this section the word “terms” has been substituted for the word “term,” the words “for which Section 5. The word ‘He” has been substituted for the they shall have been elected” have been deleted after the words “The Governor” in the second line of the first para word “terms,” an4 the word “general” has been inserted graph (See Section 9 of original draft); the word “the” has before the word “law.” been substituted for the word “this” in line 2, and the word The words “in equalmeasure” have been deleted in lines “or” has been substituted for the comma alter the word 7-8, and the word “salaried” has been inserted between the “insurrection” in line 5 for purpose of improved language words “all”and “officers” inline 8. construction. The word “rebellion” has been deleted, as A comma has been inserted alter the word “governor” unnecessary, the words “insurrection” and “rebellion” in the tenth line of this section. being synonyms. STANDING COMMITTEE REPORT NO. 120 273 It is the judgment of your committee that none of the in lines 7-8, to conform to what your committee believes to above changes affect substance. have been the intent of the Convention. In the third sentence of Section 5 (See Section 6 of The word “however,” together with the commas setting original draft) the word “beginning” has been substituted it apart, have been deleted in line 8. for the word “commencement” in the seventh line, and a The words “such commissions” have been deleted be comma has been inserted after the word “may.” In the fore the word “need” in line 9, as unnecessary in view of the eighth line the letter “1” in the word “legislature” is not reconstruction of the sentence. capitalized in the redraft and the word “concerning” has In the second line of the second paragraph a comma has. been substituted for the words “as to.” In the ninth line been substituted for the period after the word “governor”; the word “the” has been substituted for the word “this” and the word “and” and a comma have been inserted after before the word “State”; the comma after the word “State” the word “governor” in the same line. - has been deleted, and the word “may” before the word The clause “unless otherwise provided in this constitu “recommend” has been deleted. The words “to their tion or by law” has been shifted from its former position consideration” have been inserted between the words “re to follow the words “the governor and” in lines 2-S of the commend” and “such” in lines 9-10. The word “he” has redraft. The words “shall be headed by” have been substi been substituted for the words “the Governor” in line 10. tuted for the words “the head of each principal department The above changes have been made for purpose of im shall be” in lines 3-4, and a period has been placed after proved language construction and do not affect substance. the word “executive.” The word “his” has been deleted in In the fourth sentence of the first paragraph of Section line 7, as redundant. 5 (See Section 7 of original draft), the word “He” has been In the first sentence of the third paragraph the words substituted for the words “The Governor” in the first line, “Except as otherwise provided in this Constitution” have the letter “1” in the word “legislature” is not ôapitalized; been deleted. (See page 3 of this report.) The letter “w” the comma after the word “legislature” has been deleted. in the word “When” has been capitalized in line 1. A small The comma after the word “alone” in line 12 has been de “s” has been used in the word “state” in line 2, the word leted; the period after the word “proclamation” has been here being used as an adjective. replaced by a comma, and the words “and may” have been The language “shall be nominated and, by and with the substituted for the words “The Governor shall have power advice and consent of the senate” has been substituted for to” in line 12. The comma after the word “regular” has “shall be appointed by the Governor subject to the confirm been deleted in line 13, and the first letter of the word ation of the senate” in lines 3-4, to conform to similar “legislature” is not capitalized. The first letter of the usage in this constitution and in accord with the authorization word “constitution” is not capitalized in line 14. in the Convention. The word “budget” (line 13) has been deleted, as redun In the first sentence of paragraph 4, the modification in dant. (A budget session is also a regular session.) All language, referred to immediately above, appears in lines other changes have been made in the interest of improved 1-2. The words “by law” are deleted after the word “pro language construction. vide” in line 5, as redundant. Lower case “s” is used in In the second sentence of paragraph 2 of Section 5 (See the word “senate” (line 8). Section 8 of original draft), a comma has been inserted In paragraph 5, the words “an interim” have been sub after the word “may”; the word “provide” has been deleted stituted for the words “a recess” before the word “appoint and a comma has been inserted after the word “law” in the ment” in lines 7-8, as more exact in meaning. (The state fourth line. legislature, unlike the Congress, does not recess between The words “authorize the governor to grant pardons be sessions.) fore convictions, to grant reprieves, commutations and In the third line in paragraph 6, the words “been residents pardons for impeachment” have been substituted for the of the State” have been substituted for the words “resided words “for granting commutations and pardons by the Gover therein,” as conforming more exactly to the intent of the nor before a conviction and for the granting of reprieves, Convention in acting upon thin section. commutations and pardons for impeachment” in lines 5-7. In line 7, a comma has been inserted after the word “im Your Committee on Style submits the proposed article, peachment”; the words “to restore” have been substituted as attached, for the consideration of the C onvention. for the words “for the restoration”; the words “by order of —July 11, 1950 the Governor of” have been deleted; the word “rights” has Benjamin 0. Wist, William H. Heen been substituted for the word “right,” and the word “denied” Chairman Steere G. Noda has been substituted for the word “lost.” In line 8, the Nelson K. Doi, Tom T. Okino article “the” before the word “conviction” has been deleted, Vice -Chairman Herbert M. Richards and the word “tribunals” has been substituted for the word I. Garner Anthony Harold S. Roberts “jurisdiction.” The words “those of” have been substituted Marguerite K. Ashford Clarence Y. Shimamura for the word “by” in line 9. Alexander Castro C. Ntis Tavares Except for the use of the lower case “g” in the word Randolph Crossley Cable A. Wirta “governor,” no change has been made in the third paragraph Takao Yam auchi of Section 5 (See Section ii of original draft). It is the judgment of your committee that the changes COMMITTEE PROPOSAL NO. 22, RD 2 proposed for Section 5 improve language construction, clarify the intent of the Convention in its adoption of this ARTICLE V. THE EXECUTIVE section, and do not affect substance. Section 6. (See Section 10 of original draft). The letter SECTION 1. [Establishment of the Executive.] The “s” in the word “state” (second line of paragraph 1) is not executive power shall be vested in a governor. capitalized in the redraft, the word “state” in this instance The governor shall be elected by the qualified voters of~ being used as an adjective. The words “or agencies” have this State at a general election. The person receiving the been inserted between the words “commissions” and “for” greatest number of votes shall be the governor. In case of 274 JOURNAL DOCUMENTS a tie vote, the selection of governor shall be determined in The governor shall appoint an administrative director to accordance with law. serve at his pleasure. The term of office of the governor shall begin at noon on the first Monday in December next following his election and SECTION 6. [Executive and Administrative Officers end at noon on the first Monday in December, four years and Departments.] All executive and administrative thereafter. offices, departments and instrumentalities of the state No person shall be eligible to the office of governor, un government and their respective functions, powers and less he is a qualified voter, has attached the age of 35 years, duties shall be allocated by law among and within not and has been a citizen of the United States for 20 years and more than 20 principal departments, in such manner as to a resident of this State for five years, next preceding his group the same according to major purposes so far as election. practicable. Temporary commissions or agencies for The governor shall not hold any other office or employ special purposes may be established by law and need not ment of profit, under this State or the United States during be allocated within a principal department. his term of office. Each principal department shall be under the supervision of the governor and, unless otherwise provided in this con SECTION 2. [Lieutenant Governor.] There shall be a stitution or by law, shall be headed by a single executive. lieutenant governor, who shall have the same qualifica Such single executive shall be nominated and, by and with tions as the governor. He shall be elected at the same time, the advice and consent of the senate, appointed by the gover for the same term, and in the same manner, as the gover nor and he shall hold office for a term to expire at the end nor. He shall perform such duties as may be prescribed by of the term for which the governor was elected. The gover law. nor may, by and with the advice and consent of the senate, remove such single executive. SECTION 3. [Compensation, Governor, Lieutenant Whenever a board, commission or other body shall be Governor.] The compensation of the governor and of the head of a principal department of the state government, the lieutenant governor shall be fixed by the legislature, the members thereof shall be nominated and, by and with the but shall not be less than $18,000, and $12,000 respec advice and consent of the senate, appointed by the governor. tively, per annum. Such compensation shall not be in The term of office and removal of such members shall be creased or diminished for their respective terms unless by as prescribed by law. Such board, commission or other general law applying to all salaried officers of the State. body may appoint a principal executive officer who may be When the lieutenant governor succeeds to the office of ex officio a voting member of such board, commission or governor, he shall receive the compensation for that office. other body. When authorized by law, and who may be re moved by n majority vote of the members appointed by the SECTION 4. [Succession to Governorship.] When the governor. office of governor is vacant, the lieutenant governor shall The governor shall nominate and, by and with the advice become governor. In the event of the absence of the and consent of the senate, appoint all officers for whose governor from the State, or his inability to discharge the election or appointwent provision Is rjot otherwise made powers and duties of his office, such powers and duties shall by this constitution or by law. The legislature may provide devolve upon the lieutenant governor during such absence or for the suspension or removal for cause, by the governor, disability. of any officer for whose removal the consent of the senate When the office of lieutenant governor is vacant, or in is required by this constitution. the event of his absence from the State, or his inability to When the senate is not in session and a vacancy occurs discharge the powers and duties of his office, such powers in any office, appointment to which requires the confirm and duties shall devolve upon such officers in such order of ation of the senate, the governor may fill the office by grant succession as may be provided by law. ing a commission, which shall, unless such appointment is In the event of the impeachment of the governor or of the confirmed, expire at the end of the next session of the lieutenant governor, he shall not exercise the powers of his senate. No person appointed to any office shall be eligible office until acquitted. for an interim appointment to such office if the appointment SECTION 5. [Executive Powers.] The governor shall shall have failed of confirmation by the senate. be responsible for the faithful execution of the laws. He All officers appointed under the provisions of this section shall be commander In chief of the armed forces of the shall be citizens of this State and shall have been residents State and may call out such forces to execute the laws, to of the State for at least three years next preceding their appointment. suppress or prevent insurrection or lawless violence or to repel invasion. He shall, at the beginning of each session, and may, at other times, give to the legislature information concerning the affairs of the State and recommend to their STANDING COMMITTEE REPORT NO. 120 consideration such measures as he shall deem expedient. He may call special sessions of the legislature or the senate Your Committee on Printing to which was referred the alone by proclamation, and may extend any regular or following Standing Committee Report, Resolution, C ommittee special session of the legislature as provided in this con of the Whole Report and Committee Proposal, begs leave to stitution. report that said reports, proposal and resolution have this The governor may grant reprieves, commutations and day been printed in accordance with the second paragraph pardons, after conviction, for all offenses, subject to re of Rule 47 (c) of this Convention: Standing Com. Rpt. No. gulation by law as to the manner of applying for the same. 114—with Res. No. 44, RD 1; CommIttee of the Whole Re The legislature may, by general law, authorize the gover port No. 23—with Committee Proposal No. 22, RD 3. nor to grant pardons before conviction, to grant reprieves, —July ii, 1950 commutations and pardons for impeachment, and to restore civil rights denied by reason of conviction of offenses by tribunals other than those of this State. C harles H. Silva, Chairman STANDING COMMITTEE REPORT NO. 122 275 STANDING COMMITTEE REPORT NO. 121 It is the judgment of your committee that none of these changes affects the substance of the original proposal, as Your Committee on Printing to which was referred the approved by the C onvention on second reading. following Committee of the Whole Reports, Committee Pro posals and Standing Committee Report, begs leave to report Section 1. The comma after the word “suspended” in line 2 has been deleted, for purpose of improved language that said reports and proposals have this day been printed in accordance with the second paragraph of Rule 47 (c) of construction. this Convention: Committee of the Whole Report No. 13, Section 3. The word “and” has been substituted for the RD 2—with Committee Proposal No. 12, RD 1; CommIttee words “provided that” in line 5 of the first paragraph. of the Whole Report No. 24—with Committee Proposal No. The word “hereby” has been deleted before the word 29, RD 1 and Committee Proposal No. 30, RD 1;. Standing “established” in line 1 of the second; paragraph, and the word Com. Rpt. No. 119—with Committee Proposal No. 22, RD 2. “such has been substituted for the words “this State debt” —July 12, 1950 in line 5. The word “when” has been substituted for the words “provided such excess debt of the State is” ~in line 5; Charles H. Silva, Chairman the words “to which” have been substituted for the word “of” after the word “members” in line 7; and the words “is entitled” have been inserted after the word “legislature” in lines 7-8. The word “provided” has been substituted for STANDING COMMITTEE REPORT NO. 122 the word “and” before the word “such” in line 8. The letter “s” in the word “state” in not capitalized, the word here Your Committee on Style to which was referred Commit being used as an adjective in line 10. The words “Fifteen tee Proposal No. 10, RD 1, dealing with Finance and Tax per cent (15%)” have been replaced by the words “fifteen ation, has examined the action of the Convention and the re percent” in line 11. port of the Committee of the Whole, and begs leave to re In the third paragraph the word “meet” has been sub port as follows: stituted for the word “fund” in the first line of the first 1. That the proposal entitled Finance and Taxation be sentence; the word “debts” after the word “which” in line referred to the Convention for third reading in the form 5 has been deleted and the words “a period of” have been attached (Committee Proposal No. 10, RD 2). deleted in line 6. The words “any debt” have been substi 2. Your committee calls attention to the following changes tuted for the words “the limits on debt” in line 13. The in arrangement and form which have been made in the pro words “and excess debt hereinabove provided” have been posed article as adopted on the floor of the Convention. deleted as the concluding words of the sentence, as redun-. dant. a. The proposed article has been tentatively desig In paragraph 4, the words “ten percent” have been sub nated as Article VIU. stituted for the words “Ten per cent (10%)” in line 1, and b. The order of the various sections has been changed the word “any” has been substituted for the word “the” in as follows: line 3, and a comma has been inserted after the word “sub (1) Section 5 of the original draft has been made division” in line 4. The word “then” has been deleted be Section 1. fore the word “last” in line 4, and the word “hereby” has (2) Section 6 of the original draft has been made been deleted before the word “established” in lines 5-6. Section 2. The semicolon after the word “unpaid” in line 8 has been (3) Section 7 of the original draft has been made replaced by a period; the words “provided that” in the same Section 3. line have been deleted. The letter “T” in the word “The” (4) Section 1 of the original draft has been made (line 8) before the word “aggregate” has been capitalized; Section 4. the word “however,” set off by commas, has been inserted (5) Section 2 of the original draft has been made between the words “aggregate” and “of” in lines 8-9. The Section 5. * word “such” has been substituted for the word “said” in (6) Section 3 of the original draft has been made line 9, and the article “a” has been substituted for the word Section 6. “any” before the word “fiscal” in line 10; the word “percent” (7) Section 4 of the original draft has been made has been substituted for the words “per cent (2%)” in line Section 7. 11; and the word “such” has been substituted for the word (8) The final section of the original draft, which “said” in line 12. bore no number, has been designated as Section 9. The sixth paragraph of the original draft has been added c. The following changes in section subtitles have to the fifth paragraph of the redraft as the concluding been made: Section 1. Taxing Power Inalienable (or sentence. In the sixth and seventh paragraphs of the redraft iginal, Powers of Taxation). Section 2. Taxation, Non the letter “s” in the word “section” is not capitalized. Resident Citizens (original, Uniformity of Taxation). All of the above changes have been made in the interest Section 7. Expenditure C ontrols (original, Expenditure ofimproved language construction. of Money). Section 9. Employees’ Retirement System (Subtitle added). Section 4. The words “Operating and Capital Expendi It is the judgment of your committee that none of the tures,”. which appear as a special sub-heading under the above changes affects the substance of the original pro subtitle “The Budget” in the original draft have been deleted posal of the Committee on; Finance and Taxation, as ap as redundant and unnecessary. The clause “as may be pre proved by the Convention on second reading. scribed by law,” which appears in line 3 of the original draft has been shifted to follow the word “session” in lines 3. Your committee recommends the changes in phrase 2-3 of the redraft. The words “of the legislature,” which ology and punctuation indicated below. Where line numbers originally appeared after the word “session” have been de are mentioned reference is made to the revised sections as leted as unnecessary (line 4). The letter “g” in the word they appear in Article VI (Committee Proposal No. 10, RD “governor,” in line 3 and throughout this article,is not 2). capitalized in the redraft. The word “anticipated” has been 276 JOURNAL DOCUMENTS inserted between the words “and” and “receipts” in lines words “under prescribed” have been substituted for the 6-7, as more exact in meaning. The word “next” before the words “in such manner and under such” in line 4. A comma word “ensuing” in line 7 has been deleted. The letter “b” has been substituted for the period alter the word “conditions’ in the word “budget” in line 10, and elsewhere in this article, in line 5, and the words “shall be made by law” have been is not capitalized in the redraft. The word “setting” has substituted for the words “as it may prescribe” as the con been substituted for the words “of which shall set” in line cluding words of the section. 11; and the word “proposed” has been inserted between the The above changes have all been made in the interest of words “all” and “operating” in the same line. The word improved language construction. “proposed” originally appearing after the word “expendi Section 8. A comma has been inserted after the word tires” in line 12 has been deleted and a comma has been “legislature,” and the word “shall” and the comma immedi substituted for the words “shall set forth” in line 13. The ately thereafter have been deleted in line 1. The word “shall’ word “such” has been substituted for the word “said” after has been inserted before the word “appoint” in line 3. A the word “during” in line 15. The clause “upon the opening comma has been inserted before the word “by” and the of the session,” set off by commas, has been inserted alter article “a” has been inserted immediately alter this word the word “also” in line 16. The letter “b” in the word “bills” in line 6. The word “majority” has been deleted before the in line 17 is not capitalized in the redraft. The words “pro word “vote” in line 7, and a comma has been inserted alter vide for” have been substituted for the word “authorize” in the word “session” in line 8. A comma has been inserted line 17 and the words “any recommended” have been sub in line 16 alter the word “officers,” and the comma together stituted for the words “new or” in line 18. The word “for” with the word “criticisms” have been deleted in line 17. The before the word “borrowings” in line 19 has been deleted. words “time or” in line 19 have been deleted. The word The word “met” has been substituted for the word “funded” “investigation” has been substituted for the word “investi in line 20, and a period has been substituted for the comma gations” in lines 21-22. The words “of the State, or its after the word “met.” The words “Such bills” have been political subdivisions,” have been deleted in line 22. substituted for the words “which Bills” in line 21. The The above changes have been made in the interest of im - word “upon” has been substituted for the words “as soon as proved language construction and do not affect substance. practicable after” in line 22 after the word “legislature,” and the word “regular” has been inserted after the word Section 9. The word “thereof” has been deleted in line 3. “each” in the same line. A period has been inserted alter Your Committee on Style submits the proposed article, the word “session” in line 23, and the final words of the as attached, for the consideration of the Convention; original section “during which the budget is to be consider ed” have been deleted. —July 12, 1950 The above changes have been made in the interest of im Randolph Crossley Benjamin 0. Wist, proved language construction. Steere G. Noda Chairman Section 5. The word “except” has been substituted for tle Nelson K. Doi, Tom T. Okino words “other than” in line 2. The words “recommended by Vice -Chairman Herbert M. Richards the governor for immediate passage, or” have been inserted Marguerite K. Ashford Harold S. Roberts between the words “bills” and “to” in lines 2-3 to replace Alexander Castro Cable A. Wins the words “unless the Governor has recommended the im Takao Yamauchi mediate passage of such appropriation bill” which appear as the concluding words of the paragraph in its original form. COMMITTEE PROPOSAL NO. 10, RD 2 The words “by either house” in line 5 alter the word “read ing” have been deleted. The first letters of the words “Bill,” ARTICLE VIII “General,” “Appropriations” and “Governor” which appear in lines 5, 8 and 9 are not capitalized in the redralt. A SECTION 1. [Taxing Power Inalienable.] The power period has been substituted for the comma alter the word of taxation shall never be surrendered, suspended or “governor” in line 9. contracted away. The above changes have all been made in the interest of SECTION 2. [Taxation, non-Resident Citizens.] The improved language construction. land and other property belonging to citizens of the Section 6. The comma after the word “levied” in line 1 United States residing without this State shall never be taxed has been deleted. The word “be” alter the word “property” at a higher rate than the lands and other property belonging in lines 2-3 and the words “given,” “lent” and “or” have to residents thereof. been deleted before the word “used” in line 4. The words SECTION 3. [Debt Limitations.] All bonds and other “in violation of” have been substituted for the words “which instruments of indebtedness issued by or on behalf of the is contrary to or in conflict with” in line 6. The letter “c” State or a political subdivision thereof must be authorized in the word “constitution” in line 7, is not capitalized in the by the legislature, and bonds and other instruments of in redralt. The numeral “3” has been substituted for the debtedness of a political subdivision must also be author numeral “5” in line 6, and the numeral “I” has been placed ized by its governing body. in the blank space following the word “Article” in the same Sixty million dollars is established as the limit of the line. Except for the correction immediately above, other funded debt of the State at any time outstanding and unpaid. Bonds and other instruments of indebtedness in excess of changes in Section 6 of the redraft have been made for the purpose of improved language construction. such limit may be issued, when authorized by a two-thirds vote of all the members to which each house of the legisla Section 7. The words “The legislature shall provide ture is entitled, provided such excess debt, at the time of means” have been replaced by the word “Provision” in line authorization, woald not cause the total of state indebtedness 1. The letter “s” in the word “state” in line 3 is not capi to exceed a sum equal to 15 per cent of the total of assessed talized, the word here being used as an adjective. The values for tax rate purposes of real property in the State, STANDING COMMITTEE REPORT NO. 123 277 as determined by the last tax assessment rolls pursuant to purpose. No grant shall be made in violation of Section 3 of law. Article I of this constitution. Instruments of indebtedness to meet appropriations for SECTION 7. [Expenditure Controls.] Provision for the any fiscal period in anticipation of the collection of revenues control of the rate of expenditures of appropriated for such period or to meet casual deficits or failures of re state moneys, and for the reduction of such expenditures venue, which shall be payable within one year, and bonds or under prescribed conditions, shall be made by law. other instruments of indebtedness to suppress insurrection, SECTION 8. [AudItor.] The legislature, by a majority to repel invasion, to defend the State in war, or to meet vote of each house in joint session, shall appoint an auditor emergencies caused by disaster or act of God, may be issued who shall serve for a period of eight years and thereafter by the State under legislative authorization without regard until a successor shall have been appointed. The legislature, to any debt limit. by a two-thirds vote of the members in joint session, may A sum equal to ten per cent of the total of the assessed remove the auditor from office at any time for cause. It values for tax rate purposes of real property in any political shall be the duty of the auditor to conduct post-audits of all subdivision, as determined by the last tax assessment rolls transactions and of all accounts kept by or for all depart pursuant to law, is established as the limit of the funded debt ments, offices and agencies of the State and its political of such political subdivision at any time outstanding and un subdivisions, to certify to the accuracy of all financial state paid. The aggregate, however, of such debts contracted by ments issued by the respective accounting officers, and to any political subdivision during a fiscal year shall not ex report his findings and recommendations to the governor ceed two percent of the total of such assessed values in and to the legislature at such times as shall be prescribed such political subdivision. by law. He shall also make such additional reports and All bonds or other instruments of indebtedness for a conduct such other investigations as may be directed by the term exceeding one year shall be in serial form maturing legislature. in substantially equal annual installments, the first install ment to mature not later than five years from the date of SECTION 9. [Employees’ Retirement System.] Member the issue of such series, and the last installment not later ship in any employees’ retirement system of the State than 35 years from the date of such issue. Interest and or any political subdivision shall be a contractural principal payments shall be a first charge on the general relationship, the accrued benefits of which shall not be revenues of the State or political subdivision, as the case diminished or impaired. may be. The provisions of this section shall not be applicable to indebtedness incurred under revenue bond statutes by a STANDING COMMITTEE REPORT NO. 123 public enterprise of the State or political subdivision, or by a public corporation, when the only security for such in Your Committee on Style to which was referred Commit debtedness is the revenues of such enterprise or public tee Proposals Numbers 12, RD 1; 16, RD 1; and 20, RD corporation, or to indebtedness incurred under special im i; dealing with miscellaneous matters (Seat of Government, provement statutes when the only security for such indebt Civil Service, Preamble) has examined the action of the Convention and the report of the Committee of the Whole, edness is the properties benefited or improved or the and begs leave to report as follows: assessments thereon. Nothing in this section shall prevent the refunding of any 1. That the several proposals under the above headings indebtedness at any time. be referred to the Convention for third reading in the form attached (Com. Proposals Nos. 12, RD 2; 16, RD 2; 20, SECTION 4. [The Budget.] Within such time prior to RD 2). the opening of each regular session as may be prescribed 2. Your committee has tentatively grouped the three by law, the governor shall submit to the legislature a budget proposals under one heading and for purpose of temporary setting forth a complete plan of proposed general fund ex convenience has designated the series as part of Article penditures and anticipated receipts of the State for the en XIV. Each of the three proposals has been referred to as suingfiscal period, together with such other information a section, instead of an individual proposal, as passed on as the legislature may require. The budget shall be com second reading by the Convention. piled in two parts, one setting forth all proposed operating 3. With, reference to the action above, ‘your committee expenditures for the ensuing fiscal period and the other, calls to the attention of the Convention that these sections all capital improvements expenditures proposed to be under may (a) appear as separate articles, or (b) be incorporated taken during such period. The governor shall also, upon the as separate sections of other articles in the final draft of opening of the session, submit bills to provide for such pro the Constitution, instead of appearing in anarticle on miscel posed expenditures and for any recommended additional re laneous matters. venues or borrowings by which the proposed expenditures 4. Your commtttee calls attention to the following changes are to be met. Such bills shall be introduced in the legis in form, phraseology and punctuation which have been made lature upon the opening of each regular session. in each of the proposals, as adopted on the floor of the Con SECTION 5. [Legislative Appropriations Procedure) vention. , No appropriation bill, except biils recommended by the governor for immediate passage, or to cover the ex a. Seat of Government: This article has been tenta tively designated Section 6 of Article XIV. The subtitle penses of the legislature, shall be passed on final reading ‘State Capital” has been tentatively adopted for this sec - until the bill authorizing operating expenditures for the en tion. The language of the section has been changed from suing fiscal period, to be known as the general appropriations ‘The seat of government of this State shall be located at bill, shall have been transmitted to the governor. the city of Honolulu, on the island of Oahu” to ‘Honolulu, SECTION 6. [Appropriations for Private Purposes on the island of Oahu, shall be the capital of the State.”, Prohibited.] No tax shall be levied or appropriation of It is the consensus of your committee that no change in public money or property made, nor shall the public substance has been made in the reconstruction of the credit be used, directly or indirectly, except for apublic language of this section. In the opinion of your committee 278 JOURNAL DOCUMENTS the language proposed is preferable to the language adopt 1. That the Proposal entitled Agriculture, Conservation ed by the Convention on second reading. and Land be referred to the Convention for third reading in b. Civil Service: The reference:to civil service has the form attached (Com. Proposal No. 27, RD 3). been tentatively designated Section 7 of Article XIV. The 2. Your committee calls attention to the arrangement following changes have been made. The words “the State” and form adopted tentatively by your committee.’ have been deleted in line 2; and the words “of or under a The proposed Article has tentatively been desig the State,” have been inserted between the words “law,” nated Article XIII. and “shall” in line 3. In the opinion of your committee b. The division into Part I and Part U has beçn made the language proposed more accurately describes the m view of the probability that the sections listed under intent of the Convention in the adoption of this article on Part U may later be shifted to the Article, on Ordinances second reading. It is the opinion of your committee that and Continuity of Law. it was the intent of the Convention that both statewide c. The following subtitles have been added: systems of civil service and such systems as might be established in political subdivisions of the State should PART I: Section 1. ResQurces; Cpnservation, Development and Use. Section 2. Natural Re be governed by the merit system. sources; Management and Disposition. Section 3. c. Preamble: This article has been tentatively desig nated Section 8 of Article XIV. Your committee assumes Sea Fisheries. Section 4. General Laws Required; Exceptions. Section 5. Farm and Home Ownership. that the Preamble will appear as the first portion of. the PART U: Section 1. Title of United States; Ex C onstitution and will not be designated as an article. In the final draft of the Constitution the word “Preamble” tent. Section 2. Compliance with Trust. Section 3. Administration of Undisposed Lands. Section 4. will appear as a general heading and not as a subtitle to Condemnation of Fisheries. a section. The only changes proposed by your committee are the insertion of three commas, as follows: between 3. Your committee recommends the changes in phrase the words “people” and “and” in line 6; between the words ology and punctuation indicated below. Where line numbers “and” and “with” in lines 6-7; and between the words are mentioned reference is made to the revised sections as “earth” and “do” in lines 8-9. In the judgment of your they appear in Article XIII (Committee Proposal No. 27, committee, these changes do not affect substance. RD 3). It is the judgment of your committee that these changes Your Committee on Style submits the proposed article, do not affect the substance of the original proposal, as ap as attached, for the consideration of the Convention. proved by the Convention on second reading. —July 12, 1950 Benjamin 0. Wist, Randolph Crossley ‘Fart I Chairman Steere G. Noda Nelson K. Doi, Tom T. Okino Section 1. The word “resources” has been inserted after Vice -Chairman Herbert M. Richards the word “agricultural” in line 3. This insertion has been Marguerite K. Ashford Harold S. Roberts made to make a distinction between agriculture which is not Alexander Castro C able A. Wirtz a natural resource and the other resourced mentioned in Takao Yamauchi the section which are natural resources. The words “fish” and “game” have been placed in line 2 immediately following the word “resources,” and the word “and” has been inserted ARTICLE XIV immediately before the word “fish.” Except as noted in sentence 1 above, other changes in COMMITTEE PROPOSAL NO. 12, RD 2 this section have been made for purpose of improved lan guage construction. SECTION 6. [State Capital.] Honolulu, on the island Section 2~ The words “vest in” have been substituted for of Oahu, shall be the capital of the State. the words “commit to” in line 1 of the first paragraph. A COMMITTEE PROPOSAL NO. 16, RD 2 “semicolon” has been substituted for the “coma” after the word “law” in line 5 and the word “but” has been substituted SECTION 7. [Civil Service.] The employment ofpersons for the words “provided that” in the same line. In line 8, in civil service, as defined by law, of or under the State, the words “placed under” have been substituted for the words shall be governed by the merit principle. “committed to.” COMMITTEE PROPOSAL NO 20, RD 2 In the second paragraph, of this section the words “are not covered by this section” which appear in, lines 2-3 of SECTION 8. We, the people of the State of Hawaii, grate the original draft, have been deleted. They have been. re ful for Divine Guidance, and mindful of our Hawaiian herit placed by. the words “the mandatory provisions of this sec age, reaffirm our belief in a government of the people, by tion shall not apply to the” as the beginning words of the the people and for the people, and, with an understanding first sentence of the paragraph. The, word “natural” has heart toward all the peoples of the earth, do hereby ordain been inserted before the word “resources” in line 2. and establish this Constitution for the State of Hawaii. It is the judgment of your committee that the above changes improve language construction and do not affect substance STANDING COMMITTEE REPORT NO. 124 Section 4 The “commas” after the words “by” and “or” in line 2 have been deleted and a “comma” has been insert Your Committee on Style to which was referred Commit ed after the word “laws” in line 4. These changes have been tee Proposal No. 27,RD 2, dealing with Agriculture, Con made in ‘the interest of improved language conCtruction. servation and Land, has examined the action of the Conven Section 5. The word “prescribed” has been substituted tion and the report of the Committee of the Whole, and begs for the words “to be established” in line 4, in the interest leave to report as follows: ‘ of improved language construction.’ , STANDING COMMITTEE REPORT NO. 125 279 Part II inclosure shall be free to the public, subject to vested rights Section 1. The “comma” after the word “Hawaii” in line and the right of the State to regulate the same. 4 has been deleted. The letter “a” in the word “aCt” in line SECTION 4. [General Laws Required: Exceptions.] ‘7 and the letter “r” in the word “resolution” in line 8 are The legislative power over the lands owned by or under not capitalized in the redraft. the control of the State and its political subdivisions These changes have been made for purpose of improved shall be exercised only by general laws, except in respeàt language construction. of transfers to or for the use of the State, a political sub Section 2. The word “the” has been inserted between the division thereof, or any department or agency of govern words “which” and ‘Congress” in lines 1-2, and the word ment. “in” has been substituted for the word ‘with” in line 3. SECTION 5. [Farm and Home Ownership.] The public These changes have been made in the interest of improved lands shall be used for the development of farm and language construction. home ownership on as widespread a basis as possible, in Section 3. A “comma” has been inserted after the word accordance with procedures and limitations prescribed by “property” in line 1. The words “of the United States” after law. the word “Congress” in line 3 have been deleted as redundant. The word “final” in line 5, before the word “determination” Part II has been deleted as unnecessary. The word “any” has been SECTION 1. [Title of United States: Extent.] The substituted for the word “an” before the word “amendment” United States shall be vested with or retain title to or in line 9, and the letter “c” in the word “constitution” hi line an interest in or shall hold the property in the Territory 10 is not capitalized in the redraft. The word “exercise” of Hawaii set aside for the use of the United States and re has been substituted for the word “discharge” in line 10. maining so set aside immediately prior to the admission of The “comma” after the word “laws” in line 12 has been de the State, in all respects as and to the extent set forth in leted, and the word “the” has been inserted before the word the act or resolution providing for the admission of this “Congress” in the same line. State to the Union. The above changes have been made for the purpose of SECTION 2. [Compliance with Trust.] Any trust pro improved language construction. visions which the Congress shall impose, upon the ad Section 4. The words “of Hawaii” after the word “State” mission of the State, in respect of the landspatented to the in line 7 have been dileted, to conform to usage elsewhere State by the United States or the proceeds and income there in this constitution. of, shall be complied with by appropriate legislation. Your Committee on Style submits the proposed Article, SECTION 3. [Administration of Undisposed Lands.] as attached, for the consideration of the Convention. The lands and other property, the final determination —July 13 1950 and disposition of which shall not have been made by Benjamin 0 Wist, Steere G Noda the Congress upon the admission of the State, shall, pending Chairman Tom T. Okino such determination and disposition, continue to be admin Nelson K. Doi, Herbert M. Richards istered in accordance with the laws applicable thereto im Vice-Chairman Harold S. Roberts mediately prior to the admission of the State, except as the Alexander Castro Clarence Y. Shimamura Congress may consent to any amendment of said laws, and Randolph Crossley C. Nils Tavares no provision of this constitution for the exercise of powers Wm. H. Heen Takao Yamauchi or functions other than in accordance with such laws shall, without the consent of the Congress, apply to the lands or T. Garner Anthony—I do not concur as to Section 1 either property so administered. as to style or substance. SECTION 4. [Condemnation of Fisheries.] All vested rights in fisheries in the sea waters not included in any COMMITTEE PROPOSAL NO. 27, RD 3 fish pond or artificial inclosure shall be condemned to the use of the public upon payment of just compensation, ARTICLE XIII which compensation when lawfully ascertained shall be p3id out of any money in the treasury of the State not otherwise Part I appropriated. SECTION 1. [Resources: Conservation, Development and Use.1 The legislature shall promote the conservation, development and utilization of agricultural resources, and fish, game, mineral, forest, water, land and other STANDING COMMITTEE REPORT NO. 125 natural resources. SECTION 2 [Natural Resources Management and Your Committee on Ordinances and Continuity of Law to Disposition.] The legislature shall vest in one or more which was referred, from the Committee on Executive executive boards or commissions powers for the manage Powers and Functions, Proposal No. 22 relating to the ap ment of natural resources owned or controlled by the pointment of department heads and governmental officers, State, and such powers of disposition thereof as may be and Proposal No. 30 relating to compensation of holders authorized by law; but land set aside for public use, other of office established by the Constitution begs leave to re than for a reserve for conservation purposes, need not be port as follows: placed under the jurisdiction of such a board or commission Proposal No. 22 is covered very largely by the Article The mandatory provisions of this section shall not apply on Executive Powers and Functions. The provision that to the natural resources owned by or under the control of certain officers shall be citizens of the State with a resi a political subdivision or a department or agency thereof dence therein of at least three years preceding their ap SECTION 3. [Sea Fisheries.]. All fisheries in the sea pointment has, been expressed by the Committee. of the waters ofthe State not included in any fish pond or artificial Whole as a matter to be left to legislation rather than to be 280 JOURNAL DOCUMENTS incorporated in the Constitution. The provision for continu James K. Trask H. S. Kawakami ance in office, until otherwise provided by law, of those of Edward C. Bryan Elizabeth R. Kellerman ficers holding office upon the effective date of the Constitu J. Pia Cockett Katsumi Kometani tion is already provided for in an Article submitted to the Convention. Proposal No. 30 prohibIting the diminution of compeni STANDING COMMITTEE REPORT NO. 129 sation during his term of any holder of office established by the Constitution has been cared for in the Articles on Your Committee on Agriculture, Conservation and Land, Judiciary and Executive Powers and Functions. to which was referred Dept. Com. No. 11, begs leave to re Your committee, therefore, recommends that Proposals port as follows: Nos. 22 and 30 be filed.—July 13, 1950 Inasmuch as this section may be amended, your commit Clarence Y. Shimamura, H. K. H. Lee tee returns herewith said communication with the recom C hair man Jack H. Mizuha mendation that it be placed on file. —July 14, 1950 Marguerite K. Ashford, Thos. t Sakakthara Herbert M. Richards, Flora K. Hayes Vice-Chairman C. Nils Tavares Chairman Teruo Ihara Arthur K. Trask Edward C. Bryan, Harold T. Kido Vice-Chairman Richard J. Lyman, Jr. Marguerite K. Ashford John R. Phillips STANDING COMMITTEE REPORT NO. 126 Randolph Crossley Charles A. Rice James K. Trask Your Committee on the Hawaiian Homes Commission Act, to which was referred Petition No. 26, signed by 1,000 petitioners, Misc. Com. Nos. 94, 98, 99 and 103 from vari STANDING COMMITTEE REPORT NO. 130 ous organizations, urging the inclusion of the Hawaiian Homes Commission Act in the Constitution of the State of Your Committee on Style to which was referred Commit Hawaii, begs leave to report as follows: tee Proposal No. 29, RD 1 and RD 2, dealing with Legisla The Convention has adopted Committee Proposal No. 6, tive Powers and Functions, has examined the action of the as Article XIII, adopting the Hawaiian Homes Commission Convention and the report of the Committee of the Whole, Act, 1920 as a law of the State. and begs leave to report as foilows: Your committee therefore recommends that Petition No. 26 and Misc. Com. Nos. 94, 98, 99 and 103 be placed on 1. That the proposal entitled Legislative Powers and file.—July 13, 1950 Functions be referred to the Convention for third reading in the form attached (Committee Proposal No. 29, RD 3). Flora K. Hayes, James F. Gililand 2. Your committee calls attention to the following Chairman Richard J. Lyman, Jr. changes in arrangement and form whiDh have been made in J. Pia Cockett, Samuel K. Apoliona, Jr. the proposed article as adopted on the floor of the Conven Vice-Chairman Peter Kawahara tion. C. E. Kauhane C has. A. Rice a. The proposed article has been tentatively desig nated Article IV. STANDING COMMITTEE REPORT NO. 127 b. That portion of Section 3 beginning with the second paragraph, referring to representative districts, and end Your Committee on Printing to which were referred the ing with paragraph 19 has been deleted from this article following Standing Committee Reports and Committee Pro of the constitution and wifi be inserted in the Schedule. posals begs leave to report that said reports and proposals The material referred to begins at the bottom of page 2 have this day been printed in accordance with the second and ends at the bottom of page 4 of Committee Proposal paragraph of Rule 47 (c) of this Convention: Standing Com. Nd. 29, RD 1. The action above has been taken in view Rpt. No. 121; Standing Com. Rpt. No. 122—with Committee of the fact that representative districts and the number Proposal No. 10, RD 2; Standing Com. Rpt. No. 123—with of representatives are subject to change without con Committee Proposal No. 12 RD 2.—July 13, 1950 stitutional provisions for reapportionment. c. The two paragraphs headed by “(a)” and ‘(b)” Charles H. Silva, Chairman (pages 5-6 of Committee Proposal No. 29, RD 1) have been modified by deleting the letters in parenthesis and by indentation of the subject matte.r. This change has STANDING COMMITTEE REPORT NO. 128 been made in the interest of improved form. d. In Section 11 of this article subtitles have been Your C ommittee on Bjll of Rights to which was referred added in the margins at the left of paragraphs two and Proposal No. 17, relating to women on juries, begs leave to three, as well as at the beginning of the section itself. report as follows: This change has been made in conformity with the prac - This proposal was referred to your committee upon the tice in other articles of this constitution (see Article on recommendation of the Committee on Judiciary (Standing Judiciary). Com. Rpt. No. 37). e. The entire paragraph starting with the words “If Inasmuch as this subject matter has already been covered, any bill” and ending with the words “Sundays and holidays your committee recommends that this proposal be placed on excluded,” on page 12 of RD. 1, has been replaced by the file.—July 14, 1950 amended paragraphs (RD. 2) adopted by the Convention Jack H. Mizuha, Frank C. Luiz previous to second reading. The amended material is Chairman Steere G. Noda set up in two paragraphs and has not been modified as Nils P. Larsen Charles H. Silva to substance. (See pages 10 and 11 of Article IV). STANDING COMMITTEE REPORT NO. 130 281 f. The following changes in subtitles have been made: Section 6. The word “be” has been substituted for the Section 2. Senate; Districts; Composition (original, word “is” in line 4. This change has been made for the Senate; senatorial districts; number of members). Sec purpose of improved language construction. tion 3. House of Representatives; Composition (original, Section 7. The comma after the word “years” in line 3 House of representatives; representative districts; has been deleted, in the interest of improved language con number of members; apportionment). Section 4. Reap struction. portionment of House; Mandamus (original, Reapportion Section 9. The word “prescribe” has been substituted ment of the house of representatives; mandamus). Sec for the words “provide for” after the word “may” in line tion 5. Election of Membcrs; Term (original, Election 14. This change has been made for the purpose of improved of Members; term of office). Section 10. Salary and language construction. Allowances (original, Compensation of members). Sec - tion 11. Sessions (original, Sessions of legislature). Section 10. The words “or when the legislature convenes New subtitle for Paragraph 2: Budget Sessions. New in special session pursuant to Section 17 of thin article” subtitle for Paragraph 3: Sessions; Commencement; have been added to the second sefltençe. A comma has been Duration. Section 13. Organization; Discipline; Rules substituted for a period after the word “session” in line 8. Procedure (original, Organization; seating and punish The words referred to above contain the substance of the ment of members; officers; rules; journal, record of final paragraph of Section 17 of the original draft. (see vote; committees). Section 14. Quorum; Compulsory page 6 (g) of this report). The above change does not affect Attendance (original, Quorum; number required to act; substance. compulsory attendance). Section 15. Bills; Enactment Section 11. In the first line of paragraph 2 the article (original, Bills; enactment by bill; subject and title; “a” before the word “budget” has been deleted and the word enacting clause). Section 17. Veto; Reconsideration “sessions” has been substituted for the word “session.” after Adjournment (original, Action by governor; approv The words “of this article” have been inserted between the al; veto; failure to approve or veto). Section 19. Punish numeral “17” and the period at the end of the sentence. The ment of Non-Members (original, Punishments of persons words “at such budget session” in line 13 have been deleted, not members). Section 20. Impeachment (original, Im as redundant. The changes referred to above have been peachment of officers). made in the interest of improved language construction. g. The paragraph at the bottom of page 12 of the o Section 15. A period has been substituted for the comma riginal proposal has been shifted to Section 10 in the re aftçr the word “title” in line 4. The word “and” after the draft and made a part of the second sentence of that word “title” in line 4 has been deleted and the letter “T” in section. the word “The” before the word “enacting” has been capi In the judgment of your committee this reference to talized. These changes have been made for the purpose of salary belongs in the section of this article which deals improved language construction. with salary and allowances. It is the judgment of your committee that none of the Section 17. In line 2 of the second paragraph (amended above changes in form or arrangement affects the sub form RD 2) the words “Sundays and holidays excluded,” stance of the original proposal of the Committee on Leg have been deleted, and the comma before the word “Sundays” islative Powers and Functions as approved by the Con and the one after the word “excluded” have been deleted, vention on second reading. Reference to this exception has been included at the end of this section. The word “days” in lines 2-3 has been placed 3. Your committee recommends the changes in phrase after the word “more” and deleted before the word “or.” ology and punctuation indicated below. Where line numbers In the third paragraph of this section (amended form) are mentioned reference is made to the revised sections as the words “Sundays and holidays excluded,” and the comma they appear in Article W (Com. Proposal No. 29, RD 3). after the word “excluded” have been deleted (see notation It is the judgment of your committee that none of these above). The words “by proclamation” have been inserted changes affects the substance of the original proposal as between the words “governor” and “shall” in lines 7-8 and approved by the Convention on second reading. deleted after the word “given” in line 8. The commas Section 3. In the second sentence of thin section the word after the words “given” and “proclamation” have been de “decennial” before the word “reapportionment” in line 5 has leted. The words “shall be excluded in computing the num been deleted as unnecessary. The words “the representative ber of days designated in this section”’ have been added districts, and” have been placed after the word “reapportion after the word “holidays” in lines 24-26, in the final sen ment” in lines 5-6, the beginning words of the sentence being tence of this paragraph. A period has been substituted “Until the next reapportionment” The letter “t” in the word for the comma after the word “presentation” in line 24. “the” before the word “representative” in line 5 is not capi The above changes have all been made in the interest of talized in the redraft. The commas before and after the improved language construction. word “and” in that sentence have been deleted. The comma Section 19. In the second paragraph the word “Any” has after the word “each” in line 7 has been deleted. The word been substituted for the words “But the” in line 1, and the “follows” and the colon after the word “follows” in line 7 words “such an” have been substituted for the article “the” have been deleted. The words “set forth in the Schedule” before the word “offense.” The commas which set off the have been added after the word “as” in lines 7-8 as the words “in writing” in line 2 have been deleted. concluding words of the sentence. These changes have been made for the purpose of im Your committee calls attention to the deletion of the proved language construction. next eighteen paragraphs of this section, which will be in Section 20. In the third paragraph, the words “herein cluded in the Schedule (see Item 2b, pages 1 and 2 of this above mentioned” have been deleted after the word “officers” report); Other changes made in Section 3 have been in the in line 3, as redundant. In the fourth paragraph, the word interest of improved language construction. “beyond” has been substituted for the words “further than Section 4. In the fifth paragraph the words “by him” in to” in line 2 for the purpose of improved language construc line 10 have been deleted, as redundant. tion. 282 JOURNAL DOCUMENTS Your Committee on Style submits the proposed article, tal shall be reapportioned among the one or more repre as attached, for the consideration of the Convention. sentative districts within each basic area on the basis of —July 14, 1950 the number of voters registered at the last preceding general election within each of such representative dis Benjamin 0. Wist, Wm. H. Heen tricts and computed by the method known as the method Chairman Steere G. Noda of equal proportions, no representative district to re Nelson K. Dol, Tom T. Okino ceive less than one member. Upon any reapportionment, vice-Chairman Herbert M. Richards should the total number of voters registered in any repre 3. Garner Anthony Clarence Shimamura sentative district be less than one-half of the quotient Marguerite K. Ashford C. Nils Tavares obtained by dividing the total number of voters registered Randolph C rossley Cable A. Wirta in the State by the total number of members to which the Takao Yamauchi house is entitled, then, as part of such reapportionment, Harold S. Roberts—Dissent from action putting House the basic area within which such representative district Districts in schedule without same treatment for lies shall be redistricted by the governor in such manner Senate. that the total number of voters registered in each new representative district therein shall be more than one- COMMITTEE PROPOSAL NO. 29, RD 3 half of such quotient. ARTICLE IV. The governor shall thereupon issue a proclamation show ing the results of such reapportionment, and such reap SECTION 1. [Legislative Power.] The legislative pow portionment shall be effective for the election of members. er of the State shall be vested in a legislature, which to such house for the next five succeeding legislatures. shall consist of two houses, a senate and a house of repre Original jurisdiction is hereby vested in the supreme sentatives. Such power shall extend to all rightful subjects court of the State to be exercised on the application of any of legislation not inconsistent with this constitution or the registered voter (a) made within 30 days following the date constitution of the United States. specified above, to compel, by mandamus or otherwise, the SECTION 2. [Senate; Districts; Composition.] The governor to perform the above duty, and (b) made within 30 senate shall be composed of 25 members, who shall be days following the date of such proclamation, to compel, by elected by the qualified voters of the respective senatorial mandamus or otherwise, the correction of any error made districts. The districts, and the number of senators to be in such reapportionment. elected from each, shall be as follows: First senatorial SECTION 5. [Election of Members; Term.] The mem district: that portion of the island of Hawaii known as Puna, bers of the Legislature shall be elected at general elec Hio and Hamakua, five; Second senatorial district: that tions. The term of office of members of the house of portion of the island of Hawaii known as Kau, Kona and representatives shall be two years beginning with their elec - Kohala, two; Third senatorial district: the islands of Maui, tion and ending on the day of the next general election, and Molokai, Lanai and Kahoolawe, five; Fourth senatorial dis the term of office of members of the senate shall be four trict: that portion of the island of Oahu lying east and south years beginning with their election and ending on the day of of Nuuanu Street and the Pali Road and the upper ridge of the second general election after their election. the Koolau range from the Nuuanu Pali to Makapuu Point, five; Filth senatorial district: that portion of the island! of SECTION 6. [vacancies.] Any vacancy in the legisla Oahu lying west and north of the fourth senatorial district, ture shall be filled for the unexpired term in such manner five; and Sixth senatorial district the islands of Kauai and as may be prescribed by law, or, if no provision be made by Nithau, three. law, by appointment by the governor for the unexpired term. SECTION 3. [House of Representatives: Composition.] SECTION 7. [Qualifications of Members.] No person The house of representatives shall be composed of 51 shall be eligible to serve as a member of the senate members, who shall be elected by the qualified voters unless he shall have attained the age of 30 years, have been of the respective representative districts. Until the next a resident of the State for not less than three years and be reapportionment, the representative district and the number a qualified voter of the senatorinl district from which he of representatives to be elected from each shall be as set seeks to be elected. No person shall be eligible to serve as forth in the Schedule. a member of the house of representatives unless he shall have attained the age of 25 years, have been a resident of SECTION 4. [Reapportionment of House: Mandamus.] the State for not less than three years and be a qualified On or before June 1 of the year 1959, and of each tenth voter of the representative district from which he seeks to year thereafter, the governor shall reapportion the mem be elected. bers of the house of representatives in the following manner: SECTION 8. [Privileges of Members.] No member of the legislature shall be held to answer before any other The total number of representatives shall first be tribunal for any statement made or action taken in the ex reapportioned among four basic areas, namely, (1) the ercise of his legislative functions; and members of the leg island of Hawaii, (2) the islands of Maui, Molokai, Lanai islature shall, in all cases except felony or breach of the and Kahoolawe, (3) the island of Oahu and all other is peace, be privileged from arrest during their attendance at lands not specifically enumerated, and (4) the islands of the sessions of their respective houses, and in going to and Kauai and Niihau, on the basis of the number of voters returning from the same. registered at the last preceding general election in each of such basic areas and computed by the method known SECTION 9. [Disqualifications of Members.] No mem as the method of equal proportions, no basic area to re ber of the legislature shall hold any other public office ceive less than one member. under the State, nor shall he, during the term for which he Upon the determination of the total number of repre is elected or appointed, be elected! or appointed to any pub sentatives to which each basic area is entitled, such to- lic office or employment which shall have been created, or STANDING COMMITTEE REPORT NO. 130 283 the emoluments whereof shall have been increased, by leg committee by the affirmative vote of one-third of the mem islative act during such term. The term “public office,” bers to which such house is entitled. for the purposes of this section, shall not include notaries public, reserve police officers and officers of emergency SECTION 14. [Quorum; Compulsory Attendance.] A organizations for civilian defense or disaster relief. The majority of the number of members to which each house legislature may prescribe further disqualifications. is entitled shall constitute a quorum of such house for the conduct of ordinary business, of which quorum a majority SECTION 10. [Salary and Allowances.] The members vote shall suffice; but the final passage of a bill in each of the Legislature shall receive such salary and allow house shall require the vote of a majority of all the members ances as may be prescribed by law, but any increase or de to which such house is entitled, taken by ayes and noes and crease in the amount thereof shall not apply to the legisla entered upon its journal. A smaller number than a quorum tore which enacted the same. No salary shall be payable may adjourn from day to day and may compel the attendance when the senate alone is convened in special session, or of absent members in such manner and under such penal when the legislature convenes in special session pursuant ties as each house may provide. to Section 17 of this Article. SECTION 11. [Sessions.] Regular sessions of the legis SECTION 15. [Bills; Enactment.] No law shall be lature shall be held annually. The governor may convene passed except by bill. Each law shall embrace but one the legislature, or the senate alone, in special session. All subject, which shall be expressed in its title. The enacting sessions shall be held at the capital of the State and, in case clause of each law shall be, “Be it enacted by the legisla the capital shall be unsafe, the governor may direct that ture of the State of Hawaii.” any session shall be held at some other place. Regular SECTION 16. [Passage of Bills.] No bill shall become sessions in odd numbered years shall be known as “general law unless it shall pass three readings in each house, sessions” and regular sessions in even numbered years on separate days. Every bill when passed by the house in shall be known as “budget sessions.” which it originated, or in which amendments thereto shall [Budget Sessions.] At budget sessions the legislature have originated, shall immediately be certified by the pre shall be limited to the consideration and enactment of the siding officer and clerk and sent to the other house for con general appropriations bill for the succeeding fiscal year s ideration. and bills to authorize proposed capital expenditures, re venue bills necessary therefor, urgency measures deemed SECTION 17. [Veto; Reconsideration Alter Adjourn necessary in the public interest, bills calling elections, ment.] Every bill which shall have passed the legisla proposed constitutional amendments and bills to provide ture shall be certified by the presiding officers and for the expenses of such session and the special session to clerks of both houses and shall thereupon be presented to be convened thereafter in accordance with the provisions the governor. If he approves it, he shall sign it and it shall of Section 17 of this article. The legislature shall also be become law. If the governor does not approve such bill, he authorized to consider and act upon matters relating to the may return it, with his objections, to the legislature. He impeachment or removal of officers. No urgency measure may veto any specific item or items in any bill which ap shall be considered unless a statement of facts constituting propriates money for specific purposes by striking out or such urgency shall be set forth in one section thereof and reducing the same; but he shall veto other bills, if at all, until such section shall have been first approved by each only as a whole. house. The approval of such section and the final passage The governor shall have ten days to consider bills pre of such measure in each house shall require a two-thirds sented to him ten or more days before the adjournment of vote of all the members to which such house is entitled, the legislature sine die, and if any such bill is neither signed taken by ayes and noes and entered upon its journaL nor returned by the governor within that time, it shall be [Sessions; Commencement; Duration.] Regular sessions come law in like manner as if he had signed it. shall commence at 10:00 o’clock a.m., on the third Wed The governor shall have 45 days, after the adjournment nesday in February. General sessions shall be limited of the legislature sine die, to consider bills presented to to a period of 60 days and budget sessions and special him less than ten days before such adjournment, or pre sessions shall be limited to a period of 30 days, but the sented after adjournment, and any such bill shall become governor may extend any session for not more than 30 days. law on the 45th day unless the governor by proclamation Sundays and holidays shall be excluded in computing the shall have given ten days’ notice to the legislature that he number of days of any session. plans to return such bill with his objections on the said SECTION 12. [Adjournments.] Neither house shall 45th day. The legislature may convene at or before noon adjourn during any session of the legislature for more than on the said 45th day in special session, without call, for the three days, or sine die, without the consent of the other. sole purpose of acting upon any such bill returned by the governor. In case the legislature shall fail to so convene, SECTION 13. [Organization; Discipline; Rules; Pro such bill shall not become law. Any such bill may be amend cedure.] Each house shall be the judge of the elections, ed to meet the governor’s objections and, if so amended returns and qualifications of its own members and shall and passed, only one reading being required in each house have, for misconduct, disorderly behavior or neglect for such passage, it shall be presented again to the gover of duty of any member, power to punish such member by nor, but shall become law only if he shall sign it within ten censure or, upon a two-thirds vote of all the members to days after presentation. Sundays and holidays shall be ex which such house is entitled, by suspension or expulsion of cluded in computing the number of days designated in this such member. Each house shall choose its own officers, section. determine the rules of its proceedings and keep a journal. The ayes and noes of the members on any question shall, at SECTION 18. [Procedure Upon Veto.] Upon the receipt the desire of one-fifth of the members present, be entered of a veto message from the governor, each house shall upon the journal. enter the same at large upon its journal and proceed Twenty days after a bill has been referred to a commit to reconsider the vetoed bill, or the item or items vetoed, tee in either house, the same may be recalled from such and again vote upon such bill, or such item or items, by 284 JOURNAL DOCUMENTS ayes and noes, which shall be entered upon its journal. If STANDING COMMITTEE REPORT NO. 132 after such reconsideration such bill, or such item or items, shall be approved by a two-thirds vote of all the members Your Committee on Rules and Order of Business to which to which each house is entitled the same shall become law was referred Res. No. 42 recommends that the same be SECTION 19 [Punishment of non-Members] Each filed for the reason that the subject matter thereof is not house may punish by fine, or by imprisonment not exceeding within the province of this Convention. —July 14, 1950 30 days, any person not a member of either house who shall Cable A. Wirtz, 3. Garner Anthony be guilty of disrespect of such house by any disorderly or C hair man Samuel K. Apoliona, 3r. contemptuous behavior in its presence or that of any com Masao Kanemaru, Nelson K. Doi mittee thereof; or who shall, on account of the exercise of Vice -Chairman Wm. H. Heen any legislative function, threaten harm to the body or es Trude M. Akau Toshio Serizawa tate of any of the members of such house; or who shall Charles H. Silva assult, arrest, or detain any witness or other person order ed to attend such house, on his way going to or returning therefrom; or who shall rescue any person arrested by STANDING COMMITTEE REPORT NO. 133 order of such house. Any person charged with such an offense shall be in- Your Committee on Rules and Order of Business to which formed in writing of the charge made against him, and have was referred Res. No. 39 recommends that said Resolution an opportunity to present evidence and be heard in his own be amended as attached, and as so amended, your Committee defense. recommends its adoption. —July 14, 1950 SECTION 20. [Impeachment.] The governor and lieu Cable A. Wirtz, 3. Garner Anthony tenant governor, and any appointive officer for whose C hair man Samuel K. Apoliona, Tr. removal the consent of the senate is required, may be re Masao Kanemaru, Nelson K. Doi moved from office upon conviction of impeachment for such Vice-Chairman Wm. H. Heen causes as may be provided by law. Trude M. Akau Toshio Serizawa The house of representatives shall have the sole power Charles H. Silva of impeachment of the governor and lieutenant governor and the senate the sole power to try such impeachments, and RESOLUTION no such officer shall be convicted without the concurrence of two-thirds of the members of the senate. When sitting WHEREAS, this Convention adopted Res. No. 6 whereby for that purpose, the members of the senate shall be on oath the Governors of the various States of the Union were re or affirmation and the chief justice shallpreside. Subject quested to send to this Convention their State flags to be to the provisions of this paragraph, the legislature may hung in the Convention Hall during the drafting of our pro provide for the manner andprocedure of removal by im posed Constitution, and peachment of such Officers. WHEREAS, many of the States have generously respond The legislature shall by law provide for the manner and ed to said request, by sending their flags; now, therefore, procedure of removal by impeachment of the appointive BE IT RESOLVED by the Constitutional Convention of officers. Hawaii of 1950 Tudgments in cases of impeachment shall not extend be yond removal from office and disqualification to hold and That this Convention hereby express its gratitude to the enjoy any office of honor, trust or profit under the State; States which have been sent their State flags for the purpose but the person convicted may nevertheless be liable and stated; and that the Secretary of this Convention be directed subject to indictment, trial, judgment and punishment accord to forward a copy of this Resolution to each of the Governors ing to law of those States. STANDING COMMITTEE REPORT NO. 131 STANDING COMMITTEE REPORT NO. 134 Your Committee on Rules and Order of Business to which Your Committee on Style to which was referred Commit was referred the verbal request of the Chairman of your tee Proposal No. 30, RD 1, dealing with the schedule de Committee on Submission and Information for leave to have scribing representative districts and the number of members its membership increased, recommends that subsection 17 to be elected from each and setting the compensation of of Rule 17 reading: “Committee on Submission and Infor members of the legislature for the first session, has ex mation, fifteen members,” be suspended for the purpose of amined the action of the Convention nd the report of the permitting the President of this Convention to appoint not Committee of the Whole, and begs leave to report as follows more than six additional members of this Committee. 1. That Committee Proposal No. 30, RD 1, entitled “A — July 14 1950 Proposal Relating to a Schedule Describing Representative Cable A Wirtz, 3 Garner Anthony Districts and to the Compensation of Members of the Legis Chairman Samuel K Apoliona, Tr lature” be referred to the Convention for third reading in Masao Kanemaru, Nelson K Doi the form attached (Com. Proposal No. 30, RD 2). Vice-Chairman Wm. H. Heen 2. The proposed article has been tentatively designated Trude M. Akau Toshio Serizawa Article IV (Schedule) inasmuch as it relates to a schedule Charles H. Silva of the legislative article. It can be appropriately numbered and arranged later by your Committee on Style. 3. Section 1: Your Committee calls attention to the fact that the portion of Section 3 of Article IV as reported by the C ommittee on Style., beginning with the second paragraph. STANDING COMMITTEE REPORT NO. 134 285 thereof referring to representative districts, and ending Fourth representative district: That portion of the is with paragraph 19, was deleted from that article to be in land of Hawaii known as Kau and South Kona and that portion serted in the schedule. The action taken by your Committee of North Kona for convenience herein referred to as Keauhou, pursuant thereto was as follows: the latter being more particularly described as follows: a. The first paragraph was amended to read as From a point at seashore between the lands of Holuaboa 1 follows: and 2 and Puapuaa 2 running northeasterly along the bounda ry of Holualoa 1 and 2 to Puu Laalaau; (2) easterly in a SECTION 1. As provided in Section of Article straight line to a point called “Naohueleelua” being the until the next reapportionment, the representa common corner of the lands of Puuanahulu, Kaohe, and tive districts and the number of members to be elected Keauhou 2nd; (3) southeasterly along the common boudary from each shall be as follows: between Hamakua and North Kona districts to the summit of b. The descriptions of the several representative Mauna Loa; (4) westerly along the common boundary be districts, previously a part of Committee Proposal No. tween Kau and North Kona districts to the easterly boundary 30 have been incorporated with that portion of Section 3 of South Kona district; (5) northerly and westerly along the of Article IV where applicable in the interests of style boundary between North and South Kona districts to the sea and uniformity. shore; and (6) northerly along the seashore to the point of c. The precise metes and bounds descriptions have beginning, one representative; been simplified by using, as a common boundary of ad Fifth representative district: That portion of the island joining districts, the centerline of roadways and canals. of Hawaii known as Kohala and that portion of North Kona A new sentence has been added at the end of this section not included in the fourth representative district, one repre to accomplish this. The changes in the metes and bounds sentative; descriptions have been in the interest of improved Sixth representative district: The islands of Molokai language construction and in order to comply with the and Lanai, one representative; C onvention’s obvious intent to leave no area unassigned Seventh representative district: The islands of Maui and to a representative district. Kahoolawe, five representatives; Eighth representative district: That portion of the is 4. Your Committee recommends that the descriptions land of Oahu known as Koolaupoko and Koolauloa, two repre of the representative districts, as stated in the schedule sentatives; attached to this report, and the maps of Hawaii and Oahu Ninth representative district: That portion of the island delineating each representative district described by metes of Oahu known as Waialua and Wahiawa, two representatives; and bounds, both of which have been certified to by the Tenth representative district: That portion of the island territorial surveyor and filed with the clerk, be approved of Oahu known as Ewa and Waianae, two representatives; and adopted by the Convention. Eleventh representative district: That portion of the is - 5. Section 2: Section 2 was amended by deleting the land of Oahu for convenience herein referred to as Kalthi words “Article 10, Section 3,” and inserting in lieu thereof and more particularly described as follows: From the inter “Section of Article “; and the words “two thousand section of Kalthi and Auiki Streets running westerly along five hund itt dollars,” ‘t6iiThousand five hundred dollars” Auiki Street to Mokauea Street; (2) southwesterly along and “seven hundred fifty dollars” have been substituted for Mokauea Street Extension extended to a point on the outer the figures “$2500,” “$1500” and “$750.” The section was edge of the reef; (3) westerly along the outer edge of the designated by the subtitle, “Legislative Salaries.” reef to a point on the Moanalua-Halawa boundary; (4) north Your Committee on Style submits the proposed article, erly and northeasterly along the Moanalua-Halawa boundary as attached, for the consideration of the Convention and to the top of Koolau Range; (5) southeasterly along the top recommends that it be adopted as amended. —July 15, 1950 of Koolau Range to a place called “Puu Lanthuli”; (6) south Benjamin 0. Wist, Wm. H. Heen westerly along the top of ridge between the lands of Kalthi, Chairman Steere G. Noda Kapalama and Nuuanu to Kalihi Street; and (7) southwester Nelson K. Doi, Herbert M. Richards ly along Kalihi Street to the point of beginning, three repre Vice -Chairman Harold S. Roberts sentatives; 3. Garner Anthony Clarence Y. Shimamura Twelfth representative district: That portion of the is Marguerite K. Ashford C. Nils Tavares land of Oahu for convenience herein referred to as upper Randolph Crossley Cable A. Wirtz Nuuanu and more particularly described as follows: From Takao Yamauchi the intersection of King and Kalihi Streets running north easterly along Kalihi Street to the ridge between the lands of Kalthi, Kapalama and Nuuanu; (2) northeasterly along the COMMITTEE PROPOSAL NO. 30, RD 2 top of said ridge to a point on the Koolau Range called “Puu ARTICLE IV (SCHEDULE) Lanihuli”; (3) easterly along the top of said Range to Pali Road at the Nuuanu Pali; (4) southwesterly along Pali Road SECTION 1. [Representative Districts; Number of to Nuuanu Avenue and southwesterly along Nuuanu Avenue Members.] As provided in Section 3 of Article IV, until to School Street; (5) northwesterly along School Street to the next reapportionment, the representative districts the center line of the Kapalama Drainage Canal (Waikiki and the number of members to be elected from each shall Branch); (6) southwesterly along said Canal to the center be as follows: line of the main Kapalama Drainage Canal; (7) southwester First representative district: That portion of the island ly along said Canal to King Street; and (8) northwesterly of Hawaii known as Puna, one representative; along King Street to the point of beginning, three representa Second representative district: That portion of the is tives; land of Hawaii known as South Bib, four representatives; Thirteenth representative district: That portion of the Third representative district: That portion of the island island of Oahu for convenience herein referred to as Kapa of Hawaii known as North Hilo and Hamakua, one representa lama and more particularly described as follows: From the tive; junction of the Honolulu Harbor Channel and the reef running 286 JOURNAL DOCUMENTS westerly along the outer edge of the reef toMokauea Street reef to a point on the line extended of the center line of the Extension extended; (2) northeasterly along Mokauea Street Ala Wai Canal; and (18) easterly along said line to the point Extension extended to Sand Island Road; (3) northeasterly of beginning, six representatives; along Mokauea Street Extension to Aulki Street; (4) easterly Sixteenth representative district: That portion of the alongAuiki Street toKalihi Street; (5) northeasterly along island of Oahu for convenience herein referred to as Kalmuki Kalihi Street to King Street; (6) southeasterly along King and Kapahulu and more particularly described as follows: Street to the center line of the main Kapalama Drainage From a point at the seacoast at a place called “Black Point” Canal; (7) northerly along said Canal to the center line of runhing westerly along the seacoast to Kapahhlu Avenue ex the Kapalama Drainage Canal (Waikiki Branch); (8) north tended to the sea; (2) easterly across Kalakaua Avenue and easterly along the said C anal to School Street; (9) south easterly and northerly along Kapahulu Avenue to Waialae easterly along School Street to Nuuanü Avenue; (10) south Avenue; (3) easterly along Waialae Avenue to a point 100 westerly along Nuuanu Avenue to the sea; and (11) south feet easterly of St. Louis Drive; (4) northeasterly across westerly along the middle of Honolulu Harbor and Honolulu Watalae Avenue then parallel to and 100 feet from St. Louis Harbor Channel to the point of beginning, three-representa Drive and Alencastre Street to the southerly boundary of tives; -. St. Louis Heights Tract, Series 2 (File Plan 464); (5) Fourteenth representative district: That portion of the northeasterly along the southeasterly boundary of said Tract island of Oahu for convenience herein referred to as Pauoa to the forest reserve boundary; (6) northeasterly along top and more particularly described as follows: From the edge of Pablo Valley to ,the top of Waahila Ridge; (7) north junction of the Honolulu Harbor Channel and the outer edge easterly along the top of Waahila Ridge to a point of Koolau of the reef running northeasterly along the middle Of Hono Range called “Mt. Olympus”; (8) easterly along the top of lulu Harbor Channel and Honolulu Harbor to the intersection the Koolau Range to the top of the ridge between the lands of Queen Street and Nuuanu Avenue; (2) northeasterly along of Waialae Nul and Pablo; (9) southwesterly along the top Nuuanu Avenue to Pali Road and northeasterly along Pali of said ridge to a place called “Kalepeamoa”; (10) south Road to-the top of the Koolau Range at the Nuuanu Pall; (3) westerly along Mauumae Ridge to Sierra Drive; (11) south easterly and southerly along the top of the Koolau Range to westerly along Sierra Drive to Waialae Avenue; (12) east a point called “Puu Konahuanui”; (4). southwesterly along erly along Waialae Avenue to 13th Avenue; (13) southwester the top of the ridge between the lands of Nuuanu, Pauoa and ly along 13th Avenue and Oe.ean View Drive to Kilauea Ave Manoa to a mountain peak called “Puu Ohia” or Tantalus; nue; (14) westerly along Kilauea Avenue to Makapuu Avenue; (5) southwesterly.along the top of the ridge between the (15) southwesterly-along Makapuu Avenue to Diamond Head lands of Makiki and Kalawahine to the intersection of Nehoa Road; and (16) southeasterly along Diamond Head Road to Street and Lewalani Drive; (6) southerly along Lewalani the Military Road and along the Military Road-extended to Drive and Plikoi Street to Wilder Avenue; (7) easterly the point of beginning, four representatives; -- along Wilder Avenue to Punahou Street; (9) westerly along Seventeenth representative district: That portion of the King Street to Kalakaua Avenue; (10) southerly along Kala island of Oahti not included in any other representative kaua Avenue to the center line of the Ala WaiCanal; (ii) district on the island of Oahu, together with all other islands westerly along said Canal and along the line of said Canal not included in any other representative district, three extended to the outer edge of the reef; and (12) westerly representatives; along the outer edge of thereef to the point of beginning, Eighteenth representative district: The islands of Kauai five representatives;. - . - - . - and Niihau, four representatives. Fifteenth representative district: That portion of the Wherever a roadway, or the intersection of one or more island of Oahu for convenience herein referred to as Manoa roadways, is designated as a boundary in any of the abéve and Waikiki and more particularly described as follows: descriptions; the center line of such roadway or intersection From the intersection of Kalakaua Avenue and the center is intended as such boundary. line of the Ala Wal Canal running northerly -along Kalakaua - . Avenue. to King Street; (2) easterly along King Street to - SECTION.2. [Legislative Salaries.] Until otherwise provided by law in accordance with section of Article Punahou Street;. (3) northerly along Punahou Street to the salary of members of the legislature shall be as Wilder Avenue; (4) westerly along Wilder Avenue to Piikoi 13116ws: The-sum of $2500 for each general session, the Street; (5) northerly along Plikol Street to Lewalani Drive; sum of $1500 for each budget session and the sum of $750 (6) northerly along Lewalani Drive to Nehoa Street; (7) - for each special session of the legislature. northeasterly along the top of the ridge between the lands of Makiki and Kalawahine to a mountain peak called “Puu Ohia” or- Tantalus; (8) northeasterly along the top of ridge be tweep the lands of .Pauoa, Manoa-and-Nuuanu to.a point on STANDING COMMITTEE REPORT- NO. 135 the Koolau Range called “Puu Konahuanul”; (9) southeaster ly along top of- said Range to a place called “Mt. Olympus”; Your Committee on Style to which was referred Commit (10) southwesterly along the top of Waahila Ridge. to top tee Proposals ,Nos. 23 (RD 1), 24(RD 1), dealing with edge of Pablo Valley; (11) southwesterly along the top edge Ordinances, C ontmuity of Law, Schedules and Initial Elec - of said Valley to the forest reserve boundary; (12) south tions, has exammed the action of the Convention and the re westerly alongthe southeasterly boundary of St1 Louis port of the Committee of the Whole, and begs leave to re Heights Tract, Series -2 (File Plan .464) to the southerly port as follows: boundary of said St.. Louis Heights Tract 100 feet southeast erly from Alencastre Street; (13) southwesterly parallel to 1. That the proposal dealing with the matters above he and. 100 feet -from Alencastre Street and St Louis Drive to referred to the Convention.for third reading in the, form Waialae Avenue; (14) westerly along Waialae Avenue to attached, (Committee Proposal Nos. .23 RD 2; 24, RD 2; Kapahulu Avenue extended; (15) southerly across Waialae 25,.RD 2). . ‘ . .-. Avenue and along Kapahulu Avenue to Kalakaua Avenue; (16) 2. .Your Committee calls attention to the following change westerly aloag Kapahulu Avenue extended to the outer edge in arrangement and form which have been made in the pro of the reef; (17) .northwesterly along the outer edge of the posals as adopted on the floor of the Convention. STANDING COMMITTEE REPORT NO. 135 287 a. The proposed article for convenience only has • The above changes have been made for purpose of im been designated Article XVI. proved language construction and to make the language con b. The article has been tentatively set up in three form to usage elsewhere in this constitution. parts: Part I deals with the subject matter of Committee Section 3. The words “of Hawaii” have been deleted Proposal No. 23; Part II deals with the subject matter of after the word “Territory” in line 3. Committee Proposal No. 24; Part In deals with the sub Section 4. In line 3 the words “of Hawaii” have beende ject matter of Committee Proposal No. 25. leted after the word “Territory.” The word “hereby” before c. Your Committee calls to the attention of the Con the word “approved” in line 4 has been deleted1 and the word vention the fact that some of the subject matter dealt~ “such” before the word “bonds” in line 6 has been deleted. with in this article (No. XVI) will be set up in the Schedule. These changes have been made in the interest of improved d. Separate section numbers have been given to each language construction. of the three parts of this article. Section 5. The words “of Hawaii” have been deleted e. Sections 9 and 10 of Part I have been condensed after the word “Territory” in line 4. into a single section (Section 9). Section 6. The numerals for the blank spaces after the f. Sections 2 and 3 of Part III have been condensed words “Section” and “Article” in line 2 of the first para into a single section (Section 2). graph will be inserted when the articles and sections of the g. In conformity with instructions from the Conven constitution are assembled as a whole for presentation to tion your Committee has added a new section in Part III the Convention. The words “of admission” after the word of this article, dealing with the construction of subtitles. “date” have been deleted, as well as the comma immediate (See page 10 of Article XVI, RD 2). ly after the word “admission” in line 6. The comma after h. The following subtities have been added: the word “duties” in line 10 has been deleted. The letter PART I Section 1 Federal Constitution Ad “s” in the word “section” in line 12 is not capitalized in the opted Section 2 Contmuity of Laws, Transition redraft. The words “of Article,” and the lines before and al Provisions. Seëtion 3. Continuance of Officers. after these two words have been deleted. Section 4. Bond Acts. Section 5. Lieutenant The beginning letters of the words “Executive” and Governor; Secretary. Section 6. Allocation of “Order” in line 4 of the second paragraph are not capital Departments. Section 7. Residence; other Quali ed in the redraft. fications. Section 8. Compensation of rudges. The above changes have been made forpurpose of im Section 9. Effective Date; Self-Executing. proved language construction. PART II: Section 1. Disqualification for Dis Section 7. The commas after the words “qualifications loyalty. Section2. Debts. Section 3.~ Tax Ex-~ in” in line 3 and the words “the authority of” have been de emptions; United States. Section 4. Hawaii Nation leted in line 3. The comma after the word “of” has also al Park. Section 5. Reservations; Tudicial Rights. been deleted. PART III: Section i. Elections. Section 2. Section 8. The numeral after the word “Article” in line Election Procedure; Certification. Section 3. Pro 3 will be inserteçlwhen all parts of this constitution are clamation of Admission; Assumption of Office. assembled in final form. The words “seventeen thousand Section 4. Certification; U. S. Senators and Re five hundred dollars,” “seventeen thousand dollars” and presentatives. Section 5. First Session. Section “fifteen thousand dollars” have been substituted for the 6. Governor and Lieutenant Governor; First figures “$17,500,” “$17,000” and “$15,000” in lines 7-9. Term. Section 7. First Legislature; Terms of Section 9. The portion of this section which formerly Office. Section 8. Subtities; Construction. comprised Section 10 has been made the beginning portion of the reconstructed Section 9. The word “and” hasbeen It is the judgment of your Committee that none of the inserted after the word “State” in line 4, and the letter”t” above changes affects the substance. of the original proposals, in word “the” immediately following is not capitalized. The as approved by the Convention on second reading. word “thereof” has been substituted for the words “of this 3. Your Committee recommends the changes in phrase constitution” in line 5. ology and punctuation indicated below. Where line numbers Part II are mentioned reference is made to the revised sections as they appear in Articles XVI (Committee Proposals Numbers Section 1. The words “of America” have been deleted 23 , RD 2; 24, RD 2 and 25, RD 2). after the words “United States” in line 6, and the words It is the judgment of your Committee that none of these “any public” have been deleted before the word “employ ment” in line 7. These deletions have been made in the changes affects the substance of the original proposal as ap interest of improved language construction and to make the proved by the Convention on second reading. latiguage conform to usage elsewhere in this constitution. Attention is also called to the entire new subject matter contained in Section VIII of Part UI, as authorized by the Section 2. The words “of Hawaii” following the word Convention. “Territory” in lines 2 and 4 have been deleted,after the word “State” in line 3 to make the language of this section Part I conform to usage elsewhere in this constitution. Section 4. The letters “a” and “r” in the words “act” Section 2. The word “limitation” in line 9 of the first and “resolution” in line 2 are not capitalized. This change paragraph has been substituted for the word “limitations,” has been made to make the language conform to usage else for purpose of improved language construction. In the where in this constitution. The same changes have been second line of the second paragraph the letter “c” in the made in Section 5. word “constitution” is not capitalized; nor is the letter capitalized when this word is used elsewhere in this article. Part III The word “titles” has been substituted for the word “title” Section 1. The comma after the words “United States” in line 6 of this paragraph. The words “of Hawaii” have in line 4 has been deleted. The article “a” has been sub been deleted after the word “Territory” in line 10. stituted for the pronoun “his” in line 9. 288 JOURNAL DOCUMENTS Section 2. The word “less” has been substituted for the ARTICLE XVI. word “more” and the word “more” has been substituted for the word “later” in lines 2-3. The word “days” has been PART L—Commiitee Proposal No. 23 (RD. 2,)* deleted after the word “sixty.” The comma alter the word SECTION 1. [Federal Constitution Adopted.] The con “held” in line 7 has been deleted, and the comma after the ‘stitution of the’ United States is adopted on behalf of the word “be” in line 8 has also been deleted. The words people of the State of Hawaii. “same” and “as” before and after the word “manner” in line 13 have been deleted. The letter “T” in the word “The” SECTION 2. [Continuity of Laws: Transitional Provi in line 16 has been capitalized, and the word “thereupon” sions.] All laws in force ‘at the time this constitution has been inserted between the words “shall” and “certify” takes effect and not inconsistent or incongruous there in lines 16-17. The word “results” has been substituted for with, including, among others, acts of the Congress relating the word “result” in line 18. to the lands in the possession, use and control of the Terri The above changes have all been made for purpose of tory of Hawaii, shall be the laws of the State and remain in improved language construction. force, mutatis mutandis, until they expire by their own Section 3. The word “results” has been substituted for limitation, or are ‘altered or repealed by the legislature. the word “result” in line 3. The words “under the provisions Except as otherwise provided by this constitution, all of this Constitution and the laws of this State” have been existing writs, ‘actions, suits, proceedings, civll or criminal deleted after the word “qualified” in line 5, as redundant. liabilities, prosecutions, judgments, sentences, orders,, Section .4. The words “of the State” have been inserted decrees, appeals, causes of action, contracts, claims, de between the words “governor” and “and” in lines 1-2. The mands, titles and rights shall continue unaffected notwith second paragraph of this section has been added to the first standing the taking effect of this constitution, except that paragraph. the State shall be the legal successor to the Territory in These changes have been made for the purpose of im respect thereof, and may be maintained, enforced or prose proved language construction. cuted, as the case may be, before the appropriate or cor Section 6. The word “first” has been inserted before the responding tribunals or agencies of or under the State or word “governor” in line 1, and the article “the” before the of the United States, in the name of the State, political sub word “lieutenant” in line 2 has been deleted. The comma divinion, person or other party entitled to do so, in all after the word “election” and the word “each” alter the word respects as fully as could have been done prior to the taking “shall” in line 2 have been deleted. The word “their” has effect of this constitution. been substituted for the word “his” before the word “elec SECTION 3. [Continuance of Officers.] Except as tion” in line 3. These changes have been made for purpose~of improved otherwise provided by this constitution, all executive language construction. officers of the Territory or any political subdivinion thereof Section 7. In the first paragraph the word “first” has and all judicial officers who may be in office at the time of been inserted before the word “legislature” in line 2 and admission of this State into the Union shall continue to ex the words “elected at the first election” have been deleted. ercise and discharge the powers and duties of their re In the third paragraph words, have been substituted for spective offices until their successors shall have qualified numerals alter the word “district” wherever this word ap in accordance with this constitution or the laws enacted pears. The words “to the senate at such election” in line pursuant thereto. 13 have been deleted. The word “and” has been substituted SECTION 4. [Bond Acts.] All acts of the legislature for the comma and the word “who” in line 15. of the Territory authorizing the Issuance of bonds by the These changes have been made for purposç of improved Territory or its political subdivinions are approved, subject language construction and to avoid redundancy. however to amendment or repeal by the legislature, and Section 8. The new language for this section reads as bonds may be issued by the State and its political subdi follows,: visions pursuant to said acts. Whenever in said acts the Titles and subtitles shall not be used for purposes approval of the President or of the Congress is required, of construing this constitution. the approval of the governor shall suffice. your C ommittee on Style submits the proposed article, SECTION 5. [Lieutenant Governor; Secretary.] Unless as attached, for the consideration, of the Convention. otherwise provided by law, the lieutenant governor shall exercise and discharge the powers and duties of the —July 15, 1950 secretary of the Territory. Benjamin 0. Wist, Steere G. Noda SECTION 6. [Allocation, of Departments.] The provi C hair man Herbert M. Richards sions of Section of Article ehall not be manda Nelson K. Doi, Harold S. Roberts tory until four years from, the date of admission of this Vice-Chairman Clarence Y. Shimamura State to the Union. The legislature shall within three years Randolph Crossley C. Nils Tavares from said date allocate and group the executive and admin Wm. H. Heen Cable A. Wirtz istrative offices, departments and instrumentalities of the Takao Yamauchi state government and their respective functions, powers 1. Garner Anthony—I dissent from the ‘inclusion of the and duties among and within the principal departments pur words “or incongruous” ‘in section 12 of Art. XVI. suant to said section. ‘ ‘ If such ‘allocation and grouping shall not have been com pleted within such period, the.governor, within one year thereafter, by executive order, shall make such allocation and grouping. *Amended by the Convention on third reading’ by deleting words “or incongruous” in’ Section 2, and RD3 passed. STANDING COMMITTEE REPORT NO. 135 289 SECTION 7. [Residence; Other Qualifications.] Re tory shall, within 30 days after receipt of the official notifi quirements as to residence, citizenship or other status cation of such approval, issue a proclamation for primary or qualifications in or under the State prescribed by this and final elections, as hereinafter provided, at which officers constitution shall be satisfied pro tanto by corresponding for all state elective offices provided for by this constitu residence, citizenship or other status or qualifications in tion shall be nominated and elected; but the officers so to or under the Territory. be elected shall in any event include two senators and two SECTION 8. [Compensation of Judges.] Until the legis representatives to the Congress, and unless and until other lature shall otherwise provide under Article of this wise required by law, said representatives shall be elected Constitution, the chief justice, justices of the supreme at large. court and judges of the circuit courts shall receive as com SECTION 2. [Election Procedure; Certification.] Said pensation for their services the sums of $17,500, $17,000 primary election shall take place not less than 60 nor and $15,000 per annum, respectively, which shall, notwith more than 90 days after said proclamation, and the final standing the provisions of Article of this constitution, election shall take place within 40 days after the prima be subject to increase or decreasiS~ihe first session of ry election. Such elections shall be held and the qualifi the legislature of the State. catiàns of voters thereat shall be as prescribed by this con stitution and by the laws relating to the election of members SECTION 9. [Effective Date; Sell-Executing.] This of the legislature at primary and general elections. The constitution shall take effect and be in full force imme returns thereof shall be made, canvassed and certified in diately upon the admission of Hawaii into the Union as a the manner prescribed by law with respect to the election State and the provisions thereof shall be sell-executing to for the ratification or rejection of this constitution. The the fullest, extent that their respective natures permit. governor shall thereupon certify the results thereof to the President. Fart II. —Committee Proposal No. 24 (RD 2) SECTION 3. [Proclamation of Admission; Assumption of Office.] Upon the issuance by the President of a SECTION 1. [Disqualification for Disloyalty.] No per - proclamation announcing the results of said election son who advocates, or who aids or belongs to any party, and the admission of this State to the Union, the officers organization, or association which advocates, the over elected and qualified shall proceed to exercise and dis throw by force or violence of the government of this charge the powers and duties pertaining to their respective State, or of the United States shall be qualified to hold any offices. public office or employment. SECTION 4. [Certification; U.S. Senators and Repre SECTION 2. [Debts.] The debts and liabilities of the sentatives.] The governor of, the State and secretary Territory shall be assumed and paid by the State, and all of state shall certify the election of the senators and debts owed to said Territory shall be collected by said representatives to the Congress in the manner required State. by law. For this purpose, the lieutenant governor of this State shall be deemed ex officio secretary of state. SECTION 3. [Tax Exemption; United States.] No taxes shall be imposed by the State upon any lands or other SECTION 5. [First Session.] Ten days after the ad property now owned or hereafter acquired by the United mission of this State to the Union, the legislature shall con:. States, except as the same shall become taxable byreason vene in special session. of disposition thereof by the United States or by reason of SECTION 6. [Governor and Lieutenant Governor; the consent of the United States to such taxation. First Term.] The first governor and lieutenant governor SECTION 4. [Hawaii National Park.] All provisions shall hold office for a term beginning with their election of the act or resolution admitting this State to the Union, or and ending at noon on the first Monday in December providing for such admission, which reserve to the United following the second general election. States jurisdiction of Hawaii National Park, or the owner SECTION 7. [First Legislature; Terms of Office.] ship or control of lands within Hawaii National Park, are The terms of office of the members of the first legisla consented to fully by the State and its j,eople. ture shall be as follows: SECTION 5. [Reservation; Judicial Rights.] All those Members of the house of representatives shall hold of provisions of the act or resolution admitting this State fice for a term begmnmg with their election and endmg on to the Union, or providing for such admission, which the day of the second general election held thereafter. reserve to the United States judicial rights or powers, are Members of the senate shall be divided into two classes. consented to fully by the State and its people; and those pro The first class shall consist of the following number elected visions of said act or resolution which preserve for the with the highest number of votes from their respective State judicial rights and powers are hereby accepted and senatorial districts first district three, second district, one; third district, two; fourth district, three; fifth district, adopted, and such rights and powers are hereby assumed, two; and sixth district, two. Members of the first class to be exercised and discharged pursuant to this constitution shall hold office for a term beginning with their election and the laws of the State. and ending on the day of the third general election held thereafter. The remaining members elected shall constitute Part IlL —Committee Proposal No. 25 (RD 2) the second class and shall hold office for a term beginning with their election and ending on the day of the second gener SECTION 1. [Elections.] In case the people of the al election held thereafter. Territory ratify this constitution and the same is approved SECTION 8. [Subtitles; Construction.] Titles and sub by the duly constituted authority of the United States whose titles shall not be used for purposes of construing this approval thereto may be required, the governor of the Tern- constitution. stiuonr the State of Haaii, as passed by the delegates, 290 JOURNAL DOCUMENTS STANDING COMMITTEE REPORT NO. 136 dealt with in the order .in which they appear in the constitu tion. (Preamble; Federal Constitution Adopted; Articles I— Your Committee on Printing to which was referred the XVI, respectively; Effective Date; concluding statement, following Standing Committee Report, C ommittee Proposals “Done in Convention at lolani Palace.”) and Committees of the Whole Reports, begs leave to report 10. It is the judgment of your committee that none of that said reports and proposals have this day been printed the changes which have been made affect the substance of in accordance with the second paragraph of Rule 47 (c) of the subject matter as approved by the Convention on third this Convention: Standing Com. Rpt. No. 130—with Commit reading. tee Proposal No. 29, RD 3, Committee of the Whole Re Preamble. The only change which appears in the Pre port No. 25—with Committee Proposal No. 23, RD. 1, Com amble is the use of a small “c” in the word “Constitution” mittee of the Whole Report No. 26—with Committee Proposal in line 5 instead of a capital “C.” The purpose of this No. 24, RD. 1, Committee of the Whole Report No. 27—with change is for consistency in style throughout the constitution. Committee Proposal No. 25, RD. 1.—July 15, 1950 Federal Constitution Adopted The statement with re Charles H. Silva, Chairman ference to the adoption of the Constitution of the United States has been taken from Res. No. 3, which was adopted by the Convention on April 4, 1950, and signed by all dele STANDING COMMITTEE REPORT NO. 137 gates to the Convention. Your Committee on Style, to which was referred all ARTICLE I articlçs as passed on third reading by the Constitutional Convention, has examined these articles and begs leave to This article has been given the title “Bill of Rights.” report arfollows: Section 1. This section has been rephrased in the interest of improved language construction and without change in • 1. Your committee submits herewith a complete Con- substance. Section 2. The only change in this section is the use of including all the articles adopted on third reading by the the word “inalienable” instead of the more archaic word Convention. “unalienable.” 2. Your committee has, followed the order proposed by Section 3. No change has been made. the Committee on Style and approved by the C onvention. Sectton 4. ‘No change has been made. ~‘ (This order appears in the Table of Contents, immediately Section 5. The only change in this section is the deletion preceding page 1 of the Constitution.) of the comma after the word “papers” in line 2. 3. Your committee has effected a number of changes in Section 6. No change has been made. arrangement, such as (a) the transfer of materials from one Section 7. No change has been made. article to another, where such transfer brings related sub Section 8. No change has been made. ject matter more closely together, and (b) modifications in Sectton 9. No change has been made. form (Such changes have been made under the authority Section 10. The only change in this section is the addi granted to the Committee on Style by the Convention. tion of a comma after the word “Tury” in the subtitle. Wherever they appear reference will be male to them in Section 11. The only change in this section is the ‘sub this report) ‘ . stitution of a semicolon for a comma after the word “favor” 4. Your committee has made a number of changes with in the second to the last line. respect to phraseology and punctuation. (Such changes Section 12. No change has been made. have been made to avoid duplications or redundancy, to Section 13. The only change in this section is the dele effect consistency in style, and to improve language con tion of the comma after the word “it” in the third to the’ struction.) last line. 5. Your committee has attached a Title Page and a page Section 14. The word “power” in the first line has been on Table of Contents. (These pages have been added for deleted as redundant. purpose of convenience and are not to be regarded as a part Section 15. The letter “s” in the word “state” is not of the constitution itself) capitalized in this sectton, the word here referring to a 6. In the copy of the Constitution submitted to the Con-’ political entity and not a State of the Union. vention, paragraphs have been numbered consecutively Section 16. No change has been made. from 1 to 206. (This numbering of paragraphs is for pur ‘Section 17. ‘No change has been made. pose of the convenience of the delegates Paragraph num Section 18. Nb change has been made. bers are not to be regarded as part of the constitution it Section 19. No change has been made. self, and will not appear in the original document proposed Section 20 No change has been made for adoption by the convention.) 7. Four items do not appear under article numbers or ARTICLE U tittes. These are one, Preamble; two, the statement of adoption of the Federal Constitution; three, the statement This article was originally Article VU, as passed on with respect to the effective: date of the constitution; and third reading by the Convention. The title Suffrage and four, the concluding statemeCt, “Done in Convention, at Elections has been given to this article. lolani Palace the one hundred and seventy- Section 1. The numerals “(20)” and “(1)” appearing in fifth.” (The above items are incorporated as part of the lines 3 and 5 of the article as adopted on third reading have constitution.) been deleted as redundant. The word “and” in line 3 has 8. The signatures which will appear at the bottom of been deleted and the word “have” has been substituted~for the original document are not, of course, ‘included in the the word immediately thereafter. The comma after the document being submitted herewith. word “election” in line 4 of the redraft has been deleted 9. For the convenience of the delegates all modifications and the word “be” has been substituted for the word “is” in or corrections which will be referred to in this report are the same line. The letter “s” in the word “state” in line 6 STANDING COMMITTEE REPORT NO. 136 291 is not capitalized, the word here being used in the adjective Section 18. No change has been made. fornt • Section 19. The only change in this section has been the Section 2. No change has been made. deletion of the comma after the word “arrest” in line9 of Section 3. No change has been made. the first paragraph. Section 4. The comma alter the word “voters” has been Section 20. No change has been made. deleted and a semicolon has been substituted for the comma after the word “voting” in line 2. The word “shall” has ARTICLE IV been inserted between the words “and” and “prescribe” in This article was originally Article V, as passed on third line 3. The article “The” appearing as the first word of reading by the Convention. The title “The Executive” has the final sentence has been deleted, and a capital “5” has been given to this article. been used in the word “Secrecy.” Section 1 The words “of the State” have been added Section 5. No change has been made. after the word “power” in the firèt paragraph. ARTICLE ifi The words “shall be” have been substituted for the words “is a” in the second line of the fourth paragraph, and the flis article was originally Article IV, as passed on word “have” has been substituted for the word “has.” The third reading by the Convention. The title “The Leginlature” word “the” has been substituted for the word “this”~ before has been given to this article. the word “State” in the final paragraph of this section. Section 1. The only change in this section is the substi Section 2. No change has been made. tution of the word “Power” for “Powers” in the subtitle. Section 3. The words “prescribed by law” have been Section 2. The article “the” has been deleted before the substituted for the words “fixed by the legislature,” to con word “Pali” in line 3 of the fifth paragraph. The letter “r” form to language usage throughout this constitution. A in the word “range” has been capitalized, and the following comma has been added after the word “terms” in line 6. words have been added to the sentence, “and all other is Section 4. In the second paragraph, the words “the lands not specifically enumerated.” This insertion, al absence of the lieutenant governor” have been substituted for though not acted upon, was clearly the intent of the Conven the words “his absence” in line 2. The word “the” has been tion in view of the fact that the same provision was adopted inserted between the words “in” and “event” in the first. with respect to (3) paragraph 2, Section 4, of this article. line of the third paragraph. These changes have been made Section 3. No change has been made. in the interest of improved language construction. Section 4. The only change in this section in the deletion Section 5. The word “to” has been deleted before the of the word “Mandamus” and the semicolon preceding the words “suppress” and “repel” in lines 4-5. The word “its” word from the subtitle opposite the heading Section 4~ and has been substituted for the word “their” in line 9. The placing it as a separate sub-heading opposite the last para sentence “He may call special sessions of the legislature -- -- graph of the section. or the senate alone by’ proclamation and may extend any Section 5. No change has been made. regular or special session of the legislature as provided in Section 6. No change has been made. this constitution,” has been deleted. This deletion does not Section 7. No change has been made. constitute a change in substance, in view of the fact that the Section 8. No change has been made. same provision is set up in the article on the legislature. Section 9. The only change made in this section in the (The Committee on Style has been delegated the responsibi substitution of the word “or” for the word “and” in line 9, lity for avoiding duplication of material.) as more, exact in the meaning intended. In the second paragraph of this section the words “re Section 10. The letter “s” in the word “section” in line prieves commutations and” have been deleted before the 7 has been capitalized and the letter “A” in the word word “pardons” in line 6, as redundant. The comma after “Article” in line 8 has not been capitalized. These changes the word “impeachment” has also been deleted. have been made for the purpose of conformity in style. Section 6. The third sentence of paragraph 3 has been Section 11. A period has been inserted alter the word reconstructed, for purpose of improved language construction. “State” in line 4. The word “and” immediately following The second sentence of the ‘fifth paragraph of the original has been deleted together with the comma. The letter 9” has been reworded to convey more clearly’ the exact purpose in the word “in” before the word “case” has been capital as intended by the Convention. After the word “senate” a ized. The letter “a” in the word “article” in line 10, para semicolon has been substituted for the period and the words graph 2, is not capitalized. The words “shall” and “be used in the final draft of the constitution have been substitu authorized to” have been deleted in line 11, and the word ted for the sentence reading “No person nominated to any “may” has been substituted. The words “shall be limited” office shall be eligible for an interim appointment to such have been deleted in the fourth line of the third paragraph. office if the senate does not consent to the appointment upon Section 12. No change has been made. such nomination.” The third sentence of the original para Section 13,. No change has been made. - graph has been set up as a separate paragraph in the re Section 14. No change has been made. vised draft. ‘ Section 15. No change has been made. Section 16. No change has been made. ARTICLE V Section 17. The sub-heading immediately opposite Sec This article was originally Article VI as passed on third tion 17 has been changed to read “Approval or Veto.” The reading by the Conventions The title “The Judiciary” has words “Reconsideration after Adjournment,” which were been given to this article. previously a part of this subtitle have been made a special Section 1. No change ‘has been made. subtitle for paragraph 3 of this section. The words “that Section 2. The only change made in this section is the - day” have been substituted for the words “the said forty- deletion of the comma after the word “absent” in line 6~ fifth day” in line 8, and the word “said” has been deleted Section 3. In the second paragraph the word “the” has before the word “forty-fifth” in line 9. The-last. sentence been substituted for the word “this” before the word “State” of the original third paragraph has been thade a separate in line 2. In the third paragraph the word “prescribed” has final paragraph of the section. been substituted for the word “provided” in lines 4-5. 292 JOURNAL DOCUMENTS Section 4. No change has been made. Section 1. The word “statewide” in line 2 is not hyphen Section 5. No change has been made. ated in the final draft. A small “s” has been substituted for Section 6. No change has been made. the capital letter in the word “state” in line 3, the word here being used in adjective form. The article “the” before the ARTICLE VI word “public” in line 6 has been deleted. The words “of this This article was originally Article VIII as passed on State” after the word “institutions” in line 7 have been de third reading by the Convention. The title “Taxation and leted as redundant. Finance” has been given to this article. Section 2. No change has been made. Section 1. No change has been made. Section 3. No change has been made. Section 2. The only change in this section is in the sub Section 4. The only change in this section is the use of title. The comma after the word “Taxation” has been deleted the small letter “s” in the word “state” in line 2, the word and the word “of” has been substituted. here being used in adjective form. Section 3. The word “percent” has been substituted for Section 5. The only change in this section Is the use of the word “per cent” wherever this term is used in this sec the small letter “u” instead of the capital letter in the word tion. No other change has been made. “university” wherever this word appears. This change has Section 4. No change has been made. been made in the interest of consistency in style. Section 5. The only change is the insertion of a semi ARTICLE X colon after the word “appropriations” in the subtitle. Section 6. No change has been made. This article was originally Article XIII as passed on third Section 7. The only change in this section is the use of reading by the Convention. The new title appears as Con a small “s” in place of a capital “5” in the word “state,” servation and Development of Resources. This article was the word here being used as an adjective. originally set up in two parts, the assumption being that Section 8. No change has been made. Part II would later be Included elsewhere in the constitution. Section 9. This section has been placed in Article XIV, Your committee has placed Sections 1, 2 and 3 of Part II in General and Miscellaneous Provisions as Section 2. In the Article XIV, these articles more appropriately belonging in judgment of your committee this section more appropriately an article dealing with General and Miscellaneous matters. belongs under the above heading. The only change made has Section 4 has been placed in Article XVI, as Section 9, this been the insertion of the word “thereof” between the words material belonging more appropriately in the Schedule. The “subdivision” and “shall” in lines 2-3. changes made in the above sections will be referred to later in thin report. ARTICLE VII Part I This article was originally Article IX as passed on third Section 1. The only change in this section is the trans reading by the Convention. The title “Local Government” position of the word “game” from its original position in the has been given to this article. sentence to follow the word “fish” in line 4. Section 1. No change has been made. Section 2. No change has been maãe. Section 2. No change has been made. Section 3. No change has been made. Section 3. No change has been made. Section 4. The word “to” after the word “respect” in line Section 4. No change has been made. 4 has been substituted for the word “of.” The word “thereof” Section 5. No change has been made. after the word “subdivision” in line S has been deleted. The In this article periods were placed after each subheading. words “of government” after the word “agency” in line S This was obviously a typographical error. Such practice is have been deleted, and the word “thereof” added as the last not followed elsewhere. word in the sentence. ARTICLE VIII Section 5. No change has been made. This article was originally Article X as passed on third Part II reading by the Convention. The title “Public Health and Section 1. The subtitle has been changed from “Title of Welfare” has been given to this article. United States; Extent” to “Federal Lands.” The word “the” Section 1. No change has been made. before the word “state” in line S has been changed to “this.” Section 2. No change has been made. (See Section 6, Article XIV.) Section 3. No change has been made. Section 2. The word “this” has been substituted for the Section 4. No change has been made. word “the” before the word “state” in line 2, and the word Section 5. The comma after the word “and” and before “therefrom” has been substituted for the word “thereof” in the word “for” in line 4 has been deleted. line 4. (See Section 7, Article XIV.) Section 6. This section has been moved to Article XIV Section 3. The word “this” has been substituted for the as Section 13. It is the judgment of your committee that word “the” before the word “State” in line 4, and again in this section with the substitution of the word “constitution” line 7. (See Section 8, Article XIV.) for the word “article” more appropriately belongs in an Section 4. A comma has been inserted after the word article dealing with General and Miscellaneous Provisions. “compansation” in lines 4—S. (See Section 9, Article XVI.) The subtitle has been changed from “Construction” to “General Power.” The report of the Committee of the Whole ARTICLE XI referring to this section reflects the expressed opinion that This article was originally Article XIII as passed on it might later appear elsewhere in the constitution. third reading by the Convention. The title “Hawaiian Home Lands” has been given to this article. ARTICLE IX Section 1. The words “of the United States” after the This article was originally Article XI as passed on third word “Congress” in line 3 have been deleted as redundant. reading by the Convention. The title “Education” has been Section 2. A small “c” has been substituted for a capital given to this article. “C” in the word “constitution” in line 6. The words “of the STANDING COMMITTEE REPORT NO. 137 293 United States” after the word “Congress” in line 7 have “Ratification; Appropriations” has been added to paragraph been deleted as redundant. 6. The “a” and “b” in brackets preceding reference to general and special elections, respectively, have been deleted. ARTICLE XII The words “such majority” before the word “constituting” This article was originally Article XII as passed on third in line 6 have been added; the word “percent” has replaced reading by the Convention. The title “Organization, Collec “per cent” wherever the term is used. The words “such tive Bargaining” has been given to this article. majority” have been added in line 9 after the word “question.” Section 1. No change has been made. A comma has been deleted after the word “election” where Section 2. This sentence has been rewritten for purpose it appears in line 8, and a comma has been deleted after the of improved language construction. word “effective” in the third to the last line. In the third line of the seventh paragraph the word “their” has been substituted for the word “its,” to conform to usage ARTICLE XIII elsewhere in this constitution. This article has been given the title “State Boundaries, Section 3. The word “Proposed” after the word “Amend Capital, Flag.” The three sections were formerly Section ments” has been added to the subtitle. For purpose of im 3, Section 6 and Section 1 of Article XIV, as adopted by the provement in form the indented material set off by “a” and Convention on third reading. “b” in brackets has been changed in the following manner: Section 3. The only change in this section is the deletion The words “in the following manner” in line 2 have been of the word “State” in the subtitle. (See Section 1, Article deleted; the word “by” and the languageto follow continues XIII.) as part of the first sentence; the words “at any session” Section 6. The only change in this section is the deletion have been added after the word “reading” in line 4; the “or” of the word “State” from the subtitle. (See Section 2, Article has been substitutedfor the semicolon after the word “amend XIII.) ment” in line 6, and after the word “or” the words “By a Section 1. No change has been made.. (See Section 3, dopting the same in the manner required for legislation” Article XIII.) have been deleted; the words “to the governor” after the word “notice” in line 7 have been deleted; a comma after ARTICLE XIV the word “notice” in line 8 has been deleted, as well as the This article has been given the title “General and Miscel words “of the legislature” after the word “ sessions.” laneous Provisions.” This was originally Article XIV, as In the second paragraph of this section the word “on” passed on third reading by the Convention. has been substituted for the word “upon” in line 2. The Section 2. This section has been made the second para words “for members of the legislature” have been deleted graph of Section 12 of this article. The word “whenever” at the end of the paragraph as redundant. in line 1 has been substituted for the word “wherever.” The In the fourth paragraph a small “a” in the word “article” word “construed” has been substituted for the word “interpre is used instead of the capital”A.” ted” and the words “mean either sex” have been substituted Section 4. No change has been made. for the words “include both sexes” at the conclusion of the ARTICLE XVI (SCHEDULE) paragraph. (See Section 12, Article XIV.) Section 5. The word “shall” has been transposed from Article XVI, which has been given the title “Schedule” the second line to the first line after the word “officers.” has been taken from Article IV, Committee Proposal No. 30 Capital “C” is used in the word “Constitution” in both places and from other articles which will be noted later. where this word is used in the quoted oath. The comma be For purpose of convenience three subheadings have been fore the words “to the best of my ability” has been deleted. used in this article, the purpose being to group related (See Section 4, Article XIV.) material together. These subheadings are: Section 4. The word “or” has been substitutued for the (1) Representative Districts; (2) Transitional Provisions; word “and” in line 4, and the comma after the word “sub (3) First Officers, Procedures. divisions” has been deleted. (See Section 5, Article XIV.) Section 1. The subtitle has been changed to read “De Section 7. No change has been made. (See Section 1 of scription; Number of Members.” “Article III” has been Article XIV.) substituted for “Article IV” in the first line of Section 1 of Section 8. This section is the Preamble which has been the article as passed on third reading. This change is made placed at the beginning of this constitution. The only change necessary because of a rearrangement of articles. in the Preamble is the deletion of the comma after the word Section 2. This section has been moved into the third “people” in line 3 and after the word “and” in line 4. part of this Schedule and has been designated Section 17. The subtitle has been changed to read “Salaries of Legis ARTICLE XV lators.” A capital “5” has been used in the word “Section” in line 2. The blank after the word “Section” has been re This article was originally Article XV as passed on third placed by the numeral “10,” and the numeral “ifi” has been reading by the Convention. The title “Revision and Amend placed after the word “Article.” The words “of the legis ments” has been given to this article. lature” have been deleted at the end of the sentence as re Section 1. The only change made in this section is in the dundant. subtitle, which has been changed to read “Methods of Pro The several sections under the subheading “Transitional posal,” instead of “Revision and Amendments.” Provisions” have been taken from other parts of this con Section 2. In the first paragraph of this section a capital stitution as adopted on third reading. Section numbers re “C” has been used in the word “Constitution.” A subheading ferred to below are those used in the final draft. has been added to paragraph 2, “Election of Delegates.” In Section 2. This section has been taken from Article XVI. the third paragraph of this section the numerals “3” and The subtitle has been modified by deleting the words “Trans “XIV” have been inserted in the blank spaces after the words itional Provisions.” “Section” and “Article.” The subtitle “Organization; Pro Section 3. This section has been taken from Article XVI, cedure,” has been substituted for the original. The subtitle Part II, Section 2. No changes have been made. 294 JOURNAL DOCUMENTS Section 4. This section has been taken from Article XVI, “Article.” The words “of the legislature” have been deleted Part I, Section 4. The only change in this section is the at the end of the sentence as redundant. insertion of commas to set off the word “however” in line 4. Section 18. This section has been taken from Article Section 5. This sectionhas been taken from Article XVI, XVI, Part I, Section 8. The word and numeral “Section 3” Part I, Section 3. The only change in this section has been have been added after the word “under” in line 2. The the substitution of the word “to” for the word “into” in line 5. numeral “V” has been added after the word “Article.” The Section 6. This section has been taken from Article XVI, words “of this constitution” have been deleted before the Part I, Section 5. No change has been made. words “the chief justice” in line 2 as redundant. The words Section 7. This section has been taken from Article XVI, “of the State” have been deleted at the end of the sentence Part I, Section 7. A comma has been substituted for the as redundant. semicolon in the subtile. Your Committee on Style respectfully submits the Con Section 8. This section has been taken from Article XVI, stitution of the State of Hawaii, with the recommendation Part I, Section 6. The only change in this section has been that this Constitution be adopted and approved by this Con to fill in the blank spaces after the words “Section” and vention for submission to the people of Hawaii. “Article” with the numerals “6” and “IV.” Section 10. This section has been taken from Article Benjamin 0. Wist, Chairman XVI, Part flI, Section 1. No changes have been made. Section 11. This section has been taken from Article (Constitution as adopted by Convention attached) XVI, Part UI, Section 2. No changes have been made. Section 12. This section has been taken from Article XVI, Part In, Section 3. No changes have been made. STANDING COMMITTEE REPORT NO. 138 Section 13. This section has been taken from Article XVI, Part In, Section 6. The subtitie has been changed by HAWAII STATE CONSTITUTIONAL CONVENTION deletingthe words “First Term.” BALANCE SHEET—July 22, 1950 Section 14. This section has been taken from Article Appropriation for elections and convention XVI, Part In, Section 4. The subtitle has been changed by expenses as provided for in Act 334 . $250,000.00 substituting a comma for the semicolonafter the word Pre-convention expenses— Schedule “A” 114,055.79 __________ “Certification” and substituting the words “United States” Balance of Appropriation available $135,944.21 for “U. S.” The words “ex officio’ have been deleted in Additional appropriations by Governor . 45,000.00 __________ the last line as redundant. Total balance of appropriation available $180,944.21 Section 15. This section has been taken from Article Convention expenses paid—Schedule “B” 171,102.95 __________ XVI, Part In, Section 7. No change has been made. Balance as of June 22, 1950 $ 9,841.26 Section 16. This section has been taken from Article Accounts payable and estimated expenses to XVI, Part In, Section 5. The words “Of Legislature” have complete convention work—Schedule “C”. 4,606.40 ___________ been added in the subtitie. Section 17. This section has been taken from Article IV Balance of appropriation available $ 5,234.86 Allowance for original printing of (Schedule) Section 2. A small “s” has been substituted for Constitution and facsimiles ther eof 750.00 ___________ the capital letter in the word “section” in line 2. The Balance of appropriation allotted to numeral “10” has been inserted after the word “Section” Committee on Submission and Information. $ 4,484.86 and the numeral “UI” has been inserted after the word Schedule “A “—EXPENSES OF SECRETARY OF HAWAII FOR ELECTIONS AND PREPARATION OF CONVENTION PERSONAL SERVICES: Inspectors $ 34,335.00 clerks in counties and secretary’s office 10,824.92 Members of registration board 1,206.00 General labor 1,593.88 __________ $ 47,959.80 OTHER CURRENT EXPENSES: Public works Department repairing booths 982.59 Stationery and office supplies 9,732.54 communication (postage and telephone) 1,301.96 Traveling expense (board, plane fare, auto hire) 2,488.79 Transportation and hauling 1,756.23 Printing ballots, lists of voters, sic 25,870.94 Advertising and publication of notices 2,270.63 Rentals 1,052.32 Motor vehicle upkeep 182.60 Miscellaneous: Lumber, boxes, paint, nails $ 3,002.78 Preparing and cleaning places of rallies and voting booths before and after 8,641.24 Lighting systems, switches, wires, cables, etc. . 1,064.12 Installation or use of public address systems . . . 630.00 Radio services 365.51 Others 3,250.92 16,954.57 ___________ 62,593.17 EQUIPMENT: Typewriter 159.82 Tables and chairs 1,266.25 Dallot boxes 933.65 Voting booths 1,143.10 __________ 3,502.82 ___________ TOTAL EXPENDITURES PAID $114,055.79 STANDING COMMITTEE REPORT NO. 139 295 Schedule UBn_CONVENTION EXPENSES PAID PERSONAL SERVICES: Delegates’ compensation $ 63,000.00 Employees’ compensation 76,880.52 $139,880.52 OTHER CURRENT EXPENSES: Delegates’ mileage 1,850.40 Stationery, printing supplies and Office supplies 6,330.96 Communication: Postage $ 557.70 Telephone and telegrams 301.82 859.52 Repairs and alterations: Armory Hall by Public Works $ 4,111.00 Locks on doors and desks 78.50 Office machines 18.34 4,207.84 Printing: Letterheads, envelopeè, proposal covers, committee report covers 1,431.10 Equipment rentals: Office machines, desks and chairs $ 2,065.50 Bleachers 1,000.00 3,065.50 Public address system—rental 8,000.00 National Guard Armory—rental 3,000.00 Recording system: Rental of two recording machtnea $ 100.00 Purchase of two recording machines and attachments 488.70 Tapes and reels 996.79 1,585.49 Special services: Transcript — UnAmer ican Activities Committee of United States Congress $ 124.50 Changing light bulbs in Armory Hall 50.35 174.85 Special purchases: Air freight rates, transportation and hauling $ 440.84 Signs, maps, paper cups 295.93 736.77 31,222.43 TOTAL EXPENDITURES PAID $171,102.95 Schedule “C” Resolution ACCOUNTS PAYABLE AND ESTIMATED EXPENSES WHEREAS, the Hawaii State Constitutional Convention TO COMPLETE CONVENTION of 1950 is preparing to submit to the pedple of Hawaii a Constitution for the proposed State of Hawaii for PERSONAL SERVICES: ratification, and Employees’ compensation $ 2,000.00 WHEREAS, the union label is a recognized symbol or OTHER CURRENT EXPENSES: stamp of approval used by many state and government Stationery and office supplies 777.35 agencies on their printed matter, and Communication: Telephone estimates 300.00 WHEREAS, by virtue of their harmonious labor- Repairs: management agreements certain printing firms are duly Office machines and locks 19.50 authorized to use the union label on printed matter when Printing: so requested; now therefore, Envelopes and journal covers 37.60 BE IT RESOLVED ThAT the Constitutional Convention Equipment rental: be requested to have said union label affixed on the pro Typewriters, chairs, cabinet 649.50 posed Constitution when awarding the contract for print Armory—pro rata of utilities 200.00 ing of same. Hauling charges—estimates 400.00 begs leave to report as follows: Miscellaneous: After careful and deliberate consideration, it was the Election bills—secretary’s office unanimous vote of your committee that delegates to the Con per letter from Mr. Long 165.00 vention respectfully adopt its recommendation as follows: Others 57.45 There is no objection to the use of the Typographical TOTAL $ 4,606.40 union label on printed copies of the Hawaii Constitution but that there shall be no label on the original or facsimiles thereof. Randolph Crossley, Samuel Wilder King Chairman Nils P. Larsen Arthur K. Trask, Frank C. Luiz STANDING COMMITTEE REPORT NO. 139 Vice-Chairman Richard T. Lyman, Yr. I. Garner Anthony Hebden Porteus Your Committee on Submission and Information to which Hiram L. Fong Charles A. Rice was referred Misc. Com. No. 117 from the Honolulu Typo Charles Kauhane Harold S. Roberts graphical Union No. 37 (A. F. of L.) enclosing its Resolu Kazuo Kage Thos. T. Sakakthara bion reading as follows: Arthur D. Woolaway 296 JOURNAL DOCUMENTS 3. Committee of the Whole Reports COMMITTEE OF THE WHOLE REPORT NO. 1 hide of defiance by stating: “whether I sit as a member of this Convention or not, I don’t want to apologize for my actions, but I am willing to go this far—I say if the Commit Your Committee of the Whole, to which was referred tee is willing to withdraw its illegal action, I am willing to Res. No. 25, recommending that Frank G. Silva, a delegate withdraw my attacks on the Committee.” to the Constitutional Convention, by reason of his contempt Your Committee after a thorough and studied consider of the House UnAmerican Activities Committee, be expelled ation of all the facts and evidence before it together with the as a member thereof, and that his seat be declared vacant entire record before the Special Committee feels that the and the Governor be requested to fill the vacancy in the manner provided by law, begs leave to report as follows: resolution should be amended to include a provision that the conduct of Delegate Silva was contumacious not only to the This Resolution was presented to this Convention by a House UnAmerican Activities Committee but also toward Special Committee of eleven delegates appointed by the this Convention and thereupon adopted the resolution in the President pursuant to Res. No. 16 of this Convention, to in following amended form: vestigate the qualifications of Frank G. Silva to retain his seat as a delegate to this Convention. This Special Commit RESOLUTION tee Report No. 3, recommended that in the event Delegate Silva failed to purge himself of contempt or has not shown RESOLVED, that Frank G. Silva, by reason of his cause why he should not be expelled, this Convention act up contumacious conduct before and toward the UnAmerican on Res. No. 25. Activities Committee of the House of Representatives The Committee today held a long exhaustive hearing on and this Constitutional Convention of Hawaii of 1950, is this Resolution covering more than five hours. Delegate hereby declared disqualified and unfit to sit as a member Silva at the inception of the hearing read and filed with the of this Convention, and that he be and is hereby expelled; Committee a lengthy written statement containing matters that his seat be declared vacant; and the Governor be re which your Committee feels are highly reprehensible. The quested to fill the vacancy in the manner provided by statement is contemptuous and contumacious towards the law. members of the Convention. It is a vicious, scurrilous and unwarranted attack upon the integrity of the members, hold As so amended, your committee recommends the adoption ing them up to public odium, ridicule and disrepute. of the Resolution. —April 20, .1950 Included in the record before the Committee of the Whole, Cable A. Wirtz, Chairman in addition to this statement, are other written statements made by Delegate Silva and also portions of the transcript of the hearings held before the UnAmerican Activities Commit tee, relating to Delegate Silva’s alleged activities in the COMMITTEE OF THE WHOLE REPORT NO. 2 Communistic party of Hawaii, being a portion of the testi monty of Ichiro Izuka and the testimony of Delegate Silva Your Committee of the Whole to which was referred given on Thursday, April 13, 1950, before that body. The Committee Report No. 16 of the Committee on Health and statements of Delegate Silva and the portions of the tran Public Welfare, and C ommittee Proposal No. 1, entitled script referred to were ordered printed and distributed to “A Proposal Relating to Health and General Welfare,” after all the members of the Committee. When asked by the Chair, full and free discussion begs leave to report as follows: Delegate Silva stated that he had no further evidence to sub Your Committee proposes certain amendments to the mit to the Committee. By consent of the Committee Delegate various sections of the article set forth in this Proposal, Silva was also accorded the privilege of having counsel of which amendments are hereinafter discussed in order, as his choice appear and represent him before the Committee. follows: In accordance with the rules of order, Delegate Silva was then excused from any further participation and deliberation I. As originally proposed, the first section reads as of the Committee. A motion was thereupon made to amend follows: the resolution in question which was duly seconded. Before SECTION . Public Health. The state shall be a vote was taken, a copy of the proposed amendment (in the responsible f6Fffie protection and promotion of the public form hereinafter set forth) was delivered to Delegate Silva, health including preventive measures for all its inhabit and, with the consent of the Committee, he was permitted to ants. address the Committee together with his counsel, Mr. Myer Your Committee recommends that this section be amende C. Symonds. to read as follows: Mr. Symonds, counsel for delegate Silva, presented oral argument to the Committee in defense of Delegate Silva. Section . Public Health. The state shall provide Among other things, he argued that Delegate Silva had been for the prJE&ion and promotion of the public health. provoked into making the last written statement which was Reasons for or Explanation of Changes: presented by him and that it was not very tactful and was, he thought, in bad taste. He pleaded that the supreme penal 1. The substitution of the word “provide” for the words ty of expulsion of Delegate Silva be not inflicted and that, “be responsible,” and the elimination of the phrase “includ because he had been provoked, leniency should be shown to ing preventive measures for all its inhabitants,” does not him. Delegate Silva also made an additional oral statement change the intent of the original proposal of the Committee to the Committee in his own behalf. Instead of retracting on Health and Publlc Welfare. However, it is felt that the the scurrilous and unwarranted language contained in that word “provide” is a more positive mandate on the State than written statement and being apologetic, he assumed an atti the words “be responsible.” COMMITTEE OF THE WHOLE REPORT NO. 2 297 2. The amendment does not exclude preventive measures and health, in such manner and by such means as may as the Committee considers that the words “protection and be prescribed by law. promotion” include preventive meüures. Your Committee recommends that thin section be amended 3. The amendment does not eliminate the applicability to read as follows: of the entire section to all inhabitants of the State. Section . Social Security. The state shall have U. As originally proposed, the second section reads as power to pi6V1~e assistance for persons unable to main follows: tain a standard of living compatible with decency and SEC TION . General Welfare. The state shall health. have the powiFWmake adequate provision for the develop Reasons or Explanation: ment of preventive measures for treatment and rehabili tation as well as domiciliary care for mentally and physi 1. The substitution of the words “have power to provide cally handicapped persons who are unable to provide such assistance” for the words “be authorized to make provisions” care. conforms the style of this section to that of other sections of the same article. Your Committee recommends that this section be amended to read as follows: 2. The deletion of the words “in such manner and by such means as may be prescribed by law” eliminates redundancy. Section . Care of Handicapped. The state shall 3. The term “assistance” includes both financial and have powefl~jrovide for treatment and rehabilitation, other assistance. as well as domiciliary care, for mentally or physically handicappedpersons. IV. As originally proposed, the fourth section reads as follows: Reasons or Explanation: SECTION . Slum Clearance, Rehabiftation and 1. The substitution of the words “to provide” for the Housing. Tliiifãte and its political subdivisions may words “to make adequate provision,” has the effect (a) of provide for or assist in slum clearance and rehabilitation conforming the style to that of other sections of the same of substandard areas including housing for persons of article, and (b), by eliminating the word “adequate,” of pre low income. venting a possible construction which might result in attack ing legislation enacted under this section upon the ground Your Committee recommends that thin section be amended that it fails to meet the indefinite standard of adequacy.. to read as follows: 2. The elimination of the phrase “for the development of Section. Slum Clearance, Rehabilitation and preventive measures” does not exclude preventive measures, Housing. The state shall have power to provide for or as the words “treatment and rehabilitation” in this section assist in slum clearance and rehabilitation of substandard and the provisions of the first section fully include power to areas including housing for persons of low income. develop programs for the prevention of both mental and physical handicaps. Reasons or Explanation: 3. The change of the word “and” to “or” between the 1. The phrase “and its political subdivisions” is elimi words “mentally” and “physically,” makes it clear that nated because it is not used in the other sections of the same either or both are intended. article and therefore its inclusion in this section might imply 4. While your Committee is in sympathy with the viçws that no political subdivision could be authorized to exercise of the Commitiee on Health and Public Welfare, that this the powers granted in the other sections. Furthermore, provision should not be construed as laying down a policy in the grant of general power to the State carries with the favor of socialized medicine, your Committee nevertheless power of the legislature to grant such powers to polftical deems it advisable to eliminate the words “who are unable subdivisions. to provide such care,” for the following reasons: 2. Some question has been raised as to whether the a. That it is preferable to leave to the legislature language of this section as proposed to be amended is the imposition of such restrictions upon such reasonable sufficiently broad to cover all powers which might be needed standards as it deems necessary. by the State to b. That the deleted clause might possibly be construed to invalidate the present program of rehabilitation of provide for, engage in, and assist, ~n any manner, tuberculosis and other patients who are or might be given public housing and housing undertakings, slum clearance, institutional care at public expense regardless of ability and the development, redevelopment or rehabilitation of to pay, both for the protection of the public health and blighted, substandard or insanitary areas, including re for the rehabilitation of the patients. creational and other facilities incidental thereto, . 5. As amended, this section will not limit the treatment this being the language urged by the Hawaii Housing Authori and care now given tuberculosis or other chronically ill ty to cover the area of present and future legislative action patients. in this field necessary to keep pace with possible modern 6. The substitution of the subtitle “Care of Handicapped” needs. However, your Committee believes that its recom for the subtitle “General Welfare” better describes the mended wording of this section is broad enough to cover all eontent of this section. However, it is agreed that subtitles of the suggested powers. are merely for convenience of reference and are not to be The terms “provide for or assist” include the power to relied upon for substantive meaning. “engage in” the activities directly, by the State or its politi cal subdivisions, as may be authorized by statute. The UI. As originally proposed, the third section reads as terms “slum clearance” and “rehabilitation of substandard follows: areas” in their broadest sense, include “public housing,” SECTION . Social Security. The state shall be “slum clearance” and “development,” “redevelopment” and authorized tdii~iZe provisions for persons unable to “rehabilitation.” The term “substandard areas” includes maintain a standard of living compatible with decency “blighted,” “substandard” and “insanitary” areas. The 298 JOURNAL DOCUMENTS power thus granted to engage in such projects carries with nated because these are deemed covered by other terms in it the incidental power to include in such projects “recre the section as proposed to be amended, as well as by the ational and other facilities incidental thereto.” grant to be given elsewhere in the Constitution, of general The power to “provide for or assist in” such projects legislative power. The words “and for that purpose private includes the power to provide for “housing undertakings.” property shall be subject to reasonable regulation” are The clause “including housing for persons of low income” added to make it clear that private property may be reason is not intended to narrow the preceding rant of powers, but ably regulated in the public interest for such aesthetic simply to make it clear that, since the overall result of reasons as sightliness and physical good order, as well as providing such housing—even when such housing is not part for other reasons such as health and safety. This includes of a specific project for slum clearance or rehabilitation of legislative regulation of signs and billboards. It is unneces the same or some other specified area—is to assist in pre sary to specifically mention public property in this con venting the creation of slums or to assist dwellers in slums nection, as was suggested in the debate, since the State can or substandard areas to move to better housing areas; this clearly regulate property owned by it or its political sub power is also included in the preceding grant of general divisions. powers to “provide for or assist in slum clearance and VI. As originally proposed, the sixth section reads as rehabilitation of substandard areas.” As to the question, follows: raised by the Hawail Housing Authority, whether present activities of the Territory in providing emergency housing SECTION . Powers of the State. The enumeratior for persons not necessarily of lowest income group, due to in this articW6fspecified functions shall not be construec the prevailing housing shortage, your Committee belleves: as limitations upon the powers of the state government (a) that this power would exist independently of this section’s for the good order, health, safety and general welfare of special grant of powers, under the general rant of legisla the people. tive powers to be conferred upon the legislature by other Your Commfttee recommends that this section be amende provisions of the Constitution, so long as the emergency to read as follows: conditions making such activities reasonably necessary for public health, safety or welfare, continue to exist; and (b) Section . Powers of State. The enumeration in that the term “low income” is a relative one, which can and this articli~flpecified powers shall not be construed as will be construed by the courts to include any group which, limitations upon the powers of the state to provide for the under prevailing economic or other conditions, may reasona general welfare of the people. bly be found by the legislature to be unable to secure ade Reasons or Explanation: quate housing without the type of assistance contemplated by this section. 1. The word “powers” is substituted for the word “func This power granted the State to “assist in” the specified tions” to conform in style to other sections of the same activities, would also empower the legislature to make other article, and because it is felt the former is more specific laws in aid of the same objectives, such as, for example, than the latter term. laws granting tax exemption for a certain specified period 2. The word “government” is deleted as redundant. to private corporations which might assist in providing such 3. The phrase “general welfare” is deemed to include housing or slum clearance, or authorizing the exercise of “good order, health, safety” which are deleted from the the power of eminent domain for such purposes. A good original section. example of such ancillary measures so authorized would 4. The amendment is made in the interest of brevity, be laws encouraging or authorizing what was done in New and makes no change in substance. It is intended by this York City when the Metropolitan Life Insurance Company section to indicate clearly that, while your Committee deems cleared out certain slums and built apartment houses for it desirable to make the specific enumerations of powers low rental use, available to persons of moderate income. set forth in this article, rather than to rely solely upon much It is probable that some of these incidental powers may be more general language in the grantof powers to the legisla more specifically mentioned in other articles of the Consti tive department, such specific enumeration must in no way tution, and if so they should be carefully coordinated. be deemed a limitation upon other more general powers conferred by other articles in the Constitution. It is expecte V. As originally proposed, the fifth section reads as that other similarly specific articles may also contain corre follows: sponding provisions out of an abundance of caution, but that, SECTION . Public Sightiiness and Good Order. in the final consideration given to all such articles by the The state shifl~ve the power to conserve and develop Committee on Style, all such precautionary provisions may objects and places of historic and cultural interest and be united in one general section or article to the same effect the natural beauty, parks, public highways and beaches. For the reasons hereinbefore sal forth, your Cominittee Your Committee recommends that this section be amended recommends: to read as follows: a. That the report of the Committee on Health and Public Section .. Public Sightliness and Good Order. The Welfare (Committee Report No. 16) accompanying said state shalfli~V~ power to conserve and develop its natural Committee Proposal No. 1, be accepted and placed on file; beauty, objects and places of historic or cultural interest, b. That said Committee Proposal No. 1 be amended in sightliness and physical good order, and for that purpose the manner hereinbefore proposed; and private property shall be subject to reasonable regulation. c. That, as so amended, said proposal pass second read ing. —May 29, 1950 Reasons or Explanation: Edward B. HOlróyde, Chairman While the wording of this section is altered considerably, your Committee believes that its original substance and in- tent are not changed, except to further clarify the same. Reference to “parks, public highways and beaches” is elimi COMMITTEE OF THE WHOLE REPORT NO. 3 299 COMMITTEE PROPOSAL NO. 1, RD 3* if and to the extent that the United States shall so require, said law shall be subject to amendment or repeal enly with RELATING TO HEALTH AND GENERAL WELFARE the consent of the United States and in no other manner, RESOLVED, that the following be agreed upon as part of provided, further, that If the United States shall have pro the State Constitution: vided or shall provide that particular provisions or types of provisions of said Act may be amended in the manner ARTICLE required for ordinary state legislation, such provisions or SEC TION . Public Health. The state shall provide types of provisions may be so amended. The proceeds and for the protéEtioif and promotion of the public health. income from Hawaiian home lands shall be used only in accordance with the terms of said Act, and the legislature SEC TION . Care of Handicapped. The state shall may, from time to time, make additional sums available have power fijF6vide for treatment and rehabilitation as for the purposes of said Act by appropriating the same in well as domiciliary care, for mentally or physically handi the manner provided by law. capped persons. SECTION . Compact with the United States. The SECTION . Social Security. The state shall have state and itsj~6~1e do hereby accept, as a compact with power to prdVidiissistance for persons unable to maintain the United States, or as conditions or trust provisions a standard of living compatible with decency and health. imposed by the United States, relating to the management SECTION . Slum Clearance, Rehabilitation and and disposition of the Hawaiian home lands, the requirement Housing. T1i~iEte shall have power to provide for or that section hereof be included in this Constitution, in assist in slum clearance and rehabilitation of substandard whole or in j~H7 it being intended that the Act or Acts of areas including housing for persons of low income. the Congress of the United States pertaining thereto shall be definitive of the extent and nature of such compact, con SECTION . Public Sightliness and Good Order. The ditions or trust provisions, as the case may be. The state state shall h~Iijower to conserve and develop its natural and its people do further agree and declare that the spirit beauty, objects and places of historic or cultural interest, of the Hawaiian Homes Commission Act looking to the con sightliness and physical good order, and for that purpose tinuance of the Hawaiian homes projects for the further private property shall be subject to reasonable regulation. rehabilitation of the Hawaiian race shall be faithfully carried SECTION . Powers of State. The enumeration in out; and this article öfl~icified powers shall not be construed as 3. That Committee Proposal No. 6, as amended, pass limitations upon the powers of the state to provide for the second reading. —June 8, 1950 general welfare of the people. W. Harold Loper, Chairman *RD 1 and RD 2 were working drafts in the Committee of the Whole; copies available at Archives of Hawaii. *Modifying phrase, “with the exception of the recommend ation as to Committee Proposal No. 6,” added to original COMMITTEE OF THE WHOLE REPORT NO. 3 draft of committee report. Your Committee of the Whole to which was referred Standing Com. Rpt. No. 33 of the Committee on the Hawaiian Homes Commission Act, and Committee Proposal No. 6 of COMMITTEE OF THE WHOLE REPORT NO. 4 the same Committee begs leave to report that it has had the Your Committee of the Whole to which was referred same under consideration and recommends: Standing Com. Rpt. No. 41 of the Committee on Taxation 1. That Standing Com. Rpt. No. 33 be filed, and its and Finance, begs leave to report that it has considered the recommendation as to Committee Proposal No. 6*; and same and recommends that Standing Com. Rpt. No. 41 be 2. That Committee Proposal No. 6 be amended by tabled. —June 13, 1950 deleting the last sentence of the first section which reads: Nelson K. Doi, Chairman Such appropriations for administration expenses of the Hawaiian Homes Commission shall never be less than, after due consideration of the receipts applicable COMMITTEE OF THE WHOLE REPORT NO. $ to such expenses from the Hawaiian home lands, will accord said Commission equal treatment with other Your Committee of the Whole to which was referred departments of the state in the funds available for its Standing Com. Rpts. Nos. 20 and 24 of the Committee on administration expenses. Bill of Rights, and Committee Proposals Nos. 3 and 4 accompanying said reports, respectively, all relating to so that the amended proposal shall read as follows: the Bill of Rights, having fully debated and considered said A PROPOSAL reports and committee proposals, begs leave to report thereon as follows: RELATING TO HAWAIIAN HOMES COMMISSION ACT Your Committee held meetings on Tune 1, 5, and 6, 1950, RESOLVED, that the following be agreed upon as part on said reports and proposals. of the State Constitution: ARTICLE It should be explained that Committee Proposals Nos. 3 and 4 are in reality parts of the same proposed Article on SECTION . Anything in this Constitution to the Bill of Rights, Proposal No. 3 covering sections Nos. 1 to contrary notWtfH~1anding, the Hawaiian Homes Commission 5 inclusive, 7 to 9 inclusive, 11 to 19 inclusive, and 21 to Act, 1920, enacted by the Congress of the United States, as 25 inclusive, of said proposed Article, and said Proposal the same has been or may be amended prior to the admission No. 4 covering sections 6 and 10 of said proposed Article. of the state, is hereby adopted as a law of the state, subject Section 20 of said proposed Article is left blank in said to amendment or repeal by the legislature, provided, that Committee Proposal No. 3 for the reason that it was covered 300 JOURNAL DOCUMENTS by a proposed section, now before the Committee on Industry This section guarantees equality of treatment of all and Labor relating to collective bargaining. citizens of the United States, whether they be citizens of The section numbering in Committee Proposals Nos. 3 this State or of any other place under the jurisdiction of and 4 follows substantially the numbering of Proposal No. the United States of America. It also prohibits deprivation 97, which formed the basis for most of the Bill of Rights of the rights of franchise or of any of the rights or privi Committee’s consideration of matters to be included in the leges of citizens, except for causes and in a manner con Bill of Rights, and apparently was retained in Committee sistent with due process of law and the other provisions of Proposals Nos. 3 and 4 so as to preserve continuity with, the Constitution. This, of course, does not prevent the the records of that committee’s previous deliberations. legislature, within the Constitution, from setting up reason Each section, therefore, of said Committee Proposals Nos. able qualifications for voting such as age, ability to read 3 and 4, will be here considered in consecutive order as and write, mental competency and residence, and disquali though they were parts of one committee proposal. fication for conviction of crime, etc. Many of such qualifi SECTION 1. In Committee Proposal No. 3, this section cations wiil undoubtedly be contained in the Article on reads as follows: Suffrage and Elections. Section 1. All political power of this ‘State and the SECTION 4. In Committee Proposal No. 3, this section responsibility for the exercise thereof is inherent in reads as follows: the people and all government herein is founded on this Section 4. No person shall be deprived of life, liberty, authority. or property without due process of law, nor be denied Recommendation; Reasons or Explanation: Your Commit the equal protection of the laws. tee recommends that this section be adopted. Recommendation, Reasons or Explanation For the SECTION 2. In said Committee Proposal No. 3, this reasons set forth in Standing Com. Rpt. No. 20, page 2 on section reads as follows: this section, your Committee recommends that this section be adopted. Section ‘2. Ml persons are born free from political oppression and remain equal in their inherent rights. SECTION 5. In Committee Proposal No. 3, this section Among these inherent and inalienable rights are life, reads as follows: liberty and the’pursuit of happiness and the right of Section 5. No law shall be passed respecting the acquiring and possessing property. establishment of religion, or prohibiting the free ex Your Committee recommends that this section be amended ercise thereof. to read as follows: Recommendation; Reasons or Explanation: Since this Section 2. All persons are by nature free and are section is derived from the first clause of the 1st Amend equal in their inherent and inalienable rights, among ment to the Federal Constitution, with which your C ommittee which are those of enjoying life~ liberty and the pursuit is in full accord, it recommends the ‘adoption of this section. of happiness and the right of acquiring and possessing By so doing, this State will be availing itself of the decisions property. These rights cannot ei~dure unless the people of the Federal Courts construing said clause of the Federal recognize corresponding obligations and responsibilities. C onstitution. Recommendation; Reasons or Explanation: The amend SECTION 6. In Committee Proposal No. 4, this section ments do not change the intent of the Committee on Bill of reads as follows: Rights as set forth originally in Proposal No. 3. It simply Section 6. No citizen shall be denied enlistment in adopts language considered more acceptable by your com any military organization of this State nor be segregat mittee. The second sentence of this section as proposed to ed therein because of religious principles, race, color, be amended carries with it the idea, which your committee ancestry,or national origin. desires to emphasize; that the priceless rights guaranteed No person shall be denied the enjoyment of his civil to each individual under the Constitution cannot be fully en rights, nor be discriminated against in the exercise joyed, and might be prejudiced or lost, unless the individual of his civil rights, because of religious principles, recognizes the rights of all other individuals to similar race, sex, ancestry, or national origin. enjoyment; and that he has a duty, as a good citizen, to do Recommendation; Reasons or Explanation: Your Com his part in protecting and preserving those rights for others mittee understands that the first paragraph of this section as well as for himself. This concept carries with it, there would not prevent the state from prescribing the qualifi fore, both the idea of refraining from doing that which will cations for enlistment or drafting of persons into the tend to destroy or prejudice these rights of others, and to militia in such manner as to exclude conscientious objects do what every good citizen should to assist in protecting under circumstances such that the exclusion could reason and preservmg them ably be deemed in the interest of the security of the Your Committee recommends that this section, as amend state, or could otherwise be considered reasonable in the ed, be adopted. light of funds available, the type of service required to SECTION 3. In Committee Proposal Np. 3, this section be performed and other relevant circumstances. Your reads as follows: committee also believes that, ‘assuming (as your commtt Section 3. No citizen shall be disenfranchised, or tee does in the absence of any final decision of the Feder deprived of any of the rights or privileges secured to al C ourts to the contrary) that the Hawailan Homes Com other ‘citizens, unless by the law of the land. mission Act is constitutional, the continuance in effect of the Hawaiian Homes Commission Act, which confers Recommendation; Reasons or Explanation: special rights or privileges upon “native Hawaiians” as Your Committee recommends that this section be amend defmed m the Hawaiian Homes Commission Act, does ed by correctmg the spellmg of the word “disenfranchised” not infrmge upon the second paragraph of this section, to “disfranchised,” and that, as so amended, it be approved. smce the rights thus given to Hawaiians existed prior to COMMITTEE OF THE WHOLE REPORT NO. 5 301 the inception of the State of Hawaii and could not be ad authorize trial of the issue of mental incompetency without versely affected by such state without the consent of a jury. This has been done because, it has been pointed out, Congress. Your committee recommends the adoption of and your Committee agrees, that the trial of such issues this section. without a jury is already validly authorized by law under SECTION 7. In Committee Proposal No. 3, this sec the 7th Amendment to the Federal Constitution from which tion reads as follows: the first clause of this section is derived; express mention, therefore, of such power in the State Constitution is un Section 7. No law shall be passed abridging the necessary. freedom of speech or of the press. The first clause of the first sentence of this amendment Recommendation; Reasons or Explanation: Since this differs from the language of the 7th Amendment to the Feder section incorporates the second clause of the 1st Amend al Constitution, only in increasing from twenty dollars to one hundred dollars the maximum limit for cases which the, ment of the Federal Constitution and will give to this legislature may require to be tried without a jury. Under State the benefit of Federal decisions construing the the laws of the Territory which will be continued in effect same language, your committee recommends that this by the Hawaii State Constitution, all jury fees in civil cases, section be adopted. as well as criminal cases, are paid out of public funds. Even SECTION 8. In Committee Proposal No. 3, this sec at the extremely inadequate fee of four dollars per day now tion reads as follows: fixed by law, a one-day jury trial can cost the ‘State one hundred dollars or more. The payment of these jury fees Section 8. The right of the people to be secure in in civil cases by the government has the salutary effect of their persons, houses, papers, and effects, against making it possible for a litigant of limited means to have unreasonable searches and seizures, shall not be the same benefits of a jury trial as a person of greater violated; and no warrants shall issue, but upon probable means, a situation which does not exist in jurisdictions cause, supported by oath or affirmation, and particu which require the parties to put up the jury fees. In your larly describing the place to be searched, and the person or things to be seized. Committee’s opinion, this condition should continue, but it appears unreasonable to guarantee such an expensive right Recommendation; Reasons or Explanation: This sec - for minor cases where the jury fees might equal or greatly tion, being derived from the 4th Amendment of the Feder exceed the amount claimed, and your Committee feels there al Constitution, will give to this State the benefit of fore that, in cases involving one hundred dollars or less, it Federal decisions construing the same, and your com would be quite reasonable for the legislature to require mittee recommends approval thereof. trial before a district magistrate or judge without a jury. The second clause of said first sentence of this section SECTION 9. In Committee Proposal No. 3, this sec as amended, is designed to follow the modern trend of tion reads as follows: permitting the legislature, at least in civil cases, to provide Section 9. No person shall be held to answer for for jury verdicts by a majority of not less than three-fourths a capital, or otherwise infamous crime, unless on a of the jurors. It is the universal ruling of all courts which presentment or indictment of a Grand Jury, except have passed upon the subject, that a constitutional provision in cases arising in the land or naval forces, or in preserving the right to trial by jury carries with it the clear the militia, when in actual service in time of war or implications that the jury must consist of twelve jurors public danger, nor shall any person be subject for and that the verdict must be unanimous. In order, there the same offense to be twice put in jeopardy of life fore, to enable the legislature to provide for majority or limb, nor shall any person be compelled in any verdicts, it is necessary to expressly so provide in the criminal case to be a wituess against himself. constitution. The proposed provision for majority-jury Recommendation; Reasons or Explanation: This section verdicts does not automatically permit less-than-unanimous is derived from the first three clauses of the 5th Amend jury verdicts and therefore, until and unless the legislature ment to the Federal Constitution and will give to this State shall otherwise provide within the limitations of this consti the benefit of Federal decisions construing the same. Your tutional provision, jury verdicts will have to be unanimous Committee recommends that this section be adopted. as is the practice at present. Should the legislature pass legislation to provide for majority verdicts, it can attach SECTION 10. In Committee Proposal No. 4, this section reasonable regulations or restrictions, such as, requiring reads as follows: a certain period of deliberation before a majority verdict Section 10. The right of trial by jury shall remain may be accepted, providing for majority verdicts by a inviolate. The legislature may authorize the trial of the greater proportion than three-fourths of the jurors, etc. issue of mental incompetency without a jury. Many states have also permitted, as did the constitution of the Republic of Hawaii, the legislature to provide for a Your Committee recommends that this section be amend reduction of the number of jurors in all or certain types of ed to read as follows: cases~ Your Committee has felt that this was inadvisable, Section 10. Jury trial. In suits at common law where just as it has felt it inadvisable to extend the majority- the value in controversy shall exceed one hundred dollars, verdict provision to any criminal case. the right of trial by jury shall be preserved; however, the It should be clearly understood that this section preserves legislature may provide for a verdict by not less than the right to trial by jury to the same extent such right was three-fourths of the members of the jury. preserved by the Federal Constitution, with the exception of No person shall be disqualified to serve as a juror raising the twenty-dollar limit to one hundred dollars, as because of sex. above mentioned, but that it in no way restricts the power of the legislature to extend the right of trial by jury to ad Recommendation; Reasons or Explanation: Among other ditional classes of cases. Actually the legislature of the things, this amendment eliminates the last sentence of the Territory, although not required to do so by the Federal original Section 10 which provided that the legislatore might Constitution or the Organic Act, has extended the right of 302 JOURNAL DOCUMENTS trial by jury to a number of classes of cases which were SECTION 12. In Committee Proposal No. 3, this section not required to be tried by jury under the Federal Constitu reads as follows: tion. This proposed amendment would not automaticaily Section 12. Excessive bail shall not be required, nor make any change in those cases, it being left to the legisla excessive fines imposed, nor cruel and unusual punish tore by future legislation to restrict or extend such right of ments inflicted. Wituesses shall not be unreasonably jury trial within the limits of the guarantee provided by this detained or confined. section. The second paragraph of Section 10, as proposed to be Your C ommittee recommends that the section be amended amended, which prohibits disqualification to serve as a juror to read as follows: because of sex, will apply to all cases, both civil and crimi Section 12. Excessive bail shall not be required, nor nal, whereas the first paragraph of this section will apply excessive fines imposed, nor cruel or unusual punish by its terms only to civil cases. Your Committee believes ments inflicted. that it should be left to the Committee on Style as to whether this second paragraph of Section 10 should be part of Section Recommendation; Reasons or Explanation: The first 10 or should be given a separate section aumber in view of sentence of this section as originally proposed, and which its application to both civil and criminal jury trials. is recommended for adoption herein, is taken from the 8th As originally proposed, the amendment to the first para Amendment to the Federal Constitution, and will give this graph of Section 10 contained a provision to the effect that state the benefit of Federal decisions construing the same. in any case, except a capital offense, a jury might be waived, The second sentence of said original section, which is or that by agreement of the parties a smaller number of eliminated by your Committee’s amendment, prohibits un jurors might render a verdict by any stipulated majority. reasonable detention or confinement of wituesses. Your In the course of the debate, this portion of the proposed Committee has recommended deletion of this sentence be amendment was eliminated. However, it was pointed out, cause no comparable section of any other constitution can and your Committee agrees, that such elimination will not be found, and its meaning is not settled by usage or court prevent the Supreme Court of the State, under rules of civil decisions, and it would therefore probably cause a great procedure to be adopted by it, if Section 10 of the Article oa deal of litigation before its meaning became settled. Judiciary is adopted by this. Conventioa, from allowing Your Committee believes that any instance of grossly un parties to waive trial by jury in all civil and criminal cases, reasonable detention of a wituess would be covered by other except Capital offenses, or from permitting them to stipulate provisions of the Federal Constitution and of the State Con for the trial of civil or criminal cases, other than capital stitution, but further believes that the matter can properly offenses, by a jury of less than twelve, and for a verdict of be left to the legislature to enact remedial legislation to less than unanimousor less than the proportion then re meet any practices or instances of unreasonable detention quired by law for such cases. Furthermore, your C ommittee of wituesses. believes that this would not prevent the court, under such Your Committee recommends that Section 12 as so amend rules, from calling an extra juror or jurors in addition to ed, be adopted. the aumber required by law, to sit with the regular jury, so SEC TION 13. In Committee Proposal No. 3, Section 13 that in case of the death, iiness, disqualification or absence reads as follows: of one or more of the regular jurors, such substitute juror Section 13. There shall be no imprisonment for debt or jurors could be authorized to sit with the jury when it and a reasonable amount of the property of individuals commences its deliberations and participate in the verdict, may be exempted from seizure or sale for payment of thereby avoiding another possibly long and expensive jury any debt or liabilities. trial. Many of these expedients are now permitted either under our local, practice, orunder the Federal rules of Your Committee recommends that said section be amend civil procedure in Federal Courts, or both. ed to read as follows: Your Committee further recommends the adoption of Section 13. There shall be no imprisonment for debt. Section 10 as so amended. Recommendation; Reasons or Explanation: While it is SECTION ii. In Committee Proposal No. 3, Section 11 not likely that in this day our legislature would ever provide reads as follows: for imprisonment for debt, your Committee nevertheless feels it proper to include in the constitution a prohibition Section 11. In all criminal prosecutions, the accused against such practice, bearing in mind that even today in a shall enjoy the right to a speedy and public trial by an few states imprisonment for debt is legally possible. How impartial jury of the judicial circuit wherein the crime ever, your Committee has recommended deletion of the shall have been committed, which judicial circuit shall latter part of said Section 13 as originally proposed, relating have been previously ascertained by law; or of such other to reasonable exemptions from seizure or sale for payment judicial circuit to which the prosecution may be removed of debts or liabilities, because the legislature under its with the consent of the accused in accordance with law; general powers may enact laws providing for such reason to be informed of the nature and cause of the accusation; able exemptions, and hence specific authorization for such to be confronted with withesses against him; to have com laws in the constitution is unnecessary. pulsory process for obtaining wituesses in his favor, and It is olear, of course, that the prohibition of imprison to have the assistance of counsel for his defense ment for debt does not apply to imprisonment for failure to ReCommendation; Reasons or Explanation: Since this pay a fine imposed under the criminal laws, or to imprison section incorporates the 6th Amendment of the Federal Con ment for contempt of court for unjustified failure to comply stitution, with only a slight change to refer to judicial circuits with a court order for the payment of money, such as alimon’ instead of districts, to conform to the local situation, and which practices are now legal even under the Territorial - will give to this State the benefit of the decisions of the Organic Act which prohibits imprisonment for debt. Federal Courts construing the same language, your Commit Your Committee recommends that Section i3 as so tee recommends that this section be adopted. amended, be adopted. COMMITTEE OF THE WHOLE REPORT NO. 5 303 SECTION 14. In Committee Proposal No. 3, this section out the consent of the owner or occupant, for in time of reads as follows: war, except in a manner prescribed by law. Section 14. The privilege of the writ of habeas corpus Recommendation; Reasons or Explanation: Since this shall not be suspended, nor shall the laws or the exe section substantially incorporates the 3rd Amendment to the cution of the laws be suspended, unless in case of re Federal Constitution and will give the State the benefit of bellion or invasion the public safety requires it, and then Federal rulings on its construction, your Committee recom only in such manner as shall be prescribed by the legis mends its adoption. lature. SECTION 17. In Committee Proposal No. 3, this section Your Committee recommends that said section be amend reads as follows: ed to read as follows: Section 17. The military power shall be in strict • Section 14. The privilege of the writ of habeas corpus subordination to the civil power. shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. Recommendation; Reasons or Explanation: Your Commit The power of suspending the laws, or the execution tee recommends the adoption, of this provision, as it is obvi of the laws, shall never be exercised except by the legis ously proper, in a free representative government, such as lature, or by authority derived from it, to be exercised ours, that the military power should be subordinated to the in such particular cases only as the legislature shail civil. This would not prevent the State, in times of war or expressly prescribe. emergency, from adopting and executing emergency measures, including the use of the military, adequate to meet the exi Recommendation; Reasons or Explanation: This section, gencies of the occasion. as proposed to be amended, rewrites the first portion of the original section to conform to Section 9 of Article I of SECTION 18. In Committee Proposal No. 3, this section the Federal Constitution, thus giving the State the benefit reads as follows: of Federal decisions construing the Federal provision. Section 18. Treason against the State shall consist Your Committee’s amendment also rewrites that portion only in levying war against the same, or in adhering to of the original section relating to suspension of laws or the enemies, giving them aid and comfort. No person execution of the laws, so as to conform to a provision in the shall be convicted of treason unless on the testimony of Massachusetts Constitution along the same line, with a two witnesses to the same overt act, or on confession in slight improvement in the language. The purpose of the open court. latter provision is to make it clear that, if laws or the exe cution of laws are to be suspended, such suspension must Recommendation; Reasons or Explanation: Your Commit first be expressly authorized by the legislature and must tee recommends that the section be deleted for the following be in accordance with the terms of the enabling laws. In reasons: order to meet expected or unforseen emergencies, it is contemplated that the legislature will enact enabling legis This section is derived from Section 3 of Article UI of lation authorizing the executive department, under certain the Federal Constitution, which was adopted at a time when stipulated conditions, to suspend various laws or portions there was fresh in the memories of the revolting colonists of laws or the execution thereof, but it is desired to make the fact that under the then or recent laws of England there it clear that power to effect such suspension is not to be were seventeen types of treason punishable by death in a implied from legislation but must be clearly expressed. “very solemn and terrible way,” and when the modern Your Committee recommends that Section 14 as so scientific methods of crime detection and proof, other than amended, be adopted. eye-wituess testimony—such as photography, fingerprinting, handwriting analysis, microscopic and chemical analyses, SECTION 15. In Committee Proposal No. 3, this section fluoroscopic examinations, etc. —were unknown. Actually reads as follows: such a provision is unnecessary because it defines only one Section 15. A well regulated State Militia being neces crime, leaving to the legislature in any event the power to sary to the security of a free State, the right of the people define other crimes, including other capital offenses. Dele to keep and bear arms shall not be infringed. tion of the section, therefore, would actually strengthen the power of the legislature, or at least render it free from any Recommendation; Reasons or Explanation: This section uncertainty, to deal in any manner commensurate with the incorporates the 2nd Amendment to the Federal Constitution. needs for protection against modern espionage, fifth column Your C ommittee wishes to make it clear that this section activities, sneak attacks, and undeclared war with modern wlil not render invalid the existing laws of the Territory, weapons of destruction. Furthermore, the requirement of which will be continued in effect by the State Constitution, two eye-witnesses to any overt act, or confession in open relating to the registration, possession and carrying of court, would tie the hands of law enforcement officers and firearms, nor will it prevent the legislature from passing courts to bring in convictions when proof under modern other reasonable restrictions on the right to acquire, keep conditions might be overwhelming and yet be unsupported or bear firearms or other weapons, including the power of by eye-witness testimony. the legislature to entirely prohibit the possession of such modern and excessively lethal weapons as machine guns, SECTION 19. In Committee Proposal No. 3, this section silencers, bombs, atomic weapons, etc. Upon this under reads as follows: standing, your Committee recommends the adoption of this Section 19. The right of the people peaceably to section. assemble, and to petition the government, or any depart SECTION 16. In Committee Proposal No. 3, this section ment thereof, shall never be abridged. reads as follows: Recommendation; Reasons or Explanation: Since this Section 16. No soldier or member of the State Militia section is derived from the last clause of the 1st Amend shall, in time of peace, be quartered in any house, with- ment to the Federal Constitution, with the benefit of Federal 304 JOURNAL DOCUMENTS decisions construing the same, your Committee recommends considered that, if the provision of the Federal Constitution its adoption. adopted by this section should ever be considered by the SECTION 20 is left blank, as stated at the beginning of legislature as too restrictive, the legislature by statute this report, because the subject matter is being considered. could always extend the right to secure compensation, by by the Committee on Industry and Labor. Your Committee appropriate statutes narrowly worded to cover only such understands that the Committee on Bill of Rights reserves types of damage as the legislature in its discretion might the right to propose a section on collective bargaining, if consider desirable in addition to those allowable under the Committee on Industry and Labor fails to do so. Accord this proposed constitutional provision. ingly, your Committee recommends that the word and Your Committee also considered, in this connection, the question as to whether the power of the legislature to pro figure “Section 20” be deleted from Committee Proposal vide for “excess condemnation,” or condemnation of proper No. 3. ty in excess of that absolutely necessary for a particular SECTION 21. In Committee Proposal No. 3, this section public project, should be expressly included in this section reads as follows: or elsewhere in the constitution. Your Committee finally Section 21. The power of the State to act in the gener decided that such inclusion was unnecessary because your al welfare shall never be impaired by the making of any Committee is strongly of the opinion that the power to pro vide for a reasonable amount of excess condemnation in irrevocable grant of special privileges or immunities. order to minimize the loss to the State or condemning Recommendation; Reasons or Explanation: The purpose authority by reason of severance damages to the remaind of this section is to prevent the State from imparing its er, or for other sound reasons, is implied within the gener power to act in the general welfare by making any irrevo al legislative power to provide for condemnation of private cable grant of special privileges or immunities. This, of property; and that the courts can be relled upon to restrain course, will not prevent the State from making revocable any attempted excessive use of the power of excess con grants of specinl privileges and immunities authorized by demnation by application of other provisions of the consti this C onstitution, such as tax exemptions, etc. Your C om - tution, including the requirement expressed or implied in mittee recommends that this section be adopted. any constitution that the taking of private property must be for a public purpose. SECTION 22. In Committee Proposal No. 3, this section Your Committee recommends that this section be adopted. reads as foUows: Section 22. The right to marry shall not be denied SECTION 24. In Committee Proposal No. 3, this section or abridged because of race, nationality, creed or reads as follows: religion. Section 24. The rights and privileges hereby secured Recommendation; Reasons or Explanation: Your Com shall not be construed to justify acts inconsistent with mittee recommends that this section be deleted for the the peace or safety of this State. following reasons: Recommendation; Reasons or Explanation: Your Com mittee recommends that this section be deleted for the First, there is not and never has been in this jurisdiction following reasons: any problem as to the right of any race to marry any.other This section is unnecessary because it is a universal race, and is not likely to be. Second, while a provision of principle in the construction of all similar provisions of this type is included in the United Nations charter, this is done because many nations, and even some of the present State constitutions and of the Federal Constitution that rights guaranteed by such provisions of the Bill of Rights, States of the Union, have miscegenation statutes. Third, your Committee is firmly of the opinion that marriage is a or by any other provisions of a constitution, are not abso civil right within the provisions of Section 6 of the Article lute and are subject to reasonable regulation by the legis here under consideration, as set forth in Committee Pro lature in the interest of the publlc health, order, safety and welfare. The courts have so construed such provisions posal No. 4 and as proposed to be amended by this report; of other constitutions. and also that a denial of the right to marry on account of sex, in the light of conditions as they have existed and now SECTION 25. In Committee Proposal No. 3, this section exist in this jurisdiction, would be a violation of both Sections reads as follows: 3 and 4 of the same Article as covered by Committee Pro posal No. 3. The deletion of this section is therefore recom Section 25. This enumeration of rights and privi mended because, under the circumstances, it is unnecessary. leges shall not be construed to impair or deny others retained by the people. SECTION 23. In Committee Proposal No. 3, this section Recommendation; Reasons or Explanation: Your Com reads as follows: mittee recommends the adoption of this section, which is Section 23. Private property shall not be taken for self-explanatory. public use without just compensation. Conclusion: Attached hereto your Committee submits~ Recommendation; Reasons or Explanation: This section an amended Article incorporating all amendments herein incorporates the last paragraph of the 5th Amendment to above recommended, and renumbering Sections 19, 21, 23 the Federal Constitution. Such language is adopted because and 25 of Committee Proposal No. 3, as Sections 18, 19, of the certainty which has been given to the interpretation 20 and 21, respectively, due to the recommended elimi of that section by the Federal decisions. Your Committee nation of Sections 18, 20 and 24. understands that, in the course of the conthideration of this For the reasons hereinabove set forth, your Committee section by the Committee on Bill of Rights, the question of recommends: (1) that Committee Proposals Nos. 3 and 4 prohibiting the damaging of private property without just be combined in one proposal to be numbered Committee compensation was considered and was rejected because of Proposal No. 3., with the amendments hereinabove recom the uncertainty of the term relating to “damage,” it being mended and as set forth in said amended Article hereto COMMITTEE OF THE WHOLE REPORT NO. 6 305 attached; (2) that Standing Com. Rpts. Nos. 20 and 24 be SECTION 11. In all criminal prosecutions, the accused filed; and (3) that, as so amended, said Committee Pro shall enjoy the right to a speedy and public trial by an im posal No. 3 pass second reading. —June 13, 1950 partial jury of the judicial circuit wherein the crime shall Charles H. Silva, Chairman have been committed, which judicial circuit shaU have been previously ascertained by law; or of such other judicial COMMITTEE PROPOSAL NO. 3 circuit to which the prosecution may be removed with the consent of the accused in accordance with law; to be in- RELATING TO BILL OF RIGHTS formed of the nature and cause of the accusation; to be con RESOLVED, that the following be agreed upon as part of fronted with witnesses against him; to have compulsory the State Constitution: process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ARTICLE____ SECTION 12. Excessive bail shall not be required, nor SECTION 1. All political power of this State and the excessive fines imposed, nor cruel or unusual punishments responsibility for the exercise thereof is inherent in the inflicted. people and all government herein is founded on this authori ty. SECTION 13. There shall be no imprisonment for debt. SECTION 14. The privilege of the writ of habeas corpus SEC TION 2. All persons are by nature free and are equal shall not be suspended, unless when in cases of rebellion or in their inherent and inalienable rights, among which are invasion the public safety may require it. those of enjoying life, liberty and the pursuit of happiness The power of suspending the laws, or the execution of the and the right of acquiring and possessing property. These laws, shall never be exercised except by the legislature, or rights cannot endure unless the people recognize correspond by authority derived from it, to be exercised in such parti ing obligations and responsibilities. cular cases only as the legislature shall expressly prescribe. SECTION 3. No citizen shall be disfranchised, orde SECTION 15. A well regulated State Militia being neces prived of any of the rights or privileges secured to other sary to the security of a free State, the right of the people citizens, unless by the law of the land. to keep and bear arms shall not be infringed. SECTION 4. No person shall be deprived of life, liberty, SECTION 16. No soldier or member of the State Militia or property without due process of law, nor be denied the shall, in time of peace, be quartered in any house, without equal protection of the laws. the consent of the owner or occupant, nor in time of war, SECTION 5. No law shall be passed respecting the es except in a manner prescribed by law. tablishment of religion, or prohibiting the free exercise thereof. SECTION 17. The military power shall be in strict sub ordination to the civil power. SECTION 6. No citizen shall be denied enlistment in any military organization of this State nor be segregated therein SECTION 18. The right of the people peaceably to as because of religious principles, race, color, ancestry, or semble, and to petition the government, or any department national origin. thereof, shall never be abridged. No person shall be denied the enjoyment of his civil SECTION 19. The power of the State to act in the general rights, nor be discriminated against in the exercise of his welfare shall never be impaired by the making of any irrevo civil rights, because of religious principles, race,sex, cable grant of special privileges or immunities. ancestry, or national origin. SECTION 20. Private property shall not be taken for SECTION 7. No law shall be passed abridging the freedom public use without just compensation. of speech or of the press. SECTION 21. The enumeration of rights and privileges shall not be construed to impair or deny others retained by SECTION 8. The right of the people to be secure in their the people. persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or COMMITTEE OF THE WHOLE REPORT NO. 6 affirmation, and particularly describing the place to be searched, and the person or things to be seized. Your Committee of the Whole to which was re-referred Standing Com. Rpts. Nos. 20 and 24 of the Committee on SECTION 9. No person shall be held to answer for a B ill of Rights, having previously filed Committee of the capital, or otherwise infamous crime, unless on a present Whole Report No. 5, and having reconsidered said Report, ment or indictment of a grand jury, except in cases arising begs leave to further report as follows: in the land or naval forces, or in the militia, when in actual service in time of war or public danger, nor shall any person Your Committee has voted to amend said Report No. 5 be subject for the same offense to be twice put in jeopardy in the following particulars: of life or limb, nor shall any person be compelled in any 1. By inserting, after the word “circumstances,” at the criminal case to be a witness against himself. end of the first sentence under the subheading “Recommend SECTION 10. Tury trial. In suits at common law where ation; Reasons or Explanation,” on page 5 of the mimeo the value in controversy shall exceed one hundred dollars, graphed Report No. 5, an additional sentence reading as the right of trial by jury shall be preserved; however, the follows: legislature may provide for a verdict by not less than three- Your Committee understands further that this para fourths of the members of the jury. graph wouldnot prevent the State from authorizing any No person shall be disqualified to serve as a juror be military organization to deny enlistment on the basis of cause of sex. security to this state or the nation. 306 JOURNAL DOCUMENTS 2. By inserting, immediately preceding the last sentence ‘insanity” and those types of mental insufficiencies called of the same paragraph under the same subheading, an ad ‘idiocy” or ‘imbecility.” For instance, Section 18 of the ditional sentence reading as follows: Hawaiian Organio Act provides that “No idiot or insane person . . . shall register or vote . . .“ It is also your The Committee is unanimously agreed that the right Committee’s opinion that the question of whether a person to marry is a civil right within the meaning of Section 6. is or is not non compos mentis, is one of fact in every Your Committee recommends that said Committee of instance and that this section would not prevent a person the Whole Report Na. 5 be adopted as amended by this supple who had been legally declared non compos mentis by a court mentary report. and released on probation, from voting before he was perma nentiy released, unless at the moment of registration or voting or whenever the question was legally raised as to his rights to be registered or vote, he was actually non compos COMMITTEE OF THE WHOLE REPORT NO. 7 mentis. The word “felony” is also used in this section because, Your Committee of the Whole to which was referred under our statutes, a felony is now defined as “an offense Standing Com. Rpt. No. 39 of the Committee on Suffrage that is punishable with death or with imprisonment for a and Elections, and Committee Proposal No. 8, accompany longer period than one year.” (RLH 1945, Sec. 10602). While ing the same, having held meetings on Sune 9 and 13, 1950, it is realized that the legislature can define felony in other at which said Report and Proposal were fully and freely terms, it is deemed unlikely that the definition will ever be discussed, begs leave to report as follows, taking up each changed from its present terms and, in any event, that it is section of said Committee Proposal No. 8 in order: most unlikely that the legislature will ever eliminate the SECTION 1. The first section of said proposal reads as statutory definition without substituting some equally definite follows: provision in its place. Your C ommittee recommends that this section be adopted. Section 1. Qualifications of voters. In order to be qualified to vote in any state or local election, a person SECTION 3. As originally proposed, this section reads 1. Shall be a citizen of the United States; as follows: 2. Shall have attained the age of 20 years; Section 3. Residence. No voter shall be deemed to 3. Shall have resided in the state not less than one have gained or lost residence simply by reason of his year next preceding the election; presence or absence while employed in the service of 4. Shall be able to speak, read and write the English the United States; nor while engaged in navigation; nor or Hawaiian language, except for physical disability; while a student at any institution of learning. and 5. Shall be registered as a voter in accordance with Recommendations; Reasons or Explanation: This Is a law. common provision in most state constitutions and clarifies the voting status of persons in the armed forces and other Recommendations; Reasons or Explanation: Paragraph services of the United States, students and persons in mari 3 of said section provides only for a one-year residence in time occupations. Residence or domicile, which is intended the state next preceding the election. However, this is not by that term as used in this section, is a matter of intent intended to prevent the legislature, under paragraph 5 of plus certain other factors. This section, in your Commit said section, from enacting additional requirements as to tee’s opinion, is simply declaratory of the common law as to residence, which must be met in order to register as a determination of legal residence or domicile. Its incorpora voter in a particular county or district. In other words, it tion in the article on Suffrage and Elections is nevertheless should be understood that the legislature, under paragraph justified, both because it makes clear the applicability of the 5 of said section, can impose reasonable residential and common law rules, and because of the present provision of other requirements, such as are now provided by territorial our Organic Act which might be thought to enact a slightly statutes, as a prerequisite for registration in a precinct. different rule in providing: ‘That no person shall be ailowed Paragraph 4 of said section requires ability to use either to vote who is in the Territory by reason of being in the the English or the Hawaiian language, which is a recognition Army or Navy or by reason of being attached to troops in of the fact that in the early history of these islands, Hawaii the service of the United States.” (Org. Act, Sec. 63) an was the first and legal language, and that there are still Your Committee recommends that the word ‘person” be numbers of persons who can speak, read and write the substituted for the word ‘voter” in the first line of this sec Hawaiian language but are unable properly to speak, read tion as being more appropriate. and write the English language. The phrase ‘except for With the foregoing amendment, your Committee recom physical disability” is intended to indicate that persons able mends that the section be adopted. to speak, read or write the Engllsh language but who are un able to do all three because of blindness or other such disa SECTION 4. As proposed, this section reads as follows: bilities, may nevertheless be permitted to register and vote. Your Committee recommends that this section be adopted. Section 4. Registration; Voting. The legislature shall provide for the registration of qualified voters and pre SECTION 2. As proposed, this section reads as follows: scribe the method of voting at all elections, provided that Section 2. Disqualifications of voters. No person who secrecy of voting shall be preserved. The legislature is non compos mentis and no person under conviction of shall provide the manner in which a qualified voter ~tho felony, unless pardoned and restored to his civil rights, may be absent from the State or the island of his resi shall be qualified to vote. dence on any election day may vote.” Recommendations; Reasons or Explanation: The word Recommendations; Reasons or Explanation: Your Com ‘non compos mentis” is used because it includes all forms mittee recommends that said section be amended to read as of mental unsoundness, including what was formerly called follows: COMMITTEE OF THE WHOLE REPORT NO. 8 307 Section 4. Registration; Voting. The legislature shall Paragraph 2: That Committee Proposal No. 8 be amended provide for the registration of qualified voters and pres in the manner hereinabove recommended and as set forth in cribe the method of voting at all elections, provided that redraft thereof hereto attached, and that, as so amended, it secrecy of voting shall be preserved. The legislature shall pass second reading. —June 20, 1950 provide for absentee voting.” George Dowson, Chairman The revision of the second sentence of this section, as proposed by your Committee, will make it clear that the COMMITTEE PROPOSAL NO. 8, RD 1 legislature can take care of every possible situation, which it feels should justify absentee voting, even to the extent, if RELATING TO SUFFRAGE AND ELECTIONS deemed advisable, of permitting absentee voting where an RESOLVED, that the following be agreed upon as part of elector is on the same island but absent from his voting the StateConstitution: district or precinct on election day. Your Committee recommends the adoption of this section ARTICLE as amended. SECTION 1. Qualifications of voters. In order to be SEC TION 5. As originally proposed, this section reads qualified to vote in any State or local election, a person as follows: 1. Shall bea citizen of the United States; Section 5. General elections shall be held on the 2. Shall have attained the age of 20 years; Tuesday after the first Monday in November, even- 3. Shall have resided in the State not less than one numbered years, and every second year thereafter. year next preceding the election; Primary elections shall be held not less than six weeks 4. Shall be able to speak, read and write the English prior to the general election. Special elections may be or Hawaiian language, except for physical disability; held according to law. Contested elections shall be de and cided by the Supreme Court of the State of Hawaii accord- • 5. Shall be registered as a voter in accordance with to law. law. Recommendations; Reasons or Explanation: Your Com - SECTION 2. Disqualification of voters. No person who mittee recommends that this section be amended to read as Is non compos mentis and no person under conviction of follows: felony, unless pardoned and restored to his civil rights, Section 5. General elections shall be held on the shall be qualified to vote. Tuesday next after the first Monday in November, in all SECTION 3. Residence. No person shall be deemed to even-numbered years. Special elections may be held have gained or lost residence simply by reason of his according to law. Contested elections shall be determined presence or absence while employed in the service of the by a cb’art of competent jurisdiction in such manner as United States; nor while engaged in navigation; nor while shall be provided by law. a student at any institution of learning. The amendments to the first section simply clarify the SECTION 4. Registration; Voting. The legislature shall original intent and eliminate redundancy. Your Committee provide for the registration of qualified voters and prescribe understands that it is quite probable that the State of Hawaii the method of voting at all elections, provided that secrecy will be admitted at a time which will necessitate the calling of voting be preserved. The legislature shall provide for of a special election to elect state officers, but believes absentee voting. that this should not militate against calling general elections in the even-numbered years so as to coincide with the presi SEC TION 5. General elections shall be held on the dential election when a president is to be elected. Tuesday next after the first Monday in November in all The second sentence of the original section, requiring even-numbered years. Special elections may be held accord primary elections to be held not less than six weeks prior ing to law. Contested elections shall be determined by a to the general election, was deleted in order to allow the court of competent jurisdiction in such manner as shall be legislature broader powers in fixing the dates of primary provided by law. elections so as to adjust the same from time to time to meet changing conditions. The last sentence of the original section was amended so as to permit the legislature to provide by law for determin COMMITTEE OF THE WHOLE REPORT NO. 8 ation of any contested election by a court of competent juris Your Committee of the Whole to which was referred diction, rather than to confine such conteCts only to the Standing Com. Rpt. No. 37 of the Committee on Judiciary Supreme Court of the State. It was felt that in some instances and Committee Proposal No. 7 accompanying said report the legislature might desire to have a Circuit Court determine and entitled “Proposal for the Establishment of the Judici a local contested election rather than compel the parties to ary,” having fully debated and considered said report and come before the Supreme Court. This would not prevent the committee proposal, begs leave to report thereon as legislature from permitting appeals to the Supreme Court follows: from any lower tribunal in a contested election case. Your Committee recommends that Section 5 as amended Your Committee held meetings from 9:15 a.m. until be adopted. 11:54 a.m. and from 1:50 p.m. until 4:08 p.m. on June 8; from 10:09 a.m. until 12 o’clock noon and from 1:42 p.m. Conclusion: For the foregoing reasons, your Committee until 3:00 p.m. on June 9; from 9:50 a.m. until 12:01 o’clock recommends as follows: p.m. and from 1:37 p.m. until 2:54 p.m. on June 13, 1950, Paragraph 1: That Standing Com:Rpt.No. 39 and the on said report and proposal. recommendations thereof, be adopted, except as, and to the Your Committee first discussed and adopted Proposal 7 extent that, the same may be inconsistent with thefl provisions section by section and thus proposes amendments to certain and recommendations of this Committee of the Whole Report. sections of the Article as set forth below: 308 JOURNAL DOCUMENTS The sections and amendments are discussed in order, person shall be eligible to such office who shall not have together with reasons or explanations, as noted during de been admitted to practice law before the supreme court bate, and, as hereinafter set forth. of this state for at least ten years. SECTION 1. As originally proposed, the first section The justices of the supreme court and the judges of reads as follows: the circuit courts shall hold office for initial terms of six years and upon reappointment shall hold office for Section 1. The judicial power of the State shall be a term of 12 years. vested in one supreme court, circuit courts and such inferior courts as the legislature may from time to time Recommendation; Reasons or Explanation: Your Com ordain and establish. It shall extend to all cases arising mittee recommends that this section be adopted as amended: under the constitution and laws of the United States or The justices of the supreme court and the judges of this State. The several courts shall have original and the circuit courts shall be appointed by the governor by appellate jurisdiction as provided by law. and with the advice and consent of the senate. No nomin There is no discussion on this section. ation to such office shall be sent to the senate until after ten days’ public notice by the governor. No person shall Recommendation; Reasons or Explanation: Your Com be eligible to such office who shall not have been admitted mittee recommends that this section be adopted as proposed above. to practice law before the supreme court of this state for at least ten years. SEC TION 2. As originally proposed, this section reads The justices of the supreme court shall hold office as follows: for a term of seven years and the judges of the circuit courts shall hold office for a term of six years. Section 2. The supreme court shall consist of a chief justice and four associate justices. When necessary, the There are in all nine amendments to this section and chief justice shall assign a judge or judges of the circuit approximately four hours of debate. court to serve temporarily on the supreme court. In The first amendment offered by Delegate Fukushima case of a vacancy in the office of chief justice or if he reads as follows: is ill, absent or otherwise unable to serve, an associate justice designated in accordance with the rules of the The justices of the supreme court shail be elected supreme court shall serve temporarily in his stead. by the electorate of this state, and the judges of the several circuits shall be elected by the electorate of Recommendation; Reasons or Explanation: Your Com the respective circuits, both at a non-partisan election mittee recommends that this section be adopted as proposed period. No person shall be eligible to such office who above. shall not have been admitted to practice law before the There was considerable discussion on this section and supreme court of this state for at least ten years. one amendment was offered. This amendment offered by The justices of the supreme court and the judges of Delegate Yamauchi reads as follows: the circuit courts shall hold office for a term of eight The supreme court shall consist of a chief justice years. and not less than two associate justices. This amendment was debated by 21 speakers for a period There being no second, the amendment was not discussed. of one hour and 24 minutes, at the conclusion of such debate The question of a quorum of the supreme court was raised. the motion for adoption was put and lost. (Roll call) It was first expressed that three (a majority) of the member The next amendment was offered by Delegate Fong and ship of the court would constitute a quorum. However, after reads as follows: discussion it was pointed out that a quorum did not apply to a court since full membership constituted the court. Also, The chief justice shall be elected by the qualified that it was not intended that any number less than full mem voters of the state on a non-partisan designation at a bership should conduct the business of the court. Conse regular election in an odd numbered year in which a quenily, the next sentence providing for temporary assign governor is not elected. He shall hold office for a term ment of circuit court judges was necessary to insure that of 8 years, beginning on the first day of January next there would be a court at all times. The last sentence was following his election. designed to guarantee leadership of the supreme court on The associate justices of the supreme court and the all occasions. judges of the circuit courts shall be appointed by the The subject of vacations was also discussed as interfer chief justice from a list of three nominations by and with ing with the work of the court as there could be less than a the consent of the senate. No nomination to such office quorum (full court) present if one or more justices or judge shall be sent to the senate until after ten days’ public was absent on vacation and substitute judges were not imme notice by the governor. No person shall be eligible to diately available, but it was pointed out that the courts were such office who shall not have been admitted to practice usually closed for a period during the summer months, at law before the supreme court of this state for at least which time most judges took their vacations and only ad ten years. ministrative work was handled, and the question was there The justices of the supreme court and the judges of fore immaterial. the circuit courts shall hold office for initial terms of SECTION 3. As originally proposed, the third section six years and upon reappointment shall hold office for reads as follows: a term of 12 years. Section 3. The justices of the supreme court and the This amendment was debated by ten speakers for a total judges of the circuit courts shall be appointed by the of 61 minutes, at the conclusion of such debate the motion governor by and with the advice and consent of the senate. for adoption was put and lost. (Roll call) No nomination to such office shall be sent to the senate The next amendment was offered by Delegate Thomas until after ten days’ public notice by the governor. No Sakakthara and reads as follows: COMMITTEE OF THE WHOLE REPORT NO. 8 309 The chief justice and four associate justices shall be Each appointed justice and judge shall hold office for elected by the qualified voters of this State on a non a term ending December 31 following the next general partisan designation at a regular election in any odd num election after the expiration of twelve months in office. bered year in which a governor is not elected. They At the general election next preceding the expiration of shall hold office for a term of eight years, beginning on his term in office, the name of such justice or judge shall the first day of January following their election. appear, unopposed, on a separate non-partisan ballot No person shall be eligible to such office who shall which shall read as follows: not have been admitted to practice law before the supreme court of this state for at least ten years. “Shall judge [or justice] _____________________ Judges of the circuit courts shall be appointed by the (Here insert the name chief justice of the supreme court, with the concurrence ____________________ of the___________________ of two of the justices thereof, for terms of six years and of the judge or justice) (Here insert the title until their successors are appointed and qualified. ___________________court be retained in office? They shall have resided in this state for not less than of the court) three years immediately preceding their appointment, be Yes ( ) No.” qualified to vote and be licensed to practice law in all of If a majority of those voting on the question shall vote the courts of this state. They shall be subject to removal in the affirmative, the justice or judge shall remain in for cause by the chief justice, with the concurrence of office for the number of years after December 31 follow two justices. ing such election as is provided for the full term of such This amendment was debated for 24 minutes by the intro office, and at the expiration of each such term shall be ducers and a few others, at the conclusion of suOh debate the eligible for retention in office by election in the manner motion for adoption was put and lost. (Voice vote) here prescribed. If at any such election, a majority shall The next amendment was offered by Delegate Fukushima vote against retention in office, a vacancy shall then exist on the last paragraph of Section 3 and reads as follows: upon the expiration of the appointive term. Should any justice or judge not desire to continue in office beyond The justices of the supreme court shall hold office the original term provided for in his appointment, he for a term of eight years and the jUdges of the circuit shall, at least 60 days prior to the said general election, courts shall hold office for a term of six years. give notice thereof to the governor and his name shall not be placed upon said ballot. There was considerable debate on the amendments and it was finally further amended to read seven and six years, (Introducer Delegate Heen, second Delegate H. Rice.) respectively, which motion was accepted by the movant and The Chair had previously ruled the amendment out of the question put for adoption and carried. (Roll call) 32 order but upon a motion to reconsider (carried) the second ayes, 29 noes paragraph of Section 3 accepted the following amendment The next motion and second was for the adoption of Sec - to that paragraph. The amendment reads as follows: tion 3 as amended, the motion was put and carried. (Voice vote). Before the motion was put, however, the following The justices of the supreme court shall hold office for further amendments were offered, debated and upon which an initial term of seven years and the judges of the circuit the motion for adoption was lost: courts shall hold office for an initial term of six years. Introducer Delegate Arashiro, second Delegate Nielsen, Upon reappointment the justices of the supreme court lost by voice vote. shall hold office for a term of ten years and the judges of the circuit courts shall hold office for a term of ten Section 3. The chief justice of the supreme court years. shall be elected by secret ballot of the Joint Committee of both houses of the Legislature, with equal representa A series of amendments followed each, reducing the term tion from each county. The names to be submitted to the of reappointment to ten and eight years, respectively. The Legislature 30 days prior to the election as provided by motion was put and lost. (Roll call) law. The other justices and judges of the circuit courts Delegate Fukushima’s motion as originally stated was shall be appointed by the chief justice by and with the again put and carried. (Voice vote) advice and consent of the senate. Upon motion, the vote on the entire Section 3 as amended No person shall be eligible to such office who shall was put and carried. (Voice vote) not have been admitted to practice law before the supreme The question was asked does the second paragraph of Sec - court of this state for at least five years tion 3 mean the initial term and each reappointment there The chief justice’s term of office shall be six years after will be for the same tenure of office, that is, seven and and the other justices’ and judges’ terms of office shall six years, respectively. The Chair answered “yes” and asked be eight years. the movant if that was not the intent of the amendment and was informed that it was. (Introduc er Delegate Roberts, second Delegate Phillips, lost by roll call.) SECTION 4. As originally proposed, the fourth section reads as follows: Section 3. The justices of the supreme court and the judges of the several courts of the state shall be appointed Section 4. The justices of the supreme court and the by the governor subject to confirmation by the senate. judges of the circuit courts shall be removed from office The chief justice and associate justices of the supreme on impeachment for, and conviction of, treason, bribery court and the judges of the circuit courts shall each be or other high crimes and misdemeanors. Any judicial appointed from panels of five names submitted to the officer impeached shall not exercise his office until governor by a commission to be created by the legislature acquitted. and to be composed of ji~dges, members of the bar and Recommendation; Reasons or Explanation: Your commit laymen. tee recommends that this section be adopted as amended: 310 JOURNAL DOCUMENTS Section 4. The justices of the supreme court and the thirds majority of the full House, but by two-thirds of judges of the circuit courts shall be subject to removal those present. from office upon the concurrence of two-thirds of the Delegate Heen confirmed and stated further: membership of each House of the Legislature sitting in joint session, for such causes and in such manner as that if this amendment was adopted the proposal may be provided by law. before the Legislative Committee will be amended to conform to what this (Judiciary) C ommittee of the Whole A number of amendments were offered on this section. decides on the matter. The amendments and action on them were as follows: Delegate Porteus in answering the question of Delegate 1. Introduced by Delegate Tavares. Shimamura said: Section 4a. A justice of the supreme court or a judge A two-thirds majority of the senate or house means a of a circuit court shall also be subject to removal from two-thirds majority of a quorum. office for unfitness to continue in office, by resolution adopted by two-thirds of the membership of both houses SECTION 5. As originally proposed, this section reads of the legislature sitting in joint session, upon written as follows: charges made by a commission or agency established by Section 5. Whenever the supreme court shall certify law, alter notice and an opportunity to be heard before a to the governor that it appears any justice of the supreme joint committee of both houses, and an opportunity to court or judge of a circuit court is so incapacitated as address such joint session in his defense. substantially to prevent him from performing his judicial Delegate Ashford offered her amendment (Section 4 as duties, the governor shall appoint a commission of three amended above), which carried. Delegate Tavares first persons to inquire into the circumstances on their re accepted Delegate Ashford’s amendment, later withdrew his commendatton the governor may retire the justice or amendment in favor of hers. judge from office. 2. Introduced by Delegate Richards. Recommendation; Reasons or Explanation: Your Com mittee recommends the adoption of this section as amended: Any justice of the supreme court or any judge of a circuit court held to answer for any high crime or mis Section 5. Whenever a commission or agency, author demeanor may be suspended by the supreme court until ized by law for such purpose, shall certify to the gover he has been acquitted. (No second) nor that it appears any justice of the supreme court or judge of a circuit court is so incapacitated as substantial 3. Introduced by Delegate Doi, seconded by Delegate ly to prevent him from performing his judicial duties, Roberts. (Amendment lost) the governor shall appoint a commission of three persons A justice of the supreme court or a judge of a circuit to inquire into the circumstances and on their recommend court shall also be subject to removal from office for ation the governor may retire the justice or judge from unfitness to continue in office by concurrent resolution office. adopted by two-thirds of the membership of each house of Section 5: It was first voted to delete this section and the Legislature upon written charges made by a judicial then on reconsideration, the section was adopted as amended council alter notice and an opportunity to be heard before for the following reasons: a joint committee of both houses and an opportunity to 1. It was found to perform a useful function. address a joint session of both houses in his defense. 2. It does provide separate machinery for the handling 4. Delegate Richards made his motion (No. 2 above) of judges who are incapacitated and unable to perform ju again as an amendment to Delegate Doi’s amendment (No. 3 dicial functions. above) and, upon being put, lost. 3. That section 4 (as amended) provides for removal by law to be established by the Legislature by that section, 5. Delegate A. Trask offered the following motion: section 5 was intended to serve a different purpose. Any justice of the supreme court or any judge of a SECTION 6. As originally proposed, this section reads circuit court, held to answer for any high crime or mis as follows: demeanor, may be removed or suspended by the supreme court. Section 6. The justices of the supreme court and the judges of the circuit courts shall receive for their servic There was no second. such compensation as may be provided by law which shall Delegate Ashford in speaking on her amendment sai& not be diminished during their continuance in office. The3 The provision (in this section) for impeachment is shall retire upon attaining the age of 70 years. Provision nonessential.. . and that the provisions in the original for pensioning them shall be made by law. section are so strict that it is practically impossible to Recommendation; Reasons or Explanation: Your Commit prove the charges. tee recommends the adoption of this section as amended: Delegate Anthony: The justices of the supreme court and the judges of The present amendment (Ashford’ s) would go far to the circuit courts shall receive for their services such make the impeachment proceedings more workable. compensation as may be provided by law, which shall not be diminished during their respective terms of office, Delegate Shimamura: unless by law applying in equal measure to all officers I understand from the Chairman of the Committee on of the state. They shall retire upon attaining the age of Legislative Powers and Functions that there was or would 70 years. Provision shall be made by law for the inclu be a provision in that section (legislative) concerning im sion of such justices and judges in any retirement law peachment and that it was to be brought by not the two- of the state. COMMITTEE OF THE WHOLE REPORT NO. 8 311 This section was amended in two parts. The first amend given by the chairman of the Judiciary C ommittee was that ments dealing with the first sentence were as follows: it did not prevent such service or services on any such board where no compensation is paid. 1. Introduced by Delegate White, seconded by Delegate The next question was on military service as a Reserve Woolaway: Officer. The chairman of the Judiciary Committee answered section 6. The compensation for the justices of the that in order to keep the civil power supreme no amendment supreme court and the judges of the circuit courts shall to the section should be made to cover military duty as there be established by law and shall not be decreased for the is ample room to make special provisions by resolutions or term for which they shall have been appointed. They regulations. shall retire upon attaining the age of 70 years and shall SECTION 8. As originaily proposed, Section 8 reads as receive pensions as provided by law. follows: 2. Introduced by Delegate Ashford, seconded by H. Rice— Section 8. The chief justice of the supreme court shall insert after the word “diminished” the words “unless by be the administrative head of all the courts of this state. law applying in equal measure to all officers of the state.” With the approval of the supreme court he shall appoint Delegate Ashford said she thought her amendment would an administrative director to serve at his pleasure. apply to Delegate White’s amendment which was an entire new section 6. Your Committee recommends the adoption of this section Delegate White stated he felt there was a difference in as proposed. that “if a man is prevailed upon to take office for eight years Recommendation; Reasons or Explanation: Before this with the understanding that the compensation is going to be section was adopted without amendments Delegate Roberts a certain amount of money as against the person who takes in speaking on the section proposed a section setting up a it at the will of the governor . . . is entitled to such (no re judicial council for the purpose of general supervision of the duction of compensation) protection.” work of the courts. He stated he did not know just where Delegate White withdrew his amendment and Delegate the section should go, but thought the establishment of such Ashford accepted changes in her amendment to make it read a council should be put to the Convention. Delegate H. Rice as finally adopted above. said it should be a new section and, thereupon, Delegate Delegate Ohrt then proposed his motion on which there was Roberts moved and Delegate Castro seconded as Section 11 considerable debate before it was adopted by roil cail vote. the following: Delegate Ohrt: “.. . a special pension would be discrim inatory. . . should contribute towards retirement. . . .“ Section 11. There shall be a judicial council consist Delegates Anthony and Tavares spoke against Delegate ing of the chief justice, who shall be its chairman, and Ohrt’s amendment, pointing out differences of tenure of eight additional members, of whom two shall be judges office of judges—no civil service protection, etc. of courts having appellate jurisdiction who shall be ap Delegate Mizuha asked “How can you bind our Legislature pointed by the chief justice, for terms of four years; two to only one retirement system?” shall be practicing attorneys; and four laymen citizens Delegate Ohrt replied “there is only one now. That other of the state, who shall be appointed by the governor for pension systems are functus officio.” (Having fulfilled the overlapping terms of three years. function.) It shall be the duty of the council, and it shall have the Delegate Mizuha stated “he would like to make it clear in power, in addition to other duties and powers which may the record that it was the intent of this body that in the event be conferred upon it by law, to make a continuous study we become a state of the Union that the years of service of of the administration of justice in this state, and of the judges of the circuit court and the justices of the supreme organization, procedure, practice, rules and methods of court, who are now considered federal employees, shall be administration and operation of each and all of the courts considered by our Legislature as though they were years of the state, to receive and consider, and in Its discretion, of service with the state or with the Territory in the compu investigate criticisms and suggestions pertaining to the tation of their retirement income. administration of justice in the state; to collect and pub Delegate Mizuha then stated he would like to move that lish statistical and other information concerning the work in the passage of the amendment to section 6, that it was the of the courts of the state; and to make or alter the rules intention of this body that in the writing of any retirement relating to pleading, practice, or procedure in all the for the future state of Hawaii that prior service of our circuit courts of the state, including rules prescribing the duties judges and supreme court judges would be considered as of all administrative personnel and agents of the courts. though they were officers of the state of Hawaii. This motion Rules of pleading, practice or procedure shall be ef was put and carried. (Voice vote) fective only when published as provided by law, and the legislature may repeal, alter or supplement any rule by SECTION 7. As originally proposed, section 7 reads as a law limited to that specific purpose. follows: There was considerable debate on the subject, Delegate Section 7. The justices of the supreme court and the Roberts speaking for the section said “that the purpose of judges of the circuit courts shall hold no other office or the amendment (section 11) was to indicate that the council position of profit under this state or the United states. act in an advisory capacity and does not, of itself, promulgate Any justice or judge who shail become a candidate for an rules.” elective office shall thereby forfeit his office. A number spoke against the amendment, stating that the Your Committee recommends the adoption of this section Legislature could provide for such administrative help as as proposed. was needed by the courts. Upon motion, the question was put and lost. Recommendation; Reasons or Explanation: The question was asked “does this mean a justice or judge couldn’t serve SECTION 9. As originally proposed, section 9 reads as on an Advisory Board or a Board of Regents?” The answer follows: 312 JOURNAL DOCUMENTS Section 9. The chief justice of the supreme court nomination to such office shall be sent to the Eenate unifi may assign judges from one circuit court to another for after ten days’ public notice by the governor. No person temporary service. shall be eligible to such office who shall not have been ad mitted to practice law before the supreme court of this State Recommendation; Reasons or Explanation: Your Commit for at least ten years. tee recommends the adoption of this section as proposed. The justices of the supreme court shall hold office for a There was no discussion or debate on this section. term of seven years and the judges of the circuit courts SECTION 10. As originally proposed, Section 10 reads shall hold office for a term of six years. as follows: SECTION 4. The justices of the supreme court and the Section 10. The supreme court shall have power from judges of the circuit courts shall be subject to removal from time to time to promulgate rules and regulations in all office upon the concurrence of t*o-thirds of the member civil and criminal cases in all courts of this state relat ship of each House of the Legislatsre sitting in joint session, ing to process, practice, procedure and appeals which for such causes and in such manner as may be provided by shall have the force and effect of law. law. Recommendation; Reasons or Explanation: Your Commit SECTION 5. Whenever a commission or agency, author tee recommends the adoption of this section as proposed. ized by law for such purpose, shall certify to the governor Delegate Roberts moved to amend this section by inserting that it appears any justice of the supreme court or judge of after the word “appeals” in the last line the words “upon a circuit court is so incapacitated as substantially to pre publication”; seconded by Delegate Yamamoto. vent him from performing his judicial duties, the governor Delegate Anthony speaking on the amendment pointed out shall appoint a commission of three persons to inquire into “That the amendment was entirely unnecessary as no court the circumstances and on their recommendation the gover in the land would presume to promulgate rules without the nor may retire the justice or judge from office. fullest sort of publicity . . . .“ SECTION 6. The justices of the supreme court and the Delegate Roberts stated that if the answer of the Chair judges of the circuit courts shall receive for their services man of the Committee (Delegate Anthony) states that the such compensation as may be provided by law, which shall promulgation shall include publication, he would withdraw not be diminished during their respective terms of office, the motion. Delegate Anthony answered in the affirmative ualess by law applying in equal measure to all officers of and Delegate Roberts withdrew his amendment. the State. They shall retire upon attaining the age of 70 year Conclusion: Attached hereto your Committee submits Provision shall be made by law for the inclusion of such an amended article incorporating all amendments hereinabove. justices and judges in any retirement law of the State. recommended and numbered Committee Proposal No. 7. SECTION 7. The justices of the supreme court and the For the reasons hereinabove set forth, your Committee judges of the circuit courts shall hold no other office or of the Whole recommends: (1) that as so amended said position of profit under this State or the United States. Any Committee Proposal No. 7 pass second reading; (2) that justice or judge who shall become a candidate for an elec Standing Com. Rpt. No. 37 be filed; (3) that Proposal No. 14 tive office shall thereby forfeit his office. contained therein be referred to Committee on Ordinances and Continuity of Law; and (4) that Proposal No. 17 be re SECTION 8. The chief justice of the supreme court ferred to Committee on Bill of Rights.—June 23, 1950 shall be the administrative head of all the courts of this State. With the approval of the supreme court he shall ap Randolph C rossley, Chairman point an administrative director to serve at his pleasure. COMMITTEE PROPOSAL NO. 8, RD 1 SECTION 9. The chief justice of the supreme court may assign judges from one circuit court to another for tempo FOR THE ESTABLISHMENT OF THE JUDICIARY rary service. RESOLVED, that the following be agreed upon as part of SECTION 10. The supreme court shall have power from the State Constitution: time to time to promulgate rules and regulations in all civil ARTICLE and criminal cases in all courts of this state relating to pro cess, practice, procedure and appeals, which shall have the SECTION 1. The judicial power of the state shall be force and effect of law. vested in one supreme court, circuit courts and such inferior courts as the legislature may from time to time ordain and establish. It shall extend to all cases arising under the con COMMITTEE OF THE WHOLE REPORT NO. 9 stitution and laws of the United States or this state. The several courts shall have original and appellate jurisdiction Your Committee of the Whole to which was referred Re as provided by law. ports Nos. 47, 48 and 49 of the Committee on Revision, SECTION 2. The supreme court shall consist of a chief Amendments, Initiative, Referendum and Recall, and C om - justice and four associate justices. When necessary, the mittee Proposal No. 9, accompanying Report No. 48 and an chief justice shall assign a judge or judges of the circuit amendment to Committee Proposal No. 9, accompanying court to serve temporarily on the supreme court. In case Report No. 49, all relating to Revision, Amendments, IniU of a vacancy in the office of chief justice or if he is ill, ative, Referendum and Recall, having fully debated and con absent or otherwise unable to serve, an associate justice sidered said reports, committee proposal and an amend designated in accordance with the rules of the supreme ment thereto, begs leave to report thereon as follows: court shall serve temporarily in his stead. Your Committee held meetings on June 15 and 16, 1950, SECTION 3. The justices of the supreme court and the on said reports, proposal and an amendment thereto. judges of the circuit courts shall be appointed by the gover It should be explained that Committee Proposal No. 9, nor by and with the advice and consent of the senate. No. accompanying Committee Report No. 48, as stated above, COMMITTEE OF THE WHOLE REPORT NO. 9 313 outlines the procedure by which the constitution may be election, by a majority of the total vote tallied upon such amended or revised. As provided by this proposal, the alter question, constituting at least 35 per cent of the total ing process involves two distinct phases. Phase 1 involves number of registered voters; provided, that no constitu the proposition to amend or revise the constitution, and tional provision altering this proviso or the representa phase 2 involves the acceptance or rejection of the proposal. tion from any senatorial district in the Senate shall be In all cases, the right to accept or reject the proposal to come effective, unless it shall also be approved by a alter the constitution is vested in the people, expressing majority of the votes tallied upon the question in each of their choice directly by ballot. The privilege of proposing a majority of the counties. it, however, is given to either of two bodies—the legislature The provisions of this section shall be self-executing, or a constitutional convention. Section 1 of Committee Pro but the legislature shall appropriate money and may enact posal No. 9 so specifies, using the following words: legislation to facilitate its operation. Amendments to or revisions of this constitution may Your Committee recommends that this Section read as be proposed by the legislature, or by Constitutional Con follows: vention. Section 2. Convention. The legislature may submit Committee Report No. 47 is a majority report, recom to the electorate at any general or special election the mending against the inclusion in the constitution of any pro question, “Shall there be a convention to propose a re visions for statutory initiative and referendum, and the re vision of or amendments to the Constitution?” If any call. ten-year period shall elapse during which the question Committee Report No. 49 is a minority report, recom shall not have been submitted, the lieutenant governor mending the adoption of the accompanying amendment, pro shall certify the question to be voted on at the first gener viding for constitutional amendments by popular initiative, al election following the expiration of such period. and statutory initiative and referendum. By agreement, If a majority of the ballots cast upon such question Committee Report No. 48 was placed first on the order for is in the ‘affirmative, delegates shall be chosen at the consideration. next regular election unless the legislature shall provide In Committee Proposal No. 9, Section 1 reads as follows: for election of the delegates at a special election. Section 1. Procedure. Amendments to or revisions Notwithstanding any provision in this constitution to of this constitution may be proposed by the legislature, the contrary other than Section of Article, any or by Constitutional Convention. qualified voter of the district cbiiFerned shall be eligible to membership in the convention. The governor shall Recommendation: Your Committee recommends that fill any vacancy of such membership by appointment of this Section be adopted. a qualified voter from the district concerned. In Committee Proposal No. 9, Section 2 reads as follows: Unless the legislature shall otherwise provide, the Section 2. Convention. The legislature may submit to delegates to such convention shall consist of the same the people at any time the question, “Shall there be a con number, and be elected from the same areas, and the vention to propose a revision of or amendments to the convention shall be called and conducted in the same Constitution?” If any ten-year period shall elapse during manner, as nearly as practicable, as were required for which the question shall not have been submitted, the the Hawaii State Constitutional Convention of 1950. state officer whose duty it is to certify state-wide public The convention shall determine its own organization questions for submission to the people shall certify the and rules of procedure; it shall be the sole judge of the question, to be voted on at the first general election qualifications of its members and, by a two-thirds vote, following the expiration of such period. may suspend or remove any member for cause. If a majority of the ballots cast upon such question is The convention shall provide for the time and manner in the affirmative, delegates shall be chosen at the next in which the proposed constitutional provisions shall be regular election unless the legislature shall provide for submitted to a vote of the electors of the state, but no election of the delegates at a special election. such proposal shall be effective unless approved, (a) at Any qualified voter of the district concerned shall be a general election, by a majority of all of the votes eligible to membership in the convention. The convention tallied upon the question, constituting at least 35 per cent may provide for the filling of any vacancy due to death, of the total vote cast at such election, or (b) at a special resignation, or other cause, not otherwise provided for election, by a majority of the total vote tallied upon such by law. The person selected for such vacant office shall question, constituting at least 35 per cent of the total have the qualifications required for the original incumbent. number of registered voters; provided, that no constitu Unless the legislature shall otherwise provide, the tional provision altering this proviso or the representa delegates to such convention shall consist of the same tion from any senatorial district in the Senate shall be number, and be elected from the same areas, as nearly come effective, unless it shall also be approved by a as practicable, as specified by Act 334 of the Session majority of the votes tallied upon the question in each of Laws of Hawaii 1949. a majority of the counties. The convention shall determine its own organization The provisions of this section shall be self-executing, and rules of procedure; it shall be the sole judge of the but the legislature shall make the necessary appropri qualifications of its members and, by a two-thirds vote, ations and may enact legislation to facilitate its operation. may suspend or remove any member for cause. Recommendations; Reasons or Explanation: Paragraph The convention shall provide for the time and manner 1 of Section 2. Your Committee recommends as follows: in which the proposed constitutional provisions shall be submitted to a vote of the electors of the state, but no a. That the word ‘people” appearing in the first such proposal shall be effective unless approved, (a) at sentence of paragraph 1 of said section 2 be changed to a general election, by a majority of all of the votes “electorate” for the reason that the word “people” is too tallied upon the question, constituting at least 35 per cent general, and the term “electorate” is the exact and more of the total vote cast at such election, or (b) at a special desirable word. 314 JOURNAL DOCUMENTS b. That the word “time,” also appearing in said manner, as nearly as practicable, as were required for sentence, be deleted and in lieu thereof the words “gener the Hawaii State Constitutional Convention of 1950. al or special election” be inserted to refute the objections The amendment incorporates the substance of said de that the submission of the question by the legislature leted paragraph without referring specifically to Act 334 of “at any time” permtts it to call special elections at any the Session Laws of Hawaii 1949. Said amendment was time it desires, which may result in added expense to adopted to meet the objection that the constitution should not the state. refer to any act of the Session Laws of Hawaii. c. That the following, “the state officer whose duty it is to certify state-wide public questions for submission Paragraphs 5 and 6 of Section 2. Your Committee adoptec to the people,” appearing in the second sentence of said these paragraphs as submitted. paragraph 1 of section 2, be deleted and in lieu thereof Paragraph 7 of Section 2. Your Committee recommends the following, “the lieutenant governor,” be inserted for that the single sentence, comprising paragraph 7 of Section the reason that the expression, which is recommended to 2, be amended by deleting the words, “appropriate money,” be deleted, is vague and wordy. and substituting therefor the following words, “make the necessary appropriations.” The amendment relates to form Paragraph 2 of Section 2. Your Committee accepted this of expression only and not substance. paragraph as submitted. Your Committee recommends that this Section, as amend. ed, be adopted. Paragraph 3 of SectIon 2. Your C ommittee recommends In C ommittee Proposal 9, Section 3 reads as follows: as follows: Section 3. Amendments proposed by Legislature. The a. That the first sentence in paragraph 3 of said Sec legislature may propose amendments to the constitution tion 2 be amended by adding in the beginning of the in the following manner: sentence the following: “Notwithstanding any provision a. By adopting the same, in the manner required in this constitution to the contrary other than Section_, Article .“ The first sentence in this paragraph, if for legislation, by a two-thirds vote of each house on not qualliled, was believed to prevent higher court judges final reading, alter either or both houses shall have given the governor at least ten days written notice of from serving in future constitutional conventions since the final form of the proposed amendment; or the judiciary article, approved previously by the Com mittee of the Whole, reads as follows: “The justices of b. By adopting the same, in the manner required the supreme court and the judges of the circuit courts for legislation, with or without such notice to the shall hold no other office or position of profit under this governor, by a majority vote of each house on final state or the United States.” Consequently, it was moved reading, at each of two successive sessions of the that the phrase “Notwithstanding any other provision in legislature. this constitution to the contrary” be added to the sentence. Upon such adoption, the proposed amendments shall Objection was raised that if this were done, persons be entered on the journals, with the ayes and noes, and made ineligible for public employment under H. R. 49 published once in each of four successive weeks, in at and under a provision of Committee Proposal No. 24, least one newspaper of general circulation in each senat which reads: orial district wherein such a newspaper is published, That no person who advocates, or who belongs to within the two months period immediately preceding the next general election for members of the legislature. any party, organization, or association which ad At such general election the proposed amendments vocates the overthrow by force or violence of the shall be submitted to the electors for approval or re government of this State or of the United States shall jection upon a ballot separate from that upon which names be qualified to hold any public office of trust or pro of candidates appear. fit or any public employment under this constitution. The condttions of and requirements for ratification of would thereby be made eligible to serve in the convention. such proposed amendments shall be the same as provid Further qualification was, therefore, deemed necessary, ed for in Section 2 of this article relating to ratification and the words “other than Section of Article_” were at a general election. inserted after the word “contrary.” It is intended that Recommendations: Your Committee recommends that the Style Committee will insert the correct numbers upon this section be adopted. In Committee Proposal No. 9, adoption of Committee Proposal No. 24. Section 4 reads as follows: b. That the second sentence of said paragraph 3 be deleted and in lieu thereof the following sentence, “The Section 4. Veto Inapplicable. No proposal for amend Governor shall fill any vacancy in such membership by ment of the constitution adopted in either manner provid the appointment of a qualified voter of the district con ed by this article shall be subject to veto by the governor cerned,” be inserted so as to follow the pattern established Recommendations; Explanations: Section 4 provides that, by the convention with respect to appointments and to ualike legislative bills, proposals for amending the consti make the procedure more practicable. tution shall not be subject to veto by the governor. The Coni c. That the last sentence in said paragraph 3 be de mittee of the Whole concurred with the Standing Committee leted. on the principle expounded in this section, and further agree with the language used to carry out the principle. Paragraph 4 of Section 2. Your Committee recommends Your Committee recommends that this section be adopted the fourth paragraph of Section 2 be amended to read as follows: Your Committee, having agreed that it would be desir able firstiy to ascertain the sense of the Committee on the Unless the legislature shall otherwise provide, the following questions: delegates to such convention shall consist of the same number, and be elected from the same areas, and the a. whether or not any provision for statutory initiativE convention shall be called and conducted in the same shall be included in the Constitution; COMMITTEE OF THE WHOLE REPORT NO. 10 315 b. whether or not any provision for statutory refer election, by a majority of all of the votes tallied upon the endum shall be included in the Constitution; question, constituting at least 35 per cent of the total vote c. whether or not any provision for constitutional cast at such election, or (b) at a special election, by a amendments by popular initiative shall be included in majority of the total vote tallied upon such question, consti the Constitution, tuting at least 35 per cent of the total number of registered voters; provided, that no constitutional provision altering before considering the proposed amendment attached to this proviso or the representation from any senatorial dis Committee Report No. 49, debated and considered the same. trict in the Senate shall become effective, unless it shall Your Committee, by an overwhelming majority, voted also be approved by a majority of the votes tallied upon the against the inclusion of any provisions for statutory initiative, question in each of a majority of the counties. statutory referendum, and constitutional amendments by The provisions of this section shall be self-executing, popular initiative. Said action was tantamount to, and was but the legislature shall make the necessary appropriations intended as, a rejection of Committee Report No. 49. and may enact legislation to facilitate its operation. Decisions of the Committee of the Whole: For the reasons hereinabove set forth, your Committee recommends: SECTION 3. Amendments proposed by Legislature. The Legislature may propose amendments to the constitution in a. that Standing Com. Rpts. Nos. 47 and 48 be adopted; the following manner: b. that Standing Com. Rpt. No. 49 be rejected and placed on file; a. By adopting the same, in the manner required for c. that Committee Proposal No. 9 be amended in the legislation, by a two-thirds vote of each house on final manner hereinabove proposed; and reading, after either or both houses shall have given the d. that said Committee Proposal No. 9, as amended, governor at least ten days written notice of the final a copy of which is attached hereto, pass Second Reading. form of the proposed amendment; or —June 24, 1950 b. By adopting the same, in the manner required for Tom T. Okino, Chairman legislation, with or without such notice to the governor, by a majority vote of each house on final reading, at each COMMITTEE PROPOSAL NO. 9, RD 1 of two successive sessions of the Legislature. Upon such adoption, the proposed amendments shall be RELATING TO REVISION AND AMENDMENTS entered on the journals, with the ayes and noes, and published RESOLVED, that the following be agreed upon as part of once in each of four successive weeks, in at least one news the State Constitution: paper of general circulation in each senatorial district wherein such a newspaper is published, within the two months ARTICLE. Revision and Amendments period immediately preceding the next general election for SECTION 1. Procedure. Amendments to or revisions of members of the Legislature. this constitution may be proposed by the Legislature, or by At such general election the proposed amendments shall Constitutional C onvention. be submitted to the electors for approval or rejection upon a ballot separate from that upon which the names of candi SECTION 2. Convention. The Legislature may submit to dates appear. the electorate at any general or special election the question, The conditions of and requirements for ratification of “Shall there be a convention to propose a revision of or such proposed amendments shall be the same as provided amendments to the Constitution?” If any ten-year period for in Section 2 of this article relating to ratification at a shall elapse during which the question shall not have been general election. submitted, the lieutenant governor shall certify the question to be voted on at the first general election following the ex SEC TION 4. Veto Inapplicable. No proposal for amend piration of such period. ment of the constitution adopted in either manner provided If a majority of the ballots cast upon such question is in by this article shall be subject to veto by the governor. the affirmative, delegates shall be chosen at the next re gular election unless the Legislature shall provide for elec tion of the delegates at a special election. COMMITTEE OF THE WHOLE REPORT NO. 10 Notwithstanding any provision in this Constitution to the contrary other than Section of Article, any qualified Your C ommittee of the Whole to which was referred voter of the district concerii2 shall be eligible to member Committee Report No. 52 of the Committee on Education ship in the convention. The governor shall fill any vacancy and Committee Proposal No. 11 accompanying said report of such membership by appointment of a qualified voter and entitled “A Proposal Relating to Education,” having from the district concerned. fully debated and considered said report and committee Unless the Legislature shall otherwise provide, the dele proposal, begs leave to report thereon as follows: gates to such convention shall consist of the same number, Meetings of your Committee were held on said report and be elected from the same areas, and the convention shall and proposal from 1:42 p.m., until 3:16 p.m., on Friday, be called and conducted in the same manner, as nearly as June 16; from 8:48 a.m., until 12:24 p.m., on Saturday, practicable, as were required for the Hawaii State Constitu June 17; and from 8:39 a.m., until 10:50 a.m. on Monday, tional Convention of 1950. June 19. The convention shall determine its own organization and Your Committee considered the five sections of Commit rules of procedure; it shall be the sole judge of the qualifi tee Proposal No. 11 section by section, and adopted the cations of its members and, by a two-thirds vote, may sus amendments hereinafter set forth. pend or remove any member for cause. Section 1 as originally proposed reads as follows: The convention shall provide for the time and manner in which the proposed constitutional provisions shall be sub Public Education. The State shall provide for the mitted to a vote of the electors of the state, but no such pro establishment, support and control of a state-wide posal shall be effective unless approved, (a) at a general system of free non-sectarian public schools, a state 316 JOURNAL DOCUMENTS university, public libraries, and such other educational Your Commiltee recommends the adoption of Section 2 institutions as may be deemed desirable, including all as amended above. physical facilities therefor. There shall be no segre Section 3 as originally proposed reads as follows: gation in the public educational institutions of this State because of race, color or creed; nor shall public funds Powers of the Board of Education. The board of edu be appropriated for the support or benefit of any sec cation shall be empowered to establish policy and to ex tarian, denominational or private educational institution. ercise full control over the public school system through its executive officer, the superintendent of public instruc This section was amended to read as follows: tion, who shall be appointed by the board, and shall be Public Education. The State shall provide for the ex officio a voting member thereof. establishment, support and control of a state-wide This section was amended to read as follows: system of public schools free from sectarian control, a state university, public libraries, and such other edu Powers of the Board of Education. The board of edu cational institutions as may be deemed desirable, in cation shall have power, in accordance with law, to cluding physical facilities therefor. There~shall be no formulate policy, and to exercise control over the public segregation in the public educational institutions of this school system through its executive officer, the super State because of race, color or creed; nor shall public intendent of public instruction, who shall be appointed by funds be appropriated for the support or benefit of any the board, and shall be ex officio a voting member there sectarian, denominational or private educational insti of. tution. The substitution of “shall have power” for “shall be em “Free non-sectarian” was changed to “free from sec powered” is a matter of uniformity of style. tarian control” to bring the language into line with the re “To formulate policy” was accepted as more exact word quirement of H. R. 49 “That provisions shall be made for ing and preferable to the word “establish.” the establishment and maintenance of a system of public The insertion of the phrase “in accordance with law” in schools, which shall be open to all the children of said to make clear that educational policy adopted by the board State and free from sectarian control.” must not be contrary to law. The question of junior colleges was discussed by your The word “full” in the phrase “to exercise full control” Committee, but no specific provision for such institutions was considered unnecessary and was therefore deleted. was written into the proposal. It was noted that the general The Committee recommends the adoption of Section 3 as language “and such other educational institutions as may amended above. be deemed desirable” would authorize the State to establish Sedtion 4 as originally proposed reads as follows: and support public junior colleges. Board of Regents. There shall be a board, to be known The proposal to make the State responsible for educa as the “Board of Regents of the University of Hawaii,” to tional institutions “including physical facilities therefor” be appointed by the Governor, by and with the consent of is designed to restate the concept of State responsibility the Senate. The President of the University and the for the physical fadilfties, leaving to the Legislature the Superintendent of Public Instruction shall be ex officio power to delegate such part of that responsibility as it voting members of the Board. may deem desirable. It is noted that the standing commit tee report recommends that the facilities and employees This section was amended to read as follows: of the respective counties be utilized for maintenance and Board of Regents. The University of Hawail is hereby repair of the facilities. established as the state university. There shall be a boan The word “all” before “physical facilities” was con to be known as the “Board of Regents of the University sidered to be open to misinterpretation, and, consequentiy, of Hawaii,” at least part of the membership of which shall was eliminated. represent geographic subdivisions of the State, to be ap Your Committee recommends the adoption of Section 1 pointed by the governor, by and with the consent of the as amended above. Senate. The president of the university and the superin Section 2 as originally proposed reads as follows: tendent of public instruction shall be ex officio voting Board of Education. There shall be a board of edu members of the board. cation to be appointed by the governor, by and with the consent of the Senate, from a panel nominated by local The first sentence of the amended paragraph was included school advisory councils to be established by law. to make it clear that the mandate in Section 1 to establish “a state university” refers to the University of Hawaii. This section was amended to read as follows: The amendment provides for part of the Board of Regents Board of Education. There shall be a board of edu to be appointed to represent geographical subdivisions of cation, at least part of the membership of which shall the State, as was provided in Section 2 for the Board of Edu represent geographic subdivisions of the State, to be ap cation. pointed by~ the governor, by and with the consent of the Your Committee of the Whole considered the advisability Senate, from panels nominated by local school advisory of providing that the executive officer of the Board of Agri councils to be established by law. culture be a member, ex officio, of the Board of Regents. It was voted by a majorily of the Committee to include this There was no question of the desirability of representa in the Committee Report as a recommendation to the Legis tion on the Board from all parts of the State; the amend lature, rather than in the amended Committee ProposaL ment makes it mandatory, leaving the detailed provision Your C ommittee recommends the adoption of Section 4 to the Legislature. as amended above. The amendment changes “from a panel” to “from panels” Section 5 as originally proposed reads as follows: to make clear the intention that all local school advisory councils would participate in the nomination of Board Powers of the Board of Regents. The Board of Regents members. shall be empowered to establish policy and to exercise COMMITTEE OF THE WHOLE REPORT NO. 11 317 full control over the University of Hawaii through its ex public educational institutions of this State because of race, ecutive officer, the president of the university, who shall color or creed; nor shall public funds be appropriated for be appointed by the board. The Board of Regents of the the support or benefit of any sectarian, denominational or University of Hawaii shall constitute a body corporate private educational institution. and shall have tile in fee simple to all (af the lands of SECTION 2. Board of Education. There shall be a board the university. of education, at least part of the membership of which shall This section was amended to read as follows: represent geographic subdivisions of the State, tote ap pointed by the governor by and with the consent of the Senate, Powers of the Board of Regents. The board of regents from panels nominated by local school advisory councils to shall have power, in accordance with law, to formulate be established by law. policy, and to exercise control over the University of Hawaii through its executive officer, the president of the SECTION 3. Powers of the Board of Education. The university, who shall be appointed by the board. The board of education shall have power, in accordance with law, University of Hawaii is hereby constituted a body corpo to formulate policy, and to exercise control over the public rate and shall have title to all of the real and personal school system through its executive officer, the Superinten property now or hereafter set aside or conveyed to it dent of Public Instruction, who shall be appointed by the which shall be held in public trust for its purposes and board, and shall be ex officio a voting member thereof. administered in accordance with law. SECTION 4. Board of Regents. The University of Hawaii The amendment uses the phrases “shall have power,” is hereby established as the State University. There shall “in accordance with law,” “to formulate policy,” and ellmi be a board, to be known as the “Board of Regents of the nates the word “full” for the reasons noted under Section 3 University of Hawaii,” at least part of the membership of above. which shall represent geographic subdivisions of the State, The second sentence of Section 5 (the last of the Article to be appointed by the governor, by and with the consent of on Education) was the subject of very careful study, dis the Senate. The President of the University and the Super cussion, and editing. It is designed to put the University intendent of Public Instruction shall be ex officio voting in a position to take advantage of low interest Federal funds members of the board. available to land grant colleges, for the construction of SECTION 5. Powers of the Board of Regents. The Board dormitories, etc., and at the same time provide that “the of Regents shall have power, in accordance with law, to corporate body” shall hold and administer university prop formulate policy, and to exercise control over the University erty in accordance with law and in a manner consistent with of Hawaii through its executive officer, the President of the its responsibility as a public institution. Univeréity, who shall be appointed by the board. The Uni Your Committee recommends the adoption of Section 5 as versity of Hawaii Is hereby constituted a body corporate and amended above. shall have tile to all of the real and personal property now Conclusion: Attached hereto is an amended article on or hereafter set aside or conveyed to it which shall be held Education, numbered Committee Proposal No. 11, and in in public trust for its purposes and administered in accord corporating all amendments adopted by your Committee of ance with law. the Whole. For the reasons set forth above, your C ommittee of the Whole recommends: COMMITTEE OF THE WHOLE REPORT NO. 11 1. That, as amended, Committee Proposal No. 11 pass Your.Commlttee of the Whole to which was referred second reading; Standing Com. Rpts. Nos. 54, 56, 57 and 65 of the Committee 2. That Standing Com. Rpt. No. 52 and the recommend on Miscellaneous Matters and Committee Proposals Nos. ations thereof be adopted, except as, and to the extent that, 13, 15, 16 and 21, respectively, accompanying said reports the same may be inconsistent with the provisions and re relating to miscellaneous matters detaiied below, having commendations of this Committee of the Whole report; and held meetings on June 26 and 27, 1950, and having fully con 3. That appropriate recommendation be made to the sidered said reports and committee proposals, begs leave State Legislature to make statutory provision for the ex to report thereon as follows: ecutive officer of the Board of Agriculture, or similar of Committee Proposal No. 13, providing for a State Flag, ficer, to be a member, ex officio, of the Board of Regents reads as follows: of the University of Hawaii. —June 24, 1950 Section . State Flag. The emblem of the Terri Yasutaka Fukushima, Chairman tory of Ha~Wknown as the Hawaiian Flag, shall be the flag of the State of Hawaii. COMMITTEE PROPOSAL NO. 11, RD 1 A statement entitled “History of the Hawaiian Flag,” by Delegate Larsen is attached hereto and made a part of this RELATING TO EDUCATION. report. RESOLVED, that the following be agreed upon as part Recommendation: Your Committee recommends that of the State Constitution: this proposal be adopted. Committee Proposal No. 15, relating to state boundaries, ARTICLE reads as follows: SEC TION i. Public Education. The State shall provide Section . The islands ftnd territorial waters here for the establishment, support and control of a state-wide tofore conitiEiiisg the Territory of Hawaii shall be known system of public schools free from sectarian control, a as the State of Hawaii. state university, public libraries, and such other education al institutions as may be deemed desirable, including physic Recommendation: Your Committee recommends that this al facilities therefor. There shall be no segregation in the proposal be adopted. 318 JOURNAL DOCUMENTS C ommittee Proposal No. 16 relating to Civil Service, History of the Hawaiian Flag reads as follows: Vancouver gave Kamehameha I the English flag in 1793. Section . The employment of persons in the state In 1808 this was still used as the countries’ flag at the civil serviiTs defined by law, shall be governed by the King’s residence. In 1812, a Russian told the King about the merit principle. war between Great Britain and America and that if he kept Recommendation: Your Committee recommends that flying the English flag it would mean sympathy or alliance this proposal be adopted. with Great Britain. Kamehameha saw the force of this at once and ordered Committee Proposal No. 21, relating to Equal Rights, reads as follows: a change. In 1816 Jarves gave the first detailed description of the flag as being composed of the English union jack with Section._. Whenever in this constitution the term seven alternated red, white and blue stripes, but in 1825 “person,” “persons,” “people,” or any personal pronoun Lord Byron described it as having seven white and red Is used, the same stall be interpreted to include persons stripes with the Union Sack in the corner. (That is almost of both sexes. identical with the East India Flag.) Recommendation: Your Committee recommends that In 1845, Captain Hunt apparently was responsible for this proposal be adopted. developing the present design and he also was apparently Your Committee further recommends the adoption of responsible for changing the seven to eight stripes and Standing Com. Rpts. Nos. 54, 56,57 and 65.—June 28, 1950 arranging them in the order of white, red and blue stripes. Many believe Captain Alexander Adams designed the Alexander H. F. Castro, Chairman flag in 1817, but his personal diary contradicts this common belief. COMMITTEE PROPOSAL NO. 13 This, the present flag, was first displayed on May 25th, 1845 at the opening of the Legislative Council. PROVIDING FOR A STATE FLAG A complete description given at that time corresponds in all details with the flag of today, and which has been RESOLVED, that the following be agreed upon as part adopted as the new State flag. of the State Constitution: Nils P. Larsen ARTICLE Honolulu, T. H., June 28, 1950 SECTION . State Flag. The emblem of the Terri tory of Hawaii, known as the Hawaiian flag, shall be the The foregoing statement, entitled “History of the Hawaii flag of the State of Hawaii. an Flag,” by Delegate Larsen, was ordered attached to C ommittee of the Whole Report No. ii and made a part of COMMITTEE PROPOSAL NO. 15 said report. —June 28, 1950 Alexander H. F. Castro, Chairman RELATING TO STATE BOUNDARIES RESOLVED, that the following be agreed upon as part of the State Constitution: COMMITTEE OF THE WHOLE REPORT NO. 12 ARTICLE Your Committee of the Whole to which was referred SECTION . The islands and territorial waters here Committee Report No. 79 of the Committee on Industry and tofore constifUtEg the Territory of Hawaii shall be known Labor and the Committee Proposal No. 28 accompanying as the State of Hawaii. said report and entitled “A Proposal Relating to Right of Persons to Organize,” having fully debated and considered COMMITTEE PROPOSAL NO. 16 said report and the committee proposal, begs leave to re port thereon as follows: RELATING TO CIVIL SERVICE Your Committee held a meeting on June 23, 1950 on said RESOLVED, that the following be agreed upon as part of report and proposal. It should be explained that said Com the State Constitution: mittee Proposal No. 28 contains a single section comprised of only two sentences. ARTICLE____ In said Committee Proposal No. 28, Section 1 reads as SECTION . The employment of persons in the state follows: civil service7~rdefined by law, shall be governed by the Section 1. Industry and Labor. Persons in private merit prinbiple. employment shall have the right to organize for the pur pose of collective bargaining, as prescribed by law. COMMITTEE PROPOSAL NO. 21 Persons in public employment shall have the right to organize, to present to and make known to the State, or RELATING TO EQUAL RIGHTS any of its political subdivisions or agencies, their griev RESOLVED, that the following be agreed upon as part ances and proposals. of the State Constitution: Your committee recommends said Section 1 be amended ARTICLE to read as follows: SECTION . Whenever in this constitution the term Section i. Industry and Labor. Persons in private “person,” “piThWns,” “people,” or any personal pronoun is employment shall have the right to organize for the pur used, the same shall be interpreted to include persons of pose of collective bargaining. Persons in public em both sexes. ployment shall have the right to organize, to present to COMMITTEE OF THE WHOLE REPORT NO. 13 319 and make known to the State, or any of its political sub COMMITTEE PROPOSAL NO. 28, RD 1 divisions or agencies, their grievances and proposals. Recommendations; Reasons and Explanation: Your Com RELATING TO RIGHT OF PERSONS TO ORGANIZE mittee recommenis that the phrase “as prescribed by law” RESOLVED, that the following be agreed upon as part of appearing at the end of the first sentence be deleted and a the State Constitution: comma appearing after the word “bargaining” be changed to a period. ARTICLE Before the adoption by your committee of the recommend SECTION . Industry and Labor. Persons in private ation, hereinabove stated, the following question was raised employmentiii~Fhave the right to organize for the purpose and discussed: (1) whether the right to organize for the of collective bargaining. Persons in public employment purposes of collective bargaining was intended to be a con shall have the right to organize, to present to and make stitutional right, or (2) whether the right to organize for known to the State, or any of its political subdivisions or the purpose of collective bargaining was intended to be agencies, their grievances and prcposals. purely a statutory right, that is, a right to be established by the action of the legislature. Although there was a lengthy discussion on the question, there was no definite and direct answer. As the debate continued, it appeared to COMMITTEE OF THE WHOLE REPORT NO. 13 be the sense of the committee that the retaining of the phrase “as prescribed by law” might give rise to the contention • Your Committee of the Whole, to which was referred that there was no right to organize for collective bargaining Standing Com. Rpt, No. 53 of the Committee on Miscellaneous unless the legislature should first enaet a statute recogniz - Matters and Committee Proposal No. 12 accompanying the ing this right, and that by deleting the said phrase such same, having held meetings on June 26 and 27, 1950, and right would be recognized as a constitutional right, and that having fully considered said report and proposal, begs leave the rights guaranteed by this article like many other rights to report as follows: are not absolute but are subject to reasonable regulation. As pointed out in the course of the debate, this article in The proposal relates to the seat of government and, as ~the amended form herein recommended for passage by your originally proposed, reads as follows: Committee of the Whole is not intended to, and does not, Section . The seat of government of this state curtail the power of the state legislature to regulate labor shall be lo~t~ at the city of Honolulu on the island of and industrial relations and practices and labor unions in Oahu, unless otherwise provided by law. the field open to it—the power of a state legislature not be coming any less than the powers of Congress over the same Recommendation: Your committee recommends that the subjects in the field open to Congress, except that where proposal be amended to read as follows: these two fields overlap, the power of the state in the field Section . Honolulu, on the island of Oahu, shall of interstate commerce is, of course, subordinate to federal be the capli~ITf the state unless otherwise provided by laws pre-empting the field. Hence, under this article, as law. so proposed to be amended, the power of the state will in dude, among other things, the right to enact regulatory laws The amendment is purely a matter of style, with the word like the National Labor Relations Act with its prohibition “capital” being substituted for the phrase “the seat of govern of the closed shop, or laws making labor unions subject to ment.” state anti-monopoly laws, so long as such laws are not so The phrase, “unless otherwise provided by law,” enables unreasonable as to violate other provisions of the federal or the legislature to move the capital to a temporary location state constitutions and so long as such laws are reasonably in the event of insurrection, invasion, conflagration, epidemic, calculated to remedy evils or abuses or meet needs which or for other emergency conditions resulting from an act of the legislature may reasonably find to exist and to call for God. This phrase also authorizes the legislature to establish remedial legislation in the interest of the public health, methods to be employed in determining the location of the order, safety or welfare, or other laws reasonably calculated capital. The intent is that the capital should not be perma to promote legitimate objectives that may reasonably be said nentiy set in the city of Honolulu by constitutional direction, to be justified by the paramount public interest in the light but to permit its relocation. of the then existing conditions under ordinary principles of That Standing Com. Rpt. No. 53 recommending the adoption constitutional interpretation. of Committee Proposal No. 12 be adopted subject, however, Your committee recommends that Section 1 of this Article, to the amendment made hereto as set forth in this report; as amended, be adopted. and Decision of the Committee of the Whole: For the reference That said Committee of the Whole accordingly recommends hereinabove set forth your committee recommends: that said Committee Proposal No. 12, as amended, pass second reading. —July 6, 1950 a. That Standing Com. Rpt. No. 79 be adopted, with the exception of the recommendation as to the adoption of Pro Alexander H. F. Castro, Chalrman posal 28 as submitted by the Committee on Industry and Labor; COMMITTEE PROPOSAL NO. 12, RD 1 b. That Committee Proposal No. 28 be amended in the manner hereinabove proposed; RELATING TO THE SEAT OF GOVERNMENT c. That said Committee Proposal No. 28, as amended, RESOLVED, that the following be agreed upon as part of a copy of which is attached hereto, pass second reading; the State Constitution: and d. That Standing Com. Rpt. No. 8i from the minority of ARTICLE the committee be placed on file. —June 28, 1950 SECTION . Honolulu, on the island of Oahu, shall Harold W. Rice, Chairman be the capitaY6flhe State unless otherwise provided by law. 320 JOURNAL DOCUMENTS COMMITTEE OF THE WHOLE REPORT NO. 13—RD 2 3. The words “State of Hawaii” appear thereon. Your Committee of the Whole to which was re-referred 4. The date of the year in which Hawaii shall become a Standing Corn. Rpt. No, 53 of the Committee on Miscellaneous state shall appear thereon. Matters and Committee Proposal No. 12 accompanying the 5. The motto of Hawaii, “Ua mau ke ea 0 ka aina i ha same, having held a meeting on July 7, 1950, and having pono,” appear thereon. fully reconsidered said report and proposal, begs leave to 6. The sketch of the revised seal, as attached thereto, report as follows: be followed by the legislature. Resolution No. 29 provides for heraldic symbols and The proposal relates to the Seat of Government and, as reads as follows: originally proposed, read as follows: WHEREAS, each state has a heraldry consisting of Section . The seat of government of this State symbols reflecting its past and present; and shall be lo~it~a at the city of Honolulu on the island of WHEREAS, Hawaii has a very unique code of symbols Oahu, unless otherwise provided by law. from its royal background; now, therefore, Recommendation: Your committee recommends that the BE IT RESOLVED that the Legislature of Hawaii be and proposal be amended to read as follows: it is hereby respectfully requested to enact appropriate Section . The seat of government of this State legislation for the adoption of the following heraldic symbols: shall be lo~t~ at the city of Honolulu on the island of l~ THAT the motto shall be “Ua mau ke ea o ha aina Oahu. i ha polio.” The translation of which is “The life of the Your Committee further recommends: (1) That this land is perpetuated in righteousness;” and committee report be adopted; and (2) that Committee Pro 2. THAT Hawaii’s official song shall be “Hawaii Ponoi’ posal No. 12, as herein above amended, pass second read with the same music as in the past but with words bring ing; (3) that Committee of the Whole Reports Nos. 13 and ing it up to statehood; and including an old Hawaiian 13 RD 1 be placed on file; and that Standing Com. Rpt. No. motto which indicates our present harmonious amalgam 53 be adopted, except as the same may be inconsistent with ation of races: “Maluna a’e o na lahui apau, ke ola ke the provisions and recommendations of this Report. kanaha,” the translation of which is “Above all nations is humanity;” and —July 11, 1950 3. THAT Hawaii’s official flower shall be the iima, Alexander Castro, Chairman the flower of old royalty; and 4. THAT Hawaii’s state colors shall be orange (from COMMITTEE PROPOSAL NO 12 RD 1 [sic] the ilima and suggestive of the soil) and deep blue (our sky and ocean); and RELATING TO THE SEAT OF GOVERNMENT. 5. THAT the official birthstone shall be the olivene. RESOLVED, that the following be agreed upon as part (This dates back to the birth of Hawaii when it crystallized of the State Constitution: out from the hot lava.) ARTICLE Recommendation: Your Committee recommends that the Resolution be amended to include the Hawaiian word “o” in SECTION . The seat of government of this State the sixth line of paragraph “2” after the words “ke ola,” so shall be located at the city of Honolulu on the island of Oahu. that the phrase would read “Maluna a’e o na lahui apau, ke ola o ke kanaka.” This one addition to the Resolution is in the interest of Hawaiian grammar. COMMITTEE OF THE WHOLE REPORT NO. 14 Your Committee is of the belief that the sense of para Your Committee of the Whole, to which was referred graph “2” should be carried out by adding one or more addi Standing Com1 Rpt. No. 55 of the Com. on Misc. Matters tional stanzas to “Hawaii Ponoi” rather than by substituting and Committee Proposal No. 14, as well as Res. No. 29, new stanzas for the traditional ones. accompanying the same, having held a meeting on June 27, Your Committee further recommends the adoption of 1950 and having fully considered said report, proposal and Resolution No. 29, RD 2, as amended, and presents here resolution, begs leave to report as follows: with for introduction a Resolution on the “S,eal of the Terri tory of Hawaii.” —July 6, 1950 Proposal No. 14 provides for a state seal and reads as follows: Alexander H. F. C astro, Chairman Section . State Seal. The seal of the Territory (Sketch of Seal attached) of Hawaii,5ii3dified to bear the legend, ‘The State of Hawaii,’ followed by the year in which Hawaii shall be RESOLUTION come a state, shall be the great seal of this State. The great seal shall be kept by the Governor and used by WHEREAS, each state has a heraldry consisting of him. symbols reflecting its past and present; and WHEREAS, Hawaii has a very unique code of symbols Recommendation: Your Committee recommends that the from its royal background; now, therefore, proposal be filed, and that this Convention pass an appropri~ ate resolution recommending to the state legislature that: BE IT RESOLVED that the Legislature of Hawali be and it is hereby respectfully requested to enact appropriate 1. The seal of the State of Hawaii be modified further legislation for the adoption of the following heraldic symbols: than in the manner proposed by Committee Proposal No. 14. 2. The Coat of Arms appearing in the seal of the Terri 1 THAT the motto shall be “Ua mau ke ea o ha ama tory of Hawaii be retained, but the balance of the design be i ha pono.” The translation of which is “The life of the broughtup to modern style. land is perpetuated in righteousness;” and COMMITTEE OF THE WHOLE REPORT NO. 15 321 2. THAT Hawaii’s official song shall be “Hawaii Ponoi” Definitions: (1) or, gold, yellow; (2) Argent, silver; with the same music as in the past but with words bring-. (3) vert, green; (4) Mullet, 5 pointed star; (5) in fesse, ing it up to statehood; and including an old Hawaiian crossband; (6) dexter, right; (7) proper, natural color; motto which indicates our present harmonious amalgam (8) sinister, left; (9) 23, representing 23 islands of Ha ation of races: “Maluna a’e o na lahui apau, ke ola o ke waiian chain; (10) Motto, The life of the land is preserved kanaka,” the translation of which is “Above all nations is in righteousness; (11) Escroll, on a scroll; (12) Phoenix humanity;” and bird, eponym of Phoenicians, father of Europa, hence source 3. THAT Hawaii’s official flower shall be the iima, of origin of polynesians (i.e. caucasoid origin as caucasoid the flower of old royalty; and as origin of Europeans); (13) Overt, with wings spread; 4. THAT Hawaii’s state colors shall be orange (from (14) Sable, black; (15) Murrey, dark red; (16) 1950, date the ilima and suggestive of the soil) and deep blue (our of entry into union; a,b,c,d,e—represent main food sources sky and ocean); and of modern Hawaii; f,g,h,i,j—represent main food sources of 5. THAT the official birthstone shall be the olivene. ancient Hawaii. (This dates back to the birth of Hawaii when it crystallized out from the hot lava.) RESOLUTION COMMITTEE OF THE WHOLE REPORT NO. 15 BE IT RESOLVED by the Constitutional Convention of Your Committee of the Whole to which was referred Hawaii of 1950 that the first legislature to conveae under Standing Com. Rpt. No. 58 of the Com. on Misc. Matters and the constitution drafted by this conveation is hereby request Committee Proposal No. 17 accompanying the same, having ed and urged to adopt a bill in substantially the following held a meeting on Tune 27, 1950, and having fully considered form, to wit: said report and proposal, begs leave to report as follows: The proposal relates to intergovernmental relations AN ACT TO PROVIDE A GREAT SEAL and, as originally submitted, reads as follows: FOR THE STATE OF HA WAIl Section . The legislature may provide for cooper BE IT ENACTED BY THE LEGISLATURE OF THE STATE ation withifiiUnited States, or other states and territories, OF HAWAII: and its political subdivisions in all matters affecting the public health, safety, and general welfare, and may ap SEC ‘lION 1. The Great Seal of the State of Hawaii shall propriate such sums as may be necessary to finance its be circular in shape, two and three-fourths inches in di fair share of the cost of such activities. ameter, and of the design hereinbelow attached; being more particularly described, with the tinctures as a basis for Recommendation: Your committee recommends that the the coat-of-arms, as follows: proposal be amended to read as follo’ii: - Arms: An heraldic shield which is quarterly; first and Section . The legislature may provide for cooper fourth, stripes of the Hawaiian banner; second and third, ation on thijiit of this State and its political subdivisions on field or (1) a ball argent (2) pierced on staff sable, sur with the United-States, or other states and territories, tout; an escutcheon vert (3) on which a mullet (4) or (1), and their political subdivisions in matters affecting the in fesse (5). public health, safety and general welfare, and may ap Supporters: On the dexter (6) side, Kamehameha I, propriate such sums as may be necessary to finance its statant, attitude as represented by sketch with palm of out fair share of the cost of such activities. stretched hand turned down; left hand holding spear; cloak Your committee believes that the addition of the phrase, and helmet-or (1); figure proper (7). Sinister (8), Goddess - “on the part of this State and its political subdivisions,” of Liberty, wearing a Phrygian cap and with a laurel wreath completes and clarifies the sense of the section. The sub in dexter hand, (6), and holding a sinister (8) hand the Hawaii stitution of the word “their” for “its,” appearing before an banner, partly unfurled. “political subdivisions” is a matter of grammar. Crest: A series of 23 (9) irradiating rays or (1); The word “all,” where it appeared before the word Motto: “Ua mau ha ea o ha aina i ha pono” escroll (11), lettering or (1); “matters,” was considered surplusage. That Standing Corn. Rpt. No. 58 recommending the a Further accessories: Below the shield, the bird Phoenix (12) overt (13), issuant from flames, body sable (14), wings doption of Committee Proposal No. 17 be adopted subject, half or (1), half murrey (15); Circular border, centered however, to the amendment made thereto as set forth in above with STATE OF HAWAII, lettering or (1), centered this report below, lettering or (1) 1950 (16). To either side of numerals, That said Committee of the Whole accordingly recom five blocks, each containing a symbol sable (14) as indicated mends that said Committee Proposal No. 17, as amended, in sketch (a) sugar, (b) pineapple, (c) flowers, (d) coffee pass second reading. —July 3, 1950 and small fruit, (e) cattle, (f) fish, (g) coconut, calabash, Alexander H. F. Castro, Chairman kukui, (h) banana, (i) taro, (j) hala. SEC TION 2. This Act shall take effect upon its approval. COMMITTEE PROPOSAL NO. 17, RD 1 RELATING TO INTERGOVERNMENTAL RELATIONS BE IT FURTHER RESOLVED that certified copies of this RESOLVED, that the following be agreed upon as part Resolution be given for safekeeping to the President and of the State Constitution: Secretary of this Convention, to be transmitted by them to the presiding officers of the respective houses of the first ARTICLE legislature to convene under the constitution of the State of SECTION . The legislature may provide for Hawaii. cooperation 6WIEë part of this State and its political sub- 322 JOURNAL DOCUMENTS divisions with the United States, or other states and terri COMMITTEE OF THE WHOLE REPORT NO. 17 tories, and their political subdivisions in matters affecting the public health, safety and general welfare, and may ap Your C ommittee of the Whole to which was referred propriate such sums as may be necessary to finance its Standing Com. Rpts. Nos. 67, 67a, 67b and 67c, accompanied fair share of the cost of such activities. by Committee Proposal No. 22, has fully debated and con sidered said reports and proposal, reports thereon as follows: COMMITTEE OF THE WHOLE REPORT NO. 16 Your committee held meetings from 8:46 o’clock a.m., Your Committee of the Whole to which was referred to 11:50 a.m., and from 1:30 o’clock p.m., to 4:13 o’clock Standing Com. Rpt. No. 63 of the Com. on Misc. Matters p.m., and again from 7:48 o’clock p.m., to 10:17 o’clock and Committee Proposal No. 19 accompanying the same, p.m., on June 20, 1950. On June 21, i950, your committee having held meetings on June 26 and 27, 1950, at which met from 9:10 o’clock a.m., to 11:50 o’clock a.m., and from said report and proposai were fully considered, begs leave 1:42 o’clock p.m., to 3:46 o’clock p.m., on said report and to report as follows: proposal. Your committee discussed the substance of Proposal No. The proposal relates to an oath of office, and, as 22, section by section and proposed and adopted recommend originaliy submitted, reads as follows: ations as to certain amendments. The action of the commit Section . Oath of Office. All public officers tee with recommendations regarding each section is dis shall, befoililitering upon the duties of their respective cussed and set forth below. offices, take and subscribe to the following oath or SECTION I. As originally proposed by the Standing Com affirmation: “I do solemnly swear (or affirm) that I mittee on Executive Powers and Functions, Section I read will support and defend the constitution of the United as follows: States, and the constitution of the State of Hawaii, and that I will faithfully discharge the duties of the office THE EXECUTIVE of to the best of my ability.” The legislature may pi~~iibe further oaths or affirmations. Section 1. [Establishment of the Executive.] The executive power shall be vested in a Governor. The amendment is underlined. The words “my duties The Governor shall be elected by the legally qualified as” are inserted in lieu of “the duties of the office of” and voters of this State. The person receiving the greatest is purely a matter of style. number of votes shall be the Governor. In case of a tie By motion duly carried, your committee made special vote or a contested election, the selection of Governor note of the fact that the oath of office applies to officers shall be determined in such manner as may be provided as distinguished from employees who are not officers. by law. Such employees are not required to take this oath. The term of office of the Governor shall be four years It is the desire of the committee also to show that it is beginning at noon on the first Monday in December next aware that certain notable exceptions may be made to the following his election and ending at noon on the first requirement of the oath. The example was given of a Monday in December, four years thereafter. person outside of the territory, not a citizen of the United No person shall be eligible to the office of Governor, States, who might be appointed as a Commissioner of unless such person is a qualified voter who shall have Deeds. Such an individual certainly would not be required attained the age of 35 years, and shall have been for 20 to support the constitution of the United States or the con years a citizen of the United States of America and shall stitution of the State of Hawaii because he would then be have been a resident of this State for five years next performing an act of disloyalty to his own country. preceding his election. That Standing Com. Rpt. No. 63 recommending the a The Governor shall not hold any other office or em doption of Committee Proposal No. 19 be adopted subject, ployment, of profit, under this State or the United States however, to the amendment made thereto as set forth in of America during his term of office. this report; and That said Committee of the Whole accordingly recom Recommendations; Reasons or Explanation: Section 1— mends that said Committee Proposal No. 19, as amended, 1st paragraph: Your committee recommends that this para pass second reading. —July 3, 1950 graph be adopted without amendment, reading as follows: Alexander H. F. Castro, Chairman The executive power shall be vested in a Governor. Section 1—2nd paragraph: Your committee recommends COMMITTEE PROPOSAL NO. 19, RD 1 that the second paragraph of Section 1 be amended to read as follows: RELATING TO OATH OF OFFICE The Governor shall be elected by the legally qualified RESOLVED, that the following be agreed upon as part of voters of this State at a general election. The person the State C onstttution: receiving the greatest number of votes shall be the Gover ARTICLE nor. In case of a tie vote, the selection of Governor shall be determined in such mannei~ as may be provided by SECTION . Oath of Office. All public officers shall, law. before entering upon the duties of their respective offices, take and subscribe to the following oath or affirmation: with the understanding that the use of the term “general “I do solemnly swear (or affirm) that I wifi support and de election” precludes the election of the Governor in any fend the constitution of the United States, and the constitu primary, and that the subject of contested elections is tion of the State of Hawaii, and that I will faithfully discharge covered by the article on Suffrage and Elections. my duties as( ) to the best of my ability.” The It was also agreed that provisions for the election of the legislature may prescribe further oaths or affirmations. first Governor, who would probably be elected at a special COMMITTEE OF THE WHOLE REPORT NO. 17 323 election, would be made in the section on Ordinances and elected. When the Lieutenant Governor succeeds to the Continuity of Law; office of Governor for the remainder of the term, the Section 1—3rd paragraph: Your committee recommends Lieutenant Governor shall receive the compensation for the adoption of this paragraph without change, but with the that office. understanding that the four-year term for Governor would Recommendations; Reasons or Explanation: Your com commence following the first general election as distinguish mittee recommends that this section be amended to read as ed from any special election for the first Governor. follows: Section 1—4th paragraph: Your committee recommends The compensation for the Governor and Lieutenant the adoption of the fourth paragraph without change. Governor shall be set by the Legislature, but in no event Section 1—5th paragraph: Your committee likewise re shall be less than $18,000 and $12,000 respectively, per commends adoption of the fifth paragraph without change, annum, and shall not be increased or decreased for the with the understanding that a public office-holder or em term for which they shall have been elected unless by ployee could seek election to the governorship without first law applying in equal measure to all officers of the State. relinquishing his then office or employment, and that his When the Lieutenant Governor succeeds to the office of actual assumption of the governorship after election would Governor for the remainder of the term, the Lieutenant automatically vacate his prior office or employment. Like wise it is understood that the Governor could, without re Governor shall receive the compensation for that office. linquishing the governorship, run for a federal elective The clause, “unless by law applying in equal measure to office, such as United States Senator, and if elected, he all officers of the State” was inserted to permit the salaries would automatically vacate the governorship upon taking of the Governor and Lieutenant Governor to be increased or office as such Senator. Furthermore, your committee decreased, during the terms for which they were elected, understands that if the Governor, during his term, should only by general law which would apply to all salaried officers accept any other federal or state office or employment of of the State generally, and which would provide for uniform profit, such acceptance would also automatically cause him increases or decreases, or increases or decreases based to vacate the governorship. upon reasonable classifications, so as not to constitute a discrimination for or against the Governor or Lieutenant SECTION II. Section 2 as originally proposed, read as Governor as members of the applicable class. Your com follows: mittee had in mind the fact that in the past, such compen Section 2. [Lieutenant Governor .1 There shall be a sation adjustments have not included certain commissioners Lieutenant Governor, who shall have the same qualifica or part time officers or employees of the State who were tions as the Governor. The Lieutenant Governor shall not paid regular salaries or wages, and therefore their ex be elected at the same time, for the same term, and in clusion from such general laws would not render such laws the same manner as the Governor. The Lieutenant Gover invalid as applied to the salaries of the Governor and Lieu nor shall perform such duties as may be prescribed by tenant Governor. law or as may be delegated to him by the Governor. SECTION W. Section 4, in its original form read as Recommendations; Reasons or Explanation: Your com follows: mittee recommends that this section be adopted in the Section 4. [Succession to Governorship.] In case of following form: the failure of the Governor to qualify, or his removal There shall be a Lieutenant Governor who shall have from office, death, resignation, inability to discharge the the same qualifications as the Governor. The Lieutenant powers and duties of the office, or absence from this Governor shall be elected at the same time, for the same State, the powers and duties of the office shall devolve term, and in the same manner as the Governor. The upon the Lieutenant Governor for the remainder of the Lieutenant Governor shall perform such duties as may term or until the disability be removed. In case of his be prescribed by law. impeachment, he shall not exercise his office until acquitted. Your committee understands that the Committee on In case of the failure of the Lieutenant Governor to Ordinances and Continuity of Law will submit a section qualify, or his removal from office, death, resignation, providing that the Lieutenant Governor shall be ex officio, inability to discharge the powers and duties of the office, and act as Secretary of State or such other officer as may or absence from this State, the powers and duties of the be required for certification of the election of the first office shall devolve upon such officers in such order of United States Representatives and Senators of the State under succession and in such manner as may be provided by the terms of the Enabling Act. law. In case of his impeachment, he shall not exercise The words ‘or as may be delegated to him by the Gover his office until acquitted. nor,” were recommended to be deleted with the understand Recommendations; Reasons or Explanation: Your com ing that such deletion would not prevent the Governor from mittee recommends that this section be adopted without delegating routine or ministerial duties and would not pre amendment. vent the legislature from authorizing him to delegate other duties. SECTION V. Section 5, as originally proposed by the Committee, read as follows: SECTION III. Section 3, in its original form read as follows: Section 5. [Executive Powers.] The governor shall be responsible for the proper execution of the laws. Section 3. [Compensation for the Governor and Lieu tenant Governor.] The compensation for the Governor Recommendations, Reasons or Explanation: Your com and Lieutenant Governor shall be set by the Legislature mittee recommends that the word “faithful” be substituted but in no event shall be less than $18,000 and $12,000 for the word “proper,” to make the amended section read: respectively, per annum, and shall not be increased or The Governor shall be responsible for the faithful decreased for the term for which they shall have been execution of the laws. 324 JOURNAL DOCUMENTS SEC TION VI. Section 6, as originally proposed by the SECTION VIII. As originally proposed by the Committee, Committee, read as follows: Section 8 read as follows: Section 6. [Legislative Powers.] The governor shall, Section 8. [Pardons and Reprieyes.] The Governor at the commencement of each session, and may at other may grant reprieves and pardons, after conviction, for times, give to the Legislature information as to the affairs all offenses except treason and cases of impeachment, of this State, and may recommend such measures as the subject to regulation by law as to the manner of applying Governor shall deem expedient. for the same. The Governor shall have the power of veto over bills Recommendations; Reasons or Explanation: approved by the Legislature, as prescribed in Article of this Constitution. — Although it was agreed that the word “pardons” includes partial pardons or commutations, your committee recom Recommendations; Reasons or Explanation: Your com mends the insertion of the word “commutations” in this mittee recommends the deletion of the second paragraph of section so that, as amended, the section will read: this section, with the understanding that the same subject will be covered under the Legislative Article. Section 8. The governor may grant reprieves, com Your committee, therefore, recommends that this section mutations and pardons, after conviction, for all offenses, be amended to read as follows: subject to regulation by law as to the manner of applying for the same. The Governor shall, at the commencement of each session, and may at other times, give to the Legislature Your committee agrees that the pardoning power thus information as to the affairs of this State, and may re granted includes the power to grant pardons and commut commend such measures as the Governor shall deem ex ations for offenses created by ordinances of counties and pedient. other political subdivisions, as well as those created by State laws. SECTION VII. As originally proposed by the Committee, Your committee decided not to eliminate the words “after Section 7 read as follows: conviction,” believing that the pardoning power should not Section 7. [Special Sessions and Extended Sessions.] be exercised except after conviction. The Governor may cai.l special sessions of the Legisla In this connection, your committee does not believe that tare by proclamation and shall state to both houses, when the grant of the pardoning power to the Governor by this organized, the purpose for which they have been convened, section will result in eliminating the power of the legislature, and the Legislature shall transact no legislative business under its general grant of legislative powers, from enacting except that for which they were especially convened, and general laws providing for immunity from prosecution where such other legislative business as the Governor may call persons are compelled to testify under certain circumstances to the attention of the Legislature while in session. such as section 11354 of the Revised Laws of Hawaii 1945, The Governor shall have power to extend any regular or general amnesty statutes, which have generally been con or special session of the Legislature, for such period or sidered as included within legislative powers. periods of time as may be prescribed by law. SECTION IX. Section 9 as originally proposed by the Recommendations; Reasons or Explanation: Your com committee, read as follows: mittee recommends that this section be amended to read Section 9. [Armed Forces.] The Governor shall be as follows: Commander in Chief of the armed forces of this State, The Governor may call special sessions of the Legis and may call out such forces to execute the laws, to lature or the Senate alone by proclamation. suppress actual or prevent threatened insurrection, The Governor shall have power to extend any regular, violence, rebellion, or to repel invasion, and he may, budget or special session of the legislature as provided when the public safety requires, place this State or any in this Constitution. part thereof under martial law and suspend the privilege of the writ of habeas corpus. The amendments to the first paragraph of this section are recommended: (1) to enable the governor to convene the Recommendations; Reasons or Explanation: Your com Senate alone for confirmation of appointments or for removal mittee recommends this section be amended to read: of officers where their consent thereto is required; (2) be The Governor shall be commander in chief of the cause the governor has power, without express authorization, Armed Forces of the State and may call out such forces to state the purposes for which he has called a special ses to execute the laws, to suppress or prevent insurreCtion, sion; and (3) because your committee believes that any pro lawless violence, rebellion or to repel invasion. posed limitations upon legislative powers should be in the article on the legislature. Your committee approved this amendment, insofar as it The amendments to the second paragraph of this section deletes reference to martial law and the suspension of the are recommended: (1) because your committee understands privilege of the writ of habeas corpus, upon the understand that the legislative article will contain a provision authoriz ing that the subject would be adequately provided for in the ing “regular,” “budget” and “special” sessions of the legis Bifi of Rights, by further amendment of the latter if neces lature—it being understood that if “budget” sessions are not sary. approved by the convention in the article on the legislature, SECTION X. Section 10, 1st paragraph, as originally the Style Committee should delete reference to “budget” proposed, read as follows: sessions; and (2) because your committee also understands that the article on the legislature also contains a provision Section 10. [Executive and Administrative Offices authorizing the governor to extend any session for not ex and Departments.] All executive and administrative of ceeding 30 days—it being understood that if such provision fices, departments and instrumentalities of the State is deleted by the convention, then the Style Committee government and their respective functions, powers and should also make the necessary changes to conform. duties shall be allocated by law among and within not COMMITTEE OF THE WHOLE REPORT NO. 17 325 more than 20 principal departments, in such manner as ment provision is not otherwise made by this Constitution to group the same according to major purposes so far as or by law. practicable. Temporary commissions for special pur poses may, however, be established by law and such It was the consensus of the committee that the granting commissions need not be allocated within a principal de of commissions could be provided for by the Legislature. partment. It has been called to the attention to your committee that the members of certain boards, such as library boards and Recommendations; Reasons or Explanation: Section 10, the board of trustees of the Employees’ Retirement System 1st paragraph, is recommended for adoption without amend of the Territory of Hawaii, are not all appointed by the men~t, with the recommendation that the Committee on Ordi Governor, and the question has been raised as to whether, nanc es and Continuity of Law submit to this convention a under the 2nd, 3rd and 4th paragraphs of Section 10, the section allowing four years after the admission of Hawaii to statutes authorizing the selection of some of the members statehood for reorganization of executive departments in of such boards in a manner other than by appointment by accordance with this paragraph, and otherwise providing the Governor with the confirmation of the Senate, would be for the adequate execution of this section. rendered invalid. Your committee believes that since such Section 10, 2nd paragraph, as originally proposed, read boards would not be heads of principal departments of the as follows: State, they would come within the powers of the Legislature, Each principal department shall be under the super under the clear implications of the 4th paragraph, to provide vision of the Governor. The head of each principal de “by law” for the election or appointment of “officers for partment shall be a single executive unless otherwise whose election or appointment provision is not otherwise provided by law. Such single executive shalt be appointed made by this Constitution.” by the Governor, subject to the confirmation of the Senate, Section 10, 5th paragraph, as originally proposed, read and shall serve at the pleasure of the Governor. as follows: Recommendations; Reasons or Explanation: Your com When the Senate is not in session and a vacancy occurs mittee recommencis that this paragraph be amended to read in any office, appointment to which requires the confirm as follows: ation of the Senate, the Governor may fill the office by granting a commission, which shall, unless such appoint Each principal department shall be under the super ment is confirmed, expire at the end of the next session vinion of the Governor. The head of each principal de of the Senate. No person appointed to any office shall be partment shall be a single executive unless otherwise eligible for a recess appointment to such office if the provided in this Constitution or by law. Such single ex appointment shall have failed of confirmation by the ecutive shall be nominated and, by and with the advice and Senate. consent of the Senate, appointed by the Governor and he shall hold his office for a term to expire at the end of the Recommendations; Reasons or Explanation: Your com term for which the Governor was elected. The Governor mittee recommends that this paragraph be adopted. Section 10, 6th paragraph, as originally proposed, read may, by and with the advice and consent of the Senate, as follows: remove such single executive. All officers appointed under the provisions of this Section 10, 3rd paragraph, as originally proposed, read section shall be citizens of this State and shall have re as follows: sided therein for at least three years next preceding Except as otherwise provided in this Constitution, their appointment. whenever a board, commission or other body shall be Recommendations; Reasons or Explanation: Your Com the head of a principal department of the State govern mittee recommends that this paragraph be adopted. ment, the members thereof shall be appointed by the Governor, subject to the confirmation of the Senate. The SEC TION XI. Your committee recommends that the term of office and removal of such members shall be as Article on Executive Powers and Functions (Committee prescribed by law. Such board, commission or other Proposal No. 22) be amended by adding thereto a new sec body may appoint a principal executive officer who may tion, Section 11, to read as follows: be ex officio a voting member of such board, commission The Governor shall appoint an administrative director or other body, when authorized by law, and who may be to serve at his pleasure. removed by a majority vote of the members appointed by the Governor. Conclusion: Attached hereto is an amended Article on Executive Powers and Functions, numbered C ommittee Pro Recommendation; Reasons or Explanation: Your com posal No. 22, and incorporating all amendments recommend mittee recommends that this paragraph be adopted. ed by your Committee of the Whole. Section 10, 4th paragraph, as originally proposed by the For the reasons set forth above, your Committee of the committee, read as follows: Whole recommends: The Governor shall grant commissions to all officers 1. That Committee Proposal No. 22 be amended in the elected or appointed pursuant to this Constitution. He manner hereinabove recommended; shall appoint, subject to the confirmation of the Senate, 2. That, as so amended, Committee Proposal No. 22 all officers for whose election or appointment provision pass Second Reading; is not otherwise made by this Constitution or by law. 3. That Standing Com. Rpt. No. 67 andthe recommenda tions thereof be adopted, except as,and to the extent that, the Recommendation; Reasons or Explanation: Your Com same may be inconsistent with the provisions and recommen mittee recommends deletion of the first sentence of this dations of this Committee of the Whole Report; and your com and the amendment of the paragraph to read as follows: mittee recommends that Standing Com. Rpts. Nos. 67a, 67b The Governor shall appoint, subject to the confirmation and 67c attached thereto be placed on file. —July 5, 1950 of the senate, all officers for whose election or appoint- Edward C. Bryan, Chairman 326 JOURNAL DOCUMENTS COMMITTEE PROPOSAL NO. 22, RD 2 SECTION 7. [Special Sessions and Extended Sessions.] The governor may call special sessions of the legislature, RELATING TO THE EXECUT1VE or the senate alone, by proclamation. The governor shall have power to extend any regular, RESOLVED, that the following be agreed upon as part of budget or special session of the legislature as provided in the State Constitution: this Constitution. ARTICLE. THE EXECUTIVE SECTION 8. [Pardons and Reprieves.] The governor may SECTION 1. [Establishment of the Executive.] The ex grant reprieves, commutations and pardons, after conviction! ecutive power shall be vested in a governor. for all offenses, subject to regulation by law as to the manne: The governor shall be elected by the legally qualified of applying for the same. The legislature may provide by voters of this State at a general election. The person re general law for granting commutations and pardons by the ceiving the greatest number of votes shall be the governor. governor before a conviction and for the granting of re In case of a tie vote, the selection of governor shall be prieves, commutations and pardons for impeachment and determined in such manner as may be provided by law. for the restoration by order of the governor of civil rights The term of office of the governor shall be four years lost by reason of the conviction of offenses by jurisdictions beginning at noon on the first Monday in December next other than by this State. following his election and ending at noon on the first Monday in December, four years thereafter. SECTION 9. [Armed Forces.] The governor shall be com No person shall be eligible to the office of governor, un mander in chief of the armed forces of this State and may less such person is a qualified voter who shall have attained call out such forces to execute the laws, to suppress or pre the age of 35 years, and shall have been for 20 years a citi vent insurrection, lawless violence, rebellion or to repel zen of the United States of America and shall have been a invasion. resident of the State for five years next preceding his elec - SECTION 10. [Executive and Administrative Offices and tion. Departments.] All executive and administrative offices, The governor shall not hold any other office or employ departments and instrumentalities of the State government ment, of profit, under this State or the United States of and their respective functions, powers and duties shall be America during his term of office. allocated by law among and within not more than 20 principa SECTION 2. [Lieutenant Governor.] There shall be a lieu departments, in such manner as to group the same accord tenant governor, who shall have the same qualifications as ing to major purposes so far as practicable. Temporary the governor. The lieutenant governor shall be elected at commissions for special purposes may, however, be estab the same time, for the same term, and in the same manner lished by law and such commissions need not be allocated as the governor. The lieutenant governor shall perform such within a principal department. duties as may be prescribed by law. Each principal department shall be under the supervision of the governor. The head of each principal department SECTION 3. [Compensation for the Governor and Lieute shall be a single executive unless otherwise provided in this nant Governor.] The compensation for the governor and lieu C onstitution or by law.. Such single executive shall be nomi~ tenant governor shall be set by the legislature, but in no event nated and, by and with the advice and consent of the senate, shall be less than $18,000 and $12,000 respectively, per appointed by the governor and he shall hold his office for a annum, and shall not be increased or decreased for the term to expire at the end of the term for which the governor term for which they shall have been elected unless by law was elected. The governor may, by and with the advice and applied in equal measure to all officers of the State. When consent of the senate, remove such single executive. the lieutenant governor succeeds to the office of governor Except as otherwise provided in this Constitution, when for the remainder of the term, the lieutenant governor shall ever a board, commission or other body shall be the head ol receive the compensation for that office. a principal department of the State government, the member SECTION 4. [Succession to Governorship.] In case of the thereof shall be appointed by the governor, subject to the failure of the governor to qualify, or his removal from of confirmation of the senate. The term of office and removal fice, death, resignation, inability to discharge the powers of such members shall be as prescribed by law. Such boarc and duties of the office, or absence from this State, the commission or other body may appoint a principal executivE powers and duties of the office shall devolve upon the lieu officer who may be ex officio a voting member of such boari tenant governor for the remainder of the term or until the commission or other body, when authorized by law, and who disability be removed. In case of his impeachment, he shall may be removed by a majority vote of the members appoint not exercise his office until acquitted. edby the governor. In case of the failure of the lieutenant governor to qualify, The governor shall appoint, subject to the confirmation or his removal from office, death, resignation, inability to of the senate, all officers for whose election or appointment discharge the powers and duties of the office, or absence provision is not otherwise made by this Constitution or by from this State, the powers and duties of the office shall de law. The legislature may provide by law for the suspension volve upon such officers in such order of succession and in or removal for cause, by the governor, of any officer for such manner as may be provided by law. In case of his whose removal the consent of the senate is required by this impeachment, he shall not exercise his office until acquitted. Constitution. When the senate is not in session and a vacancy occurs SECTION 5. [Executive Powers.] The governor shall be in any office, appointment to which requires the confirmatic responsible for the faithful execution of the laws. of the senate, the governor may fill the office by granting a commission, which shall, unless such appointment is con SECTION 6. [Legislative Powers.] The governor shall, at the commencement of each session, and may at other times, firmed, expire at the end of the next session of the senate. give to the legislature information as to the affairs of this No person appointed to any office shall be eligible for a recess appointment to such office if the appointment shall State, and may recommend such measures as the governor have failed of confirmation by the senate. shall deem expedient. COMMITTEE OF THE WHOLE REPORT NO. 18 327 All officers appointed under the provisions of this section fiscal period and the other shall set forth all capital im shall be citizens of this State and shall have resided therein provements expenditures proposed to be undertaken during for at least three years next preceding their appointment. said period. The Governor shall also submit Bills to SECTION 11. [Administrative Director.] The governor authorize such proposed expenditures and for new or ad shall appoint an administrative director to serve at his ditional revenues or for borrowings by which the proposed pleasure. expenditures are to be funded, which Bills shall be intro duced in the legislature as soon as practicable after the opening of each session during which the budget is to be considered. COMMITTEE OF THE WHOLE REPORT NO. 18 Further, your committee recommends that the Section as Your Committee of the Whole to which was referred so amended be adopted. Standing Com. Rpt. No. 51 and Committee Proposal No. 10, 2. In Committee Proposal No. 10, Section 2 reads as accompanying said report, having fully debated and con follows: sidered said report and committee proposal, begs leave to Section 2. Legislative Appropriations Procedure. No report thereon as follows: appropriation bill, other than bills to cover the expenses Your committee held meetings on June 19, 22 and 23, 1950, of the legislature, shall be passed on final reading by on said report and proposal. At the outset the chairman of either House until the General Appropriations Bill shall the Committee on Taxation and Finance reviewed a proposed have been transmttted to the Governor, unless the Gover financial organization for the State which would, upon a nor has recommended the immediate passage of such ap doption by the Legislature, best carry out the committee’s propriation bill, in which case such bill, if enacted, shall recommendations on Finance and Taxation. This proposed continue in force only until the General Appropriations organization is explained in detail in said Report No. 51, Bill shall by its terms become effective. and your committee recommends that the Legislature be Recommendation: Your committee recommends that the urged to give earnest consideration thereto. Section be amended to read: 1. In Committee Proposal No. 10, Section 1 reads as follows: SEC TION 2. Legislative Appropriations Procedure. No appropriation bill, other than bills to cover the ex Section 1. The Budget—Operating and Capital Ex penses of the legislature, shall be passed on final read penditures. Within such period of time prior to the ing by either house until the sill authorizing operating opening of each regular session of the legislature as expenditures for the ensuing fiscal period, to be known may be prescribed by law, the Governor shall submit to as the General Appropriations Bill, shall have been the legislature a budget setting forth a complete plan of transmitted to the Governor, unless the Governor has proposed general fund expenditures and receipts of the recommended the immediate passage of such appropri state for next ensuing fiscal period, together with such ation bill. other information as the legislature may require. For the preparation of the budget the various departments, Further, your committee recommends that the Section offices and agencies shall furnish the Governor such in- as so amended be adopted. In making this recommendation formation, in such form, as he may require. The Budget your committee believes that the Legislature will not be sub shall be compiled in two parts, one of which shall set stantially hampered by the above provisions in acting upon forth all operating expenses for the ensuing fiscal period other appropriation measures, for the prohibition against and shall be referred to as the General Appropriations passing such other measures “on final reading by either Budget. The other part shall set forth all expenditures house” refers to the “final reading” in either house whereby proposed for capital improvements to be undertaken during the bill will become law unless vetoed by the Governor. said period and shall be referred to as the Capital Im Hence, any such other measure may be passed on three provements Budget. A General Appropriations Bill to readings in one house and on two readings in the other prior authorize expenditures proposed under the General Ap to the Governor receiving the General Appropriation Bill, and may even be so passed on third reading in the latter propriations Budget, and Bills to authorize expenditures proposed under the Capital Improvements Budget and house if it has been amended by such latter house, for in for new or additional revenues or for borrowings by which such case the “final reading” would be in the house of the the proposed expenditures are to be funded, shall be sub bill’s origin. mitted by the Governor to the legislature and shall be 3. In Committee Proposal No. 10, Section 3 reads as introduced therein as soon as practicable after the open follows: ing of each session during which the budget is to be con Section 3. Power of Legislature to Amend the Gener sidered. al Appropriations Bill. The legislature may make any Recommendation: Your committee recommends that the amendments in the General Appropriations Bill, provided Section be amended to read: such amendments shall not result in increasing the total amount in the Bill as recommended by the Governor. SECTION 1. The Budget—Operating and Capital Ex penditures. Within such period of time prior to the open Recommendation: Your committee believes that the ing of each regular session of the legislature as may be power of the Legislature to amend the General Appropriations prescribed by law, the Governor shall submit to the leg Bill should not be limited in any manner. Therefore, it re islature a budget setting forth a complete plan of proposed commends that this section be deleted. general fund expenditures and receipts of the State for 4. In Committee Proposal No. 10, Section 4 reads as the next ensuing fiscal period, together with such other follows: information as the legislature may require. The Budget Section 4. Special and Supplementary Appropriations. shall be compiled in two parts, one of which shall set Appropriation bills, other than the General Appropriations forth all operating expenditures proposed for the ensuing Bill, and other than any appropriation bill recommended 328 JOURNAL DOCUMENTS by the Governor which expires when the General Appropri reduction of such expenditures in such manner and under ations Bill becomes effective, shall not appropriate money such conditions as it may prescribe. for more than one object or purpose. Your committee recommends that this section as so Your committee is of the opinion that this subject matter amended be approved, and recommends to the legislature should be dealt with, if at all, in the article on the legisla careful consideration of the suggestion of the Committee on tive department, and so recommends that this section be Taxation and Finance that the budget statute be so worded deleted. as to allow wider discretion to department heads in determi ning details as to expenditures, where reductions in expendi 5. In Committee Proposal No: 10, Section 5 reads as tures authorized by appropriation acts are made for purposei follows: of economy by the budget officer. Section 5. Power of Governor to Alter Appropriations. Your committee believes that this section would prevent The Governor may strike out or reduce items in appropri the legislature from repealing the existing statute providing ation bills passed by the legislature and the procedure in for control of expenditures without enacting a substitute such cases shall be the same as in the case of the disap therefor, although the section does not assume to control proval of an entire bill by the Governor. the details of such legislation. Recommendation: Your committee is of the opinion that 8. In Committee Proposal No. 10, Section 8 reads as this subject should be dealt with by the proposal on legisla follows: tive powers and functions. Accordingly, it recommends that Section 8. Powers of Taxation. The power of taxation this section be deleted. shall never be surrendered, suspended, or contracted 6. In Committee Proposal No. 10, Section 6 reads as away. follows: Recommendation: Your committee recommends that this Section 6. Appropriations for Private Purposes Pro section be approved. hibited. No Tax shall be levied, or appropriation of 9. In Committee Proposal No. 10, Section 9 reads as public money or property be made, nor shall the public follows: credit be given, lent or used, either directly or indirect Section 9. Uniformity of Taxation. The land and other ly, except for a public purpose. No grant shall be made property belonging to citizens of the United States residin which is contrary to or in conflict with Section 5 of without this state shall never be taxed at a higher rate Article_of this Constitution. than the lands and other property belonging to residents In the above blank space will be inserted, by the Commit thereof. tee on Style, the number of the appropriae article on sepa Recommendation: This Section follows in language the ration of religion and State to be adopted in the Bill of Rights requirement contained in H. R. 49 now pending before Con (passed on third reading, since the hearings in your com gress. Your committee recommends that the section be mittee as Article I, Section 3.) approved. This section is perhaps entirely redundant since the due process clause of the Bill of Rights would preclude taxation 10. In Committee Proposal No. 10, Section 10 reads as or appropriation of public money, property or credit except follows: for public purposes, and since the article on the separation Section 10. Debt Limitations. Bonds or other instru of religion and State would preclude the mentioned grants. ments of indebtedness to fund appropriations for any However, your committee felt that the inclusion of this fiscal period in anticipation of the collection of revenues section would have meaning to those not fully versed in for such period or to meet casual deficits or fallures of technical legal terminolo~r. revenue, which debts shall be payable within a period of Recommendation: Your committee recommends that this one year, and bonds or other instruments of indebtedness section be approved. to suppress insurrection, to repel invasion, to defend the State in war, or to meet emergencies caused by disaster 7. In Committee Proposal No. 10, Section 7 reads as or act of God, may be issued under legislative authori follows: zation in excess of the debt limitations hereinafter pro Section 7. Expenditure of Money. Whenever antici vided. pated revenues fail below the revenue estimates upon No bonds or other instruments of public indebtedness which appropriations were based, or whenever the Gover shall be issued except by or on behalf of the State or a nor is authorized by law to effect other economics, the county, and unless authorized by the legislature or the Governor, to the extent proper to effect such economies, county governing body; provided that no county bonds or shall have authority to reduce expenditures of state monies other county instruments of indebtedness shall be deemef below appropriations, and through allotments or other to be authorized until the issue thereof is approved by a wise, to control the rate at which such appropriations are majority of the registered voters whose votes are tallied expended during the fiscal period, provided, that the leg on the subject at an election in the county concerned. islature, by resolution concurred in by a majority of the Fifty million dollars is hereby established as the debt members of each House, may exempt specific appropri limit of the State. Bonds and other instruments of in ations for the legislative department from the exercise debtedness in excess of the debt limit may also be issued of this power by the Governor. provided such excess debt of the State is authorized by a two-thirds vote of all the members of each House of the Recommendation: Your committee was of the opinion legislature, and such excess debt, at the time of authori that the section should be amended to read as follows: zation, would not cause the total of State indebtedness to Section 7. Expenditure of Money. The legislature exceed a sum equal to 15 per cent of the total of assesset shall provide means for the control of the rate of ex values of taxed real property in the State, as determined penditures of appropriated State moneys, and for the by the tax assessment rolls of the State, pursuant to law. COMMITTEE OF THE WHOLE REPORT NO. 18 329 Twenty-five million dollars is hereby established as collection of revenues for such period or to meet casual the aggregate total debt limit of the counties of the State, deficits or failures of revenue, which debts shall bp pay and is hereby allocated as of the date of the admission able within a period of one year, and bonds or other in of the State, among the counties in the ratio which the struments of indebtedness to suppress insurrection, to assessed values of taxed real property in each county for repel invasion, to defend the State in war, or to meet the year In which this Constitution takes effect, as de emergencies caused by disaster or act of God, may be termined by the tax assessment rolls of the State pursuant issued by the State under legislative authorization with to law, bears to the total of assessed values of taxed real out regard to the limits on debt and excess debt herein property in all counties. Each fifth year thereafter, the above provided. said twenty-five million dollars shall be and is hereby A sum equal to ten percent of the total of the assessed similarly reallocated in proportion to the respective values for tax rate purposes of real property in the politi assessed values then prevailing, and each county may cal subdivision as determined by the then last tax assess contract indebtedness in accordance with its new allocation ment rolls pursuant to law, is hereby established as the despite the fact that the same might cause the total in limit of the funded debt of such political subdivision at debtedness to exceed twenty-five million dollars. Bonds any time outstanding and unpaid; provided that the aggre and other instruments of indebtedness in excess of that gate of the debts contracted by or on behalf of any politi herein allocated may be issued by any county when cal subdivision during any fiscal year shall not exceed authorized by a two-thirds vote of the members of the two per cent of the total of such assessed values in said county governing body, provided such excess debt, at the political subdivision. time it was authorized by the governing body would not All bonds or other instruments of indebtedness for a cause the total of indebtedness for the county to exceed term exceeding one year shall be in serial form maturing a sum equal to seven and one-hall per cent of the total in substantially equal annual installments, the first install - of the then assessed values of taxed real property in the ment to mature not later than five years from the date of county, as determined by the tax assessment rolls of the the issue of such series, and the last installment not later State pursuant to law, and provided further that such ex than 35 years from the date of such issue. cess debt is approved by a majority of the registered Interest and principal payments shall be a first charge voters whose votes are tallied on the subject at an elec on the general revenues of the State or political subdivi tion in the county concerned. sion, as the case may be. All bondn or other instruments of indebtedness for a The provisions of this Section shall not be applicable term exceeding one year shall be in serial form maturing to indebtedness incurred under revenue bond statutes by in substantially equal annual installments, the first install a public enterprise of the State or political subdivision, ment to mature not later than five years from the date of or by a public corporation, when the only security for the issue of such series, and the last installment not later such indebtedness is the revenues of such enterprise or than 35 years from the date of such issue. public corporation, or to indebtedness incurred under Interest and principal payments shall be afirst charge special improvement statutes when the only security for on the general revenues of the state or county, as the such indebtedness is the properties benefited or improved case may be. or the assessments thereon. The provisions of this section shall not be applicable Nothing in this Section shall prevent the refunding of to indebtedness incurred for a public enterprise body any indebtedness at any time. when the only security for such indebtedness is the reve nues of such body, or to indebtedness incurred for im Your committee recommends that the section, as so moved provements when the only security for such indebtedness to be amended, be adopted as further amended in the follow is the assessments upon properties benefited or improved. ing respects: (1) By deleting the first three words (“Bonds Nothing in this section shall prevent the refunding of or other”) of the third paragraph, and capitalizing the first any indebtedness at any time. letter of the word “instruments.” (2) By deleting the phrase “or on behalf of” appearing in the fourth paragraph. The Committee on Taxation and Finance moved on the The various paragraphs of this section as so moved to floor to amend the foregoing section to read as follows: be amended by the Committee on Taxation and Finance, and Section 10. Debt Limitations. All bonds and other as so further amended, provide in substance as follows: instruments of indebtedness issued by or on behalf of 1st Paragraph. The legislature must authorize issuance the State or a political subdivision thereof must be of bonds by the State and its political subdivisions, and in authorized by the legislature, provided that bonds and the case of a political subdivision, its governing body must other instruments of indebtedness of a political sub also authorize the issuance. division must also be authorized by its governing body. 2nd Paragraph. The State debt limit is fixed at Sixty million dollars is hereby established as the $60,000,000, but debt in excess of that figure may be in limit of the funded debt of the State at any time outstand curred by the State provided it is authorized by a two-thirds ing and unpaid. Bonds and other instruments of indebted vote of all the members of each house of the legislature ness in excess of this State debt limit may be issued, and provided that the total of State indebtedness would not provided such excess debt of the State is authorized by a then exceed 15 per cent of the then last assessed real proper two-thirds vote of all the members of each house of the ty values used for fixing the real property tax rate (after legislature, and such excess debt, at the time of authori deducting exemptions, and taking into consideration adjust zation, would not cause the total of State indebtedness to ments of assessments under appeal, etc., as might be pro exceed a sum equal to 15 per cent of the total of assessed vided by law.) values for tax rate purposes of real property in the State, 3rd Paragraph. Debt for certain purposes may be in as determined by the then last tax assessment rolls pur curred by the State regardless of debt limits. Thus, the suant to law. State may issue instruments of indebtedness in anticipation Bonds or other instruments of indebtedness to fund ap of revenue collections in any fiscal period, or for the meet propriations for any fiscal period in anticipation of the ing of fiscal deficits, provided the instruments are payable 330 JOURNAL DOCUMENTS within a year. Further the State may issue bonds and other Section 12. Auditor. The legislature shall, by a instruments of indebtedness for certain emergency purposes. majority vote of all the members in joint session, ap Although the political subdivisions might have need for point an auditor who shall hold a certificate as a Certifiec borrowings to fund appropriations for any fiscal period in Public Accountant and who shall serve for a period of anticipation of the collection of revenues or to meet casual eight years and thereafter until a successor shall have deficits or failures of revenue, your committee was of the been appointed. The legislature by two-thirds majority opinion that existing legislation could be continued permitting vote of the members in joint session may remove the them to borrow from the state treasury for these purposes auditor from office at any time for cause. It shall be the and that such borrowings would not be computed under Sec - duty of the auditor to conduct post-audits of all trans tion 10 in determining their debt limits. actions and of all accounts kept by or for all departments The 4th Paragraph sets the debt limit of the political sub offices and agencies of the State and its political sub divisions at ten per cent of the then last assessed real proper divisions, to certify to the accuracy of all financial state ty values used for fixing the real property tax rate (after de ments issued by the respective accounting officers and to duction of exemptions and taking into consideration adjust report his findings, criticisms and recommendations to ments of assessments under appeal, etc., as might be pro the Governor and to the legislature at such time or times vided by law). Although a political subdivision might issue as shall be prescribed by law. He shall also makg such bonds to the full extent of its debt limits, and its assessed additional reports and conduct such other investigation of values might thereafter decline and its debt limit contract, the State, or its political subdivisions, as may be directec all such outstanding bonds would be valid under this section by the legislature. as properly construed. This comment is also applicable to Recommendation: Your committee recommends that in excess debt of the State as authorized in the 2nd paragraph. lieu of the words “all the members,” in the first sentence, An additional limitation is imposed upon political subdivi there be inserted the words “each house.” Further, your sions against contracting funded debts in any one year in ex committee recommends that the clause “who shall hold a cess of two per cent of such assessed value. These limit ceftificate as a Certified Public Accountant and” be deleted. ations would not per se render invalid any laws authorizing In this amended form, your committee recommends that issuance of bonds in excess of the debt limits, and so long the section be approved. as an actual issuance or sale of the bonds in excess of the total or yearly limit was not affected, the bonds would be 13. Committee Proposal No. 10 contained no provision valid. relating to an employees’ retirement system. After con The 5th Paragraph provides for serial bonds maturing in siderable discussion your committee decided to incorporate substantially equal annual installments. This provision the following section into the article on taxation and finance would not prevent such bonds containing a provision permit (its appropriate location to be decided by the Committee on ting their prior “call.” Style): The 6th Paragraph is self-explanatory. Section . Membership in any employees retire The 7th Paragraph provides that the section shall not be ment syst&~ThY the State or any political subdivision applicable to revenue and improvement district bonds or thereof shall be a contractual relationship, the accrued bonds such as those which might be issued by a local rule benefits of which shall not be diminished or impaired. velopment agency under the Urban Redevelopment Act or similar legislation. It should be noted that the above provision would not The 8th Paragraph is self-explanatory and means, among limit the legislature in effecting a reduction in the benefits other things, that a new bond issue to refund principal and of a retirement system provided the reduction did not apply accrued interest on any previously validly issued bonds to benefits already accrued. In other words, the legislature could validly be issued regardless of the funded debt limit could reduce benefits as to (1) new entrants into a retire prescribed elsewhere in the same section. ment system, or (2) as to persons already in the system in It should be noted that the provisions of this section are so far as their future services were concerned. It could only applicable to funded debt, and that there is nothing in not, however, reduce the benefits attributable to past serv the section which will prevent the legislature from requiring, ices. Further, the section would not limit the legislature in addition to the approval of a county’s governing body, for in making general changes in a system, applicable to past issuance of county bonds, the approval of the electors of the members, so long as the changes did not necessarily reduce county under certain specified circumstances. the benefits attributable to past services. 11. In Committee Proposal No. 10, Section 11 reads as Recommendation: Your committee recommends that follows: Committee Proposal No. 10 be amended to include this Section. Section 11. Purchasing Methods. All public purchases 14. Your Committee of the Whole considered the follow made by the government of this State, or any of its sub ing possible Ordinance Regarding Debts: divisions, so far as the legislature shall deem the same practicable, shall be centralized and made under a system of competitive bidding. ORDINANCE REGARDING DEBTS Recommendation: Your committee was advised that the All Acts of the Legislature of the Territory of Hawaii Legislative Holdover Committee is currently considering authorizing the issuance of bonds by the Territory, or the subject of centralized purchasing and proposes to re its several counties, are hereby approved, subject, how commend legislation providing for same. Thus your com ever, to amendment or repeal by the Legislature, and mittee, believing that it is a proper subject for legislative bonds may be issued by the State of Hawaii and its severa, action, recommends that this section be deleted. counties, pursuant to said Acts. Whenever in said Acts the approval of the President of the United States or of 12. In Committee Proposal No. 10, Section 12 reads as the Congress of the United States is required, the approv follows: al of the Governor of the State of Hawaii shall suffice. COMMITTEE OF THE WHOLE REPORT NO. 18 331 Recommendation: Your committee recommends that the SECTION 7. Debt Limitations. All bonds and other Committee on Ordinances and Continuity of Law incorporate instrunientu of indebtedness issued by or on behalf of the the foregoing into the Ordinances. State or a political subdivision thereof must be authorized Based upon all the foregoing, your committee recommends: by the legislature, provided that bonds and other instruments of indebtedness of a political subdivision must also be author a. That Standing Com. Rpt. No. 51 be adopted except as, ized by its governing body. and to the extent that, the same is not inconsistent with the Sixty million dollars is hereby established as the limit recommendations and provisions of this report; of the funded debt of the State at any time outstanding and b. That C omniittee Proposal No. 10 be amended in the unpaid. Bonds and other instruments of indebtedness in ex manner hereinabove proposed; and cess of this State debt limit may be issued, provided such c. That said Committee Proposal No. 10, as per amended excess debt of the State is authorized by a two-thirds vote form attached hereto incorporating the above amendments, of all the members of each house o~f the legislature, and pass Second Reading. —July 6, 1950 such excess debt, at the time of authorization, would not cause the total of State indebtedness to exceed a sum equal COMMITTEE PROPOSAL NO. 10, RD 1 to 15 per cent of the total of assessed values for tax rate purposes of real property in the State, as determined by the RELATING TO FINANCE AND TAXATION then last tax assessment rolls pursuant to law. Instrumentu of indebtedness to fund appropriations for RESOLVED, that the following be agreed upon as part of any fiscal period in anticipation of the collection of revenues the State Constitution: for such period or to meet casual deficitu or failures of ARTICLE revenue, which debtu shall be payable within a period of one year, and bonds or other instruments of indebtedness to SEC TION 1. The Budget. Operating and Capital Expendi suppress insurrection, to repel invasion, to defend the State hires. Within such period of time prior to the opening of in war, or to meet emergencies caused by disaster or act each regular session of the legislature as may be prescribed of God, may be issued by the State under legislative author i by law, the Governor shall submit to the legislature a budget zation without regard to the limits on debt and excess debt setting forth a complete plan of proposed general fund ex hereinabove provided. penditures and receipts of the State for the next ensuing A sum equal to ten per cent of the total of the assessed fiscal period, together with such other information as the values for tax rate purposes of real property in the political legislature may require. The Budget shall be compiled in subdivision as determined by the then last tax assessment two parts, one of which shall set forth all operating expendi rolls pursuant to law, is hereby established as the limit of tures proposed for the ensuing fiscal period and the other the funded debt of such political subdivision at any time shall set forth all capital improvements expenditures pro outstanding and unpaid; provided that the aggregate of the posed to be undertaken during said period. The Governor debts contracted by any political subdivision during any shall also submit Bills to authorize such proposed expendi fiscal year shall not exceed two per cent of the total of such tures and for new or additional revenues or for borrowing assessed values in said political subdivision. by which the proposed expenditures are to be funded, which All bonds or other instrumentu of indebtedness for a B ills shall be introduced in the legislature as soon as practi term exceeding one year shall be in serial form maturing cable after the opening of each session during which the in substantially equal annual installments, the first install budget is to be considered. ment to mature not later than five years from the date of SECTION 2. Legislative Appropriations Procedure. No the issue of such series, and the last installment not later appropriation bill, other than bills to cover the expenses of than 35 years from the date of such issue. the legislature, shall be passed on final reading by either Interest and principal payments shall be a first charge house until the Bill authorizing operating expenditures for on the general revenues of the state or political subdivision, the ensuing fiscal period, to be known as the General Ap as the case may be. propriations Bill, shall have been transmitted to the Gover The provisions of this section shall not be applicable to nor, unless the Governor has recommended the immediate indebtedness incurred under revenue bond statutes by a passage of such appropriation bill. public enterprise of the State or political subdivision, or by a public corporation, when the only security for such SECTION 3. Appropriations for Private Purposes Pro indebtedness is the revenues of such enterprise or publlc hibited. No tax shall be levied, or appropriation of public corporation, or to indebtedness incurred under special im money or property be made, nor shall the public credit be provement statutes when the only security for such indebted given, lent or used, either directly or indirectly, except for ness is the properties benefited or improved or the assess a public purpose. No grant shall be made which is contrary mentu thereon. to or in conflict with Section 5 of Article of this Consti Nothing in this section shall prevent the refunding of any tution. indebtedness at any time. SECTION 4. Expenditure of Money. The legislature SECTION 8. Auditor. The legislature shall, by a majori shall provide means for the control of the rate of expendi ty vote of each house in joint session, appoint an auditor tures of appropriated State moneys, and for the reduction of who shall serve for a period of eight years and thereafter such expenditures in such manner and under such conditions until a successor shall have been appointed. The legislature as it may prescribe. by two-thirds majority vote of the members in joint session SECTION 5. Powers of Taxation. The power of taxation may remove the auditor from office at any time for cause. shall never be surrendered, suspended, or contracted away. It shall be the duty of the auditor to conduct post-audits of all transactions and of all accounts kept by or for all de SECTION 6. Uniformity of Taxation. The land and other partments, offices and agencies of the State and its political property belonging to citizens of the United States residing subdivisions, to certify to the accuracy of all financial state without this State shall never be taxed at a higher rate than ments issued by the respective accounting officers and to the lands and other property belonging to residents thereof. report his findings, criticisms and recommendations to the 332 JOURNAL DOCUMENTS Governor and to the legislature at such time or times as COMMITTEE PROPOSAL NO. 20, RD 1 shall be prescribed by law. He shall also make such ad ditional reports and conduct such other investigation of the RELATING TO THE PREAMBLE State, or its political subdivisions, as may be directed by RESOLVED, that the following be agreed upon as part of the legislature. the State Constitution: SECTION . Membership in any employees’ retire ARTICLE ment systemThflKe State or any political subdivision thereof shall be a contractual relationship, the accrued benefits of SECTION . We, the people of the State of Hawaii, which shall not be diminished or impaired. grateful for Nhlile Guidance, and mindful of our Hawaiian heritage, reaffirm our belief in a government of the people, by the people and for the people, and with an understanding COMMITTEE OF THE WHOLE REPORT NO. 19 heart toward all the peoples of the earth do hereby ordain and establish this Constitution for the State of Hawaii. Your Committee of the Whole to which was referred Standing Com. Rpt. No. 64 of the Com. on Misc. Matters and Committee Proposal No. 20 accompanying the same, having held a meeting on June 27, 1950, and having fully COMMITTEE OF THE WHOLE REPORT NO. 20 considered said report and proposal, begs leave to report Your Committee of the Whole to which was referred as follows: Standing Com. Rpt. No. 62 of the Com. on Misc. Matters The proposal, as submitted, reads as follows: and Committee Proposal No. 18 accompanying the same, Section . We, the people, of the State of Hawaii, having held meetings on June 26 and 27, 1950, and having grateful foTblvine Guidance, and with pride in our fully considered said report and proposal, begs leave to re Hawaiian heritage, reaffirm our belief in a government, port as follows: of, for, and by the people, do hereby ordain and establish The proposal, as submitted, reads as follows: this Constitution for the State of Hawaii. Section . The powers of government shall be dividei Recommendation: Your committee recommends that the into three i~arate and distinct departments, legislative, preamble be amended to read as follows: executive and judicial; and no person or persons belong Section . We, the people of the State of Hawail, ing to or constituting one of these departmentu shall ex grateful foTtivine Guidance, and mindful of our Hawaii ercise any of the powers properly belonging to either of an heritage, reaffirm our belief in a government of the the others except as otherwise expressly directed or people, by the people and for the people, and with an permitted in the Constitution. understanding heart toward all the peoples of the earth Recommendation: Your committee recommends that the do hereby ordain and establish this Constitution for the proposal be filed, on the grounds that it is not necessary to State of Hawaii. have such a statement in the State Constitution, but that the sense of the article should remain implied as it is in the The preamble, as amended, was agreed upon by your com Federal Constitution. The inclusion of the provision of mittee after considerable discussion on a motion to amend separation of departments, it was agreed, might hamper the preamble to read as follows: governmental functions wherever overlapping of departments Section . Preamble. We, the people of Hawaii, might occur. It is generally acknowledged that the three hereby reãiffrm our belief, in a government of the people, branches of government do overlap in their functions, from by the people, and for the people, and do express in the time to time, and such a provision in the Constitution ipight words of Kamehameha First our reverence to God also result in challenges by one department against another that our respect, for the big man, the small man, the aged would result in hindering rather than facilitating the duties man, the women and the children, who may ever walk the of the respective branches. highways, or sleep by the wayside, without molestation. Your committee accordingly recommends that Standing We, therefore with an understanding heart, toward all Com. Rpt. No. 62 and Committee Proposal No. 18 be placed the peoples of this earth, do ordain and establish this ‘on file. —July 5, 1950 constitution. Alexander Castro, Chairman The discussion on this proposed amendment centered around the inclusion in the preamble of specific reference to Kamehameha the Great and a direct quotation from his COMMITTEE OF THE WHOLE REPORT NO. 21 edict now known as the law of the Splintered Paddle (Mama tahoe Kanawai). It was finally agreed that such a reference Your Committee of the Whole to which was referred would not be in keeping with the usual form of preambles of Standing Com. Rpt. No. 74 of the Committee on Local Govern the other states and, for this reason, the proposed amend ment, submitting Committee Proposal No. 26 and recom ment was lost and the committee proposal, as amended, was mending passage of the same on second reading and also ac agreed upon by the committee. companied by Standing Com. Rpts. Nos. 84 and 91, being Your committee further recommends that Standing Com. minority reports of two members of the same committee, Rpt. No. 64 recommending the adoption of Committee Pro including proposals therein, having been fully debated and posal No. 20 be adopted subject, however, to the amendment considered, begs leave to report its findings and recommend made thereto as set forth in this report; and ations as follows: That said Committee of the Whole accordingly recom Meetings of the committee were held on said reports and mends that said Committee Proposal No. 20, as amended, proposals on Friday, 23 June 1950, 3:05 p.m. to 5:00 p.m.; pass Second Reading. —July 5, 1950 Saturday, 24 June 1950, 10:00 a.m. to 11:43 a.m.; Monday, Alexander Castro, Chairman 26 June 1950, 9:10 a.m. to 12:00 a.m.; 1:30 p.m. to 3:45 p.m. COMMITTEE OF THE WHOLE REPORT NO. 21 333 Procedural Approach to Proposal. After considerable employees, or their compensation, powers and duties debate at the outset, concerning the procedural approach to which must be incorporated into such charter; however, an article on local government, your Committee of the Wnole the legislature may require that members of the legisla evolved three suggested patterns for local government: (1) tive body of a city and county be elected from districts Local government under complete legislative control. (2) based upon population. Local government with maximum autonomy and power to SECTION 3. County and Unchartered City. The legis tax. (3) Local government with a greater degree of autono lature shall provide by general law of uniform application my than now exists under the Organic Act, but without taxing for the government of counties, cities, and other local power. governmental units which do not adopt locally framed PATTERN NO. 1. Local Government under C omplete and adopted charters in accordance with the provisions Legislative Control. This suggested pattern was presented contained in Section 2. before the Committee of the Whole under the minority re SECTION 4. City, and City and County Government. port, Standing Com. Rpt. No. 84, reading as follows: Each chartered city or city and county is granted full SECTION 1. The legislature may create counties and power to pass laws and ordinances relating to Its local town and city municipalities within the State and provide affairs; and no law passed by the legislature shall limit for the government thereof, and all officials thereof shall the general grant of authority hereby conferred; but this be appointed or elected, as the case may be, in such grant of authority does not limit the power of the state to manner as shall be provided by the legislature. enact laws of statewide concern which are uniformly ap plicable to all cities, and cities and counties. The follow This provision is essentially the same as that incorporated ing shall be deemed to be part of the powers conferred in Section 56 of the Organic Act of Hawaii. upon cities, and city and counties by this section: Advocates of this Pattern No. 1 on Local Government advanced the following arguments: (1) To adopt and enforce police, sanitary, and other regulations and to furnish all local services deemed 1. Home rule is impracticable without the ability of local necessary for the public peace, health, safety, welfare, units to support themselves. Some of our counties do not and morals. have that ability. (2) To levy, assess and collect taxes, and to borrow 2. In small states such as ours, the legislators are well and issue bonds, within the limits prescribed by goner informed on local affairs. They are in position, therefore, al laws of uniform applications. to legislate on matters and problems which local boards of (3) To make local public improvements and to ac - supervisors have not acted on, or have not been able to quire by condemnation or otherwise, property within solve. its corporate limits necessary for such improvements, 3. Governmental activities, such as civil service, edu and also to acquire an excess over that need for any cation, welfare, liquor control, and housing, which in other such improvements, and to sell or lease such excess states are considered the functions of local governments, property (which) shall first be offered to the original have heretofore been handled largely on a territory-wide owner at the price it was obtained from him, including basis. This practice has been satisfactory. To transfer all capital improvements. these activities to local units is to lose the uniformity and SECTION 5. Transfer of Powers Among Local Units. high standards of governmental operation now existing. 4. Assuming that the convention will approve a ‘balanced” Provisions shall be made for the voluntary transfer of functions or powers between local governmental units by legislature—i.e., an urban-controlled house and rural-con trolled senate—the fear that the legislature will be partial general law of uniform application. to one county is unfounded. SECTION 6. Debt Limitation. Provision shall be made by general law of uniform application to limit indebted PATTERN NO. 2. Local Government with Maximum ness of all local governmental units, including chartered Autonomy and Power to Tax. This pattern of local govern units, and all classification therein shall be reasonable ment was presented to the Committee of the Whole under and be based upon assessed valuation, population, or both. minority report, Standing Corn., Rpt. No. 91, reading as follows: SECTION 7. Counties, and Cities and Counties, and other civil divisions shall adopt an annual budget in such SEC TION 1. Organization of Local Government Pro form as the legislature shall prescribe, and the legisla visions for the incorporation of counties, cities, and other ture shall by general law provide for the examination by local units of government, and the alteration of boundaries, qualified auditors of the accounts of all such civil divisions consolidation of neighboring local governmental units, and of public utilities owned or operated by such civil and dissolution of any local governmental unit shall be divisions, and provide for reports from such civil di made by general law of uniform application; but no such visions as to their transactions and financial conditions. law shall be come operative in any local governmental unit until submitted to the qualified voters thereof and The arguments given in support of Pattern No. 2 of local approved by a majority voting thereon. government were as follows: 1. That government is best which is closest to the people. SECTION 2. Home Rule for Local Units. Any city or Local governments are close to the people and, thus, can city and county may adopt or amend a charter for its own more ably meet the needs of the people. Therefore, maxi self-government by submitting such charter or amendment mum autonomy should be given to local units. to its qualified voters at an election to be held as determi 2. Local autonomy is necessary to prevent the obnoxious ned by general law of uniform application. The legisla practice of the legislature in mandating the counties to per ture shall make provisions by general law of uniform form certain specific functions or allocate specific funds. application for the adoption of a charter, but shall not 3. Local autonomy provides a means of getting people to prescribe any requirements concerning the form of understand and to participate in governmental affairs, the government, the manner of the selection of officers and purpose of which is a strengthened democracy. 334 JOURNAL DOCUMENTS PATTERN NO. 3. Local Government with a greater de any previously accrued.claim,” was incorporated into the gree of autonomy than now exists under the Organic Act provision on local government. but without taxing power. This third pattern of local govern The Committee of the Whole then proceeded to delete ment was presented to the Committee of the Whole as Stand Section 2 of Committee Proposal No. 26, which reads as ing Com. Rpt. No. 74 accompanied by Committee Proposal follows: No. 26 and signed by thirteen of the fifteen members of the Each political subdivision so defined shall have power Committee on Local Government. The proposal reads as to provide for the selection of its officials and the form follows: and management of its own affairs, by charter, approved SEC TION 1. The legislature shall define political by a majority of the voters registered therein. Unless subdivisions of the state by general and uniform laws. the governing body of a political subdivision so requests, the legislature shall enact no law affecting the property, SECTION 2. Each political subdivision so defined finances or government of such subdivision which shall shall have power to provide for the selection of its of be special or local in ifs terms or in its effect ficials and the form and management of its own affairs, by charter, approved by a majority of the voters re But, to insure the people greater local government than gistered therein. Unless the governing body of a politi that presently existing, the following amendment was made cal subdivision so requests, the legislature shall enact and carried, reading as follows: no law affecting the property, finances or government of Each political subdivision shall have power to frame such subdivision which shall be special or local in its terms or in its effect and adopt a charter for ifs own sell-government within such limits and under such procedures as may be pre SECTION 3. The taxing power shall be reserved to scribed by law,” was added to the proposal. the state except so much thereof as may be delegated by the legislature to the political subdivisions, and the leg Decision and Recommendation of the Committee of the islature to the political subdivisions, and the legislature Whole: The general intent of Sections 1 and 2 of the Com shall have the power to apportion state revenues among mittee Proposal No. 26 submitted by the Committee on Loca] the several political subdivisions. Government was subscribed to by the Committee of the Whole. The two sections were combined and the language SECTION 4. This article shall not limit the power of changed to make it more practicable. Specifically it was the legislature to enact laws of statewide concern. the consensus of the Committee of the Whole that the word It became quite evident that this third pattern suggested “county” shall not include the so-called County of Kalawao, by the majority of the Committee on Local Government was which is not a political subdivision in the sense designated a determined attempt to reconcile any contradiction between in the recommended proposal of the Committee of the Whole: the ideal of local self-government and its application to the inasmuch as the same is under the jurisdiction and control jurisdiction of Hawaii, with Its unique chain of islands, ge of the board of hospitals and settlement and governed by the ography and an established system of orderly government laws, rules and regulations relating to the board and the car with a history of more than one hundred years. and segregation of lepers. (Sections 151, 2438, 6201, Re The Committee of the Whole appreciated the problem of vised Laws of Hawaii 1945). the Committee on Local Government and as soon as the The substance, as well as language of Sections 3 and 4, problem became plain the debate in support of this third were adopted without change. pattern centered principally on that point of compromise. The Committee of the Whole is now ready to recommend After deliberation and debate for a period extending into to the convention C ommittee Proposal No. 26, as amended, three days, the consensus of the Committee of the Whole which now reads as follows: became apparent. Pattern No. 1 on local government was SEC TION 1. The legislature shall create counties, viewed with some appreciation for its historical value, but and may create other political subdivisions within the it was discarded as failing to insure any real degree of State and provide for the government thereof. Each autonomy to local political subdivisions, or to protect them political subdivision shall have power to frame and a from legislative abuses in the form of mandates. dopt a charter for its own self-government within such Pattern No. 2 on local government was considered the llmits and under such procedure as may be prescribed ideal on local autonomy but definitely impractical in the by law. No laws shall be passed mandating any political Hawaiian scene because of geography, history and greater subdivision to pay any previously accrued claim. Politi expense of operation. cal subdivisions shall have and exercise such powers as Pattern No. 3 was viewed as an improvement over shall be conferred under the provisions of general laws. Patterns Nos. 1 and 2, but not entirely satisfactory because Section 2 thereof gave local political subdivisions a greater SECTION 2. The taxing power shall be reserved to degree of autonomy than was deemed compatible with the the State except so much thereof as may be delegated by overall sense of local government consistent with our e the legislature to the political subdivisions, and the leg volving governmental structure, form and practices. islature shall have the power to apportion state revenues With further exchange of opinion on the subject, addition among the several political subdivisions. al delegates supported a position which would leave unchanged SECTION 3. This article shall not limit the power of present relationships between the legislature and local units, the legislature to enact laws of statewide concern. but would make certain provisions to curb some legislative practices found obnoxious by local units. One of these Summary of Decision: In summarizing the debate and practices is compelling county government to pay accrued references hereinabove set forth, your Committee of the claims. This form of legislation it was urged, usurped the Whole recommends: judgment of the courts and interfered unnecessarily with (a) That Standing Com. Rpt. No. 74 of the Committee on local affairs and finances. It was for the purpose of pre Local Government be adopted, with the exception of the re venting such continued practice that the sentence, “No laws commendation as to the adoption of the majority Committee shall be passed mandating any political subdivision to pay Proposal No. 26 as submitted by the said committee; COMMITTEE OF THE WHOLE REPORT NO. 22 335 (b) That the said majority Committee Proposal No. 26 The legislature shall promote the conservation, de be amended in the manner and form hereinabove proposed velopment and utilization of all the natural resources by the Committee of.the Whole; within the state. (c) That said majority Committee Proposal No. 26 as The words, “within the state” were added to indicate this amended by this Committee of the Whole, copy of which is is to be the responsibility of the State of Hawaii. It was not attached hereto, pass Second Reading; meant to limit development of deep sea fishing based in Ha (d) That Standing Com. Rpts. (Nos. 84 and 91) from two waii, and which activities might carry on far beyond the three members of the Committee on Local Government be placed mile ocean limit. After considerable discussion, your com on file. —July 6, 1950 mittee believed it would be clearer to spell it out, there Arthur K. Trask, Chairman fore, the section as originally worded by the Committee on Agriculture was adopted. COMMITTEE PROPOSAL NO. 26, RD 1 Section 2 (Part 1), as originally proposed read as follows: SECTION 2. The legislature shall commit to one or RELATING TO LOCAL GOVERNMENT more executive boards or commissions full powers for RESOLVED, that the following be agreed upon as part of the management of all natural resources owned or con the State Constitution: tràlled by the State, and such powers of disposition there of as may be authorized by law. The legislature need ARTICLE____ not commit to such boards or commissions the jurisdiction SEC TION 1. The legislature shall create counties, and over resources set aside for public purposes other than may create other political subdivisions within the State and those of conservation. provide for the government thereof. Each political subdi Resources which by authority of the legislature are vision shall have power to frame and adopt a charter for its owned by or under the control of a political subdivision, own self-government within such limits and under such pro or a department or agency thereof, is not covered by cedure as may be prescribed by law. No laws shall be this section. passed mandating any political subdivision to pay any pre viously accrued claim. Political subdivisions shall have and Considerable objection was raised to this section because exercise such powers as shall be conferred under the pro many members believed it is entirely statutory and that the visions of general laws. method of appointing boards and other types of control, etc., shall be left to the legislature. However, the committee SECTION 2. The taxing power shall be reserved to State felt it is basic to indicate that this important function shall except so much thereof as may be delegated by the legisla not be endangered by leaving the possibility of having it fall ture to the political subdivision, and the legislature shall under too limited control and, therefore, endanger preserva have the power to apportion state revenues among the sever ion of certain natural resources. They pointed out, once al political subdivisions. destroyed, a natural resource might take generations, if SECTION 3. This article shall not limit the power of the ever, to remedy. Hence, the importance of placing fairly legislature to enact laws of statewide concern. rigid restrictions on the administration of these assets. It was suggested that “full” and “all” in the first sentence be deleted since such expression might become restrictive. The second sentence “The legislature need not commit etc.,” COMMITTEE OF THE WHOLE REPORT NO. 22 is deleted as unnecessary, but added the sentence, “provided that land set aside for public use other than that used for Your C ommittee of the Whole to which was referred conservation purposes be not so controlled.” Standing Com. Rpt. No. 78 on Agriculture, Conservation and The second paragraph was changed to read, “Resources Land, accompanied by Proposal No. 27, relating to Agricul owned by or under the control of a political subdivision, or ture and Natural Resources, alter full debate, discussion a department or agency thereof are not covered by this and questioning of the committee members, paragraph by section.” It was thought this expressed more clearly the paragraph and section by section, on June 22nd to June 23rd, intent of this sentence. 1950, begs leave to report thereon. Your committee, therefore, recommended the adoption Your committee discussed certain changes and amend of the section as follows: ments as follows: The legislature shall commit to one or more executive Part 1 boards or commissions powers for the management of natural resources owned or controlled by the State, and SECTION 1. The legislature shall promote the con such powers of disposition thereof as may be authorized servation, development and utilization of agricultural, by law, provided that land set aside for public use other mineral, forest, water, land, fish, game and other natural than for a reserve for conservation purposes, need not be resources. committed to the jurisdiction of such a board or commis There was considerable discussion as to what constitutes sion. natural resources. It was agreed that all things that grew; Resources owned by or under the control of a political vegetable, animal, fish, bird or reptile, as well as all re subdivision or a department or agency thereof are not sources in the earth, such as mineral, precious stones or covered by this section. oil should be recognized as natural, whether they grew or Section 3 (Part 1), as originally proposed read as follows: were found wild or whether they were cultivated. However, this section did not refer to man or his offspring. There SECTION 3. All fisheries in the sea water of the State was considerable discussion that it was unnecessary to spell not included in any fish pond or artificial inclosure shall out all the items, however, an amended section suggested be free to the public, subject to vested rights and the right read: of the State to regulate the same. 336 JOURNAL DOCUMENTS This section was taken almost word for word from the mediately prior to the admission of the State, the title to Organic Act and your committee recommends the adoption such lands or other property is in the Territory of Hawai as written. or a political subdivision thereof, the State and its people do hereby cede to and vest in the United States absolute Section 4 (Part 1), as originally proposed read as follows: title thereto or an interest therein conformable to such SECTION 4. The legislative power of the State shall limitations, as the case maybe, and in so far as, im extend to lands owned by the State and its political sub mediately prior to the admission of the State, the title to divisions, and to lands under the control of the State and such lands or other property is in the United States, the its political subdivisions, except as otherwise provided in State and its people do hereby agree and declare that, if this Constitution, but such legislative power shall be ex such land or other property is not restored to its previou ercised only by general law, except in respect of transfers status by direction of the President of the United States to or for the use of the State or a political subdivision, or within the period provided by the Congress of the United a department or agency of either. States for the continuation in effect of the provisions of section 91 of the Hawaiian Organic Act, as amended, whic This section extended the legislative power of the State in authorize the President to so restore lands set aside for relation to lands, but was not intended to place any hampering the use of the United States, the United States ~may retain restriction except to require a general law for its control absolute title thereto or an interest therein conformable which the committee believed would prevent possible dissi to such limitations, as the case may be. pation through private, or special laws. There were some changes in wording to clarify the meaning. Your committee, at first, believed that it was undesirable Your committee recommends that the section be adopted to attempt to paraphrase H. R. 49 and accordingly recom in the following form: mended that Section 1 be changed from the original Section 1, above, to the following amended form: The legislative power over the lands owned by, or, under the control of the State and its political subdivisions shall The United States shall be vested with or retain title be exercised only by general laws except in respect of to or an interest in or shall hold the property in the Terr: transfers to or for the use of the State, a political sub tory of Hawaii, set aside for the use of the United States division thereof or any department or agency of govern and remaining so set aside immediately prior to the ad ment. mission of the State, in all respects as provided in the Act or Resolution admitting this State to the Union. Section 5 (Part 1), as originally proposed read as follows: This was believed to cover all the provisions required in SECTION 5. The public lands shall be used for the de H. R. 49. However, your Committee of the Whole met Thurs velopment of farm and home ownership on as widespread day, Tuly 6, 1950, to discuss the proposed amendment to be a basis as possible, is accordance with procedures and inserted at the end of Section 1, Part 2. In Committee Pro limitations to be established by law. posal No. 27, Part 2, Section 1, reference is made to “the — This section was debated at great length. It contained act or resolution admitting this State to the Union.” This modified recommendations from Section 73 of the Organic language appears insufficient to refer to H. R. ~ in the Act. It seemed all important to the welfare of the State that proposed amended form set forth in C ommittee Print C, as many people as possible should own their own homesites. since that form of bill is an enabling measure and calls for Certain fears were expressed that too much of the public land a separate measure to admit the State. It was accordingly might be dissipated, others believed the State should get out moved, seconded and carried that the C ommittee of the Whol of the real estate and leasing business as soon as possible reconsider its previous recommendation in this connection. with the hope that that would leave the way open to breaking It was thereupon moved, seconded and carried that the up some of the large estates. It was also suggested it was following amendment be recommended for adoption: not necessary to state “procedure and limitations” but it was At the end of Section 1, Part 2, delete the words “in all indicated as necessary to definitely indicate to the legislature respects as provided in the Act or Resolution admitting this that the mandate contained in the first portion of the sentence State to the Union,” and insert in lieu thereof, the following: did not mean immediate disposition of the resources and it in all respects as and to the extent set forth in the was meant to place definite limitations as a protection to the Act or Resolution providing for the admission of this State and that certain proceeding might become necessary for State to the Union. proper financing. However, after much discussion the section was adopted as originally proposed and the explanation as Discussion of this proposed amendment raised the questic whether this amendment had anything to do with the proposec given in Standing Com. Rpt. No. 78 was accepted by your Com congressional committee amendments set forth in the most mittee as valid. recent committee redraft of H. R. 49, wherein there is in Part 2 cluded a proposed requirement that this convention shall provide in the Constitution “that said State and its people do Part 2 which contained recommendations required by H. agree and declare that they forever disclaim all right and R. ~ is included in order to conform with the Statehood En title to all lands, title to which is held by the United States abling Bill. The section reads as follows: or is subject to disposition by the United States” (H. R. 49, SECTION 1. Any lands or other property in the Terri Committee Print C, page 12, lines 4 to 7). tory of Hawaii, set aside by Act of Congress or by Execu It was the consensus that the amendment was not related tive Order or Proclamation of the President or the Gover to this provision since the section to be amended, (Section nor of Hawaii, pursuant to law, for the use of the United 1, Part 2, of Committee Proposal No. 27) is confined to land States, whether absolutely or subject to limitations, and set aside for the use of the United States such as the Nation remaining so set aside immediately prior to the admission al Park lands, Pearl Harbor, etc. of the State, shall be and become the property of the United Therefore, this provision has only to do with require States, absolutely or subject to such limitations, in the ment “Fourth” of Section 2 of Committee Print C of H. R. manner following, that is to say, that in so far as, im 49, and regarding this there is no controversy. COMMITTEE OF THE WHOLE REPORT NO. 22 337 The proposed amendment to Committee Proposal No. 27 territorial status. The section which was presented in the was recommended for adoption; and your committee there following form by the standing committee was accepted by fore recommends that Section 1, of Part 2 of Committee Pro the Committee of the Whole without change. posal No. 27 be amended to read as follows: Section 4 (Part 2), as originally proposed, was adopted. The United States shall be vested with or retain tile SECTION 4. All vested rights in fisheries in the sea to or an interest in or shall hold the property in the Terri waters not included in any fish pond or artificial in- tory of Hawaii, set aside for the use of the United States closure shall be condemned to the use of the public upon and remaining so set aside immediately prior to the ad payment of just compensation, which compensation when mission of the State, in all respects as and to the extent lawfully ascertained shall be paid out of any money in set forth in the Act or Resolution providing for the ad the treasury of the State of Hawaii not otherwise appropri mission of this State to the Union. ated. There was considerable discussion regarding the new Section 4 (Part 2) was adopted as presented, but it was provisions of H. R. 49, but since this was not related to the recognized that if the Committee on Style believes that Sec above amendment, your committee believed it better to tion 3 of Part 1 could be incorporated into this section, that leave a report on this question to some future discussion on should be done since these two sections dealt with the same that subject. matter. Section 2 (Part 2), as originally proposed read as follows: For the foregoing reasons, your Committee of the Whole recommends: SECTION, 2. The lands for which the State, upon its admission, is to be issued patents, and the income from 1. That Committee Proposal No. 27 be amended in the and proceeds of such lands, shall be held or used for one manner hereinabove recommended; or more of the following purposes as the legislature may 2. That, as so amended, said Committee Proposal No. provide: for the support of the public schools or other 27 pass second reading; and public educational institutions, which schools and other 3. That Standing Com.Rpt.No. 78 and the recommendations educational institutions, so supported in whole or in part, thereof, be adopted, except as, and to the extent that, the same shall forever remain under the exclusive control of the may be inconsistent with. the provisions and recommendations State; for the betterment of the condition of native Hawaii of this Committee of the Whole Report. —July 20, 2950 ans, as defined in the Hawaiian Homes Commission Act, Nils P. Larsen, Chairman 1920, as amended; for the development of farm or home ownership on as widespread a basis as possible; for the COMMITTEE PROPOSAL NO. 27, RD 2* making of public improvements; or for the provision of RELATING TO AGRICULTURE AND NATURAL RESOURCES lands for public use. No part of such proceeds or in- come shall be used for the support of any sectarian school, RESOLVED, that the following be agreed upon as part of college or university. the State Constitution: ARTICLE Section 2 (Part 2), was amended to read as follows: Parti Any trust provisions which Congress shall impose, upon the admission of the State, with respect of the lands SECTION 1. The legislature shall promote the conserv patented to the State by the United States or the proceeds ation, development and utilization of agricultural, mineral, and income thereof, shall be complied with by appropriate forest, water, land, fish, game and other natural resources. legislation. SECTION 2. The legislature shall commit to one or more Although this section seemed to put full trust in the Con executive boards or commissions powers for the manage gress of the United States, this was believed justified since ment of natural resources owned or controlled by the State, in the past Congress has always been very fair in its deal and such powers of disposition thereof as may be authorized ings with the Territory, and the members belleved Congress by law, provided that land set aside for public use other would continue to deal in this way with the State of Hawaii. than for a reserve for conservation purposes, need not be Section 3 (Part 2), was adopted as recommended, and read committed to the jurisdiction of such a board or commission. as follows: Resources owned by or under the control of a political subdivision or a department or agency thereof are not SECTION 3. The lands and other property the final de covered by this section. termination and disposition of which shall not have been made by the Congress of the United States upon the ad SECTION 3. All fisheries in the sea waters of the State mission of the State, shall, pending such final determin not included in any fish pond or artificial inclosure shall be ation and disposition, continue to be administered in ac - free to the public, subject to vested rights and the right of cordance with the laws applicable thereto immediately the State to regulate the same. prior to the admission of the State, except as the Congress SECTION 4. The legislative power over the lands owned may consent to an amendment of said laws, and no pro by, or, under the control of the State and its political sub vision of this Constitution for the discharge of powers or divisions shall be exercised only by general laws except in functions other than in accordance with such laws, shall, respect of transfers to or for the use of the State, a politi without the consent of Congress, apply to the lands or cal subdivision thereof, or any department or agency of property so administered. government. In the process of changing from territorial to statehood SECTION 5. The public lands shall be used for the de status, confusion might occur as to who owns land or other velopment of farm and home ownership on as widespread a property whose final determination has not been decided on basis as possible, in accordance with procedures and limit by Congress. Section 3 of Part 2 states that under such atioñs to be established by law. circumstances, until final determination and disposition is made, such property shall be administered as it was under *RD 1 not reported out of Committee. 338 JOURNAL DOCUMENTS Fart II Your C ommittee voted to reconsider its previous action with relation to Section 8 of Committee Proposal No. 22, SECTION 1. The United States shall be vested with or RD 1, as proposed to be amended in the original Committee retain title to or an interest in or shall hold the property in of the Whole Report No. 17, and thereupon the following the Territory of Hawaii, set aside for the use of the United States and remaining so set aside immediately prior to the amendment was recommended for adoption: admission of the State, in all respects as and to the extent Amend Section S of Committee Proposal No. 22, RD 1, set forth in the Act or Resolution providing for the admission by adding at the end of said section the following sentence: of this State to the Union. The legislature may provide by general law for grant SEC TION 2. Any trust provisions which Congress shall ing pardons by the Governor before conviction, and for impose, upon the admission of the State, with respect of the the granting of reprieves, commutations and pardons lands, patented to the State by the United States or the pro for impeachment, and for the restoration, by order of ceeds and income thereof, shall be complied with by appropri the Governor, of civil rights lost by reason of conviction ate legislation. of offenses by jurisdictions other than this State. SECTION 3. The lands and other property the final de This amendment has the following purposes: termination and disposition of which shall not have been made by the C ongress of the United States upon the admission 1. To make it clear that the legislature, if it deems such action necessary or expedient in its discretion, may by gener of the State, shall, pending such final determination and dis al law give the Governor power to grant pardons in advance position, continue to be administered is accordance with the of conviction, a power which the President of the United laws applicable thereto immediately prior to the admission States and the Governor of Hawaii now have without control of the State, except as the Congress may consent to an amend by the legislative branch. It is felt that in certain instances, ment of said laws, and no provision of this Constitution for such as criminal conspiracies, the legislature might feel it the discharge of powers or functions other than in accordance proper to permit the Governor, under such safeguards as with such laws, shall, without the consent of Congress, apply the legislature might provide, to grant pardons without wail to the lands or property so administered. ing for the person pardoned to be charged or convicted, in SECTION 4. All vested rights in fisheries in the sea order to induce such person to testify against other persons waters not included in any fish pond or artificial inclosure accused of crime. It was pointed out that promises of im shall be condemned to the use of the public upon payment of munity by prosecuting officers, although generally honored just compensation, which compensation when lawfully as in performance, were not legally binding and in some cases c ertained shall be paid out of any money in the treasury of might not be sufficient to induce guilty persons to testify. the State of Hawaii not otherwise appropriated. It was also felt that under some circumstances where a pardon was accepted, such pardon might remove the protec - tion of the privilege against self-incrimination from the person pardoned so as to render him compellable to testify. COMMITTEE OF THE WHOLE REPORT NO. 23 2. To make it clear that the Governor could grant re prieves, commutations and pardons in cases of impeach Your Committee of the Whole to which was referred ment, but only pursuant to general laws authorizing the Standing Com. Rpts. Nos. 67, 67a, 67b and 67c, and Com same and subject to such conditions as might be imposed mittee Proposal No. 22, accompanying the same, having by such laws. This would prevent the Governor from partial filed its report thereon, (Committee of the Whole Report ly thwarting the effect of an impeachment by granting an- No. 17), under date of July 5, 1950, which report was con controlled pardons in cases of impeachment, and yet would sidered and debated in Committee of the Whole on July 5, not permanently prohibit restoration of the civil rights 1950, during the course of which debate certain sections (i.e. the right to hold and enjoy any office of honor, trust of the amended Committee Proposal No. 22 were reconsider or profit under the State) lost upon impeachment. ed, begs leave to make this Supplementary Report covering 3. To permit the Governor to restore civil rights (I.e. additional amendments recommended, which were not the right to vote and hold office) which might be denied under covered by said report of July 5. other provisions of the constitution which deny the right to The question having been raised as to whether the con vote to persons convicted of felony (Article WI, Section 2 tingency of a tie vote of Governor or Lieutenant Governor as passed on third reading). By implication this portion of had been provided for, it was pointed out that Section 173, the amendment would make it clear that where the constitu Revised Laws of Hawaii, 1945, which would undoubtedly be tion thus denies the right to vote to persons convicted of continued in effect by the Constitution, would provide for ‘felony,” the term “felony” includes, not only convictions such contingency until other provisions should be made by under the laws of this State, but also convictions under the the legislature. It was further pointed out that whoever, for laws of any other jurisdiction. As shown in the notes in 86 the purposes of any election, special or general, to be held A.L.R. 297 and 135 A.L.R. 1493, there is a distinct conflict after the adoption of the Constitution, should succeed to the of the decisions as to whether constitutional provisions of duties of the Secretary of the Territory, for the time being, this type apply to convictions in other jurisdictions includ would perform the Secretary’s duties under said Section 173 ing the federal courts, and it is also unsettled (except for to decide a tie. However, it was further decided to leave one decision as indicated in 135 A.L.R. 1493) whether the the matter to the judgment of the Committee on Ordinances pardoning power, without further amplification in the con and Continuity of Law to determine what additional details, stitution, would include the power to restore civil rights if any, should be included in the sections on ordinances to (meaning the right to vote and, therefore, to hold office) in cover situations of this type that might be considered insuf this State, where the person concerned had been convicted ficiently covered by existing laws. The chairman of the by a tribunal of a jurisdiction other than this State. This Committee on Ordinances and Continuity of Law undertook amendment clarifies these questions. the responsibility of making the necessary study and taking Some of the situations which might make it proper for such action as might be necessary. the Governor, under proper legislative safeguards, to grant COMMITTEE OF THE WHOLE REPORT NO. 24 339 orders restoring civil rights (the right to vote and hold of Your C ommtttee recommends that the amendment be fice) were pointed out to your Committee as follows: adopted. (a) A person might be convicted in another jurisdiction Your Committee, therefore, recommends the adoption of of a crime which, although a felony under the laws of said Committee of the Whole Report of July 5, 1950, as that jurisdiction, is not a felony under the laws of this supplemented by this Report, and the passage on second State—for instance, some states make it a felony for one reading of Committee Proposal No. 22, as amended, pur divorced parent, without consent of court, to remove such suant to the recommendations of said Committee of the parent’s own child from the jurisdiction, whereas in this Whole Report of July 5, 1950, and as further amended pur jurisdiction such action is not even a misdemeanor. suant to the recommendations of this Supplementary Report. (b) Persons might be convicted in foreign jurisdictions —July 12, 1950 whose laws and procedures might not be considered as Edward C. Bryan, Chairman constituting due process according to the ideals and standards of this country and under circumstances where it would be impossible to secure a pardon, however meri COMMITTEE OF THE WHOLE REPORT NO. 24 torious. Such persons, while they should be initially Your Committee of the Whole to which was referred barred from voting and holding office in this State as a Standing Com. Rpt. No. 92 of the Committee on Legislative matter of precaution and in fairness to our own citizens Powers and Functions, Commtttee Proposals Nos. 29 and whose conviction of felony under our laws would disquali 30 accompanying said report, Standing Com. Rpts. Nos. 99 fy them to vote and hold office unless pardoned, should and 102 (minority reports) and Misc. Com. Nos. 112, 113 not be permanently incapacitated to vote and hold office and 114, having fully debated and considered the same, re if upon proper screening under procedure prescribed by ports as follows: law, they were found to be of good character. (c) Another example would be the case of a person Your Committee met and debated the reports and Pro who had been convicted of a felony in a jurisdiction which, posals on: June 28, 1950, from 10:04 a.m., until 11:54 a.m., by reason of conquest or otherwise, no longer exists, in and from 1:59 p.m., until 4:12 p.m.; June 29, 1950, from which case it might be impossible to secure a pardon, etc. 9:24 a.m., until 11:46 a.m., and from 1:57 p.m., until 3:49 Your Committee recommends that the amendment be a p.m.; June 30, 1950, from 9:25 a.m., until 12:28 p.m., and dopted. from 2:09 p.m., until 3:49 p.m.; July 1, 1950, from 9:00 a.m., Your C ommittee also voted to reconsider its previous until 11:38 a.m.; July 5, 1950, from 2:21 p.m., until 5:19 p.m.; action with respect to Section 10. Thereupon your Committee July 6, 1950 from 1:52 p.m., until 5:05 p.m.; July 7, 1950, voted to recommend amendment of Section 10 by adding from 9:26 a.m., until 11:50 a.m., and from 1:37 p.m., until thereto at the end thereof the following sentence: until 5:23 p.m.; July 8, 1950, from 9:23 a.m., until 12:57 p.m., and from 2:16 p.m., until 4:57 p.m. The legislature may provide by law for the suspension The Proposal was considered section by section together or removal for cause, by the governor, of any officer for with new sections proposed by way of amendment. The whose removal the consent of the senate is required by action taken is set forth below. The Committee first dealt this constitution. with the sections of the Proposal relating to the composttion The purpose of this amendment is to permit the legisla of the Senate and of the House of Representatives and to re ture, if ft deems such action necessary or expedient, to en apportionment of the House. act laws permitting the Governor to suspend or remove of ficers for whose removal the consent of the senate is re SEC TION 1. Legislative Power. No amendments were quired by the constitution, for such causes, pursuant to such made to this section. procedures, and subject to such restrictions, as the legisla Recommendation: Your Committee recommends that ture might see fit to enact. As the executive article now Section 1 be adopted without amendment, reading as follows: stands (Section 10 of Committee Proposal No. 22), the Gover Section 1. Legislative power. The legislative power nor, with the consent of the senate, may remove any single of the State shall be vested in a legislature, which shall executive head of a principal department. consist of two houses, a senate and a house of representa This means, in effect, that when both the Governor and tives. Such power shall extend to all rightful subjects of the senate concur, such single executive may be removed legislation not inconsistent with this Constitution or the for cause or without cause. The proposed amendment re C onstitution of the United States. quires that the removal or suspension by the Governor to be authorized by law must be “for cause,” which implies that This section is a broad grant of legislative power using there must be some reasonable ground for removal. It is the language of the Organic Act which has been judicially felt by your committee that there may be situations under construed. Other articles in the Coastttution dealing with which the legislature would feel that if an executive officer the exercise of the legislative powers are not intended to be a limitation on the grant of power by implication. for whose removal the consent of the senate is otherwise required by the constitution, commits some act rendering SECTION 2. Senate; Senatorial Districts; Number of him unfit to hold his office or making ft otherwise against Members. As proposed by the Standing Committee, Section the public interest that he continue in office, the legislature 2 established the membership of the Senate at 25 members, should have the power to authorize the Governor to suspend to be elected by the qualified voters of five senatorial dis or remove. This will not derogate from the prerogatives of tricts. C onsiderable debate was had both on the total mem - the senate, whose consent may be required by the constitu bership of the Senate and on the number and location of the tion to removal by the Governor in the absence of such several senatorial districts. Amendments were introduced statute, for, by passing the law authorizing such suspension to fix the membership in the Senate at 15, 16, 19, 20 (with or removal for cause by the Governor, the senate will be the lieutenant governor as the presiding officer), and 21. acting with full knowledge of the situation, and, if such None of these amendments was adopted. power is considered undesirable from the standpoint of the Extended consideration also was directed to the division senate, it can refuse to pass the law. of the island of Oahu into two senatorial districts. One 340 JOURNAL DOCUMENTS amendment would have retained the present line between the presentative districts, one composed of the islands of Mob fourth and the fifth representative districts. A second a kai and Lanai, and the other the islands of Maui and Kahoo mendment would have made the entire island of Oahu one lawe. senatorial district from which all Oahu senators would Your committee gave due and careful consideration to have been elected at large. Neither carried. An amend the delineation of representative districts suggested in ment offered by Delegate Nielsen, and approved by your Misc. Com. Nos. 112, 113 and 114 and recommends that committee, divides the island of Hawaii into two senatorial they be filed. districts, the present first and second representative dis The division of the island of Oahu into representative tricts each constituting a senatorial district, with the num districts as proposed by the standing committee was adopted ber of senators to be elected from each stipulated as five without change. Alternative plans were given consideration from the first and two from the second. No other amend by your Committee, but did not receive the support of a ma ments were approved relating to Section 2. jority of its members. The consolidation of districts twelve Recommendation: Your Committee recommends that and thirteen was propose4 by an amendment offered by Section 2 be amended to read as follows: Delegate Shimamura, but failed to carry. Delegate Roberts offered an amendment which would have districted the is Section 2. Senate; senatorial districts; number of land of Oahu in the maaner delegates to this Convention were members. The senate shall be composed of 25 members, chosen. The amendment failed. who shall be elected by the qualified voters of the re Also failing of passage was an amendment offered by spective senatorial districts. The districts, and the Delegate Lee, the purpose of which was to make more uni number of senators to be elected from each, shall be as form, with respect to the number of registered voters, the follows: representative districts in what is now the fourth representa First senatorial district: that portion of the island of tive district. Hawaii known as Puna, Bib and Hamakua, five; Upon the suggestion of Delegate King, your Committee ha~ Second senatorial district: that portion of the island made a minor change in the name by which the 17th repre of Hawaii known as Kau, Kona and Kohala, two; sentative district will be identified, namely, to change the Third senatorial district: the islands of Maui, Molokai, words “Ama Haina” to “Kuliouou.” Lanai and Kahoolawe, five; An amendment was offered by Delegate King and duly Fourth senatorial district: that portion of the island carried to include within the 17th representative district of Oahu lying east and south of Nuuanu Street and the all islands not included in any other representative district, Pali Road and the upper ridge of the Koolau range from in order to place such outlying islands in a definite district. the Nuuanu Pali to Makapuu Point, five; Recommendation: Your committee recommends that Fifth senatorial district: that portion of the island of Section 3 be amended to read as follows: Oahu lying west and north of the fourth senatorial district, five; and Sixth senatorial district: the islands of Kauai and Section 3. House of representatives; representative Nilhau, three. districts; number of members; apportionment. The house of representatives shall be composed of 51 mem SEC TION 3. House of Representatives; Representative bers, who shall be elected by the qualified voters of the Districts, Number of Members; Apportionment. The first respective representative districts. The representative paragraph of this section, which establishes the membership districts, and, until the next decennial reapportionment, of the House of Representatives at a total of 51, provides the number of representatives to be elected from each, that the members be elected by the qualified voters of the shall be as follows: respective representative districts and declares that the districts and the number of members be elected from each, First representative district: that portion of the is as set out in the remainder of the section, shall be effective land of Hawaii known as Puna, one representative; until the next reapportionment, was adopted as that para Second representative district: that portion of the is graph was originally proposed by the Standing Committee. land of Hawaii known as South Hilo, four representatives; An amendment offered by Delegate Heen, to reduce the total Third representative district: that portion of the is - membership to 41, was most vigorously debated, but failed land of Hawaii known as North Bib and Hamakna, one to receive the approval of a majority of the members of representative; your committee. Fourth representative district: that portion of the is As originally proposed, the second paragraph of Section land of Hawaii known as Kau and South Kona and that 3 placed that area of the island of Hawaii known as Keaukaha portion of North Kona known as Keauhou, the latter being in the first representative district. By an amendment of more particularly described in the schedule, one repre fered by Delegate Sakakihara, and approved by your Com sentative; mittee, that area was deleted from the first district and in Fifth representative district: that portion of the is- cluded within the second representative district, described land of Hawaii known as Kohala and that portion of North in the third paragraph of the section. By an amendment Kona not included in the fourth representative district, offered by Delegate Silva, and approved by your Committee, one representative; paragraph five, originally proposed to include all of what is Sixth representative district: the islands of Molokai now the second representative district, was changed to con and Lanai, one representative; form to the two election districts which were in effect for Seventh representative district: the islands of Maui the election of delegates to this Convention. The descriptions and Kahoolawe, five representatives; of those districts are set out in the schedule. Eighth representative district: that portion of the is The committee proposal had originally divided the islands land of Oahu known as Koolaupoko and Koolauloa, two of Maui, Molokai, Lanai and Kahoolawe into three districts representatives; for the purpose of electing members of the house. An a Ninth representative district: that portion of the is mendment offered by Delegate Ashford and adopted by your land of Oahu known as Waialua and Wahiawa, two repre committee changed that division by establishing but two re sentatives; COMMITTEE OF THE WHOLE REPORT NO. 24 341 Tenth representative district: that portion of the is - general election within each of such representative dis land of Oahu known as Ewa and Waianae, two representa tricts and computed by the method known as the method tives; of equal proportions, no representative district to re Eleventh representative district: that portion of the ceive less than one member. Upon any reapportionment, island of Oahu known as Kalthi and more particularly should the total number of voters registered in any re described in the schedule, three representatives; presentative district be less than one-half of the quotient Twelfth representative district: that portion of the obtained by dividing the total number of voters registered island of Oahu known as upper Nuuanu and more particu in the State by the total number of members to which the larly described in the schedule, three representatives; house is entitled, then, as a part of such reapportionment, Thirteenth representative district: that portion of the the basic area within which such representative district island of Oahu known as Kapalama, and more particular lies shall be redistricted by the governor in such manner ly described in the schedule, three representatives; that the total number of voters registered in each new Fourteenth representative district: that portion of representative district therein shall be more than one the island of Oahu known as Pauoa and more particularly half of such quotient. described in the schedule, five representatives; The governor shall thereupon issue a proclamation Fifteenth representative district: that portion of the showing the results of such reapportionment, and such island of Oahu known as Manoa and Waikiki and more reapportionment shall be effective for the election of particularly described in the schedule, six representa members to such house for the next five succeeding leg tives; islatures. Sixteenth representative district: that portion of the Original jurisdiction is hereby vested in the supreme island of Oahu known as Kaimuki and Kapahulu and more court of the State to be exercised on the application of particularly described is the schedule, four representa any registered voter (a) made within 30 days following tives; the date specified above, to compel, by mandamus or Seventeenth representative district: that portion of otherwise, the governor to perform the above duty, and the island of Oahu known as Wilhelmina Rise, Kahala and (b) made within 30 days following the date of such pro Kuliouou and more particularly described in the schedule, clamation, to compel, by mandamus or otherwise, the together with aU other islands not included in any other correction of any error made by him in such reapportion representative district, three representatives; ment. Eighteenth representative district: the islands of Kauai and Niihau, four representatives. SECTION 5. Election of Members; Term of Office. This section was approved by your Committee in substantially SECTION 4. Reapportionment of the House of Representa the same form as set out in the committee proposal. The tives; Mandamus. As proposed by the Standing Committee, original wording, relating to terms of members, had read: Section 4 based the reapportionment of representatives on the number of voters registered as of the general election The office of members of the house of represent next preceding the date of reapportionment and this basis atives shall be for a term of two years. was adopted by your commtttee. An amendment, offered An amendment, offered by Delegate Tavares, to change by Delegate Roberts, to provide for reapportionment on the the wording to read: basis of population, was put and failed. An amendment of fered by Delegate Nielsen to substitute “votes cast” for The term of office of members of the house of “voters registered” also failed. representatives shall be for two years. An amendment, offered by Delegate Richards, incorpo rates within the basic area numbered (3) in paragraph (a) was withdrawn with the understanding of your committee of Section 4, all other islands not included in any other basic that the change was not one of substance and could be cor area, thus adding them to the island of Oahu for the purpose rected by the Committee on Style. of the first step in the reapportionment. It is the understanding of your committee that specific provisions relating to any special election of members of the Recommendation: Your Committee recommends that Section 4 be amended to read as follows: legislature which may be required under H. R. 49, and to provide for the matter of terms for senators first elected, Section 4. Reapportionment of the house of represent will be taken care of in the schedule. atives; mandamus. On or before June 1 of the year 1959, Recommendation: Your committee recommends that and of each tenth year thereafter, the governor shall re Section 5 be amended, to conform with the above change in apportion the members of the house of representatives terminology, to read as follows: in the following manner: Section 5. Election of members; term of office. The (a) The total number of representatives shall first be members of the legislature shall be elected at general reapportioned among four basic areas, namely, (1) the elections. The term of office of members of the house island of Hawaii, (2) the islands of Maui, Molokai, Lanai of representatives shall be two years beginning with their and Kahoolawe, (3) the island of Oahu and all other is election and ending on the day of the next general election, lands not specifically enumerated, and (4) the islands of and the term of office of members of the senate shall be Kauai and Niihau, on the basis of the number of voters four years beginning with their election and ending on the registered at the last preceding general election in each day of the second general election after their election. of such basic areas and computed by the method known as the method of equal proportions, no basic area to receive SECTION 6. Vacancies. This section was adopted with less than one member. out change from that originally set out in the Committee (b) Upon the determination of the total number of re Proposal. - presentatives to which each basic area is entitled, such Recommendation: Your Committee recommends that total shall be reapportioned among the one or more re Section 6 read as follows: presentative districts within each basic area on the basis Section 6. Vacancies. Any vacancy in the legislature of the number of voters registered at the last preceding shall be filled for the unexpired term in such manner as 342 JOURNAL DOCUMENTS may be prescribed by law, or, if no provision is made by An amendment was offered by Delegate Tavares to delete law, by appointment by the governor for the unexpired the words “in either house,” which amendment was carried. term. The purpose of this amendment is to broaden the immunity. SECTION 7. Qualifications of Members. This section Two amendments were put to restrict the immunity grant was adopted without change from that originally set out in ed in going to and returning from sessions to a specific the committee proposal. number of days but neither amendment carried. Recommendation: Your Committee recommends that Recommendation: Your committee recommends that Section 7 read as follows: Section 9 be renumbered as Section 8 and that it be amended to read as follows: Section 7. Qualifications of members. No person shall be eligible to serve as a member of the senate un Section 8. Privileges of members. No member of less he shall have attained the age of 30 years, have been the legislature shall be held to answer before any other a resident of the State for not less than three years and tribunal for any statement made or action taken in the be a qualified voter of the senatorial district from which exercise of his legislative functions; and members of he seeks to be elected. No person shall be eligible to the legislature shall, in all cases except felony or breach serve as a member of the house of representatives unless of the peace, be privileged from arrest during their he shall have attained the age of 25 years, have been a attendance at the sessions of their respective houses, and in going to and returning from the same. resident of the State for not less than three years, and be a qualified voter of the representative district from which SECTION 10. Disqualification of Members. This section he seeks to be elected. as originally proposed by the standing committee, read as follows: SECTION 8. Disqualification of Public Officers and Em ployees. As originally proposed by the standing committee, Section 10. Disqualification of members. No member this section disqualified any person, while holding any public of the legislature shall hold any other public office, posi office, position or employment from seeking election to, or tion or employment of profit, nor shall he, during the to a seat in, the legislature. There was considerable debate term for which he is elected or appointed, be elected or on this sectIon, centering mainly around the advisability of appointed to any public office, position or employment of disqualifying persons who were holding a public office, but profit which shall have been created, or the emoluments who received no compensation therefor. Several amendments whereof shall have been increased, by legislative act were offered by the delegates directed to clearing up the during such term. point, but none was carried. The report accompanying the Proposal gave the following A motion, put by Delegate Tavares, to delete the entire explanation of the section: section with the understanding of your Committee that the legislature would thus be left free to provide for the dis Section 10 disqualifies members of the legislature qualification of persons holding public office or employment, (1) from holding any other public office, position or em as it deemed necessary, was carried. ployment of profit while holding their legislative office Recommendation: Your Committee recommends that and (2) during the term for which they are elected or Section 8 be deleted and that subsequent sections be renum appointed, from being elected or appointed to any public bered accordingly. office, position or employment of profit which is created, or the emoluments whereof are increased, by legislative SECTION 9. Privileges of Members. As proposed by the act during such term. The first disqualification corre standing committee this section read as follows: sponds to a similar disqualification in the judiciary Section 9. Privileges of members. No member of the article. The second disqualification is derived from legislature shall be held to answer before any other tri section 16 of the Organic Act but the Organic Act dis bunal for any statement made or action taken in the ex qualification applies only to “any office of the Territory.” ercise of his legislative functions in either house; and The provision under consideration is different in that members of the legislature shall, in all cases except (1) the disqualification of a member applies to a position treason, felony or breach of the peace, be privileged or employment, as well as an office, of profit of the State from arrest during their attendance at the sessions of or any local government or any agency thereof, but (2) their respective houses, and in going to and returning on the other hand, it will apply only to an office, position from the same. or employment of profit that has been created, or the emolumentu whereof increased, by the legislature during By motion of Delegate Kellerman, which was duly carried, the term for which such member was elected or appointec the word “treason” was deleted since this crime was a felony. An amendment was offered by Delegate Kawahara to delete There was considerable debate on the section concerning the words “or action taken” in order that the immunity granted disqualification of persons holding offices in the police and would be in conformity to the immunity granted members of armed forces reserves, and of notaries public. It was the C ongress under the Federal Constitution. That amendment, intent of your committee that the disqualification should not which was to the first clause of the section, would have read: be that broad. No member of the legislature shall be held to answer By motion of Delegate Heen, the words “of profit” were deleted. before any other tribunal for any statement or speech Additional amendments were offered, one of which con made in the exercise of his legislative functions in either fined the disqualification to persons holding offices “under house. the State, except notaries public and reserve police officers, Delegate Tavares spoke in opposition to the amendment, and one to permit the legislature to prescribe additional urging that the members of the legislature should be kept disqualifications, and, in substance, were adopted. as free as possible from external pressures while perform As finally approved by your committee, the dlsqualificatis ing their duties and that the immunity for “any action taken” extends to (1) a member of the legislature holding any othex would permit that freedom. The amendment failed to carry. public office under the State, (2) appointment or election to COMMITTEE OF THE WHOLE REPORT NO. 24 343 any public office or employment created, or the emoluments pointed in the same manner as the State auditor, This a whereof increased by legislative act during the legislative mendment failed to carry. term for which he has been elected or appointed. The term Recommendation: Your committee recommends that “public office” was not intended to include any office of the Section 11 be renumbered as Section 10, and that it be amend Federal government, including officers of the armed serv ed to read as follows: ices, whether or not on active duty, it being considered that either under the articles of war or Federal statute, an of Section 10. Compensation of members. The members ficer on active duty would be ineligible to serve in such leg of the legislature shall receive such salary and allow islative capacity. ances as may be prescribed by law, but any increase or The legislature is authorized to provide further prospec decrease in the amount thereof shall not apply to the leg tive disqualifications, islature which enacted the same. No salary shall be pay able when the senate along is convened in special session. Recommendation: Your committee recommends that Section 10 be renumbered as Section 9 and that it be amend It is the further recommendation of your committee that ed to read as follows: the following paragraph be inserted in the schedule: Section 9. Disqualification of members. No member Section . Until otherwise provided by law in of the legislature shall hold any other public office under accordanciWIER Article Ill, Section 10, the salary of the State, nor shall he, during the term for which he is members of the Legislature shall be as follows: the elected or appointed, be elected or appointed to any pub sum of $2500 for each general session, the sum of lic office or employment which shall have been created, $1500 for each budget session and the sum of $750 for or the emoluments whereof shall have been increased, each special session of the legislature. by legislative act during such term. The term “public SECTION 12. Sessions of Legislature. This section as office” for the purposes of this section, shall not include contained in Committee Proposal No. 29 was amended in two notaries public, reserve police officers and officers of particulars. The first incorporates language to accord with emergency organizations for civilian defense or disaster an amendment made to Section 18 (now Section 17) dealing relief. The legislature may provide for further disquali with a special session of the legislature to be convened to fications. consider bills vetoed by the governor after adjournment SECTION 11. Salary of Members. The original wording sine die. This amendment added to the authority of the leg of this section, as contained in the Committee Proposal islature in a budget session the right to consider the con read as follows: tingency of such a special session and to appropriate money therefor during the budget session. The second amendment Section 11. Salary of members. The salary of mem permits the legislature, during a budget session, to consider bers of the legislature shall be as follows: the sum of. and act upon cases of impeachment and removal of officers. $1,500 for each general session, the sum of $1,000 for It was the sense of your Committee of the Whole that each budget session and the sum of $750 for each special nothing in this section would preclude the Senate from acting session of the legislature, which sums shall be payable in cases of confirmation or approval of officers. in such installments as may be prescribed by law. No Recommendation: Your committee recommends that salary shall be payable when the senate alone is con Section 12 be renumbered as Section 11 and be amended to vened in special session. read as follows: An amendment was offered by Delegate Rice, the first Section 11. Sessions of legislature. Regular sessions paragraph of which authorized the legislature to fix allow of the legislature shall be held annually. The governor ances in addition to their salary of not to exceed $15 per may convene the legislature, or the senate alone, in day for outer island members and $5 per day for members special session. All sessions shall be held at the capital from Oahu. It was felt by your committee that this was not of the State and, in case the capital shall be unsafe, the appropriate for insertion in the Constitution, and that the governor may direct that any session shall be held at present allowances would be carried over by virtue of the some other place. Regular sessions in odd numbered ordinances relating to continuity of laws. An amendment years shall be known as “general sessions” and regular was offered by Delegate Fukushima, which carried, increas sessions in even numbered years shall be known as ing the stated amounts for salaries to $2500 for a general “budget sessions.” session, $1500 for a budget session and $750 for special At a budget session the legislature shall be limited to sessions. the consideration and enactment of the general appropri Delegate Roberts offered an amendment, which was a ations bill for the succeeding fiscal year and bills to dopted, providing that the salaries and allowances of mem authorize proposed capital expenditures, revenue bills bers of the legislature would be set by law. As part of this necessary therefor, urgency measures deemed necessary amendment, the salaries would be set out in the schedule to in the public interest, bills calling elections, proposed be effective until changed by law. constitutional amendments and bills to provide for the The second paragraph of Delegate Rice’s amendment im expenses of such session and the special session to be posed a limit on total expenses for legislative employees, convened thereafter in accordance with theprovisions of such limit to be $1000 for each house during a general ses Section 17. The legislature at such budget session shall sion and $500 for each house during a budget or special also be authorized to consider and act upon matters re session. This amendment carried. However, that action of lating to the impeachment or removal of officers. No your committee was reconsidered and on reconsideration urgency measure shall be considered unless a statement that portion of the amendment was deleted. of facts constituting such urgency shall be set forth in Delegate Kellerman offered an amendment to require one section thereof and until such section shall have been legislative employees to qualify by examination given under first approved by each house. The approval of such sec - merit principles and to place them under the supervision of tion and the final passage of such measure in each house an executive secretary to the legislature who would be ap shall require a two-thirds vote of all the members to 344 JOURNAL DOCUMENTS which such house is entitled, taken by ayes and noes and to which each house is entitled shall constitute a quorum entered upon ifs journal. of such house for the conduct of ordinary business, of Regular sessions shall commense at 10:00 o’clock which quorum a majority vote shall suffice; but the final a.m., on the third Wednesday in February. General passage of a bill in each house shall require the vote of sessions shall be limited to a period of 60 days and a majority of all the members to which such house is budget sessions and special sessions shall be limited entftled, taken by ayes and noes and entered upon its to a period of 30 days, but the governor may extend any journal. A smaller number than a quorum may adjourn session for not more than 30 days. Sundays and holidays from day to day and may compel the attendance of absent shall be excluded in computing the number of days of members in such manner and under such penalties as any session. each house may provide. SEC TION 13. Adjournments. No amendments were made SECTION 16. Bifis; Enactment by Bill; Subject and Tftle; to this section as originally set out in the proposal. Enacting Clause. This section was adopted as set out in the Recommendation: Your Committee recommends that commfttee proposal. Section 13 be renumbered as Section 12 and to read as Recommendation: Your committee recommends that follows: Section 16 be renumbered as Section 15, and to read as follows: Section 12. Adjournments. Neither house shall adjourn during any session of the legislature for more than three Section 15. Bills; enactment by bill; subject and title; days, or sine die, without the consent of the other. enacting clause. No law shall be passed except by bill. Each law shail embrace but one subject, which shall be SECTION 14. Organization; Seating and Punishment of expressed in its title, and the enacting clause of each Members; Officers; Rules; Journal; Record of Vote. This law shall be, “Be it enacted by the legislature of the section was adopted as set out in the committee proposal. State of Hawaii.” Relating to the provision that ‘each house shall be the judge of the elections . . . of its own members’ and to the possible SECTION 17. Passage of Bills. This section was adopted conflict with the article on Suffrage and Elections dealing as set out in the committee proposal. with contested elections, it was the sense of your committee Recommendation: Your committee recommends that that, in case of the inconsistency between that article and Section 17 be renumbered as Section 16, and to read as this section, the provisions of this section would control. follows: The elections, returns and qualifications of members of the legislature is not a judicial question under this section. Section 16. Passage of bills. No bill shall become A new section relating to legislative committees was law unless it shall pass three readings in each house, on proposed by Delegate Kellerman and was adopted. While separate days. Every bill when passed by the house in this new section was submitted as a separate section to be which it originated, or in which amendments thereto shall numbered 23, its proper sequence in the legislative article have originated, shall immediately be certified by the would appear to be more appropriate as a second paragraph presiding officer and clerk and sent to the other house of Section 14. for consideration. Recommendation: Your committee recommends that SECTION 18. Action by Governor; Approval; Veto; Fail Section 14 be renumbered as Section 13 and that ft be amend ure to Approve or Veto. As originally proposed by the ed by the addition of the new section, discussed above, the Standing Committee, this section read as follows: entire section to read as follows: Section 18. Action by governor; approval; veto; failure Section 13. Organization; seating and punishment of to approve or veto. Every bill which shall have passed members; officers; rules; journal; record of vote; com the legislature shall be certified by the presiding officers mittees. Each house shall be the judge of the elections, and clerks of both houses and shall thereupon be present returns and qualifications of its own members and shall ed to the governor. If he approves it, he shall sign ft have, for misconduct, disorderly behavior or neglect of and ft shall become law. If the governor does not approve duty of any member, power to punish such member by such bill, he may return it, with his objections, to the censure or, upon a two-thirds vote of all the members legislature. He may veto any specific ftem or items in to which such house is entitied, by suspension or ex any bill which appropriates money for specific purposes pulsion of such member. Each house shall choose its by striking out or reducing the same; but he shall veto own officers, determine the rules of its proceedings and other bills, if at all, only as a whole. keep a journal. The ayes and noes of the members on If any bill is neither signed nor returned by the gover any question shall, at the desire of one-fifth of the mem nor within ten days, Sundays and holidays excepted, after bers present, be entered upon the journal. having been presented to him, it shall become law in like Twenty days after a bill has been referred to a com manner as if he had signed it, unless the legislature by mittee in either house, the same may be recalled from ifs adjournment prevents its return, in which case it such committee by the affirmative vote of one-third of shall not become law. the members to which such house is entitled and shall be placed on the calendar for consideration. An amendment to this section was moved by Delegate Fukushima to provide for a special session of the legislature SECTION 15. Quorum; number required to act; Com to convene after adjournment sine die to reconsider bills pulsory attendance. This section was adopted without amend vetoed by the governor since adjournment. That amendment, ment. *hich was to paragraph 2 of the section, with the addition of Recommendation: Your Committee recommends that Section 15 be renumbered as Section 14, and to read as 4 requirement that the governor issue a proclamation ad ~ising the legislature of his intention to veto any bill that follows: could not be returned by him before adjournment sine die, Section 14. Quorum; number required to act; com ~nd wfth minor changes in style, was adopted by your com - pulsory attendance. A majority of the number of members mittee. COMMITTEE OF THE WHOLE REPORT NO. 24 345 As adopted, one procedure is established for bills passed shall sign it within ten days after presentation, Sundays by the legislature and presented to the governor in sufficient and holidays excluded. time for him to return them to the legislature with his ob No salary shall be paid to the members of the legisla jections before the legislature adjourns sine die. As to those ture when convened for this purpose. bills, the procedure upon veto, set out in Section 19 (now Section 18) of the Committee Proposal, applies, and if the SECTION 19. Procedure upon Veto. This section, after bill is passed again by the legislature by a two-thirds vote, careful consideration, was adopted wfthout amendment. the bill becomes law without further action by the governor. Recommendation: Your Committee recommends that A second procedure is set out in the case of bills pre Section 19 be renumbered as Section 18, to read as follows: sented to the governor not in sufficient time for him to have Section 18. Procedure upon veto. Upon the receipt of a full ten days to consider them before adjournment sine a veto message from the governor, each house shall enter die. In such a case the governor is allowed a period of 45 the same at large upon its journal and proceed to recon days for consideration. If, on the 45th day he has not signed sider the vetoed bill, or the ftem or items vetoed, and any such bill, it will become law unless the governor returns again vote upon such bill, or such ftem or items, by ayes It to the legislature with his objections on that 45th day. and noes, which shall be entered upon its journal. If The governor, to keep such a bill from becoming law on that after such reconsideration such bill, or such item or day, is required to give notice, by proclamation, to the leg items, shall be approved by a two-thirds vote of all the islature of his intention to veto the same. If such a pro members to which each house is entitled, the same shall clamation is issued, the legislature shall convene to recon become law. sider the bills so returned. If the bills are not amended by the legislature, to become law they must be passed as pre SECTION 20. Punishment of Persons not Members. As scribed by Section 19 (now Section 18), namely, by a two- originally submitted in Committee Proposal No. 29, this thirds vote. Because it might be desirable to amend such section read as follows: a bill to conform to the governor’s objections, authority to Section 20. Punishment of persons not members. make such amendments is granted to the legislature, but if Each house may summarily punish, by fine not exceed amendments are made, the bill must be presented again to ing one hundred dollars or by imprisonment not exceed the governor for his consideration, and, if he fails to sign ing 30 days, any person not a member of the legislature the bill, as amended, within ten days, it does not become who shall be guilty of contempt of such house or of any law. Any such amendment would require but one reading. committee thereof. It is the further intent of your committee that, should the legislature fail to convene on the day required, the bill It was intended to deal only with direct contempts. After nevertheless would not become law. due consideration and debate, an amendment offered by Recommendation: Your Committee recommends that Delegate Sakakthara was adopted, incorporating the language Section 18 be renumbered Section 17 and that it be amended of the Organic Act which deals not only with direct contempts to read as follows: but indirect contempts. It was the understanding of your committee that the adoption of the section, as amended, Section 17. Action by governor; approval; veto; failure would in no way preclude the legislature from enacting to approve or veto. Every bill which shall have passed supplementary provisions concerned with contempts of the the legislature shall be certified by the presiding officers legislature. and clerks of both houses and shall thereupon be present Recommendation: Your committee recommends that ed to the governor. If he approves it, he shall sign it Section 20 be renumbered as Section 19 and that it be amend and it shall become law. If the governor does not approve ed to read as follows: such bill, he may return it, with his objections, to the legislature. He may veto any specific item or items in Section 19. Punishments of persons not members. any bill which appropriates money for specific purposes Each house may punish by fine, or by imprisonment not by striking out or reducing the same; but he shall veto exceeding 30 days, any person not a member of either other bills, if at all, only as a whole. house who shall be guilty of disrespect of such house by If any bill is neither signed nor returned by the gover any disorderly or contemptuous behavior in its presence nor within ten days, Sundays and holidays excepted, after or that of any committee thereof; or who shall, on account having been presented to him, it shall become a law in of the exercise of any legislative functions, threaten like manner as if he had signed it, unless the legislature harm to the body or estate of any of the members of such by its adjournment prevents its return. If on the tenth house; or who shall assult, arrest, or detain any witness day the legislature is in adjournment sine die, the bill or other person ordered to attend such house, on his shall become a law if the governor shall sign ft within way going to or returning therefrom; or shall rescue any 45 days, Sundays and holidays excepted, after such ad person arrested by order of such house. journment. On the said 45th day the bill shall become a But the person charged with the offense, shall be in- law, notwithstanding the failure of the governor to sign formed, in wrfting, of the charges made against him, and ft within the period last stated, unless at or before noon have an opportunity to present evidence and be heard in of that day he shall return it with his objections to the his own defense. legislature which shall convene on that day, in special SECTION 21. Impeachment of Elective Executive Officers. session without call, for the sole purpose of acting upon As originally submitted in Committee Proposal No. 29, this bills returned by the governor, unless he shall have failed section read as follows: to give notice hereinafter provided. The governor by proclamation shall give ten days’ notice to the members - Section 21. Impeachment of elective executive officers. of the legislature if he plans to return any bill with his The governor and other elective executive officers of objections on the 45th day. If such a bill is amended and the State shall be removed from office on impeachment passed at such special session, ft shall be presented for and conviction of treason, bribery or other high crimes again to the governor, but shall become law only if he and misdemeanors. 346 JOURNAL DOCUMENTS The house of representatives shall have the sole power Your Committee of the Whole recommends that Committee of impeachment. The senate shall have the sole power to Proposals Nos. 29 and 30 (copies of which are hereto attach try all impeachments and when sitting for that purpose; ed), as amended, be adopted and pass second reading; that the members thereof shall be on oath or affirmation. If Standing Com. Rpt. No. 92 be adopted, except as the same the governor is being tried, the chief justice shall pre may be inconsistent with the provisions and recommendations side. No person shall be convicted without the concur of this report, and that Standing Com. Rpts. Nos. 99 and 102 rence of two-thirds of the members present. (Minority Reports) be filed; and that Misc. Com. Nos. 112, Judgments in cases of impeachment shall not extend 113 and 114 be placed on file. —July 13, 1950 further than to removal from office and disqualification 3. Garner Anthony, Chairman to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may neverthe COMMITTEE PROPOSAL NO. 29, RD 1 less be liable and subject to indictment, trial, judgment and punishment according to law. RELATING TO LEGISLATIVE POWERS AND FUNCTIONS A series of amendments were offered to this section, RESOLVED, that the following be agreed upon as part of each designed to make possible the removal of impeachment the State Constitution: - of appointed officers of the government (in addition to the governor and lieutenant governor) and to delete the specifi ARTICLE cation of causes for impeachment in order to leave to the SECTION 1. Legislative power. The legislative power legislature the definition of causes for removal. of the State shall be vested in a legislature, which shall con As finally adopted by your committee, the governor, sist of two houses, a senate and a house of representatives. lieutenant governor and any appointed officer for whose re Such power shall extend to all rightful subjects of legislation moval the consent of the Senate is required, may be removed not inconsistent with this constitution or the constitution of from office upon conviction of impeachment for such causes the United States. as may be provided by law. The legislature may provide for the manner and procedure of removal by impeachment SECTION 2. Senate; senatorial districts; number of of appointive officers, but, for impeachment proceedings members. The senate shall be composed of 25 members, against the governor or lieutenant governor, the House of who shall be elected by the qualified voters of the respective Representatives has the sole power of impeachment and senatorial districts. The districts, and the number of sen the Senate, with the chief justice of the supreme court pre ators to be elected from each, shall be as follows: siding, shall have the sole power to try the impeachment. First senatorial district: that portion of the island of Recommendation: Your Committee recommends that Hawaii known as Puna, Hio and Hamakua, five; Section 21 be renumbered as Section 20 and that it be amend Second senatorial district: that portion of the island of ed to read as follows: Hawaii known as Kau, Kona and Kohala, two; Third senatorial district: the islands of Maui, Molokai, Section 20. Impeachment of officers. The governor Lanai and Kahoolawe, five; and lieutenant governor, and any appointive officer for whose removal the consent of the senate is required, Fourth senatorial district: that portion of the island of Oahu lying east and south of Nuuanu Street and the Pali Road may be removed from office upon conviction of impeach and the upper ridge of the Koolau range from the Nuuanu ment for such causes as may be provided by law. The house of representatives shall have the sole Pall to Makapuu Point, five; power of impeachment of the governor and lieutenant Fifth senatorial district that portion of the island of governor and the senate the sole power to try such im Oahu lying west and north of the fourth senatorial district, peachments, and no such officer shall be convicted with five; and out the concurrence of two-thirds of the members of the Sixth senatorial district: the Islands of Kauai and Nithau; Senate. When sitting for that purpose, the members of three. the senate shall be on oath or affirmation and the chief SECTION 3. House of representatives; representative justice shall preside. Subject to the provisions of this districts; number of members; apportionment. The house paragraph, the legislature may provide for the manner of representatives shall be composed of 51 members, who and procedure of removal by impeachment of such of shall be elected by the qualified voters of the respective ficers. representative districts. The representative districts, and, The legislature shall by law provide for the manner until the next decennial reapportionment, the number of and procedure of removal by impeachment of the appoint representatives to be elected from each, shall be as follows: ive officers hereinabove mentioned. First representative district that portion of the island Judgments in cases of impeachment shall not extend further than to removal from office and disqualification of Hawaii known as Puna, one representative; Second representative district that portion of the island to hold and enjoy any office of honor, trust or profit under the State; but the person convicted may nevertheless be of Hawaii known as South Hilo, four representatives; Third representative district that portion of the island liable and subject to indictment, trial, judgment and pun of Hawaii known as North Hllo and Hamakna, one represent ishment according to law. ative; SECTION 22. Legislative Council; Duties; Salary. This Fourth representative district: that portion of the is section, as submitted by the standing committee, established land of Hawaii known as Kau and South Kona and that portion a legislative council to consist entirely of the members of of North Kona known as Keauhou, the latter being more the legislature. A motion to delete the entire section, made particularly described in the schedule, one representative; by Delegate Lai, carried. A substitute provision concerning Fifth representative district: that portion of the island the establishment of a legislative council to consist of lay of Hawaii known as Kohala and that portion of North Kona members as well as members of the legislature, was offered not included in the fourth representative district, one re by Delegate Larsen but failed to carry. presentative; COMMITTEE OF THE WHOLE REPORT NO. 24 347 Sixth representative district: the islands of Molokai and in each new representative district therein shall be more Lanai, one representative; than one-half of such quotient. Seventh representative district: the islands of Maui and The governor shall thereupon issue a proclamation show Kahoolawe, five representatives; ing the results of such reapportionment, and such reapportion Eighth representative district: that portion of the island ment shall be effective for the election of members to such of Oahu known as Koolaupoko and Koolauloa, two represent house for the next five succeeding legislatures. atives; Original jurisdiction is hereby vested in the supreme Ninth representative district: that portion of the island court of the State to be exercised on the application of any of Oahu known as Waialua and Wahiawa, two representatives; registered voter (a) made within 30 days following the date Tenth representative district: that portion of the island specified above, to compel, by mandamus or otherwise, the of Oahu known as Ewa and Waianae, two representatives; governor to perform the above duty, and (b) made within Eleventh representative district: that portion of the is 30 days following the date of such proclamation, to compel, land of Oahu known as Kalthi and more particularly de by mandamus or otherwise, the correction of any error made scribed in the schedule, three representatives; by him in such reapportionment. Twelfth representative district: that portion of the island SECTION 5. Election of members; term of office. The of Oahu known as upper Nuuanu and more particularly de members of the legislature shall be elected at general elec scribed in the schedule, three representatives; tions. The term of office of members of the house of re Thirteenth representative district: that portion of the presentatives shall be two years beginning with their elec - island of Oahu known as Kapalama, and more particularly tion and ending on the day of the next general election, and described in the schedule, three representatives; the term of office of members of the senate shall be four Fourteenth representative district: that portion of the years beginning with their election and ending on the day of island of Oahu known as Pauoa and more particularly de the second general election alter their election. scribed in the schedule, five representatives; Fifteenth representative district: that portion of the is - SECTION 6. Vacancies. Any vacancy in the legislature land of Oahu known as Manoa and Waikiki and more particu shall be filled for the unexpired term in such manner as may larly described in the schedule, six representatives; be prescribed by law, or, if no provision is made by law, by Sixteenth representative district: that portion of the is appointment by the governor for the unexpired term. land of Oahu known as Kaimuki and Kapahulu and more SECTION 7. Qualifications of members. No person shall particularly described In the schedule, four representatives; be eligible to serve as a member of the senate unless he Seventeenth representative district: that portion of the shall have attained the age of 30 years, have been a resident island of Oahu known as Wilhelmlna Rise, Kahala and Kuliouou of the State for not less than three years and be a qualified and more particularly described in the schedule, together voter of the senatorial district from which he seeks to be with all other islands not Included in any other representa elected. No person shall be eligible to serve as a member tive district, three representatives. of the house of representatives unless he shall have attained Eighteenth representative district: the islands of Kauai the age of 25 years, have been a resident of the State for not and Niihau, four representatives. less than three years, and be a qualified voter of the repre SEC TION 4. Reapportionment of the house of representa sentative district from which he seeks to be elected. tives; mandamus. On or before Tune 1 of the year 1959, and SECTION 8. Privileges of members. No member of the of each tenth year thereafter, the governor shall reapportion legislature shall be held to answer before any other tribunal the members of the house of representatives in the following for any statement made or action taken in the exercise of manner: his legislative functions; and members of the legislature (a) The total number of representatives shafl first be re shall, in all cases except felony or breach of the peace, be apportioned among four basic areas, namely, (1) the island privileged from arrest during their attendance at the ses of Hawaii, (2) the islands of Maui, Molokai, Lanai and sions of their respective houses, and in going to and return Kahoolawe, (3) the island of Oahu and all other islands not ing from the same. spec ific ally enumerated, and (4) the islands of Kauai and SECTION 9. Disqualification of members. No member Niihau, on the basis of the number of voters registered at of the legislature shall hold any other public office under the last preceding general election in each of such basic the State, nor shall he, during the term for which he is elec areas and computed by the method known as the method of ted or appointed, be elected or appointed to any public office equal proportions, no basic area to receive less than one or employment which shall have been created, or the emolu member. ments whereof shall have been increased, by legislative act (b) Upon the determination of the total number of repre during such term. The term “public office,” for the purposes sentatives to which each basic area is entitled, such total of this section, shall not include notaries public, reserve shall be reapportioned among the one or more representative police officers and officers of emergency organizations for districts within each basic area on the basis of the number civilian defense or disaster relief. The legislature may of voters registered at the last preceding general election provide for further disqualifications. within each of such representative districts and computed by the method known as the method of equal proportions, no SECTION 10. Compensation of members. The members representative district to receive less than one member. of the legislature shall receive such salary and allowances Upon any reapportionment, should the total number of voters as may be prescribed by law, but any increase or decrease registered in any representative district be less than one- in the amount thereof shall not apply to the legislature half of the quotient obtained by dividing the total number of which enacted the same. No salary shall be payable when voters registered in the State by the total number of mem the senate alone is convened in special session. bers to which the house is entitled, then, as a part of such SECTION 11. Sessions of legislature. Regular sessions reapportionment, the basic area within which such repre of the legislature shall be held annually. The governor may sentative district lies shall be redistricted by the governor convene the legislature, or the senate alone, in special ses in such manner that the total number of voters registered sion. All sessions shall be held at the capital of the State 348 JOURNAL DOCUMENTS and, in ease the capital shall be unsafe, the governor may pressed in its title, and the enacting clause of each law shall direct that any session shall be held at some other place. be, “Be it enacted by the legislature of the State of Hawaii.” Regular sessions in odd numbered years shall be known as “general sessions” and regular sessions in even numbered SECTION 16. Passage of bills. No bill shall become law years shall be known as “budget sessions.” unless it shall pass three readings in each house, on separat~ At a budget session the legislature shall be limited to days. Every bill when passed by the house in which it origi the consideration and enactment of the general appropriations nated, or in which amendments thereto shall have originated, bill for the succeeding fiscal year and bills to authorize shall immediately be certified by the presiding officer and proposed capital expenditures, revenue bills necessary clerk and sent to the other house for consideration. therefor, urgency measures deemed necessary in the public interest, bills calling elections, proposed constitutional a SECTION 17. Action by governor; approval, veto; failure mendments and bills to provide for the expenses of such to approve or veto. Every bill which shall have passed the session and the special session to be convened thereafter legislature shall be certified by the presiding officers and in accordance with the provisions of Section 17. The legis clerks of both houses and shall thereupon be presented to lature at such budget session shall also be authorized to the governor. If he approves it, he shall sign it and it shall consider and act upon matters relating to the impeachment become law. If the governor does not approve such bill, he or removal of officers. No urgency measures shall be may return it, with his objections, to the legislature. He considered unless a statement of facts constituting such may veto any specific item or items in any bill which ap urgency shall be set forth in one section thereof and until propriates money for specific purposes by striking out or such section shall have been first approved by each house. reducing the same; but he shall veto other bills, if at all, The approval of such section and the final passage of such only as a whole. measure in each house shall require a two-thirds vote of If any bill is neither signed nor returned by the governor all the members to which such house is entitled, taken by within ten days, Sundays and holidays excepted, after having ayes and noes and entered upon its journal. been presented to him, It shall be come a law in like manner Regular sessions shall commence at 10:00 o’clock a.m., as if he had signed it, unless the legislature by its adjourn on the third Wednesday in February. General sessions shall ment prevents its return, If on the tenth day the legislature be limited to a period of 60 days and budget sessions and is in adjournment sine die, the bill shall become a law if special sessions shall be limited to a period of 30 days, but the governor~shall sign it within 45 days, Sundays and holi the governor may extend any session for not more than 30 days excepted, after such adjournment. On the said 45th day days. Sundays and holidays shall be excluded in computing the bill shall become a law, notwithstanding the failure of the number of days of any session. the governor to sign it within the period last stated, unless at or before noon of that day he shall return it with his ob SECTION 12. Adjournments. Neither house shall ad jections to the legislature which shall convene on that day, journ during any session of the legislature for more than in special session without call, for the sole purpose of actin8 three days, or sine die, without the consent of the other. upon bills returned by the governor, unless he shall have SECTION 13. Organization; seating and punishment of failed to give the notice hereinafter provided. The governor members; officers, rules; journal; record of vote; commit by proclamation shall give ten days’ notice to the members tees. Each house shall be the judge of the elections, re of the legislature if he plans to return any bill with his ob turns and qualifications of its own members and shall have, jections on the 45th day. If such a bill is amended and for misconduct, disorderly behavior or neglect of duty of passed at such special session, It shall be presented again any member, power to punish such member by censure or, to the governor, but shall become law only if he shall sign upon a two-thirds vote of all the members to which such it within ten days after presentation, Sundays and holidays house is entitled, by suspension or expulsion of such mem excluded. ber. Each house shall choose its own officers, determine No salary shall be paid to the members of the legislature the rules of its proceedings and keep a journal. The ayes when convened for this purpose. and noes of the members on any question shall, at the desire of one-fifth of the members present, be entered upon the SECTION 18. Procedure upon veto. Upon the receipt of journal. a veto message from the governor, each house shall enter Twenty days alter a bill has been referred to a committee the same at large upon its journal and proceed to reconsider in either house, the same may be reca]led from such com the vetoed bill, or the Item or Items vetoed, and again vote mittee by the affirmative vote of one-third of the members upon such bill, or such item or items, by ayes and noes, to which such house is entitled and shall be placed on the which shall be entered upon its journal, If alter such recon calendar for consideration. sideration such bill, or such item or items, shall be ap proved by a two-thirds vote of all the members to which eacl SECTION 14. Quorum; number required to act; compul house is entitled, the same shall become law. sory attendance. A majority of the number of members to which each house is entitled shall constitute a quorum of SECTION 19. Punishments of persons not members. such house for the conduct of ordinary business, of which Each house may punish by fine, or by imprisonment not ex quorum a majority vote shall suffice; but the final passage ceeding 30 days, any person not a member of either house of a bill in each house shall require the vote of a majority who shall be guilty of disrespect of such house by any dis of all the members to which such house is entitled, taken orderly or contemptuous behavior in its presence or that of by ayes and noes and entered upon its journal. A smaller any committee thereof; or who shall, on account of the ex number than a quorum may adjourn from day to day and ercise of any legislative function, threaten harm to the body may compel the attendance of absent memb6rs in such or estate of any of the members of such house; or who shall manner and under such penalties as each house may provide. assault, arrest, or detain any wituess or other person order SECTION 15. Bills; enactment by bill; subject and title; ed to attend such house, on his way going to or returning enacting clause. No law shall be passed except by bill. therefrom; or shall rescue any person arrested by order of Each law shall embrace but one subject, which shall be ex such house, COMMITTEE OF THE WHOLE REPORT NO. 24 349 But the person charged with the offense shall be informed, Range; (7) Southeasterly along the top of Koolau Range to in writing, of the charge made against him, and have an op a place called “Puu Lanthuli”; (8) Southeasterly along the portunity to present evidence and be heard in his own defense. top of ridge between the lands of Kalihi, Kapalama and SEC TION 20. Impeachment of officers. The governor and Nuuanu to the Northwesterly side of Kalthi Street; (9) South lieutenant governor, and any appointive officer for whose westerly along the Northwesterly side of Kalthi Street to removal the consent of the senate is required, may be re the point of beginning. moved from office upon conviction of impeachment for such (c) The twelfth representative district: (1) From the causes as may be provided by law. East corner of King and Kalthi Streets running Northeaster The house of representatives shall have the sole power ly along the Southeasterly side of Kalthi Street to ridge be of impeachment of the governor and lieutenant governor and tween Kalthi, Kapalama and Nuuanu; (2) Northeasterly along the senate the sole power to try such impeachments, and no top of ridge between Kalihi, Kapalama and Nuuanu to a point suchofficer shall be convicted without the concurrence of on the Koolau Range called “Puu Lanlhuli”; (3) Easterly two-thirds of the members of the senate. When silting for along top of Koolau Range to the Northwesterly side of that purpose, the members of the senate shall be on oath or Nuuanu Avenue at the Pall; (4) Southwesterly along the affirmation and the chief justice shall preside. Subject to Northwesterly side of Nuuanu Avenue to the Northeasterly the provisions of this paragraph, the legislature may pro side of School Street; (5) Northwesterly along the North vide for the manner and procedure of removal by impeach easterly side of School Street to the Southeasterly side of ment of such officers. Kapalama Drainage Canal (Waikiki Branch); (6) Southwest The legislature shall by law provide for the manner and erly along the Southeasterly side of Kapalama Drainage procedure of removal by impeachment of the appointive C anal (Waikiki Branch); (7) Southwesterly along the South officers hereinabove mentioned. easterly side of the main Kapalama Drainage Canal to the Sudgments in cases of impeachment shall not extend fur Northeasterly side of King Street; (8) Northwesterly along ther than to removal from office and disqualification to hold the Northeasterly side of King Street to the point of be and enjoy any office of honor, trust or profit under the State; ginning. but the person convicted may nevertheless be liable and (d) The thirteenth representative district: (1) From the subject to indictment, trial, judgment and punishment accord junction of the Honolulu Harbor Channel and the reef running ing to law. Westerly along the outer edge of the reef to a point on the line extended of the Southeasterly side of Mokauea Street; COMMITTEE PROPOSAL NO 30, RD 1 (2) Northeasterly along the line extended of the Southeaster ly side of Mokauea Street to the Easterly side of Sand Is RELATING TO A SCHEDULE DESCRIBING REPRESENTA land Road; (3) Northeasterly along the Southeasterly side TWE DISTRICTS AND TO THE COMPENSATION OF of Mokauea Street Extension to the Southerly side of Auiki MEMBERS OF THE LEGISLATURE Street; (4) Easterly along the Southerly side of Aulki Street RESOLVED, that the following be agreed upon as part to the Southeasterly side of Kalthi Street; (5) Northeasterly of the State Constitution: along the Southeasterly side of Kalthi Street to the Southerly side of King Street; (6) Southeasterly along the Southwester ARTICLE____ ly side of King Street to the Southeasterly side of Kapalama SECTION . As provided in Article . Section Drainage Canal; (7) Northerly along the Easterly side of the followinji~Fesentative districts are ii6Fiparticulail3i the main Kapalama Drainage C anal; (8) Northeasterly along described herein: the Southeasterly side of the Kapalama Drainage Canal (Waikiki Branch) to the Southwesterly side of School Street; (a) That portion of the fourth representative district (9) Southeasterly along the Southwesterly side of School known as Keauhou: (1) From a point at seashore between Street to the Northwesterly side of Nuuanu Avenue; (10) the lands of Holualoa 1 and 2 and Puapuaa 2 running North Southwesterly along the Northwesterly side of Nuuanu Ave easterly along the boundary of Holualoa 1 and 2 to Pun Laa nue to the Southwesterly side of Queen Street; (11) South laau; (2) Easterly in a straight line to a point called “Nao westerly along the middle of Honolulu Harbor and Honolulu hueleelua” being the common corner of the lands of Puuana Harbor Channel to the point of beginning. hulu, Kaohe, and Keauhou 2nd; (3) Southeasterly along the common boundary between Hamakua and North Kona dis (e) The fourteenth representative district: (1) From the tricts to the summit of Mauna Loa; (4) Westerly along the junction of the Honolulu Harbor Channel and the outer edge common boundary between Kau and North Kona districts to of the reef running Northeasterly along the middle of Hono the Easterly boundary of South Kona district; (5) Northerly lulu Harbor Channel and Honolulu Harbor to the Southerly and Westerly along the boundary between North and South side of Queen Street; (2) Northeasterly across Queen Street Kona districts to the seashore; (6) Northerly along the sea and along the Southeasterly side of Nuuanu Avenue to the top shore to the point of beginning. of Koolau Range at the Pali; (3) Easterly and Southerly a- long the top of Koolau Range to a point called “Puu Konnhua (b) The eleventh representative district: (1) From the nui”; (4) Southwesterly along top of ridge between the lands North corner of Kalthi and Auiki Streets running Westerly of Nuuanu-Pauoa and Manoa to a mountain peak called “Puu along the Northerly side of Auiki Street to the Northwester Ohia” or Tantalus; (5) Southwesterly along top of ridge be ly side of Mokauea Street; (2) Southwesterly along the North tween the lands of Makilci and Kalawahine to the Northerly westerly side of Mokauea Street Extension to the Westerly side of Nehoa Street; (6) Southerly across Nehoa Street side of Sand Island Road; (3) Southeasterly along the West along the Westerly side of Lewalani Drive and Piikoi Street erly side of Sand Island Road; (4) Southwesterly along the to the Southerly side of Wilder Avenue; (7) Easterly along line of the Southeasterly side of Mokauea Street Extension the Southerly side of Wilder Avenue to the Westerly side of extended to a point of the outer edge of the reef; (5) West Punahou Street; (8) Southerly along the Westerly side of erly along the outer edge of the reef to a point on the Punahou Street to the Northerly side of King Street; (9) Moanalua-Halawa boundary; (6) Northerly and Northeaster Westerly along the Northerly side of King Street to the West ly along the Moanalua-Halawa boundary to the top of Koolau erly side of Kalakaua Avenue; (10) Southerly along the West- 350 JOURNAL DOCUMENTS erly side of Kalakaua Avenue to the Southerly side of Ala the Southerly side of Waialae Avenue to the Northwesterly Wai (canal); (11) Westerly along the Southerly side of Ma side of 13th Avenue; (13) Southwesterly along the North Wai (canal) and along the line of said Southerly side of Ala westerly side of 13th Avenue and Ocean View Drive to the Wai (canal) extended to the outer edge of the reef; (12) Northerly side of Kilauea Avenue; (14) Westerly along the Westerly along the outer edge of the reef to the point of Northerly side of Kilauea Avenue to the Northwesterly side beginning. of Makapuu Avenue; (15) Southwesterly along the Northwest erly side of Makapuu Avenue to the Southwesterly side of (f) The fifteenth representative district: (1) From the Diamond Head Road; (16) Southeasterly along the Southwest junction of the Northeasterly side of Kalai≤aua Avenue and erly side of Diamond Head Road; (17) Southeasterly across the Southerly side of Ala Wai (canal) running Northerly Diamond Head Road and along the Southerly side of the along the Easterly side of Kalakaua Avenue to the Southerly Military Road and the same extended to point of beginning. side of King Street; (2) Easterly along the Southerly side of King Street to the Easterly side of Punahou Street; (3) North (h) The seventeenth representative district (1) From erly along the Easterly side of Punahou Street to the North the junction of the Koolau Range and the seacoast at a place erly side of Wilder Avenue; (4) Westerly along the Norther called “Makapuu Point” on the Maunalua-Waimanalo bound ly side of Wilder Avenue to the Southeasterly side of Pilkoi ary and at the most Eastern point of the island of Oahu and Street; (5) Northerly along the Easterly side of Pilkoi running Southwesterly along the seashore to a point on sea Street; (6) Northerly along the Easterly side of Lewalani shore called “Black Point”; (2) Northwesterly along the line Drive to the Northerly side of Nehoa Street; (7) Northeast of the Military Road extended and along the Northerly side erly along top of ridge between the land of Makiki and Kala of said Military Road crossing Kahala Avenue to the junction wahine to a mountain peak called “Puu Ohia” or “Tantalus”; of said Military Road and Diamond Head Road; (3) North (8) Northeasterly along top of ridge between the lands of westerly along the Northeasterly side of Diamond Head Road Pauoa-Manoa and Nuuanu to a point on the Koolau Range to the Southeasterly side of Makapuu Avenue; (4) Northeast caUed “Puu Konahuanui”; (9) Southeasterly along top of erly along the Southeasterly side of Makapuu Avenue to the Koolau Range to a place caUed “Mt. Olympus”; (10) South Southerly side of Kilauea Avenue; (5) Easterly along the westerly along top of Waahila Ridge; (11) Southwesterly Southerly side of Kilauea Avenue to the Easterly side of along top edge of Pablo Valley to the forest reserve bound Ocean View Drive; (6) Northerly along the Easterly side ary; (12) Southwesterly along the Southeasterly boundary of of Ocean View Drive and 13th Avenue to the Northerly side St Louis Heights Tract, Series 2 (File Plan 464) to the of Waialae Avenue; (7) Westerly along the Northerly side Southerly boundary of said St. Louis Heights Tract, Series of Walalae Avenue to the Southeasterly side of Sierra Drive; 2, 100 feet Southeasterly from Alencastre Street; (13) South (8) Northeasterly along the Southeasterly side of Sierra westerly parallel to and 100 feet from the Southeasterly Drive to Mauumae Ridge; (9) Northeasterly along the West side of Alencastre Street and St. Louis Drive to the Norther erly edge of Mauumae Ridge to a place called “Kalepeamoa”; ly side of Waialae Avenue; (14) Westerly along the Norther (10) Northeasterly along top of ridge between the land of ly side of Waialae Avenue; (15) Southerly across Waia]ae Walalae Nlu and Pablo to the top of Koolau Range; (11) Avenue and along the Westerly side of Kapahulu Avenue to Easterly along Koolau Range to point of beginning. the Southwesterly side of Kalakaua Avenue; (16) Westerly SEC T.LON . Until otherwise provided by law in as along the line of the Northerly side of Kapahulu Avenue ex cordance wifFAHicle ifi, Section 10, the salary of members tended to the outer edge of the reef; (17) Northwesterly of the legislature shall be as follows: the sum of $2500 for along the outer edge of the reef to a point on the line extend each general session, the sum of $1500 for each budget ses ed of the Southerly side of Ala Wai (canal); (18) Easterly sion and the sum of $750 for each special session of the along the line extended to the Southerly side of Ala Wai legislature. (canal) to the Southerly side of channel; (19) Easterly along the Southerly side of Ma Wal (canal) to the point of beginning. COMMITTEE OF THE WHOLE REPORT NO. 25 (g) The sixteenth representative district (1) From a Your Committee of the Whole to which was referred point at the seacoast at a place called “Black Point” running Standing Com. Rpt. No. 68 of the Committee on Ordinances Westerly along the seacoast to a point on the Southwesterly and Continuity of Law, and Committee Proposal No. 23 side of Kalakaua Avenue opposite Kapahulu Avenue; (2) accompanying said report, having fully debated and con Easterly across Kalakaua Avenue and Easterly and Northerly sidered said report and proposal, begs leave to report there along the Southerly and Easterly side of Kapahulu Avenue on as follows: to the Southerly side of Waialae Avenue; (3) Easterly along the Southerly side of Waialae Avenue to a point 100 feet Your Committee held meetings on July 3, 1950, July 10, Easterly of St. Louis Drive; (4) Northeasterly across Waia 1950, and July 12, 1950, for purposes of considering said lae Avenue then parallel to and 100 feet from the Southeast report and proposal. erly side of St. Louis Drive and Alencastre Street to the The sections and amendments are discussed in order, Southerly boundary of St. Louis Heights Tract Series 2, File together with reasons or explanations, as noted during de Plan No. 464; (5) Northeasterly along the Southeasterly bate, and as hereinafter set forth. boundary of said St. Louis Heights Tract, Series 2, to the Section 1: As originally proposed, this section reads as Forest Reserve boundary; (6) Northeasterly along top edge follows: of Pablo Valley to the top of Waahila Ridge; (7) Northeast erly along top of Waahila Ridge to a point on Koolau Range The Constitution of the United States is adopted on called “Mt. Olympus”; (8) Easterly along top of Koolau behalf of the people of the State of Hawail. Range; (9) Southwesterly along top of ridge between the Recommendation; Reasons and Explanations: Your com land of Waialae Nui and Pablo to a place called “Kalepeamoa”; mittee recommends that this section be adopted as proposed. (10) Southwesterly along the Westerly edge of Mauumae Ridge to the Northwesterly side of Sierra Drive; (11) South Section 2: This new section 2 is an amendment to the westerly along the Northwesterly side of Sierra Drive to former sections 2 to 10 inclusive. As originally proposed, the Southerly side of Waialae Avenue; (12) Easterly along Sections 2 to 10 inclusive read as follows: COMMITTEE OF THE WHOLE REPORT NO. 25 351 SECTION 2. All rights, actions, suits, proceedings, Recommendation; Reasons and Explanations: Your com prosecutions, judgments, sentences, orders, decrees, mittee recommends that sections 2 to 10 inclusive, be claims, demands, and contracts, existing at the time of amended into one section, Section 2, to read as follows: the admission of this State into the Union shall continue as if the change in the form of government had not oc - SECTION 2. All laws in force at the time this Con curred; and all process which may have been issued stitution takes effect and not inconsistent or incongruous under the authority of the Territory of Hawaii, previous therewith, including, among others, acts of the Congress to its admission into the Union, shall be as valid as if relating to the lands in the possession, use and control issued in the name of the State. of the Territory of Hawaii, shall be the laws of the State and remain in force, mutatis mutandis, until they expire SECTION 3. AU laws of the Territory of Hawail in by their own limitations, or are altered or repealed by force at the time of its admission into the Union as a the Legislature. State, not repugnant to this Constitution, shall remain in Except as otherwise provided by this Constitution, all force, mutatis mutandis, until they expire by their own existing writs, actions, suits, proceedings, civil or limitation, or are altered or repealed by the Legislature. criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, contracts, SECTION 4. AU debts, fines, penalties, forfeitures, claims, demands, titie and rights shall continue unaffect and escheats which have accrued, or may hereafter ed notwithstanding the taking effect of this constitution, accrue, to the Territory of HawaII, or its political sub except that the State shall be the legal successor to the division, shall inure to the State of Hawaii, or its politi Territory of Hawaii in respect thereof, and may be main cal subdivision. tained, enforced or prosecuted, as the case may be, be SECTION 5. AU property, real, personal and mixed, fore the appropriate or corresponding tribunals or agen and all moneys, credits, judgments, decrees, bonds, cies of or under the State or of the United States, in the specialties, choses in action, claims and demands of name of the State, political subdivision, person or other whatever description, and any and all other rights or party entitied to do so, in all respects as fully as could interests therein, belonging to the Territory of Hawaii, have been done prior to the taking effect of this Consti shall inure to and vest in the State of HawaII, and may be tution. sued for, recovered, and enforced by the State of Hawaii in the same manner, and to the same extent, as the same This section continues in effect (a) not only the land laws might or could have been by the Territory of Hawaii. of Hawaii (territorial and federal) except as otherwise pro vided in the constitution, but also (b) the provisions of other SECTION 6. AU recognizances, bonds, obligations, federal laws (not inconsistent with the state constitution or and undertakings entered into or executed to the Terri incongruous with the state system or scheme of government tory of Hawaii, or to any county or city and county, or or laws) such as the Hawaiian Organic Act, insofar as the to any officer, board, commission, or court shall remain same constitute part of the system of laws that are local in valid according to the terms thereof, and may be sued their nature and, if not continued in effect, would cause a upon and recovered by the proper or corresponding hiatus in our local or state government or system of laws. authority under the laws of the State. On the other hand, section 2 would, of course, not continue SECTION 7. AU criminal prosecutions and penal in effect laws of purely federal nature, such as the Mann actions which may have arisen, or which may arise, be Act, or the Interstate Commerce laws having both an inter fore the change from a Territorial to a State government, state commerce application and an express intra-territorial and which shall then be pending, shall be prosecuted to application, which, as applied to a state would be incongruous judgment and execution in the name of the State, with with the state system. Examples of provisions of the feder like effect as though such change had not taken place; al laws continued in effect would be those creating territori and all penalties incurred and punishments inflicted al executive departments not otherwise covered by statute. shall remain the same as if this Constitution had not been This proposed new section 2 includes and fully covers, adopted. among other things, all matters covered by the original sections 2 to 10 inclusive, of Committee Proposal No. 23. SECTION 8. AU civil causes which may be pending in In your committee’s opinion, it has the advantages, both of any of the courts of the Territory of Hawaii at the time being couched in broader and therefore more inclusive of the change from a Territorial to a State government, terms, and of greater brevity. shall be continued and transferred to the court of the State having jurisdiction thereof. Section 3: As originally proposed, this was Section 11 and read as follows: SECTION 9. All books, papers, records, and proceed ings relating to the cases mentioned in the preceding two Section 11. All territorial, county and city and county sections shall be transferred in like maaner to the ap officers and judges of the courts of the Territory of Ha propriate courts. waii who may be in office at the time of the admission of this State into the Union shall continue to discharge the SECTION 10. All civil causes of action and all crimi duties of their respective offices until their succ essors nal offenses which have arisen or been committed prior shall have qualified in accordance with this Constitution to the admission of this State, but as to which no suit, or the laws enacted pursuant thereto. action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the Recommendation; Reasons and Explanations: Your com mittee recommends that the section be renumbered Section appropriate courts of the State or of the United States, in like manner, to the same extent, and with like right 3 and be amended to read as follows: of appellate review, as if the State had been created and Section 3. Except as otherwise provided by this Con said State courts had been. established prior to the accrual stitution, all executive officers of the Territory of Ha of such causes of action or the commission of such of waii or any political subdivision thereof and all judicial fenses. officers who may be in office at the time of the admission 352 JOURNAL DOCUMENTS of this State into the Union shall continue to exercise and Section 6. The provisions of Section of Article discharge the powers and duties of their respective of shall not be mandatory until fouij~~s from the fices until their successors shall have qualified in ac ~äti~f admission of this State to the Union. The legis cordance with this Constitution or the laws enacted pur lature shail within three years from the time of said suant thereto. date of admission, allocate and group the executive and administrative offices, departments and instrumental The amended section does not change the substance of ities of the state government and their respective functiom the original Section 11. powers and duties, among and within the principal de Section 4: This is a new section and was offered as an partments pursuant to said Section of Article amendment to Committee Proposal No. 23 in the following If such ailocation and grouping shall not have beii language: completed within such period, the governor, within one year thereafter, by Executive Order, shall make such Section 4. All acts of the legislature of the Territory allocation and grouping. of Hawaii authorizing the issuance of bonds by the Terri Recommendation; Reasons and Explanation: Your com tory of Hawaii or Its political subdivisions are hereby mittee recommends that the section be adopted in the lan approved, subject however to amendment or repeal by the legislature, and such bonds may be issued by the state guage proposed above. and its political subdivisions pursuant to said acts. When It is felt that four years should be allowed to complete ever in said acts the approval of the President or of the the allocation and grouping contemplated by Section of Congress is required, the approval of the governor shall Article . It is understood that any allocation aiiW suffice. groupinjWhich might be made by the governor within the one year period following the three year period allowed for Recommendation; Reasons and Explanation: Your com the legislature to act, will be subject to change by the leg mittee recommends that this section be adopted in the lan islature under its general legislative powers. guage proposed above. Section 7. This is a new section which was proposed as Although the substance of this section is undoubtedly an amendment to Committee Proposal No. 23 in the follow fully covered by the broader provisions of section 2 of Com ing language: mittee Proposal No. 23 as hereinabove proposed to be amended, and by a further general provision in Committee Section 7. Requirements as to residence, citizenship Proposal No. 24, your committee felt that due to (1) the or other status or qualifications in, or under the authori great importance of maintaining the credit of the state in ty of, the State prescribed by this Constitution shall be respect of its past bonded indebtedness (to be inherited from satisfied pro tanto by corresponding residence, citizen the Territory) and proposed future bond issues, (2) the ship or other status or qualifications in, or under the necessity of expressly providing a substitute for the pro authority of, the Territory. visions of territorial laws authorizing bonds not yet issued, Recommendations; Reasons and Explanation: Your com which require C ongressional or Presidential approval, and mittee recommends that the section be adopted in the lan (3) the rigid scrutiny given to our laws by mainland bond guage proposed above. attorneys whenever a bond issue is proposed, it would be This section relates to all requirements, not only of wise to have a separate section dealing expressly with such residence, citizenship or other status or qualifications, but territorial bond laws. also of duration of the same. For instance, under its pro visions, the period of residence in or under the Territory Section 5: This is a new section which was proposed as prior to statehood can be added to that in or under the State an amendment to Committee Proposal No. 23 in the follow thereafter to fulfill requirements of residence in the “State” ing language: or any part thereof under the constitution. Likewise where Section 5. Unless otherwise provided by law, the the constitution requires that an attorney shall have been lieutenant governor shall exercise and discharge the admitted to the bar of the “State” for ten years before he is powers and duties of the secretary of the Territory of eligible for appointment as a justice or judge, this section Hawaii. will constitute admission to the bar of the Territory a com pliance with the requirement of admission to the bar of the Recommendation; Reasons and Explanation: Your com State, as weil as permit the addition of the period of member mittee recommends that the section be adopted in the lan ship in the Territorial bar to the period of membership in guage proposed above. the State bar after statehood. This constitution has provided for a lieutenant governor, but not expressly for a secretary of state. The Territory Section 8: This is a new section which was proposed as has a secretary with certain powers and duties, some pre an amendment to C ommittee Proposal No. 23 in the follow scribed by the Hawaiian Organic Act and some by territori ing language: al laws. It is not known whether the legislature will desire Section 8. Until the legislature shall otherwise pro to have both a lieutenant governor with the limited duties vide under Article of this Constitution, the chief prescribed by the constitution and a secretary of state. justice, justices oflifhiupreme court and judges of the Hence your committee feels it wise to provide temporarily circuit courts shall receive as compensation for their for the lieutenant governor to perform all of the functions services the sums of $17,500, $17,000 and $15,000, per of the secretary of the territory, until or unless the legis annum, respectively, which shail, notwithstanding the lature (either of the Territory before admission or of the provisions of Article of this Constitution be subject State after admission) shall hereafter otherwise expressly to increase or decreã~iWythe first session of the legis provide. lature of the State Section 6: This is a new section which was proposed as Recommendation; Reasons and Explanation: Your c om - an amendment to the Committee Proposal No. 23 in the mittee recommends that the committee adopt the section in following language: the language proposed above. COMMITTEE OF THE WHOLE REPORT NO. 25 353 The article referred to in this section is the Judiciary such assistants and employees at such compensation as Article, which prohibits any diminishing of compensation of shall be determined by the commission with the approval a justice or judge during his term of office, and this section of the governor. Such assistants and employees shall makes it clear that the State legislature will be free, at its not be subject to the civil service and classification laws first session, to fix judicial salaries at lower or higher relating to public officers and employees. amounts than those prescribed in this section, effective during the terms of any incumbents. Reasons for Deletion: The committee was of the opinion that the subject matter of this section should be left to the Section 9: As originally proposed, this was Section 14 legislature, which would meet in special session immediate and read as follows: ly after admission of Hawaii as a State. Section 14. The provisions of this constitution shall Conclusion: Attached hereto your committee submits an be self-executing to the fullest extent that their respective amended article incorporating all amendments hereinabove natures permit. recommended and numbered Committee Proposal No. 23. Recommendation; Reasons and Explanation: Your com For the reasons hereinabove set forth, your Committee mittee recommends that the section be numbered Section 9 of the Whole recommends: and be adopted in the language stated above. (1) That Standing Com. Rpt. No. 68 be adopted, except Section 10: As originally proposed, this was Section 15 as the same may be inconsistent with the provisions and re and read as follows: commendations of this report; and (2) that Proposal No. 23 (a copy of which is hereto attached), be amended in the Section 15. This Constitution shall take effect and be manner hereinabove proposed, and that, as amended, it be in full force immediately upon the admission of Hawaii adopted and pass second reading. —July 14, 1950 into the Union as a State. Nelson K. Doi, Chairman Recommendation; Reasons and Explanation: Your com mittee recommends that the section be numbered Section 10 COMMITTEE PROPOSAL NO. 23, RD 1 and be adopted in the language stated above. Your committee recommends that sections 12 and 13 be RELATING TO SCHEDULE ON CONTINUITY OF LAWS deleted. RIGHTS, ACTIONS, ETC. As originally proposed section 12 reads as follows: RESOLVED, that the following be agreed upon as part of Section 12. The laws of Hawaii relating to the lands the State Constitution: in the possession, use and control of the Territory, as ARTICLE amended, modified or supplemented by Acts of C ongress (which said Acts of Congress are hereby adopted as laws SEC ‘RON 1. The Constitution of the United States is a of the State), shall, except as otherwise provided in this dopted on behalf of the people of the State of Hawaii. Constitution, continue in effect as laws relating to the SECTION 2. All laws in force at the time this Constitu land owned by or under the control of the State, subject tion takes effect and not inconsistent or incongruous there to amendment or repeal by the Legislature. Provided, with, including, among others, acts of the Congress relating however, that for the period of five years after the ad to the lands in the possession, use and control of the Terri mission of this State unless otherwise provided by the tory of Hawaii, shall be the laws of the State and remain in legislature no sale or other transfer of the public domain force, mutatis mutandis, until they expire by their own limi of the State or any interest therein shall be deemed to be tations, or are altered or repealed by the Legislature. mandated by any law adopted by this section, or by any Except as otherwise provided by this Constitution, all petition presented thereunder, notwithstanding any pro existing writs, actions, suits, proceedings, civil or criminal vision of such law to the contrary. liabilities, prosecutions, judgments, sentences, orders, de - Reason for Deletion: The committee is of the opinion crees, appeals, causes of action, contracts, claims, demands, that the subject matter of this section Is adequately covered title and rights shall continue unaffected notwithstanding the in the new section 2. As originally proposed Section 13 taking effect of this Constitution, except that the State shall read as follows: be the legal successor to the Territory of Hawaii in respect thereof, and may be maintained, enforced or prosecuted, Section 13. The Governor shall appoint, within 30 days as the case may be, before the appropriate or corresponding after the effective date of this Constitution a Law Re tribunals or agencies of or under the State or of the United vision Commission of five members whose duty it shall States, in the name of the State, political subdivision, per be to examine all the laws of the Territory of Hawaii in son or other party entitied to do so, in all respects as fully force immediately prior to such effective date, and to as could have been done prior to the taking effect of this make a report to the legislature or legislatures sitting C onstitution. during the period of two years immediately following said date recommending such amendments or repeals of such SECTION 3. Except as otherwise provided by this Con stitution, all executive officers of the Territory of Hawaii existing laws and the enactment of such other laws as may be necessary in their judgment to conform to or or any political subdivision thereof and all judicial officers who may be in office at the time of the admission of this carry out the requirements of this Constitution. The sums necessary for the purposes of this Section State into the Union shall continue to exercise and discharge the powers and duties of their respective offices until their shall be paid out of any moneys in the Treasury of the State not otherwise appropriated, upon vouchers signed successors shall have qualified in accordance with this Con by the chairman or acting chairman of such Commission. stitution or the laws enacted pursuant thereto. The compensation of the members of the commission SECTION 4. All acts of the legislature of the Territory shall be fixed by the governor, and the commission, with of Hawaii authorizing the issuance of bonds by the Territory the approval of the governor, shall have power to enguge of Hawaii or its political subdivisions are hereby approved, 354 JOURNAL DOCUMENTS subject however to amendment or repeal by the legislature, That no person who advocates, or who belongs to any and such bonds may be issued by the State and Its political party, organization, or association which advocates, the subdivisions pursuant to said acts. Whenever in said acts overthrow by force or violence of the government of this the approval of the President or of the Congress is required, State or of the United States of America shall be qualified the approval of the governor shall suffice. to hold any public office of trust or profit or any public employment under this Constitution. SEC TION 5. Unless otherwise provided by law, the lieu tenant governor shall exercise and discharge the powers and Recommendation; Reasons and Explanations: Your com duties of the secretary of the Territory of Hawaii. mittee recommends that this section be adopted as amended to read as follows: SECTION 6. The provisions of Section of Article shall not be mandatory until four y&Thirom the date No person who advocates, or who aids or belongs to ~flrmission of this State to the Union. The legislature any party, organization, or association which advocates, shall within three years from the time of said date of ad the overthrow by force or violence of the government of mission, ailocate and group the executive and administrative this State or of the United States of America shall be offices, departments and instrumentalities of the state qualified to hold any public office or any public employ government and their respective functions, powers and duties, ment. among and within the principal departments pursuant to said The committee is of the opinion that one must “knowingly” Section of Article aid before he violates the prohibition of the section. The If su~1flflocation anWji&iping shall not have been com - words, “of trust or profit” were deleted for the purpose of pleted within such period, the governor, within one year broadening the class that can’t hold office, i.e., no one who thereafter, by Executive Order, shall make such allocation is seeking to overthrow the government should hold any of and grouping. fice or employment. The words “under this constitution” SECTION 7. Requirements as to residence, citizenship were deleted to further broaden the section so that it can or other status or qualifications in, or under the authority not be held to be restricted to public offices and employ of, the State prescribed by this Constitution shall be satis ments created directly by this constitution but will cover all fied pro tanto by corresponding residence, citizenship or public offices and employments of or under the State or its other status or qualifications in, or under the authority of, political subdivisions regardless of whether they were ex the Territory. pressly created by the constitution or pursuant to authori zation thereof or laws enacted thereunder. SECTION 8. Until the legislature shall otherwise pro Section 2: As originally proposed, this section reads as vide under Article of this Constitution, the chief justice, follows: justices of the supThiiiicourt and judges of the circuit courts shall receive as compensation for their services the That perfect toleration of religious sentiment shall be sums of $17,500, $17,000 and $15,000 per aanum, respective secured, and that no inhabitant of this State shall ever be ly, which shall, notwithstanding the provisions of Article molested in person or property on account of his or her of this Constitution be subject to increase or decrease by mode of religious worship. the first session of the legislature of the State. Recommendation; Reasons and Explanations: Your com SECTION 9. The provisions of this Constitution shall be mittee recommends that this section be deleted. self-executing to the fullest extent that their respective The committee is of the opinion that this sectipn is fully natures permit. and adequately covered by the article on the B ill of Rights. SECTION 10. This Constitution shall take effect and be Section 3: As originally proposed, this section reads as in full force immediately upon the admission of Hawaii in- follows: to the Union as a State. That provision shall be made for the establishment and maintenance of a system of public schools, in which COMMITTEE OF THE WHOLE REPORT NO. 26 no segregation shall be made by reason of race, and which shall be open to all the children of this State and Your Committee of the Whole to which was referred free from sectarian control. Standing Com. Rpt. No. 70 of the Committee on Ordinances and Continuity of Law, and Committee Proposal No. 24 ac Recommendation; Reasons and Explanations: Your com companying said report and entitied, “A Proposal Relating mittee recommends that the section be deleted. to Ordinances and Continuity of Law,” having fully debated This section is adequately covered in the articles on B ill and considered said report and committee proposal, begs of Rights and on Education. leave to report thereon as follows: Section 4: As originally proposed, this section reads as At a meeting of your committee on July 10, 1950, the follows: said proposal was deferred to the next day without any con That the debts and liabilities of the Territory of Ha- sideration. On July 11, 1950 your committee fully consider wail shall be assumed and paid by the State of Hawail, ed and concluded its deliberations on Proposal No. 24. and all debts owed to said Territory of Hawail shall be The heading, “Ordinances” and the clause “Be it Ordained collected by said State. by the People of Hawaii” were deleted. This was done to comply with H. R. 49, Committee Print C, which deletes re Recommendation; Reasons and Explanations: Your com ference to “ordinances.” mittee recommends that the section be adopted as amended The sections and amendments are discussed in order, to read as follows: together with reasons or explanations, as noted during de The debts and liabilities of the Territory of Hawati bate, and, as hereinafter set forth. shall be assumed and paid by the State of Hawail and all Section 1: As originally proposed, this section reads as debts owed to said Territory of HawaII shall be collected follows: by said State. COMMITTEE OF THE WHOLE REPORT NO. 26 355 The committee was of the opinion that this section was Section 8: As originally proposed, this section reads as surplusage, in view of the broader provisions in Committee follows: Proposal No. 23, but felt that since the Senate had expressly required such a provision in H. R. 49, we should literally The foregoing sections are irrevocable without the comply with such requirement, particularly since it relates consent of the United States and the people of this State. largely to bonds. Recommendation; Reasons and Explanations: Your com Section 5: As originally proposed, this section reads as mittee recommends that the section be deleted. follows: H. R. 49 does not require such a provision, and any matters agreed to by this State in the constitution which That the lands and other property belonging to citizens might properly be considered irrevocable without the con of the United States residing without the State shall never sent of the United States are specifically covered in the be taxed at a higher rate than the lands and other property constitution by sell-executing provisions. belonging to residents thereof. Section 9: As originally proposed, thin section reads as Recommendation; Reasons and Explanations: Your com follows: mittee recommends that the section be deleted. This section is covered fully in the article on Taxation Having Ml faith that the Congress of the United States and Finance. will accord to the State of Hawaii all of the powers and prerogatives of a sovereign state and will in its determin Section 6: As originally proposed, thin section reads as ation of the disposition of the public lands and other pub follows: lic property in Hawaii, give due consideration to the terms and provisions of the cession and transfer thereof by the That the property in the Territory of Hawaii set aside Republic of Hawaii, the people of Hawaii do hereby author- by Act of Congress or by Executive Order or proclamation ice, empower and direct their representatives, who until of the President or the Governor of Hawaii for the use of and unless the Legislature shall otherwise provide shall the United States and remaining so set aside immediately be the Governor of Hawaii, the Commissioner of Public prior to the admission of the State of Hawaii into the Lands, and the President of the Board of Commissioners Union is ceded to the United States, as more particularly of Agriculture and Forestry (as officers of the Territory provided in the next section of thin Ordinance. of Hawaii or as officers of the State of Hawaii succeeding Recommendation; Reasons and Explanations: Your com to their duties and functions), or any two of them, to pre mittee recommends that the section be deleted. sent to the Congress of the United States or to such com This section is fully covered by the article on Agriculture, mittees or executive departments as the Congress may Conservation and Land. direct, the claims of the people of Hawaii to the lands and other public property and interests in property not dis Section 7: As originally proposed, this section reads as claimed or encumbered by the provisions of this Consti follows: tution. Said Governor of Hawaii, the Commissioner of That authority Is granted to and acknowledged in the Public Lands, and the President of the Board of Commis United States to the exercise by the Congress of the sioners of Agriculture and Forestry (as officers of the United States of the power of exclusive legislation, as Territory of Hawaii or as officers of the State of Hawaii provided by article I, section 8, clause 17, of the Consti succeeding to their duties and functions), or any two of tution of the United States, in all cases whatsoever over them, until and unless the Legislature shall otherwise such tracts or parcels of land as, immediately prior to provide, are further authorized, empowered and directed, the admission of the State, are owned by the United States to make selections of lands on behalf of the people of and held for military, air, naval, or coast-guard purposes, Hawaii, as and at the times directed by the Congress of whether title to such lands was acquired by cession and the United States. transfer to the United States by the Republic of Hawaii and Your committee at first voted to amend the section to set aside by Act of Congress or by Executive order or read as follows: proclamation of the President or the Governor of Hawaii Having full faith that the Congress of the United States for the use of the United States, or acquired by the United will accord to the State of Hawaii aU of the powers and States by purchase, condemnation, donation, exchange, or prerogatives of a sovereign state and will, in its determin otherwise: Provided, That the State of Hawaii shall have ation of the disposition of the public lands and other public the right to serve civil or criminal process within the property in Hawaii, give due consideration to the terms said tracts or parcels of land in suits or prosecutions and provisions of the cession and transfer thereof by the for or on account of rights acquired, obligations incurred, or crimes committed within the State but outside of the Republic of Hawaii, the people of Hawaii do hereby author said tracts or parcels of land; and shall have the right ize, empower and direct their representatives, who until to tax persons and corporations, their franchises and and unless otherwise provided by law shall be the Gover property, within the said tracts or parcels of land; and nor of Hawaii, the Commissioner of Public Lands, and that persons now or hereafter residing on the said tracts the President of the Board of Commissioners of Agri or parcels of land shall not be deprived thereby of the culture and Forestry (as officers of the Territory of Ha right to vote at all elections held within the political waii or as officers of the State of Hawaii succeeding to subdivisions where they respectively reside. their duties and functions), to present to the Congress of the United States or to such committees or executive de Recommendation; Reasons and Explanations: Your com partments as the Congress may direct, the claims of the mittee recommends that the section be deleted. people of Hawaii to the lands and other public property The provisions in this section were originally required and interests in property. Said Governor of Hawaii, the by H. R. 49, but such requirement has been deleted in the Commissioner of Public Lands, and the President of the amendments recommended by the Senate Committee on In Board of Commissioners of Agriculture and Forestry (as terior and Insular Affairs (H. R. 49, Calendar No. 1931). officers of the Territory of Hawaii or as officers of the 356 JOURNAL DOCUMENTS State of Hawaii succeeding to their duties and functions), All those provisions of the Act or Resolution admitting until and unless otherwise provided by law, are further this State to the Union, or providing for such admission, authorized, empowered and directed, to make selections which reserve to the United States judicial rights or of land on behalf of the people of Hawaii. powers, are consented to fully by the State and its people; and those provisions of said Act or Resolution which pre Recommendation; Reasons and Explanations: Your com serve for the State judicial rights and powers are hereby mittee recommends that the section as amended be deleted. accepted and adopted, and such rights and powers are The committee felt that Hawaii would not be entitled to hereby assumed, to be exercised and discharged pursuant select the 180,000 acres of land authorized by H. R. 49 to to this Constitution and the laws of the State. be initially selected and patented to this state, until Hawaii becomes a state. After admission Hawaii will have five Recommendations; Reasons and Explanations: Your Com years to select the 180,000 acres, as well as to present its mittee recommends the adoption of this section in the lan claims to the remaining unselected lands. The majority guage stated above. felt that there was no need for haste in providing for such This section was added to comply with the last clause of selection and presentation of claims, and that provision paragraph 7 of H. R. 49 as so proposed to be amended (Calen therefor should be left to the legislature. dar 1931), for the same reasons above mentioned with re spect to selection 11 hereinabove. Section 10: It was proposed that Committee Proposal No. 24 be amended by adding thereto a new section 10 to Conclusion: Attached hereto your committee submits an read as follows: amended article incorporating all amendments hereinabove recommended, and the sections as renumbered. No taxes shall be imposed by the State upon any lands For the reasons hereinabove set forth, your committee or other property now owned or hereafter acquired by recommends: the United States, except as the same shall become tax (1) that Standing Com. Rpt. No. 70 be adopted insofar as able by reason of disposition thereof by the United States the same is not inconsistent with this report; and or by reason of the consent of the United States to such (2) that Committee Proposal No. 24 be amended in the taxation. manner hereinabove proposed and that, as so amended, it Recommendations; Reasons and Explanation: Your Com pass second reading. —July 14, 1950 mittee recommends that the amendment as proposed be a Nelson K. Doi, Chairman dopted in the above language. This section is recommended to comply with paragraph 7 COMMITTEE PROPOSAL NO. 24, RD 1 of Section 2 of H. R. 49 as proposed to be amended by the Senate Committee on Interior and Insular Affairs (H. R. 49, RELATING TO ORDINANCES AND CONTINUITY OF LAW Calendar No. 1931.) Your committee feels that this new section is declaratory of the law as laid down by the United RESOLVED, that the following be agreed upon as part of States Constitution and that it substantially complies with the State Constitution: the requirements of said paragraph 7 of H. R. 49 (Calendar ARTICLE 1931). SECTION 1. No person who advocates, or who aids or Section 11. This section is a new section which was pro belongs to any party, organization, or association which ad posed as an amendment to Committee Proposal No. 24. The vocates, the overthrow by force or violence of the govern section as proposed reads as follows: ment of this State or of the United States of America shall Section 11. All provisions of the Act or Resolution be qualified to hold any public office or any public employ admitting this State to the Union, or providing for such ment. admission, which reserve to the United States jurisdiction SECTION 2. The debts and liabilities of the Territory of of Hawaii National Park, or the ownership or control of Hawaii shall be assumed and paid by the State of Hawaii, and lands within Hawaii National Park, are consented to fully all debts owed to said Territory of Hawaii shall be collected by the State and its people. by said State. Recommendation; Reasons and Explanations: Your com mittee recommends the adoption of this amendment in the SECTION 3. No taxes shall be imposed by the State upon above language. any lands or other property now owned or hereafter acquired Your committee feels that the proper method of comply by the United States, except as the same shall become tax ing with the requirements of the last clause of paragraph 7 able by reason of disposition thereof by the United States or of H. R. 49 as proposed to be amended by the Senate Com by reason of the consent of the United States to such taxation. mittee on Interior and Insular Affairs (Calendar 1931) is to specifically agree to each matter covered by said H. R. SECTION 4. All provisions of the Act or Resolution ad 49 as to which agreement is required of this State, rather mitting this State to the Union, or providing for such ad than by a blanket provision in the exact words of said para mission, which reserve to the United States jurisdiction of graph 7. Accordingly, this being one of such matters, your Hawaii National Park, or the ownership or control of lands committee recommends specific agreement thereto in this within Hawaii National Park, are consented to fully by the form, together with other similar provisions as to other State and its people. specific matters of the same type, elsewhere covered by SECTION 5. All those provisions of the Act or Resolution this constitution, including the article on the Hawaiian Homes admitting this State to the Union, or providing for such ad Commission. mission, which reserve to the United States judicial rights Section 12: This section is a new section which was pro or powers, are consented to fully by the State and its people; posed as an amendment to Committee Proposal No. 24. It and those provisions of said Act or Resolution which pre adds to the proposal. The section as proposed reads as serve for the State judicial rights and powers are hereby follows: accepted and adopted, and such rights and powers are hereby COMMITTEE OF THE WHOLE REPORT NO. 27 357 assumed, to be exercised and discharged pursuant to this done to avoid confusion with the term “general election” as Constitution and the laws of the State. used in the election laws and in the constitution. Section 2: As originally proposed, this section reads as follows: COMMITTEE OF THE WHOLE REPORT NO.27 Section 2. Said election shall take place not earlier Your Committee of the Whole to which was referred than 60 days nor later than 90 days after said proclamation Standing Com. Rpt. No. 73 of the Committee on Ordinances by the Governor ordering the same, or if a primary elec and Continuity of Law, and Committee Proposal No. 25 ac tion is to be held, then the primary election shall take companying said report, having fully considered said report place not earlier than 60 days nor later than 90 days after and proposal, begs leave to report thereon as follows: said proelamation by the Governor, and the general elec tion shall take place within 40 days after the primary Your committee held meetings on July 11, 1950, and July election. Such election or elections shall be held, and 12, 1950, for purposes of considering said report and pro the qualifications of voters thereat shall be, as prescribed posal. by this Constitution and the laws of this State for the The sections and amendments are discussed in order, election of members of the State legislature, except as together with reasons or explanations, as noted during de otherwise provided by ordinance of this Constitutional bate, and, as hereinafter set forth. Convention duly ratified by the people. The returns Section 1: As originally proposed, the first section reads thereof shall be made, canvassed, and certified in the as follows: same manner as hereinbefore prescribed with respect to the election for the ratification or rejection of this Section 1. That in case the people of the Territory of C onstitution. Hawaii ratify this Constitution and the President of the United States approves the same, the Governor of the Recommendation; Reasons or Explanation: Your com Territory of Hawaii shall, within 30 days after receipt mittee recommends that this section be amended to read as of notification from the President certifying such approv follows: al, issue his proclamation for an election, or primary Section 2. Said primary election shall take place not and general elections, as may be required, at which of earlier than 60 days nor later than 90 days after said ficers for all elective offices provided for by this Consti proclamation, and the final election shall take place with tution and laws of this State, except those officers for in 40 days after the primary election. Such elections which this Constitutional Convention, by ordinance duly shall be held, and the qualifications of voters thereat ratified by the people, shall have made other temporary shall be, as prescribed by this Constitution and by the provisions, shall be chosen by the people; but the officers laws, relating to the election of members of the legis so to be elected shall in any event include two Senators lature at primary and general elections. The returns and two Representatives in Congress, and unless and thereof shall be made, canvassed and certified in the until otherwise required by ordinance of this Convention same manner as prescribed by law with respect to the duly ratified by the people, or by this Constitution or election for the ratification or rejection of this Constitu laws of this State, said Representatives shall be elected tion. at large. The amendment eliminates all references to ordinances, Recommendation; Reasons or Explanation: Your Com in accordance with the latest proposed amendments to H. R. mittee recommends that this section be amended to read as 49 (Calendar No. 19 ), makes it clear that a primary and follows: a final election are Ebe held for election of the first state officers, and uses language more appropriate to cover the Section 1. Elections. In case the people of the Terri situations contemplated as well as to satisfy the require tory ratify this Constitution and the same is approved by ments of H. R. 49. the duly constituted authority of the United States, whose approval thereto may be required, the governor of the Territory shall, within 30 days after receipt of the of Section 3: As originally proposed, this section reads as ficial notification of such approval, issue his proclamation follows: for primary and final elections, as hereinafter provided, Section 3. When said election of said officers above at which officers for all state elective offices provided provided for shall be held and the returns thereof made, for by this Constitution shall be nominated and elected; canvassed, and certified as hereinbefore provided, the but the officers so to be elected shall in any event include Governor of the Territory of Hawaii shall certify the two senators and two representatives to the Congress, result of said election, as canvassed and certified as and unless and until otherwise required by law, said re herein provided, to the President of the United States. presentatives shall be elected at large. Recommendation; Reasons or Explanation: Your com “The President of the United States approves the same” mittee recommends that this section be amended to read was changed to “the same is approved by the duly constituted as follows: authority of the United States, whose approval thereto may be required,” and the words “notification from the President Section 3. When said election shall be held and the certifying” were changed to “official notification of” so that returns thereof so made, canvassed and certified, the in case Congress or any other authority besides the Presi governor shall certify the results thereof to the Presi dent should be authorized to give the necessary approval or dent. certification, this section would still be applicable. The amendment eliminates redundancy. “General” election was changed to read “final” election, which language is intended to mean the election held after Section 4: As originally proposed, this section reads as the primary election in the first State election. This was follows: 358 JOURNAL DOCUMENTS Section 4. Upon the issuance by the President of the Section 7. The governor and the lieutenant governor, United States of his proclamation announcing the result elected at the first election, shall each hold office for a of said election so ascertained and the admission of the term beginning with his election and ending at noon on State of Hawaii into the Union, the officers elected at the first Monday in December following the second gener said election, and qualified under the provisions of this al election. Constitution and laws of this State, shall proceed to exer Recommendation; Reasons or Explanation: Your com cise all the functions pertaining to their offices in or mittee recommends that this section be adopted in the lan under or by authority of the governor of this State, and guage proposed above. officers not required to be elected at said initial election The governor and lieutenant governor, under the article shall be selected or continued in office as provided by on the executive, are each given a four-year term. This ordinances of the Constitutional C onvention duly ratified section provides for the initial term, which in all probabili by the people, or by the Constitution and laws of this ty will not be exactly four years, and which will end at noon State. on the first Monday in December following the second gener Recommendation; Reasons or Explanation: Your Commit al election subsequent to the “final” election at which the tee recommends that this section be amended to read as first governor and lieutenant governor are elected. Al follows: though this section provides that such term shall begin with the election of each, It is quite obvious that they will not Section 4. Upon the issuance by the President of his commence to exercise their official functions until the actu proclamation announcing the result of said election and al admission of the State to the Union. it is probable, there the admission of this State to the provisions of this Con fore, that their initial terms will be somewhat less than stitution four years. the admission of this State to the Union, the officers elec ted and qualified under the provisions of this Constitution Section 8: This is a new section and was offered by way and the laws of this State shall proceed to exercise and of an amendment to Committee Proposal No. 25 in the discharge the powers and duties pertaining to their res - following language: pective offices. Section 8. The term of office of the members of the The amendment eliminates redundancy, and references legislature elected at the first election shall be as follows to ordinances in line with the latest proposed amendments Members of the house of representatives shall hold of H. R. 49. office for a term beginning with their election and ending Section 5: As originally proposed, this section reads as on the day of the second general election held thereafter. follows: Members of the senate shall be divided into two classe The first class shall consist of the following number elec. Section 5. The Governor and Secretary of this State, ted with the highest number of votes from their respectiv~ or other officer thereunto authorized, shall certify the senatorial districts: first district, 3; second district, 1; election of the Senators and Representatives in the third district, 2; fourth district, 3; fIfth distrIct, 2; and manner required by law. sixth district, 2. Members of the first class shall hold Recommendation; Reasons or Explanation: Your Com office for a term beginning with their election and ending mittee recommends that this section be amended to read as on the day of the third general election held thereafter. follows: The remaining members elected to the senate at such election shall constitute the second class, who shall hold Section 5. The governor and secretary of State shall office for a term beginning with their election and ending certify the election of the senators and representatives on the day of the second general election held thereafter. to the Congress in the manner required by law. For this purpose, the lieutenant governor of this State shall be Recommendation; Reasons or Explanation: Your com deemed ex officio secretary of state. mittee recommends that this section be adopted in the lan guage proposed above. This amendment makes it clear that the governor and Again, it is obvious that, although this section provides lieutenant governor (constituted ex officio secretary of state that the legislators shall “hold office” for a term beginning for this purpose) are to certify the election of senators with their election, they will not be able to actually exercise and representatives to the Congress, in compliance with and discharge the powers and duties of their office until H. R. 49. after admission of the State to the Union. Section 6: This is a new section and was offered by way Conclusion: Attached hereto your committee submits an of an amendment to Committee Proposal No. 25 in the follow amended article incorporating all amendments hereinabove ing language: recommended and numbered Committee Proposal No. 25. Section 6. Ten days after the admission of this State For the reasons hereinabove set forth, your Committee to the Union, the legislature shall convene in special ses of the Whole recommends: 5 ion. (1) That Standing Com. Rpt. No. 73 be adopted insofar as Recommendation; Reasons or Explanation: Your com it is not inconsistent with this report; mfttee recommends that this section be adopted in the lan (2) That Committee Proposal No. 25 be amended in the guage proposed above, in order to insure that the State leg manner hereinabove proposed, and that, it pass second read islature will meet as soon as practicable after admission to ing.—Jzcly 14, 1950 statehood to provide for any adjustments not fully covered Nelson K. Doi, Chairman by the constitution. Section 7: This is a new section and was offered by way of an amendment to Committee Proposal No. 25 in the following language: COMMITTEE OF THE WHOLE REPORT NO. 28 359 COMMITTEE PROPOSAL NO. 25, RD 1 district, 2; fourth district, 3; fifth district, 2; and sixth dis trict, 2. Members of the first class shall hold office for a RELATING TO THE INITIAL ELECTION IN THE STATE term beginning with their election and ending on the day of RESOLVED, that the following be agreed upon as part of the third general election held thereafter. The remaining the State Constitution: members elected to the senate at such election shall con stitute the second class, who shall hold office for a term be ARTICLE. INITIAL ELECTION ginning with their election and ending on the day of the second general election held thereafter. SECTION 1. Elections. In case the people of the Terri tory ratify this Constitution and the same is approved by the duly constituted authority of the United States, whose approval thereto may be required, the governor of the Terri tory shall, within 30 days after receipt of the official notif i COMMITTEE OF THE WHOLE REPORT NO. 28 cation of such approval, issue his proclamation for primary Your C ommittee of the Whole to which was referred and final elections, as hereinafter provided, at which officers Standing Com. Rpt. Nos. 92, 95, 99 and 102, Committee for all state elective offices provided for by this Constitution Proposals Nos. 29 and 30, and Misc. Com. Nos. 112, 113 shall be nominated and elected; but the officers so to be and 114, on July 13, 1950, filed its written report (Commit elected shall in any event include two senators and two re tee of the Whole Report No. 24), recommending the passage presentatives to the Congress, and unless and until other of C ommittee Proposals Nos. 29 and 30, with certain amend wise required by law, said representatives shall be eleàtéd ments, and orally reported recommending the further a at large. mendment of Committee Proposal No. 29, by amending Sec SECTION 2. Said primary election shall take place not tion 17 thereof, in order to clarify the operation of the veto earlier than 60 days nor later than 90 days after said pro after the legislature had adjourned, begs leave to report as clamation, and the final election shall take place within 40 follows: days after the primary election. Such elections shall be held, and the qualifications of voters thereat shall be, as That the second paragraph of Section 17 of Committee prescribed by this Constitution and by the laws relating to Proposal No. 29, RD 1, be amended to read as follows: the election of members of the legislature at primary and The governor shall have ten days, Sundays and holi general elections. The returns thereof shall be made, can days excluded, to consider bills presented to him ten vassed and certified in the same manner as prescribed by days or more before the adjournment of the legislature law with respect to the election for the ratification or re sine die, and if any such bill is neither signed nor re jection of this Constitution. turned by the governor within that time, it shall become SECTION 3. When said election shall be held and the re law in like manner as if he had signed it. turns thereof so made, canvassed and certified, the gover The governor shall have 45 days, after the adjourn nor shall certify the result thereof to the President. ment of the legislature sine die, Sundays and holidays excluded, to consider bills presented to him less than SECTION 4. Upon the issuance by the President of his ten days before such adjournment, or presented after ad proclamation announcing the result of said election and the journment, and any such bill shall become law on the admission of this State to the Union, the officers elected 45th day unless the governor shall have given, by pro and qualified under the provisions of this Constitution and clamation, ten days’ notice to the legislature that he plans the laws of this State shall proceed to exercise and discharge to return such bill with his objections on the said 45th the powers and duties pertaining to their respective officers. day. The legislature may convene at or before noon on SECTION 5. The governor and secretary of state shall the said 45th day in special session, without call, for the certify the election of the senators and representatives to sole purpose of acting upon any such bill returned by the the Congress in the manner required by law. governor. In case the legislature shall fail to so convene, For this purpose, the lieutenant governor of this State such bill shall not become law. Any such bill may be a- shall be deemed ex officio secretary of state. mended to meet the governor’s objections and, ~ so a- mended and passed, only one reading being required in SECTION 6. Ten days after the admission of this State each house for such passage, it shall be presented again to the Union, the legislature shall convene in special ses to the governor, but shall become law only if he shall s ion. sign it within ten days after presentation, Sundays and SECTION 7. The governor and the lieutenant governor, holidays excluded. elected at the first election, shall each hold office for a term Your committee, therefore, recommends the adoption of beginning with his election and ending at noon on the first said Committee of the Whole Report of July 13, 1950, as Monday in December following the second general election. supplemented by this report, and the passage on second SECTION 8. The term of office of the members of the reading of Committee Proposal No. 29, as amended, pursu legislature elected at the first election shall be as follows: ant to the recommendations of said Committee of the Whole Members of the house of representatives shall hold office Report of July 13, 1950 (Committee of the Whole Report for a term beginning with their election and ending on the No. 24), and as further amended pursuant to the recommend day of the second general election held thereafter. ations of this supplementary report. Members of the senate shall be divided into two classes. Your committee further recommends that Standing Com, The first class shall consist of the following number elected Rpt. No. 95, recommending the filing of various documents, with the highest number of votes from their respective sena be adopted. —July 14, 1950 torial districis: first district, 3; second district, 1; third J. Garner Anthony, Chairman 360 JOURNAL DOCUMENTS 4. Special Committee Reports SPECIAL COMMITTEE REPORT NO. 1 charging Delegate Silva with membership in the Communist Party and his refusal to testify appears. Your Temporary Committee on Permanent Rules begs Your Committee has considered the press release of leave to submit the following partial report: Frank G. Silva, the letter of Jack W. Hall, regional director, I.L.W.U., to President Samuel Wilder King, dated April 14, Your Committee, after considerable study and due con 1950, and a signed statement submitted to it by Delegate sideration, has agreed upon a permanent set of rules govern Silva on April 17, 1950. The documents referred to are ing the organization and proceedings of the Convention. transmitted herewith. The rules are complete with the exception of Rule 18, The Committee invited Delegate Silva to appear before which shall define the duties of the Standing C ommittees. it, accompanied by counsel of his own selection if he so de Your C ommittee recommends the consideration by this sired. He appeared, accompanied by his attorney, on Friday, Convention of the set of rules which is submitted herewith, April 14, 1950, and again, without his attorney, on Monday, and the adoption, at this time, of Rules 1 to 15, inclusive. April 17, 1950. —April 6, 1950 Your Committee considers that it is unnecessary to pass Wm. H. Heen, Vice-Chairman upon the question whether Mr. Silva is now or ever was a member of the Communist Party. It concludes that it is not a body competent to render such a judgment. Upon the ad mitted facts your Committee finds: SPECIAL COMMITTEE REPORT NO. 2 Your Temporary C ommittee on Permanent Rules begs Findings leave to submit the following final report Your Committee, under date of April 6, 1950, presented 1. That this Convention is the sole judge of the qualifi a partial report recommending the consideration by the Con cations of its members. vention of a set of rules which accompanied said report and 2. That the House of Representatives UnAmerican Ac further recommending the adoption of Rules 1 to 15, inclu tivities Committee is a body duly authorized under the laws sive, and calling attention to the fact that said set of rules of the United States to conduct investigations into alleged was incomplete in that the provisions of Rule 18, relating subversive activities; that it did subpoena Delegate Silva to to the duties of the various Standing Committees, had not appear before it and testify; that Delegate Silva in response been agreed to. to the subpoena appeared but declined to testify upon the After due and careful consideration, your Committee has ground that his testimony might tend to incriminate him. No finally agreed upon the provisions of Rule 18 and the same witness who testifies before the House UnAmerican Activi are contained in the entire set of rules which is submitted ties Committee can be prosecuted for any crime which his herewith. [See Appendix II.] testimony may divulge save and except the crime of perjury Your Committee, on further consideration, feels that the committed in the course of such testimony. set of rules which was submitted with its partial report 3. The fact that Mr. Silva has taken an oath as a delegate should be amended in a certain minor respect, and, accord and signed the loyalty oath pursuant to a resolution of this ingly, recommends the consideration by the C onvention of Convention your Committee deems immaterial for the pur an amendment to Rule 32 by adding thereto the following poses of this report. paragraph: 4. That Frank G. Silva, by his refusal to answer the questions put to him by the House UnAmerican Activities When a delegate, being present, refuses to vote, Committee, has forfeited his right to sit in this Convention. either in the affirmative or the negative, upon a question Your C ommittee therefore recommends: on which the ayes and noes are required, he shall be recorded as voting in the affirmative. Recommendations The foregoing amendment is included in the final draft of the complete set of rules above mentioned. 1. That Delegate Frank G. Silva be given to and includ It is the recommendation of your Committee that the ing Wednesday, April 19, 1950, within which to purge him complete set of rules, submitted herewith, be considered self of contempt of the House UnAmerican Activities Com for adoption in its entirety. —April 10, 1950 mittee or to show cause if any he has why this Convention should not vote on his qualifications to hold his office as a Wm. H. Heen, Vice-Chairman delegate. 2. That Delegate Frank G. Silva be furnished with a copy of this report and be notified by the Secretary that, on SPECIAL COMMITTEE REPORT NO. 3 Thursday, April 20, 1950, at 11 o’clock a.m., in the event he has not purged himself of contempt or has not shown Your Special Committee appointed pursuant to Resolution cause for his failure to do so, this Convention act upon the No. 16, ‘to investigate the qualifications of Frank G. Silva following resolution: to retain his seat as a delegate to the Constitutional Conven RESOLVED that Frank G. Silvà by reason of his con tion,” reports as follows: tempt of the House UnAmerican Activities Committee in The Committee has held seven meetings. It has examined the recent proceedings of said committee conducted at the transcript of testimony in the proceedings recently had lolani Palace, Honolulu, Hawaii, is hereby declared dis in Honolulu before the House of Representatives UnAmerican qualified to sit as a member of this Convention and that Activities Committee wherein the testimony of Ichiro Izuka he be and is hereby expelled from this Convention, that 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. Roberts —April 18, 1950 Chuck Mau Arthur K. Trask Benjamin 0. Wist, J. Garner Anthony Frederick Ohrt Arthur D. Woolaway Chairman Marguerite K. Ashford 5. 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 c ised 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 theex 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 territotial elections than in any state in the Union. status, Congress then and there commited 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, in Downs v. Biddle, said ‘Since the constitution pro In December 1941 came the outbreak of World War II 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 Dec ember 7th beCpeaks 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 c eption 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 ing. standard in government service. It has a high standard of The war threw more light upon the loyalty and patriotism health and for a number of years has had a lower death rate of our population than the many preceding years of peace, than any state in the Union. The maternal mortality rate and settled for all time a question that had been 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 naturalized 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 Please extend to the presiding officer and members war. Our public schools, our boy and girl scout organizations, of the Constitutional C onvention meeting on April Four and all of our free and democratic institutions had been the greetings and cordial good wishes of the Interior De gradually but efficiently Americanizing each of the coming partment and the Administration as they undertake the generations. Hawaii proved to be truly a melting pot with important task for which they have been chosen. The much more than a third of its marriages inter-racial. This very high caliber and often demonstrated interest in is especially conspicuous among the Japanese for, at the time of annexation, marriage among the Japanese people public affairs of the elected delegates is a guarantee that the results of their labors will be a constitution outside of their own race was unheard of; in the meantime fully responsive to the needs of Hawaii and fully within our percentage of citizenship population had increased from the great traditions of American Democracy. Such a less than 40% to more than 85% and, as stated, the war re moved all doubt of the thorough Americanization of our peo C onstitution will be the indispensable basis of the Gov ernment of the new State of Hawaii which I am hopeful ples of all races. In this connection I call to your attention will be approved by the present Congress and will be that Hawaii not only furnished its quota under selective convincing evidence to the American people and the service, but by voluntary enlistment it raised a battalion of world that Hawaii is a mature and responsible member infantry among those of Japanese descent which finished the of the great American partuership of sell-governing war with an outstanding record and was one of, if not the democratic communities. most, decorated units of the American Army. 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, Hawali State Constitutional Convention and neither voice nor vote in the Senate, it is difficult to se Samuel Wilder King, President cure due consideration and prevent discrimination against Honolulu, Hawaii us in national legislation. Thousands of young men of these You are hereby notified that, pursuant to the power veste Islands were drafted during World War 1! though neither in me by Section 2 of Act 334, Session Laws of Hawaii 1949, they nor their parents had any voice in the passage of the I have this day appointed John R. Phillips who is an elector draft act, nor vote in the declaration of war which sent them of the Combination of Precincts 11, 15, 16, 17, 18, 24 and into battie. 32, Fourth Representative District, to fill the vacancy The citizens of Hawaii pay Federal taxes on exactly the caused by the resignation of Mr. Richard M. Kageyama. same basis as do the citizens of a state, yet they have no vote either in the levying of the taxes or in the disbursing of the Sincerely yours, revenues. These conditions are contrary to traditional INGRAM M. STAINBACK American principles. No taxation without representation, Governor of Hawaii no government without the consent of the governed, are 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 GOVERNOR’S MESSAGE NO. 3 larly applicable when we remember that the overwhelming mass of the residents of Hawaii are citizens of the United Territory of Hawaii States, citizens whose loyalty, patriotism and ability in Executive Chambers self-government cannot be questioned. Honolulu As previously stated, a territorial government is a trans April 21, 1950 itory one, tolerable for a reasonable period but should be 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 C onvention capable of sell-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 Dear Mr. King: for statehood, the people of Hawaii have voted for statehood, 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; stitutional 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 DEPARTMENTAL COMMUNICATION NO. 3 363 cincts 5 and 6) of the Sixth I~epresentative District, Island GOVERNOR’S MESSAGE NO. 5 of Kauai. The Governor has this matter presently under considera- Honolulu, June 27, 1950 tion and you will be advised when another delegate has been The Honorable Samuel Wilder King, President appointed to fill the vacancy. Hawaii state Constitutional Convention Yours very truly, Honolulu, Hawaii HARRY L. STROUP Dear Mr. President: Secretary to the Governor This is to inform you that I am allocating from the Gover nor’s contingent fund, an additional $15,000 to enable the C onvention to complete its work. This allotment has been made with the full knowledge and approval of Governor GOVERNOR’S MESSAGE NO.4 Stainback. I wish to congratulate you and the members of the Con Territory of Hawaii vention on the progress that has been made. The task of Executive Chambers writing a constitution has required more time than either Honolulu the delegates or the public expected it would take. There is agreement, however, that it is more important that this April 21, 1950 assignment be well done, than that it be completed within a Hawaii State Constitutional Convention given time. Samuel Wilder King, President Sincerely yours, Honolulu, Hawaii OREN E. LONG You are hereby notified that, pursuant to the power Acting Governor of Hawaii vested in me by Section 2 of Act 334, Session Laws of Ha waii 1949, I have this day appointed Matsuki Arashiro who is an elector of the Combination of Precincts 5 and 6 (Com- GOVERNOR’S MESSAGE NO. 6 fRadiogram] bination BB) of the Sixth Representative District, Island of Kauai, to fill the vacancy caused by the expulsion of Frank GOV LONG G. Silva. IOLANI PALACE HONOLULU Sincerely yours, CONGRATULATE CONSTITUTIONAL CONVENTION ON WORK WELL DONE INGRAM M. STAINBACK Governor of Hawaii STAINBAC K 6. Departmental Communications DEPARTMENTAL COMMUNICATION NO. 1 May we extend to you every good wish for success in the task which you are assembled to perform and which is April 5, 1950 so important to all the people of Hawaii. The attached communication dated April 3, 1950, signed JOE C. HARPER by Joe C. Harper, Warden of Oahu Prison, and Thomas B. Warden, Oahu Prison Vance, Director of Institutions, is respectfully transmitted for the information of members of the State C onstitutional THOS. B. VANCE C onvention. Director of Institutions OREN E. LONG Secretary of Hawaii DEPARTMENTAL COMMUNICATION NO. 2 April3, 1950 April 5,1950 Chairman and Members The receipt of a certified copy of Res. No. 5, adopted State Constitutional Convention: April 4, 1950 by the Hawaii state C onstitutional Convention, is acknowledged with deep appreciation. Our State Prison System is happy to present to each of you a miniature example of Hawaii’s prison industries in OREN E. LONG which energetic efforts are made to redirect the lives of Secretary of Hawaii men so that each man who enters prison will be a better man when he leaves. As we place this symbol of our Ship of State in your hands, we know that its course will be well and safely charted. It had been our hope to mount on each DEPARTMENTAL COMMUNICATION NO. 3 of these ships an American Flag with 49 or 50 stars in the blue field. Unfortunately, such flags have not as yet been April 5, 1950 manufactured. Transmitted herewith is a letter dated March 31, 1950, 364 JOURNAL DOCUMENTS from the Chamber of Commerce of Honolulu, which was re If the Convention wishes to avail itself of this offer, I ceived yesterday In this office. will appreciate it if you will so notify me in order that arrangements may be worked out. OREN E. LONG Secretary of Hawaii WILLIAM B. BROWN, Treasurer Territory of Hawaii March 31, 1950 President of the DEPARTMENTAL COMMUNICATION NO. 6 Hawaii Constitutional Convention c/o Mr. Oren E. Long, Secretary of Hawaii: April 13, 1950 The Chamber of Commerce of Honolulu is confident that For the use of the C onstitutional Convention, we are send. In the Constitutional C onvention certain basic committees ing you six copies of each of the following: will be established by appointment of the President. Revised Laws of Hawaii 1945, Session Laws of Hawaii Because of the extreme importance of public education 1945, Session Laws of HawaII 1947 and Session Laws of Ha to the people of this Territory, the Chamber of Commerce waii 1949 (Regular Session). of Honohilu, through its Board of Directors at a meeting Six copies of the Special Session Laws 1949 will be fur- held on March 31st earnestly urges the formation of a com warded as soon as received from the publisher. mittee of delegates to the Hawaii Constitutional Convention Due to the fact that we are quite short of the law books, to consider as a part of the State Constitution the subjeät of particularly the Revised Laws 1945, we wish to have these public education. books viewed as a loan to the Convention. We are accord In making this request, the .members of the Board of ingly attaching a receipt for them. Directors do not intend to imply that such a committee is One copy of each of these books should be turned over to not already contemplated. Mr. Garner Anthony, Chairman of the Committee on the The Board of Directors wishes to express its confidence Iudiclary. in the elected delegates in the carrying out of their responsi bilities in forming the constitution for the State of Hawaii as OREN E. LONG a part of the Union of the United States of America. Secretary of Hawaii JOHN A. HAMILTON Secretary DEPARTMENTAL COMMUNICATION NO. 7 DEPARTMENTAL COMMUNICATION NO.4 April 11, 1950 Enclosed is a copy of a letter from Mr. Frank R. Sommer April 4, 1950 field, Chief Deputy Fire Marshal, Territory of Hawaii, and It is my understanding that as of today, all bills and pay Mr. H. A. Smith, Chief Engineer, Honolulu Fire Department, rolls pertaining to the Constitutional Convention will be outlining their comments for safety in the Armory during handled by the Convention. This would be in keeping with the Constitutional Convention. This is being forwarded to the practice of both the Senate and the House of Representa you that you may take the necessary precautions for observ tives in disbursing Territorial funds used in connection ance of their recommendations, with each legislative session. This Department reports that to date the following pre Under the provisions of Section 8, Act 334, Session Laws cautions have been taken: of Hawaii 1949, it is my understanding that the Secretary of (1) The stairs to the balcony have been barricaded to Hawaii Is required to disburse funds appropriated by the keep out the general public. legislature to cover the expenses of the Convention. Mr. (2) The basement has been barricaded as recommended. Henry Paoa, Administrator, Office of the Secretary of Ha- (3) It is believed the widths of aisles do comply with the wail, will be pleased to confer with members of your staff recommendations. on the handling of the bills. (4) The large door in the mauka end of the Armory shoulc be kept open at all times as It is a very difficult job for OREN E. LONG several men to open it once It gets closed. This should take Secretary of Hawaii care of recommendation (4). (5) Bleachers have been provided. (6) The problem of smoking is a daily problem. It Is DEPARTMENTAL COMMUNICATION NO. 5 thought with numerous “No Smoking” signs together with ash trays on the desks and possibly a few sand boxes for April3, 1950 cigarette disposal the wishes of the fire marshals will be I have recently received a letter from Wood, King & complied with. Dawson, 48 Wall Street, New York, N. Y., offering their R. M. BELT assistance to the C onvention in the drafting of constitution Superintendent of Public Works al provisions with respect to Territorial and local borrow ing in order that the same be adequate to meet the require ments of the Territory and its subdivisions. This service is offered to the Convention free of charge as a gesture of DEPARTMENTAL COMMUNICATION NO. 8 cooperation with the Territory. April 18, 1950 As you may know, Wood, King & Dawson have been the Territory’s bond attorneys for many years and are special With the Enabling Bill H. R. 49 pending in the U. S. Senate ists in the field of government finance. after having passed the U. S. House of Representatives, DEPARTMENTAL COMMUNICATION NO.8 365 and with the present Constitutional Convention already First Session, while deemed to be unnecessary appears to organized in accordance with Act 334, it has been necessary be unobjectionable, and the same could be incorporated in to examine H. R. 49 to see what amendments might be sug the bill as proposed. gested to the Senate Committee on Interior and Insular Al- Proposed Amendment 3. Page 8, lines 11 to 16: Strike fairs to bring the two measures into conformity. out the language of paragraph Fourth of section 3 and insert The Hawaii Statehood Commission has requested the in lieu thereof: Attorney General of Hawaii to draft such proposed amend ments. This has been done and the amendments have been Fourth. That the property in the Territory of Hawaii accepted by the Commission and they have been forwarded set aside by Act of Congress or by Executive order of to Delegate Toseph R. Farrlngton and to the Washington Of the President or the Governor of Hawaii for the use of fice of the Commission. the United States and remaining so set aside immediate ly prior to the admission of the State of Hawaii into the A copy of these proposed amendments is attached here Union shall be ceded to or retained by the United States, with for the information of the Convention. as more particularly provided in the next section of this SAMUEL WILDER KING Act. Chairman, Hawaii Statehood Commission 4. Section 3: page 8, lines 21 to 23. This amendment PROPOSED AMENDMENTS TO H. H. 49 is for the purpose of clarifying the date as of which the Submitted by the Hawaii Statehood Commission ownership of land by the United States for military, naval or coast guard purposes will cause the United States to have (References are to the Senate Print of March 8, 1950) exclusive jurisdiction thereof. Proposed Amendment 4. Page 8, lines 21 to 23. Strike 1. Section 2: page 1, line 7 to page 7, line 10. In order out the language which now reads “in all cases whatsoever to (1) ratIfy the provisions of Act 334 of the Session Laws over such tracts or parcels of land as are now owned by the of Hawaii 1949 as to the composition of the constitutional convention, (2) eliminate phraseology calling for future United States and held for military, naval, or coast-guard elections of and convening of delegates, in recognition of the purposes,” and insert in lieu thereof: fact that the convention already has been constituted, at the in all cases whatsoever over such tracts or parcels same time recognizing that the convention is a continuing of land as, upon the admission of said State, are owned body, and that the governor’s power to fill vacancies and by the United States and held for military, naval, or the convention’s power as sole judge of the qualifications of coast guard purposes, delegates, should be set forth in the bill, and (3) make it certain that the congressional act does not invalidate the 5. Section 3: page 9, line 1. Item 2 of the Department applicability of the Territory’s loyalty law, section 2 should of the Interior’s report to the House of Representatives be amended as proposed. Committee on Public Lands, Eighty-first Congress, First Proposed Amendment 1. Page 1, line 7 to page 7, line 10: Session, while deemed to be unnecessary appears to be un Strike out the language of section 2 and insert in lieu thereof: objectionable, and the same could be incorporated in the bill as proposed. Sec. 2. The convention formed pursuant to the pro Proposed Amendment 5. Page 9, lIne 1: Insert after the visions of the act of May 20, 1949 (Act 334, Session Laws word “by” the words “Act of Congress or by.” of Hawaii, 1949), entitled “An act to provide for a con stitutional convention, the adoption of a state constitution, 6. Section 3: page 9, lines 9 to 11. Item 3 of the Depart and the forwarding of the same to the Congress of the ment of the Interior’s report to the House of Representatives United States, and appropriating money therefor,” when Committee on Public Lands, Eighty-first Congress, First it shall have declared on behalf of the people of the pro Session, recommends that the provisions of the bill as to posed state that they adopt the Constitution of the United the exclusive jurisdiction of the United States over lands States, is hereby recognized as the body authorized to held for military, naval or coast guard purposes be amended form a constitution and state government for the proposed by including customary saving clauses reserving the State’s state. right to tax and preserving the voting rights of the Inhabit The provisions of said act of May 20, 1949 as to the ants. While the Buck Act reserves the right to tax, these qualifications of the delegates, and the election, com amendments are desirable, particularly as the provisions position and organization of the convention, including the of section 16 concerning the exclusive jurisdiction of the provisions thereof empowering the governor to fill any United States over Hawaii National Park otherwise would vacancy in any office of delegate, are hereby ratified, not be the same~ approved, and confirmed: Provided, That nothing in this Proposed Amendment 6. Page 9, lines 9 to 11: Change act shall be deemed to invalidate chapter 13 of the Re the semicolon in line 9 to a comma, strike out the language vised Laws of Hawaii 1945, as amended, relating to following the semicolon which now reads “and the legislative loyalty oaths. The convention shall be the exclusive assembly is authorized and directed to enact any law neces judge of the elections, returns, and qualifications of the sary or proper to give effect to this Article.” and insert in delegates. lieu thereof: 2. Section 3: page 7, lines 11 to 19. In order to elimi and shall have the right to tax persons and corpo nate provisions covered by proposed Amendment No. 1, the rations, their franchises and property, within the said first paragraph of section 3 should be deleted. tracts or parcels of land; and that persons now or here Proposed Amendment 2. Page 7, lines 11 to 19: Strike after residing on the said tracts or parcels of land shall out the language of the first paragraph of Section 3, and not be deprived thereby of the right to vote at all elec - insert at the beginning of line 20, “Sec. 3.” tions held within the political subdivisions where they respectively reside. 3. Section 3: page 8, lines ii to 16. Item 1 of the De partment of the Interior’s report to the House of Representa 7. Section 3: page 9, line 23; page 9, line 24 to page 10, tives C ommittee on Public Lands, Eighty-first Congress, line 5; page 10, lines 8 and 12. This concerns a require— 366 JOURNAL DOCUMENTS ment that the constitution of the new State set forth a com example of such a presidential transfer of tide is the Wilson pact with the United States relating to the perpetuation of Proclamation of February 17, 1920, 41 Stat. 1786. the Hawaiian Homes Commission Act, 1920, subject to a It undoubtedly Is the intent of the Statehood Enabling Act mendment or repeal only with the consent of the United to transfer to the Territory and its political subdivisions States, and in no other manner. However, the consent of the tide to all property in use by it or them for public pur the United States is not required for certain changes relating poses, and this would be accomplished by the provisions of to administration. As a safeguard the bill further provides section 4(b) relating to property under executive order were that certain funds shall not be reduced or impaired, except it not for the fact that in some instances neither a presi with the consent of the United States. The Hawaiian Homes dential transfer of title nor an executive order has been C ommission feels that to conform to the 1948 amendments issued. For example, where small road parcels are acquire’ of the Hawaiian Homes Commission Act wherein a new by exchange, for straightening, widening, etc., it has not “home-operating fund” was created (Public Law 638, 80th been practical to issue executive orders for such parcels. Cong., 2d Sess., c. 464, sec. 3, amending sec. 213 of the Yet the Territory may not have outright title at the present Hawaiian Homes Commission Act, 1920), this new fund time because land acquired by an exchange has the same should be mentioned as one of those that cannot be reduced status as the land given in the exchange. or impaired, To cover this situation there should be inserted in section One of the provisos of the compact with the United States 4(a) a provision transferring to the State title to all property which is required to be stated in the constitution of the new which immediately prior to the admission of the State is in State, is set forth in lines 11 to 13, inclusive, on page 10. its use for public purposes, such purposes to be described This has to do with the use of the proceeds and income from as in the portion of section 91 of the Hawaiian Organic Act Hawaiian home lands. This proviso is couched in the lan that relates to presidential transfers of tide. Of course guage that such proceeds and income “shall be available to such provision must be restricted in its operation to land said State for use in accordance with the terms of said Act,” in the control of the Territory pursuant to the Hawaiian referring to the Hawaiian Homes Commission Act, whereas Organic Act. Property under an executive order in favor it seems to this commission that the proviso should be of the United States must be excepted from such transfer couched in language binding the State to use such proceeds of title. and income only in accordance with the terms of said act. Proposed Amendment 8. Page 10, lines 18 to 25: Strike Other proposed changes are for the purpose of making it out the language of section 4 preceding the proviso in line clear that permitted amendments of the Hawaiian Homes 25 on page 10 and insert in lieu thereof: Commission Act may be made by ordinance of the convention as well as in the constitution of the State. Sec. 4. (a) The State of Hawaii and its political sub Proposed Amendment 7a. Page 9, line 23: Insert, follow divisions, as the case may be, shall retain, except as ing the words “original Constitution” the words “or ordi herein provided: (1) all the lands and other public prope: nances.” ty tide to which is in the Territory of Hawaii or a politi Proposed Amendment Th. Page 9, line 24 to page 10, cal subdivision thereof, and (2) all the lands and other line 5: Strike out the language which now reads “but the public property which are in the control of the Territory Hawaiian home-loan fund and the Hawaiian home-development of Hawaii pursuant to the Hawaiian Organic Act and, im fund shall not be reduced or impaired, and the encumbrances mediately prior to the admission of the State of Hawaii authorized to be placed on Hawaiian home lands by officers into the Union, are in the possession and use of the Tern other than those charged with the administration of said Act tory or its political subdivisions for the purposes of shall not be increased, except with the consent of the United water, sewer, electric, and other public works, penal, States;” and insert in lieu thereof: charitable, scientific, and educational institutions, ceme teries, hospitals, parks, highways, wharves, landings, but, except with the consent df the United States, harbor improvements, public buildings, and other public (a) the Hawaiian home-loan fund, the Hawaiian home-de purposes; and all such lands and other property shall velopment fund, and the Hawaiian home-operating fund remain and be the absolute property of the State of Hawaii shall not be reduced or impaired, and (b) the encum and its political subdivisions, as the case may be, subject brances authorized to be placed on Hawaiian home lands to the constitution and laws of said State: by officers other than those charged with the adminis tration of said Act shall not be increased; 9. Section 4(a): page 10, line 25 to page 11, line 8. This Proposed Amendment 7c. Page 10, line 8: Insert after concerns a proviso vesting the United States with title to the word “Constitution” the words “or ordinances.” property in its use, whether title to such property, at the Proposed Amendment 7d. Page 10, line 12: Strike out time of admission of the State, was in the Territory of Ha-. the language which now reads “shall be available to said wali or in the United States. This proviso recognizes that State for use” and insert in lieu thereof: executive orders under which the United States is using the land may be absolute, or may be subject to limitations. A shall be used only. typical example of a limited executive order is one which 8. Section 4(a): page 10, lines 18 to 25. Section 4(a) covers only an underground pipe line, and hence upon the provides, with certain exceptions, that the State of Hawaii admission of the State, would be converted into the grant of and its political subdivisions shall retain all the lands and an easement. To clarify the bill it should provide that in other public property title to which is in the Territory of the case of a limited executive order the United States will Hawaii or a political subdivision. For example, the Terri acquire an interest in the property conformable to the limi tory and its political subdivisions have tide to lands pur tations in the executive order. Moreover, to conform this chased by them (as distinguished from those obtained in ex proviso to Amendment 3, proposed pursuant to Recommend change for ceded lands), and also have title to various public ation No. 1 of the Department of the Interior, the words works and other property, tide to which has been trans “Act of Congress or by” should be inserted. ferred from time to time by presidential proclamation or Proposed Amendment 9. Page 10, line 25 to page 11, order under section 91 of the Hawaiian Organic Act. An line 8: Strike out the language of the proviso which com DEPARTMENTAL COMMUNICATION NO. 8 367 mences in line 25 on page 10 and ends in line 8 on page 11 all the public lands “and other public property.” An a and insert in lieu thereof: mendment is recommended to assure the equallty which, it Provided, however, That wherever any such lands or is believed, is intended. other property heretofore have been or hereafter shall Of course any reclaimed lands which at the time of ad be set aside by Act of Congress, or by Executive order mission of the State have been set aside by Act of Congress of the President or the Governor of Hawaii pursuant to or executive order will be disposed of by other provisions law, for the use of the United States, whether absolutely of the bill. or subject to limitations, and shall remain so set aside Proposed Amendment 12. Page 14, following line 2: In immediately prior to the admission of the State of Hawaii sert a new paragraph (f) to read as follows: into the Union, the jfnited States shall be and become (f) The State of Hawaii shall stand on an equal footing vested with absolute title thereto, or an interest therein with the other states with respect to its submerged lands, conformable to such limitations, as the case may be. and the beaches and shores lying above low water mark, 10. Section 4(b): page 11, line 20. This provides for an and such lands reclaimed therefrom as have not been inve:~ig~tion and report by a Joint Committee of Congress disposed of by the provisions of this Act relating to land “upon the subject of the public lands and other property in set aside for public use by Act of Congress or by Execu Hawali” and that Congress “shall thereafter make a final tive order of the President or the Governor of Hawaii. determination and disposition of the remaining public lands 13. Section 5: page 14, lines 3 to 24. The convention and other public property.” In order to specifically state convened on April 4, 1950 under Act 334 of the Session Laws what is believed to be the intent, that the contentions of the of Hawaii 1949, pursuant to that act has the duty of report people of Hawali relating to this matter, based on the terms ing to the next session of the legislature. H. R. 49, on the and provisions of the cession and transfer made by the Re other hand, provides that the results of the convention shall public of Hawaii, are deferred for hearing before the Joint be submitted to the people at a ratification election, without Congressional Committee without any determination on the any intervening consideration thereof by the legislature. merits of such contentions, an amendment is proposed. Pursuant to section 9 of Act 334 of the Session Laws of Ha Proposed Amendment 10. Page 11, line 20: Insert after waii 1949 and section 17 of H. R. 49, legislative action will the words “other property in Hawali,” the following: be ellminated by the passage of H. R. 49. However, if the giving due consideration to the terms and pro constitutional convention should adjourn prior to the passage visions of the cession and transfer thereof by the Re of H. R. 49, then pursuant to the provisions of Act 334 of public of Hawaii, the Session Laws of Hawaii 1949 the convention would have made no provision for the ratification election, but would 11. Section 4(b); page 12, lines 1 to 11. This concerns have left that matter to the legislature. Therefore, H. R, a proviso that lands in public use at the time of the admis - 49 should be amended so that, in the event of adjournment sion of the State, whether in the use of the United States, of the constitutional convention without providing for a ratifi the Territory of Hawali or a polltical subdivision, shall be cation election, such ratification election would be called disposed of to, and become the property of, the government by the Governor upon the enactment of H. R. 49. so holding such lands. This amendment is proposed in order Minor amendments are desirable so as to specify the to conform the proviso to Amendment 9 above proposed. qualifications of the voters at the ratification election, to Proposed Amendment 11. Page 12, lines 1 to 11: Strike establish the applicability of the territorial~ election laws out the proviso which commences in lIne 1 on page 12 and at the ratification election except as otherwise provided, to ends in line ii on page 12 and Insert in lleu thereof: constitute the Secretary of Hawaii and the clerks of the Provided, however, That wherever any such lands or several counties the canvassing board (as in Act 334 of the other property heretofore have been or hereafter shall Session Laws of Hawail 1949) instead of placing this duty be set aside by Act of Congress, or by Executive order on the Governor and Chief Justice, and to permit said can of the President or the Governor of Hawaii pursuant to vassing board to meet earlier than the third Monday alter law, for the use of the United States or the Territory of the election. Hawaii or a political subdivision thereof, whether ab Proposed Amendment 13. Page 14, lines 3 to 24: Strike solutely or subject to limitations, and shall remain so out the language of the first paragraph of section 5 and in set aside immedIately prior to the admission of the State sert in lieu thereof: of Hawaii into the Union, the United States or the State of Sec. 5. That when said constitution shall be formed Hawaii or such political subdivision, as the case may be, as aforesaid, the convention forming the same, or the shall be and become vested with absolute title thereto, or Governor of Hawaii if the convention shall have adjourned an interest therein conformable to such limitations, as without doing so, shall provide for the submission of said the case may be. constitution, together with the ordinances of sald conven 12. Section 4: page 14, following line 2. Questions may tion requiring ratification, directly to the people of said arise as to the status of the submerged lands, the beaches Territory for ratification at an election which shall be and shores lying above low water mark, and the lands re held on a day named by said convention or the Governor claimed therefrom. In United States v. CalifornIa, 332 U. S. of Hawaii, as the case may be, which election day if 19, the federal government did not contest California’s named by said convention shall be not earlier than 60 nor ownership of certain of these lands. The opinion refers to later than 90 days after the date of adjournment of said Pollard’s Lessee v. Hagan, 3 How. 212, as holding that ad convention, and if named by the Governor of Hawali shall mission of Alabama on “an equal footing” with the other be not earlier than 60 nor later than 90 days after the states had conferred upon It “a qualified ownership of lands date of enactment of this Act At said election the quali under Inland navigable waters such as rivers, harbors, and fied voters of said Territory shall vote directly for or even tidelands down to the low water mark.” against said constitution, for or against any provisions Hawaii could rest on the precedents were it not for the thereof separately submitted, and for or against said fact that by section 4(b) the United States reserves title to ordinances. Persons who are citizens of the United States 368 JOURNAL DOCUMENTS possessing the qualifications for voters for representa (a) The first paragraph of section 333 of title 28, tives to the Territorial legislature shall be entitled to United States Code, is amended by inserting after the vote on the ratification or rejection of said constitution, words “and residing within the continental United States,” the provisions thereof separately submitted, and said the words “or in Hawaii;” and ordinances, under such rules or regulations as said con (b) The second paragraph of section 451 of title 28, vention may have prescribed, not in conflict with this Act. United States Code, is amended by striking out the words Except as otherwise provided by this Act or said rules “including the district courts of the United States for the or regulations, said election shall be conducted in the districts of Hawaii and Puerto Rico,” and inserting in manner prescribed by the laws of the Territory regulat lieu thereof the words “including the United States district ing elections therein of the Delegate to Congress. The court for the District of Puerto Rico,” returns of said election shall be made by the election of Proposed Amendment 14c. Sec. ii; page 22, lines 6 to ii oflcers direct to the secretary of said Territory who, Strike out all of section 11, and insert in lieu the following: with the clerks of the several counties, shall constitute a canvassing board and they, or any three of them, shall Sec. ii. Effective upon the admission of the State of meet at the city of Honolulu, not later than the third Mon Hawaii into the Union— day after said election, and shall canvass the same. (a) The last paragraph of section 501 of title 28, United States Code, is repealed; 14. Sections 9 to 14, inclusive. Since these sections re (b) The first sentence of subsection (a) of section 504 late to the federal judiciary, the Hawaii Statehood C ommis of title 28, United States Code, is amended by striking sion feels that they concern the Judicial Conference of the out at the end thereof the words “except in the district United States and therefore incorporates herein the amend of Hawaii, where the term shall be six years;” ments prepared by the Honorable Albert Branson Mans, (c) The first sentence of subsection (c) of section 541 United States Circuit Judge. Minor revisions have been of title 28, United States Code, is amended by striking made in this draft, first, to take into account amendments out at the end thereof the words “except in the district of already made in the House of Representatives, second, to Hawaii where the term shall be six years;” and make it clear that the admission of the State shall effect no (d) Subsection (d) of section 541 of title 28, United change in the substantive or criminal law governing a cause States Code, is repealed. of action already arisen or a criminal offense already com Proposed Amendment 14d. Sec. 12; page 22, lines 14, mitted, the relevant amendment being an insertion in line 20, 18, 19, 24 and 25; page 23, lines 1, 2, 8, 9, 18 and 20. Amenc page 23, and third, to allow appeals from interlocutory section 12 by (1) striking out in line 14, page 22, the word orders (see section 1292 of the Judicial Code) in cases “Territory” and inserting in lieu thereof the word “District,’ pending upon the admission of the State, the relevant amend (2) striking out in lines 18 and 19, page 22, the words “in ment being the insertion of the word “orders” in line 15, the District Court of the United States” and inserting in lieu page 24. thereof the words “shall continue in the United States Dis Proposed Amendment 14a. Sec. 9: page 21, line 17 to trict Court,” (3) striking out in lines 24 and 25, page 22, the page 22, line 2. Strike out all section 9, and insert in lieu words “and the United States District Court for the District thereof the following.. of HawaIi,” (4) striking out in lines 1 and 2, page 23, the Sec. 9. Effective upon the adminsion of the State of words “and the United States District Court for the Terri Hawaii into the Union— tory of Hawaii,” (5) striking out in lines 8 and 9, page 23, (a) The United States District Court for the District the words “and the Ualted States District Court for the of Hawaii established by and existing under title 28 of District of Hawaii, respectively,” (6) inserting in line 18, the United States Code shall thenceforth be a court of page 23, after the word “said” and before the word “courts” the United States with judicial power derived from Article the word “State,” and (7) inserting in line 20, page 23, after IlL, section 1, of the Constitution of the United States: the semicolon, the following: Provided, however, that the terms of office of the district The admission of sald State shall effect no change in Judges for the District of Hawaii then in office shall the substantive or criminal law governing such causes terminate upon the effective date of this section and the of action and criminal offenses already arisen or com President, pursuant to sections 133 and 134 of title 28, mitted,” United States Code, as amended by this Act, shall ap point, by and with the advice and consent of the Senate, Proposed Amendment 14e. Sec. 13; page 24, lines 3, 12, two district judges for the said district who shall hold 13, 15, 16, 17 and 18. Amend section 13 by (1) striking out office during good behavior; in line 3, page 24, the word “Territory” and inserting in (b) The last paragraph of section 133 of title 28, lieu thereof the word “District,” (2) striking out in lines United States Code, is repealed; and 12 and 13, page 24, the words “District Court of the United (c) Subsection (a) of section 134 of title 28, United States” and inserting in lieu thereof “United States District States C ode, is amended to read as follows: Court,” (3) inserting in line 15, before the word “judgments” the word “orders” followed by a comma, (4) striking out in (a) The district judges, except in Puerto Rico, line 16, page 24, the words “District Court of the United shall hold office during good behavior. The district States” and inserting in lieu thereof the words “United judge in Puerto Rico shall hold office for the term of States District Court,” and (5) Striking out in lines 17 and 18 eight years, and until his successor is appointed and page 24, the words “as successor to the District Court of qualified, the United States for the Territory of Hawaii.” Proposed Amendment l4f. Sec. 14; page 25, lines 6 and Proposed Amendment 14b. Sec.. 10 page 22, lines 3 to 7, and lines 17 to 20. Amend section 14 by (1) striking out 5: Strike out all of section 10, and insert in lieu thereof the lines 6 on page 25, and inserting in lieu thereof the words following: “amended by striking out ‘Hawaii’ from” and (2) striking Sec. 10. Effective upon the admission of the State of out lines 17 to 20 inclusive on page 25 and inserting in lieu Hawaii into the Union— thereof the following DEPARTMENTAL COMMUNICATION NO. 11 369 (d) The first paragraph of section 373 of title 28, able Public Archives, and the question is referred to the ap United States Code, is amended by striking out the words propriate committee, I should be glad to talk with the chair “United States District Courts for the districts of Hawaii man at his convenience. and Puerto Rico,” and inserting in lieu thereof the words OREN E. LONG, Chairman “United States District Court for the district of Puerto Board of Commissioners of Public Archives Rico,” and by striking out the words “and any justice of the Supreme Court of the Territory of Hawaii;” Provided, that the amendments made by this subsection shall not DEPARTMENTAL COMMUNICATION NO. 10 affect the rights of any judge or justice who may have retired before the effective date of this subsection; And May 16, 1950 provided further, That service as a judge of the District The City Planning Commission, at its meeting on Thurs Court for the Territory of Hawaii or as a judge of the day, May 11, 1950, voted its approval to the recommendation United States District Court for the District of Hawaii of the Hawaii Housing Authority with reference to the language or as a justice of the Supreme Court of the Territory of that might be considered in the Constitutional Convention Hawaii or as a judge of the Circuit C ourts of the Terri for the constitutional provisions to cover public housing, tory of Hawaii shall be included in computing under sec - slum clearance, community development and redevelopment. tions 271, 272, or 373 of title 28, United States Code, the The Commission recommends that due consideration aggregate years of judicial service of any person who is should be given to the letter written to you from A. S. Guild, in commission as a district judge for the District of Ha Executive Director of the Hawaii Housing Authority, dated waii on the date of enactment of this Act; May 3, 1950, quoting the language to be included in the con (e) Section 92 of the Act of April 30, 1900 (chapter stitution. The only exception the C ommission takes in this 339, 31 Stat. 159), as amended, and the Act of May 29, respect is in regard to the third line of the second paragraph, 1928 (chapter 904, 45 Stat. 997), are repealed; and “grant or authorize tax exemptions in whole or in part.” (f) Section 86 of the Act approved April 30, 1900 The Commission believes that this line should be deleted. (chapter 339, 31 Stat. 158), as amended is repealed. GEORGE K. HOUGHTAILING 15. Section 16: page 26, lines 8 to 11. Section 16 con Director, City Planning Commission cerns exclusive jurisdiction of the United States over Hawaii National Park. The reference therein to areas “thereafter” Included in Hawaii National Park should be clarified to con DEPARTMENTAL COMMUNICATION NO. 11 fine the reference to areas lying within the boundaries of June 30, 1950 the park as authorized to be extended by the Act of June 20, 1938; consent by the new State to unspecified and unlimited Attention: Committee on Agriculture, Conservation and Land future additions to the lands under the exclusive jurisdiction Re: Committee Report No. 78, Committee Proposal No. 27 of the United States would not be constitutional and the in- tent of the present section no doubt is to refer to the Act of With reference to the provisions of Committee Report June 20, 1938. The proposed amendment also would con No. 78, Committee Proposal No. 27, upon which the Conven form to section 3, paragraph Fifth of the bill, in requiring tion has already acted, your attention is directed to the pro that the surrender of exclusive jurisdiction be contained in blems raised by the inclusion of a new provision in H. R. the State constitution. 49, Committee Print C of June 26, 1950, reported by the Proposed Amendment 15. Page 26, lines 8 to 11: Strike Senate Committee on Interior and Insular Affairs on June out the first four lines of section 16 and insert in lieu there 28, 1950. This provision appears on page 12, lines 4 to 7 of the following of Committee Print C, where it is provided that the Conven Sec. 16. Notwithstanding the admission of the State of tion shall provide in the constitution: Hawaii into the Union, the United States shall continue to Seventh. That said State and its people do agree and have, and the constitution of said State shall provide that declare that they forever disclaim all right and title to the United States shall have, sole and exclusive jurisdic all lands, title to which is held by the United States or is tion over the area which may then be included in Hawaii subject to disposition by the United States; that no taxes National Park, or which, though not then included in said shall be imposed by said State upon any lands or other Park, lies within the boundaries of said Park as author property now owned or hereafter acquired by the United ized to be extended by the Act of June 20, 1938, 52 Statutes States; and that all provisions of this Act reserving rights at Large 781, chapter 530, and thereafter is acquired by or powers to the United States, as well as those prescrib the United States and included in Hawaii National Park, ing the terms or conditions of the grants of lands or other whether acquired in the manner prescribed in said Act property herein made to the said State, are consented to of June 20, 1938 or in some other manner, fully by said State and its people. Submitted by the Hawaii Statehood Commission, April 14, Further, on the subject of lands, it should be noted that 1950. an amendment proposed by the Hawaii Statehood Commission, which would have broadened the designation of the lands from which the State may make its selection (for the proposed DEPARTMENTAL COMMUNICATION NO. 9 amendment see Committee Print A, page 14, line 22 to page May 19, 1950 15, line 5) has been omitted from Committee Print C, with the result that the State will be entitled to make its selections It has ocèurred to me that there might be some mention of 180,000 acres only from “public lands” within the meaning of the Archives of Hawaii in the Constitution. While I do not of that term as defined in section 73(a) of the Hawaiian think this is essential, I feel that if public libraries are in Organic Act. any way mentioned, the Archives certainly should be. If you feel that any recognition should be given to the RHODA V. LEWIS fact that we have developed here in Hawaii a rather remark- Assistant Attorney General 370 JOURNAL DOCUMENTS 7. Miscellaneous Communications MISCELLANEOUS COMMUNICATION NO. 1 [Telegram] I could not withdraw without br eaking faith with the agents of the United States Congress with whom I was cooperating. THE HAWAII EDUCATION ASSOCIATION IN CONVENTION I might have been wiser if I had not run for this office, but ASSEMBLED SENDS GREETINGS TO THE DELEGATES OF what is past is irretrievable. My only wish now is to do the THE STATE CONSTITUTIONAL CONVENTION right and proper thing in the best interests of the people of Hawaii. I have come to the conclusion that my resignation JAMES R. MC DONOUGH from the convention would help to further this purpose. Executive Secretary Hawaii Education Association RICHARD M. KAGEYAMA MISCELLANEOUS COMMUNICATION NO. 2 THE HAWAII EDUCATION ASSOCIATION IN CONVENTION MISCELLANEOUS COMMUNICATION NO. 5 ASSEMBLED URGES THAT THERE BE ESTABLISHED A COMMITTEE ON EDUCATION IN THE CONSTITUTIONAL April 11, 1950 CONVENTION Because of the interest on the part of certain of the JAMES R. MC DONOUGH Delegates and the feeling of the Committee on the importance Executive Secretary of the matters handled by it, the Committee on Agriculture, Hawaii Education Association Conservation and Land requests that its membership be increased from eleven (11) as now contained in the rules to fifteen (15). MISCELLANEOUS COMMUNICATION NO.3 As Chairman of said Committee, I hereby make this request. April 4, 1950 HERBERT M. RICHARDS, Chairman I am writing on behalf of the 1,500 members of our organ Committee on Agriculture, ization in Hawaii to respectfully request an opportunity to Conservation and Land appear before your Convention, or any appropriate commit tee of the Convention, to present suggestions for the consider - ation of your delegates. MISCELLANEOUS COMMUNICATION NO.6 As government employees and members of organized labor, our members are vitally interested in the provisions April 10, 1950 to be made in the constitution on government employees, labor’s rights, and the presentation of grievances by govern In response to your letter of April 5 I regret that we do ment workers. not have available at this time an Idaho state flag to present We have compiled several suggestions which we will be the Constitutional Convention for the territory of Hawaii glad to transmit to your body, or any committee of your Convention Hall. However, we are enclosing a pamphlet Convention, at any time which is convenient to your Conven which tells something of the design of our flag. tion. HENRY B. EPSTEIN, Regional Director C. A. ROBINS, Governor United Public Workers Union State of Idaho MISCELLANEOUS COMMUNICATION NO.4 MISCELLANEOUS COMMUNICATION NO. 7 April 11, 1950 April 12, 1950 For several months I have been~cooperating with agents This communication is to inform you that the Central of the House Un-American Activities Committee in helping Labor Council of Honolulu, A.F. of L., is the highest repre to expose Communist activity in Hawaii. Yesterday I com sentative body of the American Federation of Labor in pleted my part of their program and am now free of any Hawaii, and as such, is the official voice of the American obligation or promise on my part to follow a course of Federation of Labor in the Territory. action approved by such agents. The Legislative Committee of the Central Labor Council, In view of yesterday’s events, I now feel that my further A.F. of L., composed of Lawrence M. Shigeura, Chairman, attendance at the Constitutional Convention as a delegate John A. Owens, Joseph K. Waiwaiole, Lyman A. Olney and would embarass my fellow delegates and prejudice the the writer, as its Secretary, has been authorized to repre cause of statehood for Hawaii. sent the Central Labor Council at the Constitutional Conven I therefore hereby tender my resignation as a delegate tion. We respectfully request that you extend to this Com to Hawaii’s Constitutional Convention from Combination of mittee all courtesy as our duly accredited representatives. Precincts “P” to take effect immediately. The voters of my district who elected me will understand A. S. REILE, Secretary that, having announced my candidacy for the office of delegate, Central Labor Council of Honolulu MISCELLANEOUS COMMUNICATION NO. 14 371 MISCELLANEOUS COMMUNICATION NO.8 MISCELLANEOUS COMMUNICATION NO. 11 April 11, 1950 April 14, 1950 This acknowledges your letter of April 5th, enclosing Governor Roy J. Turner has forwarded your letter of resolution with regard to state flags for your constitutional April 5, and a copy of Resolution No. 6, adopted by the convention. We are enclosing herewith flag of the State of Constitutional Convention of Hawaii, to this office for reply. Tennessee. This is somewhat larger than the 3 x 5 request We have mailed to you today an Oklahoma State Flag as ed, but we hope it will serve your purpose. requested by the Hawaii State Constitutional Convention. CHARLES F. WAYLAND, JR. CLARENCE BURCH, Chairman Administrative Assistant to the Governor Planning and Research Board State of Tennessee State of Oklahoma MISCELLANEOUS COMMUNICATION NO. 12 MISCELLANEOUS COMMUNICATION NO.9 April 13th, 1950 April 14, 1950 This is to acknowledge receipt of Resolution No. 9, which was adopted by the Constitutional Convention of Hawaii of Rumor has it that some delegates to the Hawaii Consti 1950. tutional Convention are discussing the possible expulsion of Kindly convey to the Convention Delegates our heartfelt Delegate Frank G. Silva on the basis of his refusal to answer gratitude for their kind consideration shown us on our recent certain questions before the UnAmer lean Activities Commit bereavement. tee of the United States House of Representatives. It would be tragic indeed if a convention responsible for MR. & MRS. H. S. KAWAKAMI the drafting of a constitution to protect and sale-guard the rights of citizens in a new state should take such action. Certainly delegates to the convention, particularly those MISCELLANEOUS COMMUNICATION NO. 13 with a legal background, would not write a constitution under which a per son would be held guilty until proven innocent. April 14, 1950 This is in contradiction with the American principles of justice as set forth in the first 10 Amendments to the Consti The President has received your letter of April seventh, tution of the United States. transmitting to him a certified photostatic copy of Resolution We urge the Constitutional Convention not to be stampeded No. 4 adopted by the 1950 Constitutional Convention of Hawaii. by the unsupported testimony of professional informers. The President has read this resolution with interest and Mr. Silva, in taking his oath as delegate to the convention, appreciation and asks me to express his thanks for your swore that he is not and has not been, for a period of five courtesy in making it available to him. years immediately preceding, a member of the Communist Party. WILLIAM D. HASSETT If there is any credible evidence to the contrary, it should Secretary to the President be heard in a judicial tribunal and in accordance with our of the United States principles of justice. Mr. Silva must be presumed to be innocent unless found guilty under due process of law. We are confident that a majority of the delegates to this MISCELLANEOUS COMMUNICATION NO. 14 convention subscribe to the simple yet fundamental American principles. April 13, 1950 JACK W. HALL, Regional Director Your letter of 5 April 1950 addressed to Honorable International Longshoremen’s Adlai E. Stevenson, Governor of The State of illinois has & Warehousemen’s Union been referred to this office with request that State Flag of illinois be furnished the Hawaii State Constitutional Convention. MISCELLANEOUS COMMUNICATION NO. 10 A 3’ x 5’ State Flag of fllinois has been forwarded to you via air mail this date. If after the close of your conven April 12, 1950 tion, you have no further need for the flag it would be appreciated if you would return it to this office. It is a pleasure to comply with the request of the Hawaii State Constitutional Convention for a California State Flag. RAYMOND MC KINNON I am arranging with the State Director of Finance to have such a flag sent to you immediately. For: EDWIN A. DAYTON, Executive Assistant We in California are looking forward to the day when Military and Naval Department Hawaii will be a full-fledged member of the Union, and we State of illinois ~wish the Constitutional Convention the greatest success in its deliberations. EARL WARREN, Governor State of California 372 JOURNAL DOCUMENTS MISCELLANEOUS COMMUNICATION NO. 15 MISCELLANEOUS COMMUNICATION NO. 17 April 14, 1950 April 11, 1950 This will acknowledge receipt of your letter of April 5, I am forwarding your letter and enclosure of April .5 to 1950, requesting our State flag. the Honorable John A. Harris, Adjutant General of Missouri, We have secured for you a flag of the State of Arkansas, for his attention and reply. measuring 3’ x 5’. We secured this flag through Mr. C. 0. I am confident you will hear from him soon. Hall, Secretary of State. We are forwarding this flag to you under separate cover. FORREST SMITH, Governor If we can be of any further assistance to you, please let us State of Missouri know. SE) MC MATH MISCELLANEOUS COMMUNICATION NO. 18 Office of the Governor State of Arkansas April 17, 1950 I take pleasure in acknowledging receipt of your kind MISCELLANEOUS COMMUNICATION NO. 16 communication dated April 5, 1950, addressed to the Gover nor of Puerto Rico. The Governor appreciates very much April 18th, 1950 your interest in obtaining a flag of Puerto Rico to be hung in Convention Hall during the period in which the Oonstitu Enclosed you will please find copy of a letter which I have tional Convention remains in session. Nevertheless, we are received from Arleigh J. Fonner, Commander, The American unable to comply with your wishes because we do not have Legion, Department of Hawaii which is self-explanatory. an official flag. We do have an official seal, the one that You are kindly asked to bring this letter to the attention was granted to the Island by Ferdinand and Isabella in the XVI century and that later on was officially adopted by of all concerned. our Legislature. P. J. CASSIDY, May I convey to you the Governor’s greetings and best Department Adjutant wishes for a successful Convention. LUIS LABOY April 14th, 1950 Secretary to the Governor of Puerto Rico Mr. P. J. Cassidy, Adjutant, Department of Hawaii, The American Legion, 612 McCully Street, MISCELLANEOUS COMMUNICATION NO. 19 Honolulu, T. H. April 19, 1950 In a telephone conversation this morning with Comrade Wright Upchurch, Department Commander, V. F. W. I We are Homesteaders under the administration of the was asked of my reaction to the refusal of Frank G. Silva, Hawaiian Homes Commission Act. We are very desirous Delegate to the Territorial Statehood Convention, to answer of the continuation and further development of the Hawaiian questions propounded by the un-American Activities Com Homes Projects. We want some assurance of this within mittee, April 13th, 1950. Reported failure to testify was the State Constitution. based upon the grounds that it might tend to incriminate For the foregoing reasons, we ask the defeat of Resolutioi him. 19 and Resolution 21, which were introduced by Delegate Commander Upchurch requested The American Legion Marguerite Asbford, and which tend to undermine and destro to join with the V. F. W. in protest of the un-American the Hawaiian Homes Commission and Projects. attitude assumed by Delegate Silva and urging his expulsion We also request that before your Honorable Convention from Hawaii’s Constitutional Convention now in session to passes any proposal that would be detrimental to the Hawaib draft a State Constitution. Homes Commission and its projects, that we be allowed a Speaking for myself, and as Department Commander, public hearing on the proposal. The American Legion of Hawaii, with the feeling that I am voicing the sentiments of each and every Legioanaire in this FRANKLIN K. BAKER, JR., President Department, I vehemently protest the un-American attitude Waimanalo Homestead of Delegate Silva, and wholeheartedly join with the V. F. W. Community Club demanding his un-seating as a delegate to the Convention. To my mind, he is unfit to take part in thedrafting of such an important American document. Most definitely, a true American should have nothing to MISCELLANEOUS COMMUNICATION NO. 20 hide that would or might incriminate him as being such. You may feel free to use this letter in any manner you April 10, 1950 see fit. Your letter of April 5th in which you enclose a copy of ARLEIGH J. FONNER Resolution No. 6 adopted by the Constitutional Convention Department Commander of Hawaii has been received. MISCELLANEOUS COMMUNICATION NO.26 373 We are very happy to send you a state flag as requested If any proposal affecting adversely the Hawaiian Homes by the Resolution. Commission or project is brought before the convention, we request that it be discussed at a public hearing between the LALA ORTIZ second and third readings. Secretary to the Governor State of New Mexico LIONEL L. MULLER, Secretary Council of Hawaiian Homesteaders, Honolulu MISCELLANEOUS COMMUNICATION NO. 21 18 April 1950 MISCELLANEOUS COMMUNICATION NO. 24 Your letter of 5 April 1950 addressed to Honorable April 17,1950 Forrest Smith, Governor of Missouri, requesting a 3’ x 5’ At this time the Central Labor Council of Honolulu flag of the State of Missouri, to be hung in the Convention Hall in Honolulu, during the period which the convention wishes to reaffirm and stress its stand in favor of including among other things, the Initiative, Referendum, and Recall remains in session, has been referred to this office for in the new State Constitution. reply. It is our opinion that only by the inclusion of these features We have on hand a 4’ x 6’ Glory Gloss flag of our state can the people be assured of the passage of legislation which which we shall be glad to loan to you for the duration of they desire. your Constitutional Convention. This flag is being mailed May we have your support in this matter. to you today under separate cover. It is requested that the flag be returned to us in good condition at the close of your convention. A. S. REILE, Secretary It is the hope of Governor Smith that the Flag of the State Central Labor Council of Honolulu of Missouri will add to your collection of the flags of the various states. MISCELLANEOUS COMMUNICATION NO. 25 JOHN A. HARRIS, Brigadier General The Adjutant General April 21, 1950 State of Missouri The Hawaii Education Association in convention assembled on April 5, 1950 in Hilo, Hawaii, adopted a resolution favor ing the incorporation of statutory initiative and referendum MISCELLANEOUS COMMUNICATION NO. 22 in the proposed state constitution. This stand was taken at the convention after due consideration was given to the Members of our organization hereby expresses its deep enclosed report entitled, STATUTORY INITIATWE, pre appreciation in your selection of Mrs. Flora Hayes as pared by the Joint Tax Study Committee. Therefore we are Chairman of the Committee handling the Hawaiian Homes enclosing a copy of it for your consideration. Commission Act matter. Our organization will appreciate it very much If you In view of the efforts being made by certain groups to could see your way clear in voting for the statutory initiative have the Hawaiian Homes Commission Act as provided for and referendum in our constitution. by the Organic Act be omitted from our State Constitution, we beg to inform you that our entire membership is in favor JAMES R. MC DONOUGH of having you call a Public Hearing at your earliest conven Executive Secretary ience dealing with this subject. This Act concerns our Hawaii Education Association people of Hawaiian ancestry. Thanking you very kindly in advance for your support, and awaiting a favor able reply, we are MISCELLANEOUS COMMUNICATION NO.26 PAUL PUAA, President April 24, 1950 Ewa Hawaiian Civic Club We are pleased to submit herewith a Resolution passed unanimously at a regular meeting of Honolulu Post, No. MISCELLANEOUS COMMUNICATION NO. 23 1540, of the Veterans of Foreign Wars of the United States, held Wednesday, April 19, 1950. April 19, 1950 This Resolution calls for the outlawing of the Communist party or any party dedicated to the overthrow of our govern This is to inform you and the Delegates to the Constitu ment by force and violence. tion convention, that we are opposed to any transfer or divorcement of lands from the Hawaiian Homes Commission FRANK F. FAST, Commander and, also, that we are not in favor of the reduction of the VFW, Post No. 1540 blood qualifications as required by the Hawaiian Homes Commission Act. Therefore, we wish to go on record disfavoring the RESOLUTION passage of any resolution or proposal, by your body, which WHEREAS, there is a need for a rededication to the are in conflict. Especially, do we request that your body principles and ideals upon which our Republic was founded; reject Resolutions 19 and 21. and 374 JOURNAL DOCUMENTS WHEREAS, the devotion and allegiance of each citizen and and all other delegates in the convention for their informatio organization to these principles is essential to the perpetua and guidance. tion of our Republic and to the continued growth of freedom and economic opportunity in America; and C. F. LEICESTER, Acting Chairman The Lanai Residents’ Committee WHEREAS, the Veterans of Foreign Wars of the United for Self-Government States, is an organization chartered by the Congress of the United States, which organization has demonstrated its patriotic devotion to our government and unquestioned RESOLUTION loyalty to the Constitution of the United States; and WHEREAS, the situation as regards the Island of Lanai WHEREAS, the Territory of Hawaii, is now holding a has changed materially since the days when it was made a constitutional convention, to propose a constitution for the part of Maui county and today it is a complex business State of Hawaii; and community of 3,000 residents; and WHEREAS, said constitution will contain the fundamental WHEREAS, the present situation is one in which the and basic law for said proposed State of Hawaii, and should Island of Lanai functions only as an appendage of the County guarantee not only the individual liberties we cherish so of Maui and this is, in effect, taxation without representatior highly but also the form of government we enjoy; and and WHEREAS, there are individuals and organizations WHEREAS, this situation has resulted in many and con dedicated to the overthrow of our government by force and tinued inequities not contributory to the best health, welfare violence; and prosperity of the residents of the Island of Lanai; and WHEREAS, the Island of Lanai is financially, politically NOW, THEREFORE, BE IT RESOLVED, by Honolulu and otherwise able to sustain and run its own affairs as a Post No. 1540 of the Veterans of Foreign Wars of the United county of the state of Hawaii; and States, that the Hawaii State Constitutional Convention be requested toincorporate into said proposed constitution, WHEREAS, the residents of the Island of Lanai at this a suitable provision outlawing the Communist Party and any mass meeting here tonight have heard the problem in all and all organization advocating the overthrow, by force and its aspects as a result of careful study by the Lanai Residen violence, of our form of government; Committee for Self-Government and strongly approve and endorse separate county status for Lanai and representation AND BE IT FURTHER RESOLVED, that copies of this in the State Legislature; so Resolution be sent to the Chairman of the Hawaii Constitu tional Convention, the Governor of the Territory of Hawaii, THEREFORE, this representative body of the residents c the President of the United States, the Speaker of the House, the Island of Lanai meeting here tonight respectfully petitioi the President of the Senate, the Chairman of the Democratic the honorable constitutional convention for the state of Party of Hawaii, and the Chairman of the Republican Party Hawaii to take whatever action necessary for the Island of of Hawaii. Lanai to gain separate county status and proper represen tation in the state of Hawaii legislature, in order that the Island of Lanai may gain its rightful place within the frame work of the state of Hawaii. MISCELLANEOUS COMMUNICATION NO. 27 RESOLUTION April 24, 1950 WHEREAS, the sitation as regards the Island of Lanai For many years the residents of Lanai Island have felt has changed materially since the days when it was made a the need for improvement of the present form of county part of Maui County—from a handful of residents it has government under which they live. As a part of the county grown into a complex business community of 3,000 residents of Maui they feel it has been difficult to enjoy the full fruits and of the tax burden carried. WHEREAS, the present situation is one in which the The calling of the constitutional convention, which will Island of Lanai functions only as an appendage of Maui write a charter for the new state of Hawaii, has given them county without effective voice in either county or territorial the encouragement and opportunity, finally, to take positive government; and this situation is, in effect, taxation without action for local self-government. representation; and Included herein are three resolutions, supporting meas ures—Proposal No. 8 and Resolution No. 22—now before the WHEREAS, this situation has resulted in many and con convention, which have been approved and endorsed by the tinued inequities not contributory to the best health, welfare Lanai Residents’ Committee for Self-Government and a mass and prosperity of the Island of Lanai; and meeting of some 700 Lanai residents Thursday, April 20, WHEREAS, the Island of Lanai is financially, politically 1950. and otherwise able to sustain and run its own affairs as a We would appreciate your referring the resolutions to county of the state of Hawaii; and the committees which now have under consideration these proposals to give consideration to making Lanai a separate WHEREAS, the residents of the Island of Lanai, cognizan county when Hawaii becomes a state, and grant Lanai repre of the inequities of their present status, have banded togeth sentation in Hawaii’s state legislature. to act in concert in seeking their rightful place within the In addition, inclosed are copies of a presentation, pre framework of the state of Hawaii; and pared by the Lanai Residents’ Committee for Self -Govern ment, outlining their case for county status and for r epr e WHEREAS, the delegates from Maui, as a result of a sentation in the new state legislature. We should greatly personal visit from a representative group of Lanai resider appreciate your distributing these to proper committees offered to, and did, introduce to the convention resolution MISCELLANEOUS COMMUNICATION NO. 30 375 no. 22 asking that careful consideration be given to making WHEREAS, Delegates Marguerite K. Ashford and Nils Lanai a separate county; and P. Larsen have introduced Proposal No. 8 to the constitu WHEREAS, the residents of the Island of Lanai feel their tional convention which entitles each island in the state of desire for local self-government is in keeping with the Hawaii, which has a population of 3,000 or more, to at least fundamentals on which the nation was founded and in harmony one representative to the house of representatives; and that with the principles on which Hawaii is making its rightful such islands shall be jointly entitled to one senator to serve claim for statehood; and in the senate of the state of Hawaii; so WHEREAS, the residents of Lanai island believe that THEREFORE, The Lanai Residents’ Committee for Self- county status warrants proper representation in the state Government, which has been empowered by the residents of legislature; so Lanai to act in their behalf, do hereby request favor able consideration by the constitutional convention of Proposal THEREFORE, the undersigned members of The Lanai No. 8 introduced by Delegates Marguerite K. Ashford and Residents’ Committee for Self-Government hereby respect Nils P. Larsen. fully petition the honorable constitutional convention for the state of Hawaii to take whatever action necessary for the Island of Lanai to gain separate county status and represen MISCELLANEOUS COMMUNICATION NO. 28 tation in the legislature of the state of HawaiL April 22, 1950 RESOLUTION With only a Public PROSECUTOR, but no Public DEFEN WHEREAS, the Island of Lanai today is a complex business DER in Hawaii, Justice can be truly said to hobble along on community of 3,000 residents, a vastly different situation one leg here. than when this island was made a part of the County of Maui I don’t know if either Prosecution or Defense is a meet many years ago; and subject to be included in a state constitution, but sincerely WHEREAS, in the present situation the Island of Lanai desirous of seeing jurisprudence keeping pace with all the functions only as a stepchild of the County of Maui—which other improvements the Convention is making, I respect is, in practical application, taxation without representation; fully submit the above suggestion for your kind consider a and tion. WHEREAS, the Island of Lanai is financially, politically Best wishes for a successful completion of your work! and otherwise able to sustain and run its own affairs as a county of the state of Hawaii; and GOTTFRIED SEITZ (Unsuccessful Candidate for Delegate WHEREAS, the desire for local self-government by the to the Convention from Comb. “P”) Island of Lanai is in keeping with fundamentals on which this nation was founded, and in harmony with the principles on which Hawaii is making its rightful claim for statehood; so MISCELLANEOUS COMMUNICATION NO. 29 THEREFORE, the undersigned officers by authorization April 22, 1950 of the members of the Lanai Unit, Maui County Chamber of Commerce do hereby respectfully petition the honorable We, the West Maui Hawaiian Civic Club are opposed to constitutional convention for the state of Hawaii to take any action to destroy the Hawaiian Homes Commission and whatever steps are necessary for the Island of Lanai to its projects. gain separate county status and its proportional represen Your efforts and aloha in any measure to protect the tation in the legislature of the state of Hawaii. interests of the Hawaiian Homes Commission Act from detrimental attacks will be greatly appreciated by the West RESOLUTION Maui Hawaiian Civic Club. Thanking you very kindly for your attention, and mahalo, WHEREAS, the situation as regards the island of Lanai I remain, today has changed materially since the voting districts now in existence were established; and SAMUEL K. MOOKINI, President WHEREAS, the present situation is one in which the Island West Maui Hawaiian Civic Club of Lanai has no representation in the territorial legislature represents, in effect, taxation without representation; and WHEREAS, adequate representation is essential to the MISCELLANEOUS COMMUNICATION NO.30 best health, welfare, prosperity and development of Lanai April 20, 1950 as an island of the state of Hawaii; and WHEREAS, the citizens of the island of Lanai desire to We members of the Hawaiian Association of Future Far have adequate representation in the state of Hawaii legisla mer s voted unanimously in favor of statehood for Hawaii at ture so that problems peculiar to their island will be given our recently held Twenty-first Annual Convention. proper attention by the state legislature; and This organization is composed of twenty-five active Future Farmer Chapters from all over the territory. WHEREAS, the citizens of the island of Lanai feel there We have great faith in you and hope you will draw up a is no just or rightful reason why such representation should constitution of which we shall be proud. be denied; and WHEREAS, the island of Lanai today is a complex business CALVIN ARAKAWA community with a population of more than 3,000; and H.A.F.F A. Student Secretary 376 JOURNAL DOCUMENTS MISCELLANEOUS COMMUNICATION NO. 31 The purpose of the said meeting is to solve the unemploy ment situation most particularly to our aliens Filipinos in April 21, 1950 Hawaii. On the occasion of the Statehood Convention, we invite At a regular meeting held April 16, 1950, of the Council your presence to attend our meeting so that you can embody of the Hawaiian Civic Clubs on Oahu, which includes dele in your Constitution the permanent solution when unemploy gates from the seven clubs on this island; namely, Koolau ment arise like this time in Hawaii alter it becomes a State. poko, Koolauloa, Waialua, Waianae, Nanaikapono, Eva, and The part or parties responsible of bringing the people to Honolulu, the Hawaiian Homes Act and its inclusion into the this Territory must be held responsible when unemployment Constitution for the State of Hawaii was discussed. becomes a menace to the State. As a result of this discussion and since the Hawaiian I am inviting the President of the body to attend and if Civic Club has always regarded the Rehabilitation Act as unable the authorized Representative of the State Convention one of the most cherished pieces of legislation which the must be delegated to appear on their behalf. Hawaiians have enjoyed since 1921, the members of the In connection her ewith, I appeal on behalf of the Filipino Council unanimously elected to have me request of you that People, that the Present State Constitutional Convention a public hearing be called for the purpose of discussing the must not forget the obligation toward the People that are status of the Rehabilitation Act, relative to its inclusion in aliens their eligibility to become a Citizen under your pre the Constitution. sent laws provided they show loyalty to the State and to the great America where we belong. W. C. KEA, President In this Convention no Delegate of Filipino Ancestry and Council of Hawaiian Civic Clubs on Oahu we hope that our share must not be forgotten by the present elected Delegates by some of our own people. We all hope for the best interest of the Community and MISCELLANEOUS COMMUNICATION NO. 32 the general welfare of our people. Hoping that some one from your body must be in the said April 21, 1950 meeting for our satisfaction and for the information of the general public of what the Delegates are up to to solve the Enclosed is a report on Provisions on Taxation and present and future unemployment situation. Finance in the Proposed Constitution prepared by the Re search Committee of this Association. This report was E. A. TAOK adopted at the 1950 Convention of this Association on April 5, 1950. The Hawaii Education Association will appreciate it if MISCELLANEOUS COMMUNICATION NO. 35 you would give due consideration to its proposals on taxation and finance. April 13, 1950 JAMES R. MC DONOUGH It is with a great deal of pleasure that on behalf of the Executive Secretary State of Delaware I am sending you and the people of Hawaii Hawaii Education Association a 3’ x 5’ flag of the State Delaware. As Governor of the first state to enter the United States, I wish to send the warm greetings of the people of Delaware MISCELLANEOUS COMMUNICATION NO. 33 and their best wishes for a successful termination to the endeavors of the people of the Territory of Hawaii. 11 April 1950 ELBERT N. CARVEL, Governor Your letter of April 5, 1950 to Honorable John W. Bonner, State of Delaware Governor of the State of Montana, has been referred to this office for reply. Because of so many requests for State Flags, we have MISCELLANEOUS COMMUNICATION NO. 36 been forced to sell these flags at actual cost. The cost of the 3’ x 5’ flag which you request is $18.00. Upon receipt April 13, 1950 of your money order or check payable to the Treasurer, State of Montana, a flag will be sent to you. Your letter of April 5, 1950, addressed to Governor W. If you desire to borrow this flag for a few days only, Kerr Scott, in which you requested a Flag of the State of and return to this office alter the ceremonies are completed, North Carolina has been referred to this office. Under no charge will be made. separate cover we are forwarding you our State Flag, size 3’ x 5’ as per your request. S. H. MITCHELL Governor Scott and the people of North Carolina will be Brigadier General, AGD, Montana NG very proud to have our Flag displayed along with the other The Adjutant General State Flags in your Convention Hall. You have our sincerest best wishes for a very successful Convention. MISCELLANEOUS COMMUNICATION NO. 34 GEO. B, CHERRY April 22, 1950 Superintendent of Public Buildings and Grounds State of North Carolina The undersigned is chairman of the Public Mass meeting to be held at Aala Park on April 29, 1950 from 7:00 P.M. to 11:00 P.M. MISCELLANEOUS COMMUNICATION NO. 44 377 MISCELLANEOUS COMMUNICATION NO. 37 MISCELLANEOUS COMMUNICATION NO. 41 April 12, 1950 April 11, 1950 Thank you very much for your letter of April 5 together In accordance with your request, we have forwarded to with a copy of Resolution No. 6. you, under separate cover, one flag of the State of Louisiana The official Flag of the State of Maine is in the custody for your use in the Convention Hall in Honolulu. of the Adjutant General. We are very limited on the number With all good wishes for a most successful Convention. that we have available as these are continually being request ed for use on many occasions. I am, however, asking the A. A. FREDERICKS Adjutant General to write you concerning the possibility Executive Assistant to the Governor of providing a Flag on a loan basis for the period you have State of Louisiana specified and I know that if one is available arrangements will be worked dut. The very best wishes of the State of Maine go to you. MISCELLANEOUS COMMUNICATION NO. 42 FREDERICK G. PAYNE, Governor April 13, 1950 State of Maine In reply to your letter of April fifth with the accompany ing resolution, I regret to advise you that New Hampshire MISCELLANEOUS COMMUNICATION NO.38 does not have available for distribution State Flags. The laws governing the use of the Stage Flag are very strict, April 14, 1950 and have been interpreted to mean that the State Flag shall be restricted in use in such a manner which would make it I have a copy of Governor Battle’s reply to your letter unavailable for general distribution. I trust that you wi’l of April 5th, in reference to a Virginia State Flag. not take this as a categorical refusal of your request, but Our stock sizes are two by three and four by six feet. only as an explanation of why it is impossible to send you We ares therefore, forwarding to you, under separate cover, the flag you requested. one four by six feet Flag, which size we hope you will find satisfactory. EDWARD J. REICHERT Secretary to the Governor D. V. CHAPMAN, JR. State of New Hampshire Superintendent Grounds and Buildings State of Virginia MISCELLANEOUS COMMUNICATION NO. 43 April 11th, 1950 MISCELLANEOUS COMMUNICATION NO. 39 I wish to acknowledge receipt of your letter of April 5th, addressed to Governor Lane, requesting a Maryland flag, April 12, 1950 for the use of the Hawaii State Constitutional Convention now in progress. This will acknowledge receipt of your letter of April 4 Our appropriations are insufficient to furnish flags gratis, transmitting certified photostatic copy of Resolution No. 4, however, we will be very glad to lend you a flag measuring which was unanimously adopted by your Convention on 3’ x 5’ to be hung in the Convention Hall in Honolulu during April 4, 1950. the period of the Convention, but would appreciate it if you This resolution will be brought to the attention of the will give us some idea of the length of time that the flag Senate. would be in use. ALBEN W. BARKLEY C. F. TUCKER Vice-President of the United.States Executive Secretary to Governor State of Maryland MISCELLANEOUS COMMUNICATION NO.40 MISCELLANEOUS COMMUNICATION NO.44 April 17, 1950 April 11, 1950 In the absence of the Speaker, I have for acknowledgment your letter of April 7th transmitting a certified photostatic This will acknowledge your letter of April 5, 1950 enclo copy of Resolution No. 4, which was unanimously adopted by sing certified copy of Resolution adopted by the Constitu the Constitutional Convention of Hawaii of 1950, on April tional Convention of Hawaii, requesting our State Flag to be 4, 1950. hung in your Convention Hall during the period in which the Convention remains in session. ROBERT T. BARTLEY We are sorry this office doesnot have flags available for Administrative Assistant distribution, however the State of Michigan does have them to the Speaker available on a loan basis for such purposes. Therefore, we U.S. House of Representatives have conferred with John Gainer, State Property Manager, 378 JOURNAL DOCUMENTS Room 24, Capitol Building, Lansing, Michigan, and are With best wishes for the success of your Honorable Body. referring your request to him for attention. You may expect to hear from Mr. Gainer at an early MRS. TANG YAU FONG date. JULIE M. LAWLER MISCELLANEOUS COMMUNICATION NO. 48 Personal Secretary to Governor State of Michigan April 12, 1950 Governor Okey L. Patteson has referred to this office your letter of April 5 requesting a West Virginia State Flag MISCELLANEOUS COMMUNICATION NO. 45 for display in the Constitutional Convention Hall in Honolulu. April 12, 1950 A West Virginia State Flag, size 3’ x 5’, is being forward ed to you under separate cover. Please let me know if we can be of any further service. At the request of Governor G. Mennen Williams we are sending you by parcel post a 3x5 cotton bunting State of Michigan Flag to be displayed in the Convention Hall at ROBERT W. MC KINNON Honolulu during the Hawaiian State Constitutional Convention Executive Director now in progress. State of West Virginia We would like to give you this flag outright but we only have several of them on hand to loan out for special MISCELLANEOUS COMMUNICATION NO. 49 occasions, and we will appreciate your returning same to us after the Convention is over. April 12, 1950 With every good wish for a successful convention. Your letter of April 5, addressed to Governor Folsom, JOHN GAFNER has been referred to me for reply. Under separate cover, State Property Manager I am mailing you an Alabama State flag as you requested. State of Michigan Granting this request is a pleasure. Please accept our best wishes for a successful Constitu tional Convention and we send greetings from the State of MISCELLANEOUS COMMUNICATION NO.46 Alabama. April 26, 1950 W. MAXWELL PEACOCK Chief of Service We are shocked at the action of the Convention in illegally State of Alabama expelling Delegate Frank G. Silva for so-called “contuma cious” conduct. Those who wrote our American Constitution—the Tom MISCELLANEOUS COMMUNICATION NO. 50 Paines, the Patrick Henrys, the Sam Adamses, the Thomas Jeffersons— could not sit in Hawaii’s Constitutional Conven April 11, 1950 tion today; if they were not expelled for “contumacious” conduct, they would shun it as a gathering of Tories and In response to the request of the Hawaiian State Constitu frightened people. The few delegates in the Convention who tional Convention transmitted with your letter of April fifth, are truly liberal and unfrightened appear to be in such a I am making the necessary arrangements for a Virginia Stat~ distinct minority that their best efforts will be hopeless. Flag to be shipped to you. If the future conduct of the Convention follows the pattern it has thus far, a draft constitution will be a straight jacket JOHN S. BATTLE, Governor for the people of Hawaii and not a vigorous, democratic State of Virginia foundation for a happy, prosperous and integral State in the Union. THE EXECUTIVE OFFICERS MISCELLANEOUS COMMUNICATION NO. 51 EDWARD HONG, Secretary International Longshoremen’s and April 13, 1950 Warehousemen’s -Union, Locals 136, 142, 150 and 152 Governor Duff has requested me to reply to your letter of April 5th in which you request a Pennsylvania State Flag. I regret that, due to lack of an appropriation for this purpose, we are unable to donate a State Flag to your Con MISCELLANEOUS COMMUNICATION NO.47 vention, but we will be very happy to lend you one to be used until it has served its purpose. April 26, 1950 With best wishes in drafting the Constitution for the proposed State of Hawaii. My family and I are deeply appreciative of the kindness of the Honorable Members of the Hawaii State Constitutinal CHARLES F. RUGABER Convention as expressed in the resolution adopted. We shall Office of the Governor cherish this resolution. State of Pennsylvania MISCELLANEOUS COMMUNICATION NO. 57 379 MISCELLANEOUS COMMUNICATION NO. 52 to manufacture because of the intricacies of the production of the Seal of Minnesota which is the central motif of the 24 April 1950 flag. The silk flags cost from $70.00 to $140.00 and woolen flags cost $22.00 each. For this reason, Minnesota is Your letter of 5 April, addressed to Governor Dewey, in unable to comply with the many requests received for state which you request a New York State flag, has been referred flags and we are, therefore, not in position to make such to this Office. a flag available to the Constitutional Convention of Hawaii. We are very happy indeed to comply with your request; the order for the 3’ x 5’ flag has been placed, and shipment J. E. NELSON, Brigadier General (by air express) has been promised for about 15 May. The Adjutant General It is a pleasure and a privilege for the State of New York, State of Minnesota through Governor Dewey, to make this presentation, and to know that the emblem will hang with the flags of its sister states and of the Territories during the sessions of the MISCELLANEOUS COMMUNICATION NO. 56 Hawaii State Constitutional Convention. The flag may also be said to be a symbol and a reminder of the fact that April 11, 1950 Hawaii was “host” to New York’s own troops, the 27th Division, during the troubled days of World War II. Your letter of April 5th, enclosing a copy of a resolution adopted by the Constitutional Convention of Hawaii is being For the Chief of Staff to the Governor: referred to the Honorable Earl T. Newbry, Secretary of State, as he serves as custodian of Capitol Buildings and WILLIAM H. KELLY, Brigadier General equipment. Vice Chief of Staff to the Governor You will hear direct from Mr. Newbry in response to State of New York your request for an Oregon state flag for display in your Convention Hall. I am sure that if one of the flags is avail able, it will be provided in accordance with your suggestion. MISCELLANEOUS COMMUNICATION NO. 53 DOUGLAS McKAY, Governor April 19, 1950 State of Oregon This office has received your Resolution regarding a State Flag from the State of Wyoming. We regret to state MISCELLANEOUS COMMUNICATION NO. 57 that the flags we have in our possession are out on loan and have not been returned, so we will be unable to comply with April 25, 1950 your request. Our Legislature has failed to appropriate funds for the The members of the Lalau 0 Keliiahonui of Kamuela, purchase of State Flags for this office and it is difficult for Hawaii, wish to protest the action, that has been publicized us to acquire them. in the newspapers, taken by one of the convention delegates, Mrs. Margaret Ashford. A. G. CRANE, Governor We, of Hawaiian ancestry, feel that if the Hawaiian Com By: HENRY W. LLOYD, mission Acts were abolished, our people would be denied Secretary to the Governor one of their staunchest friends and debtors. Were it not for State of Wyoming the keen insight of Prince Kuhio and the establishment of the Acts, the Hawaiian people as a race today, may be only a name. MISCELLANEOUS COMMUNICATION NO. 54 The Acts has aided our people in many ways so that today we may once more hope to be as we once were, it has given April 12, 1950 us encouragement to meet the competition of a foreign world and it has also brought out in our people that leadership Your letter of April 5 and enclosed resolution, addressed and cooperation that a new state will need. to the Honorable Luther W. Youngdahl, have been received The Acts gave to us lands which were either rocky or and referred to Brig. General Joseph E. Nelson, the Adjutant lacking in water but our people tried to the best of their General. He will write you further concerning this matter. ability to do the most with what they had. Recently though, the lands granted have been better and we are most grateful RICHARD C. HANSEN for that but for the vast lands that once were our people’s Executive Secretary to the Governor all we have left is that contained in the Acts. “SHOULD State of Minnesota THIS TOO, BE DEPRIVED OF US?” We plead most humbly for your and your friends’ help that we may not be deprived of what little we have, that we MISCELLANEOUS COMMUNICATION NO. 55 may not be a “forgotten people” again, that the Hawaiian Commission Acts be included into the new state constitution 17 April 1950 in its entirety. Mahalo a nui ba. Your communication of April 5th addressed to Governor Youngdahl in regard to procuring a Minnesota State Flag WILLIAM L. KAHUENA, President has been referred to this office for the necessary attention. Halau 0 Keliiahonui Unfortunately, there are very few Minnesota Flags in Hale 0 Na Au 0 Hawaii existence, due to the fact that they are difficult and expensive Helu 6, Kamuela, Hawaii 380 JOURNAL DOCUMENTS MISCELLANEOUS COMMUNICATION NO. 58 MISCELLANEOUS COMMUNICATION NO. 62 April 27, 1950 April 14, 1950 Thank you for your courtesy in sending to me a certified Governor Beardsley has referred to us your letter of copy of the record relating to the action taken by the Hawaii April 5 wherein you requested an Iowa flag for your Conven State Constitutional Convention relating to ~ ank G. Silva. tion. We are happy to comply with your request, and by I desire also at this time to express to you and your separate mail we are sending you a 3’ x 5’ Iowa flag. associates the thanks of this Committee for the very courte ous manner in which we were received in your convention. RODNEY Q. SELEY, Director Iowa Development Commission FRANCIS E. WALTER Chair man of Subcommittee Committee on UnAmerican Activities MISCELLANEOUS COMMUNICATION NO. 63 Congress of the United States April 13, 1950 We are sending you a flag of the State of Washington, as MISCELLANEOUS COMMUNICATION NO. 59 requested in your letter of April 5 to Governor Arthur B. Langlie, to be hung in the Convention Hall in Honolulu, T. H., The Committee on Health and Public Welfare would like during the period in which this convention remains in an informal discussion with the Committee of the Whole session for the purpose of drafting a Constitution for the regarding the problems that have come up regarding propo proposed State of Hawaii. sitions on health and welfare and to present before the Com We will appreciate your returning this flag to us when it mittee of the Whole their tentative conclusions as to what has served your purpose. We are not permitted by state they believe should be incorporated into the constitution. law to give away flags, which are held to be state property, We will try to have on each Delegate’s desk by Wednesday but you may retain this flag as long as may be necessary for morning a copy of these tentative proposals on which they your purposes. will ask for general questions, objections or additions or We are pleased to have opportunity to cooperate with you reactions of the members to any of these propositions. in this regard. NILS P. LARSEN, Chairman C. E.JOHNS Health and Public Welfare Committee Executive Secretary to Governor State of Washington MISCELLANEOUS COMMUNICATION NO.60 MISCELLANEOUS COMMUNICATION NO.64 April 12, 1950 AprIl 13th, 1950 This will acknowledge receipt of your letter of April 5th, I wish to acknowledge receipt of your letter of April 5th and of the certified copy of Resolution No. 6, which was to which was attached a copy of Resolution No. Six adopted adopted by the Constitutional Convention of Hawaii. by the Constitutional Convention of Hawaii of 1950. We will be happy to cooperate with the Territory of Hawaii I am, this day, requesting that a Nevada State Flag be in this regard, and I am, therefore, requesting the Secretary sent to you. of State to make available to you, on a temporary basis, a Although the measurements of the Flag do not conform flag of the State of Utah. exactly to those you specify, I feel that it will fulfill its I wish you every success during the convention, and in purpose. We wiil be honored to have it hung in the Conven your application for Statehood. tion Hall in Honolulu, Territory of Hawaii. You have my kindest regards and every good wish. J. BRACKEN LEE, Governor State of Utah VAIL PITTMAN, Governor State of Nevada MISCELLANEOUS COMMUNICATION NO. 61 MISCELLANEOUS COMMUNICATION NO.65 April 13, 1950 April 14, 1950 This will acknowledge receipt of your letter of April At the request of Governor Plttman we are today forward 5, 1950, relative to obtaining flags of uniform size from ing you a Nevada State flag to be hung in the Convention Hall all States and Territories of the United States. in Honolulu, Territory of Hawaii. I am referring your request for an Iowa flag to the Iowa Development Commission for reply, inasmuch as that depart W. T. HOLCOMB ment handles matters of this kind, and I am sure you will State Highway Engineer hear from them soon. By: A. BERNING, Jr. WM. S. BEARDSLEY, Governor Engineer of Personnel State of Iowa State of Nevada MISCELLANEOUS COMMUNICATION NO. 71 381 MISCELLANEOUS COMMUNICATION NO. 66 document without looking it over or checking into it any further. 18 April 1950 We now find that we misunderstood the exact purport of the document and now under stand that it would have the Your communication of 5 April 1950 to the Honorable effect of doing away with the Hawaiian Homes Commission Frederick G. Payne, Governor of the State of Maine, relative Act. We are writing this letter because of the fact that we to the resolution passed by the Hawaii State Constitutional are both very much in favor of continuing with the project Convention with reference to the need of state flags has been which the Hawaiian Homes Commission has in Waimea and referred to me for my consideration and for action. request that our signatures be striken from the petition. The only state flag that we have of the proper size is at present on loan to the Republic of France for a special FRANCIS G. RUDDLE occasion. However, the flag should be returned to the State SAMUEL M. SPENCER of Maine on or before June 30th, 1950. Of Hilo, Hawaii Your communication does not indicate just when you would require this flag to be displayed with others from the 48 states in your convention hall in Honolulu. Therefore, I MISCELLANEOUS COMMUNICATION NO. 69 am wondering if a flag shipped from Maine on or about the first of July would arrive in time to be of any value to your May 2, 1950 convention. I would appreciate hearing from you on this matter because I would be more than interested to comply We have noticed from newspaper reports that there is a with your request if it were possible to do so. move afoot in the constitutional convention to completely It might be in order that I point out at this time the reason leave out from the proposed state constitution all present why we do not have available quantities of state flags in this provisions of the Hawaiian Homes Commission Act. particular size so that we could take care of all requests. The Nanaikapono Hawaiian Civic Club, of Nanakuli, The facts of the case are as follows: objects strenuously to any omission of the provisions of the The Maine State flag is of very intricate design, contain Hawaiian Homes Commission Act in the proposed state ing many colors and to procure one of these flags with the constitution. For the protection of the Hawaiian home staff from the manufacturer means an expense of approxi steader s and for the protection of the Hawaiians, which race mately $100.00. On the other hand, you would find that the is dying out, we urge that the laws passed by Congress in state flags of some other states, namely Alabama, can be 1920 be continued. We see no reason why such laws, which procured for between twelve and fifteen dollars. For this have been in full force and effect with the approval of Con reason we do not have at any time on hand more than one or gr ess and the people of Hawaii for thirty years, should not two of the official 3x5 size flags. be continued. I shall, however, be interested to hear from you and if We, therefore, respectfully request that each and every we can ship the flag referred to in time, we shall be more one of you consider seriously the position of the Hawaiians than pleased to do so. and the Hawaiian homesteaders if such act is omitted. We respectfully urge the inclusion of the act in the constitution GEORGE M. CARTER, Brigadier General for the State of Hawaii. The Adjutant General State of Maine LILLIAN K. KAI Corresponding Secretary Nanaikapono Hawaiian Civic Club MISCELLANEOUS COMMUNICATION NO. 67 April 20, 1950 MISCELLANEOUS COMMUNICATION NO. 70 Governor Warren is in receipt of your letter, and copy April 28, 1950 of Resolution of your Convention, and requests me to advise he regrets the Legislature has made no provision At a recent meeting of the Hawaiian Civic Club for for distribution of our State Flag. Women of Hawaii, this club went on record opposing any The Governor trusts you will under stand his position in action to repeal The Hawaiian Homes Commission Act of the matter, and extends his best wishes for your Convention. 1920, and favoring the inclusion of said Act into the Hawaii State Constitution. May we count on your kokua in this FRANK S. WRIGHT matter? Assistant to the Governor State of Florida MRS. JOSEPHINE MEHAU Corresponding Secretary Hawaiian Civic Club for Women of Hawaii MISCELLANEOUS COMMUNICATION NO. 68 May 1, 1950 MISCELLANEOUS COMMUNICATION NO. 71 Last week Senator Nobriga requested that we sign a May 2, 1950 petition which he was passing around. We recognized a number of the signatures and asked him what it was about. I am enclosing herewith two different copies of resolutions We understood that it had to do with the use of the lands of submitted and unanimously approved before the mass meeting the Watakea Homesteads for farm purposes and signed the held at Aala Park last April 29th, 1950 of which the Presi 382 JOURNAL DOCUMENTS dent or his authorized Representative was invited but MISCELLANEOUS COMMUNICATION NO. 73 failed to attend. Its because of the interuption of the rain and the Lei Day May 4, 1950 Program. However, again I respectfully invite any of the Delegates We, the people, of the Nanaikapono Homesteads, Nanakuli, to come if the President is unable to attend on the next Oahu (under the Hawaiian Homes Commission Act, 1920, meeting at Aala Park, Honolulu, Sunday May 7, 1950 from as amended), are very anxious that you, Mr. President, and 7:00 P.M. to 11-P.M. your Honorable Delegates will include in the State Constitu The purpose of the said meeting is to help find means tion of Hawaii, the Hawaiian Homes Commission Act, 1920, and ways to relieve the unemployment situation in Hawaii as amended, without modifications. We know if such will be most particularly to our alien Filipinos unemployed. done, then whatever resolutions may be introduced — such as Resolutions 19 and 21, inclusively—opposing the Hawaiian E. A. TAOK, Chairman Homes Commission Act, 1920, as amended, —will not prevail, We also feel that there should be a public hearing so that much understanding will be gained. MISCELLANEOUS COMMUNICATION NO. 72 WILLIAM K. KAHOONEI, President May 3, 1950 Some time ago, the Hawaii Housing Authority was asked MISCELLANEOUS COMMUNICATION NO. 74 to submit recommendations on language that might be con sider ed in the Constitutional Convention for the constitutional April 28, 1950 provisions to cover public housing, slum clearance, commu nity development, and redevelopment. The Authority pro WE, the undersigned committee, representing the Molokai vided a short paragraph in very broad language at that time Community Association, composed of homesteaders residing and then submitted a copy of the language the Authority at Hoolehua; Kalanianaole Homesteaders Association, com used to the Public Housing Administration, asking for posed of homesteaders residing in the Kalamaula area; and suggestions on what they would consider appropriate. the Onealii Community Association, composed of home The San Francisco Field Office submitted the Authority’s steaders residing at Kamiloloa, do hereby strenuously pro tequest to the Washington Office and the Public Housing test the sections of Convention Resolutions No. 19 and No. Administration and the Housing and Home Finance Agency 21 that affect the Hawaiian Homes Commission Act. considered the request and submitted provisions which they believed would be adequate to cover these subjects. The HENRY WIEBKE A. K. CHU following language is a joint recommendation of the above KENNETH W. AULD WALTER J. CHANG agencies and the Hawaii Housing Authority and is respect EDITH N. KAMAKANA fully submitted for your consideration for inclusion in the constitution: The legislature may provide, in such manner, by such MISCELLANEOUS COMMUNICATION NO. 75 means, and upon such terms and conditions as it may prescribe, for low-rent housing for persons of low income April 25, 1950 as defined by law, or for the clearance, replanning, re construction, development, redevelopment and r ehabili Thank you for your letter of April 5 in which you transmit tation of blighted, substandard or insanitary areas, or a resolution of the Constitutional Convention of Hawaii, re for both suchpurposes, and for recreational and other questing that we send to you a state flag of Wisconsin to han~ facilities incidental or appurtenant thereto. in the convention hall. For and in aid of such purposes the legislature may, It is necessary for us to order such a flag from the manu notwithstanding any other provision of this Constitution, facturer, which has already been done, and it will be my grant or authorize tax exemptions in whole or in part; pleasure and privilege to ship the flag to you immediately authorize the acquisition of property by eminent domain upon its arrival. or otherwise; authorize disposal of property by sale, lease, or otherwise, upon such terms and conditions, in OSCAR RENNEBOHM, Governor cluding restrictions on use, as may be deemed in the State of Wisconsin public interest; and authorize the state or any municipal or other public body to levy taxes, borrow money, and furnish public services, facilities, funds and other aid. MISCELLANEOUS COMMUNICATION NO. 76 After studying other state constitutions, it is indicated that the above draft includes some provisions similar to May 3, 1950 those found in the New York and Missouri constitutions. Please advise if we may be of any assistance and if Just eight days following the close of the Congressional further information or data is desired. Un-American Activities Committee hearings held in Hono lulu, this organization sponsored an anti-communist com A. S. GUILD, Executive Director munity rally. Hawaii Housing Authority This “call to arms” was in keeping with the oft repeated advice of many leading officials of our government, from prominent Members of Congress, from official spokesmen of the Federal Bureau of Investigation, from leading citizens and newspaper editorials. MISCELLANEOUS COMMUNICATION NO. 82 383 The enclosed Resolution was adopted unanimously by the MISCELLANEOUS COMMUNICATION NO. 79 audience and the representatives of civic organizations present at the rally. 3 May 1950 We believe the battle against communism must be a constant and united effort of several factors; the exposure of Your letter of 5 April 1950, to the Governor of this and punishment by the proper national and state government State, requesting that a State Flag be furnished you for use agencies; the legal eradication, if constitutionally possible, during your Constitutional Convention, has been forwarded by legislative action; and last, but highly important, an this office for reply. effective and relentless educational campaign in every com I regret to inform you that this office does not at this munity, on a “grass-roots” level, which discloses the true time have a flag which we could provide for your use. menace of communism and stresses the tried-and-proven advantages of our free American system. CHARLIE F. CAMP, Colonel, AGD Georgia National Guard JOHN T. JENKINS, Executive Secretary Asst. Adjutant General IMUA —“ FORWARD”—wtth the Hawaii Residents’ Association MISCELLANEOUS COMMUNICATION NO. 80 MISCELLANEOUS COMMUNICATION NO. 77 May 4, 1950 April 29, 1950 We are happy to send you a Connecticut state flag to be hung in the Convention Hall in Honolulu for the 1950 Many thanks for your generous wire relative to my efforts Constitutional Convention of Hawaii. in behalf of statehood for Hawaii. The flag which we are sending is a 4 x 6, and I hope you I sincerely believe that the time has arrived for this will find it acceptable. recognition of the status of the Territory of Hawaii in the Best wishes for the success of the Convention. family of states and hope your efforts may meet with success. CHESTER BOWLES, Governor EARL WARREN, Governor State of Connecticut State of California MISCELLANEOUS COMMUNICATION NO. 81 MISCELLANEOUS COMMUNICATION NO.78 May 1st 1950 May 8, 1950 Thank you very much for your letter of April 28th., with At a luncheon meeting of We, the Women of Hawaii held regard to a Maryland State Flag to be used during the Con on May 3, 1950, a resolution affirming our belief in the basic vention. principles of the Hawaiian Homes Commission Act and that Flag is being mailed as of this date and it will be said Act should be incorporated into the Constitution of the appreciated if you can return it to us not later than June State of Hawaii, was offered and adopted, and, a certified 30, 1950. copy thereof is transmitted herewith for the consideration of the delegates of the Constitutional Convention. C. F. TUCKER Executive Secretary to the Governor (MRS.) MARY K. ROBINSON, President State of Maryland We, the Women of Hawaii MISCELLANEOUS COMMUNICATION NO. 82 RESOLUTION May 16, 1950 WHEREAS, We, the Women of Hawaii, believe in the basic Enclosed please find copies of two articles; namely, principles of the Hawaiian Homes Commission Act; and Henry A. White’s Tax Proposal for Our Constitution and Real Property Tax and Home Exemption Provision. WHEREAS, we believe this Act is not discriminatory The first article was prepared in answer to Mr. White’s legislation, but rather justly protective legislation; and original Proposal No. 13 in which he advocated the elimi WHEREAS, we believe that the basic principles of this nation of the personal net income tax. Our committee has Act should be preserved by constitutional law, rather than taken a stand against the elimination of the personal net be left to the discretion of future legislators; now, therefore, income tax. However, we do agree with the redraft of Proposal No. 13 in which Mr. White suggests the elimination BE IT RESOLVED, that We, the Women of Hawaii, believe of home exemption. that the basic principles of the Hawaiian Homes Commission Section 13 of the redraft of Proposal No. 13 provides for Act should be incorporated into the Constitution of the State graduated rates for net income and inheritance taxes. We of Hawaii; and, be it further request that you consider also the inclusion of a gift tax RESOLVED, that certified copies of this Resolution be along with the net income and inheritance taxes. Our com transmitted to the Congress of the United States of America mittee feels that for taxation purposes we only need to and to the Constitutional Convention of Hawaii of 1950. retain Section 12 of the redraft of Proposal No. 13 and that 384 JOURNAL DOCUMENTS Section 13 could very well be deleted. This will leave the The Board of Directors of the Chamber of Commerce of right of providing a tax system to the legislature. Honolulu approved the report of its subcommittee, a copy Proposal No. 13 provides for debt limitations. Unfor~ of which is attached. tunately, such a limitation will work a hardship when we are The Board transmits this report to the Convention in the in a depression and need to borrow money in order to carry hope that it will be of assistance to the members of your on governmental services and also to alleviate the sufferings subcommittee on Bill of Rights and General Welfare in the of the people. In other words when we need to borrow money preparation of its final report to the Convention. most we shall be in a position of not being able to borrow if such a restriction is placed in our constitution. Therefore, JOHN A. HAMILTON we request that you do not place any debt limits in our Executive Vice-President constitution. However, new debts should be authorized by Chamber of Commerce of Honolulu the following procedure: an authorization by the legislature for a specific project or object and approval by a referendum at a regular or special election. Thank you for the consideration that you give this letter MISCELLANEOUS COMMUNICATION NO. 86 and the enclosed articles prepared by the Joint Tax Study Committee. May 13, 1950 JAMES R. McDONOUGH With reference to the question which has arisen regarding Secretary, Pro tern the inclusion of the Rehabilitation Act in the Constitution now Joint Tax Study Committee in process of preparation by the Statehood Committee for the proposed St ate of Hawaii, this subject was taken under consideration at meeting of the DAUGHTERS AND SONS OF MISCELLANEOUS COMMUNICATION NO. 83 HAWAIIAN WARRIORS held this day. There was expression of great concern at the meeting May 16, 1950 over the probability of not including the Hawaiian Homes Act in the Constitution for the State of Hawaii, and it is The Honolulu Redevelopment Agency, at its meeting on needless to relate here what disastrous effect upon the Friday, May 12, 1950, voted its approval to the recommen native Hawaiian there would be should this Act not be in dation of the Hawaii Housing Authority with reference to cluded. So little is left of the birthright of the native Hawaiia the language that might be considered in the Constitutional The Hawaiians have been crowded out in the influx of other Convention for the constitutional provisions to cover public people who have come to Hawaii that the taking away of this housing, slum clearance, community development and Rehabilitation Act would remove the last stanchion the native redevelopment. Hawaiian has to maintain himself and family. It was the unanimous vote at the meeting held May 13, 195( ADOLPH J. MENDONCA, Chairman that this Ahahui -DAUGHTERS AND SONS OF HAWAIIAN Honolulu Redevelopment Agency WARRIORS submit a request that a public hearing be called for the purpose of discussing the inclusion of the Rehabilita tion Act in the Constitution for Statehood. MISCELLANEOUS COMMUNICATION NO. 84 KILAUEA GUMPFER, Premier Daughters and Sons of Hawaiian Warriors May 16, 1950 This is to advise that the Board of Directors of the Chamber of Commerce of Honolulu at a meeting held on MISCELLANEOUS COMMUNICATION NO. 87 May 11th, 1950 considered the question of including in the State Constitution, now being drafted, the provisions for May 17, 1950 Hawaiian Rehabilitation. The Board of Directors of the Chamber of Commerce of The Business Men’s Club of the Central Branch Y.M.C.A. Honolulu is on record as favoring the principle as contained extends a cordial invitation to the members of the Constitu in the Hawaiian Homes Commission Act to be made a part tional Convention to be their guests in healthful and relaxing of the State Constitution for Hawaii. recreatiohal activities for the remainder of the sessions. We meet daily at the Armed Services Y.M.C.A. and have JOHN A. HAMILTON such activities as body conditioning, calisthenics, volleyball, Executive Vice-President badminton, etc., and also faciltties for weightlifting, punch Chamber of Commerce of Honolulu ing bags, and rowing machines. There is a beautiful, spark ling, crystal clear pool for those who would prefer a plunge, with private locker room, showers, towel, soap and trunks MISCELLANEOUS COMMUNICATION NO. 85 available. The great pressures and strains of your monumental May 16, 1950 task in helping toframe the constitution makes the old adage of “all work and no play, etc.” or “a healthy mind in a At a meeting of the Board of Directors of the Chamber of healthy body” particularly significant at this time. As they Commerce of Honolulu held on May 11, 1950 attention was say in Hawaii to gain “opu” or lose “opu” a formula of directed to a report of its subcommittee following a study of regular exercise and proper diet is essential. the tentative report on Bill of Rights and General Welfare We hope that as many delegates as possible will take ad of the State Constitution Convention. vantage of this opportunity between sessions or in off time. MISCELLANEOUS COMMUNICATION NO.90 385 We are enclosing a few copies of our program schedule ed a sacred American institution. It doesn’t make sense that listing hours, activities, etc., which you may want to give we should slam every door in the Communists’ faces but one to those interested. —the one door that affords the Reds the legal channel by Congratulations on the success of the convention to date which they theoretically can overthrow our government by and best wishes for the days ahead. force and violence. I hereby propose to the delegates of the constitutional JOHN M. KLEIN convention the following plan to strike the Reds off the For the Central B.M.C. American ballot. Central Branch Y.M.C.A. Under the Suffrage and Election section of our new con stitution, spell out the definition and requirements of poli P.S. We may be able to make arrangements for the lady tical parties. This certainly is not improper, nor undemo delegates in a similar program if they are interested. cratic. After all, if it is proper to expect a citizen to measure up to many qualifications before he is given the right to vote, by the same token, the candidate seeking the MISCELLANEOUS COMMUNICATION NO. 88 citizen’s vote should be subject to appropriate regulations. In defining a political party, we should go beyond the The time has come to provide a constitutional basis for terms of number of voters. We should consider its signifi legislative efforts to control Communism and other seditious cance as a vital agency of popular government and spell out groups. And the new state of Hawaii, born in an atmosphere its qualifications for placing its name on the ballot. befouled by the presence of traitorous Stalinists, can demon A political party must be a true American organization, strate to the people of America that the Red Menace has been completely free from foreign control. recognized and challenged. Hawaii’s answer to Communism A political party must tolerate and coalesce with should be deeply engraved into the new state constitution. opposing parties for the national interest. It is under stood that our constitution should be simple A political party must preserve and protect our present and basic. It should not be the proving grounds for new ex national constitution in its entirety. periments. But if a simple and basic principle fails to be A political party must permit self criticism and free affirmed due to either apathy or exaggerated applications of expression to its own members. civil rights, such a principle cannot rightfully be called a A political party must protect the minorities freedom to new experiment. grow into a majority. The primary law of man is self-preservation. The same These qualifications along with others that will be pro holds true for organizations and constitutions. No man, no posed can go into our state constitution without mentioning organization and no constitution can survive without the names of various parties. It is a foregone conclusion that safeguards necessary for self-preservation. It seems ridicu the Communist Party, Fascist and Ku Klux Klan groups can lous for man to write a constitution for the express purpose never qualify as valid American political par tie~~S and con of instituting a government to guarantee his rights and then sequently will be stripped of any possible vehicle that may to permit someone to use the same constitution to destroy serve as a trojan horse. his rights by legal sophistry. With the above basic constitutional principles to serve Our Founding Fathers did not foresee the necessity of as a basis for future statutory laws, legislators are then political parties. George Washington bitterly decried the free to combat the Communists without the obstacles of Party Spirit. Thomas Jefferson once declared that if he legal sophistry. could not go to Heaven but with a party, he would not go there at all. Once condemned, political parties are now TONY TODP~RO held necessary to free government. Perhaps this attitude explains the absence of requirements or definitions of political parties in our National Constitu MISCELLANEOUS COMMUNICATION NO. 89 tion. In keeping with the principle of states rights, this absence automatically gave another responsibility and added May 22, 1950 power to the states. May we express to the members of this Convention our Since Congress cannot declare the Communist Party an profound appreciation and gratitude for their thoughtfulness illegal political party, it becomes a task for the individual in passing a resolution of condolence on the death of our states. It should be pointed out at this time that political dearly beloved Mother. parties are extra-constitutional and extra-legal. No law Needless to say, we are filled with pride that the mem was ever passed to legalize the Communist, the Republican bers of this Convention take this means of showing the or the Democratic parties. same great respect and admiration for our Mother which we On the other hand federal and state legislation has been have felt through the years. directed at the activities of the Communist Party. At least Your expression in the form of a resolution we all feel eight states have outlawed the Reds by striking the Party sure would have made our Mother extremely happy. off the ballot. Striking the Reds off the ballot is extremely effective ESTHER E. WHITE FLORENCE W. MAC NICHOLL and should be the very first step in any anti-communist pro BEATRICE W. OLIPHANT HENRY A. WHITE gram. This action would deprive the Reds of one of its greatest weapons of mass appeal. It would put an end to vicious propaganda through a “legal political party.” MISCELLANEOUS COMMUNICATION NO. 90 Communists cannot teach in our schools, they cannot hold civil service jobs, they cannot hold positions in labor unions. May 16, 1950 They are shunned by good Americans in every field of en deavor. An yet, we permit them to place their traitorous The Kona Lions Club, in general regular session at leaders on the same free ballot that is traditionally consider- Kealakekua, Kona, Hawaii on Monday, May 15, 1950 formally 386 JOURNAL DOCUMENTS endorsed the Lanai City Lions Club’s resolution authorized MISCELLANEOUS COMMUNICATION NO. 93 on April 20, 1950 whereby “the Lanai City Lions Club do • . . respectfully petition the honorable constitutional conven [Miscellaneous Communication No. 93 has been tion for the state of Hawaii to take whatever steps are neces redesignated Standing Committee Report No. 19-A sary for the Island of Lanai to gain separate county status and and grouped with the other Standing Committee Reports.] its proportional representation in the legislature of the state of Hawaii.” MISCELLANEOUS COMMUNICATION NO. 94 MARK M. SUTHERLAND, Secretary Kona Lions Club May 25, 1950 Transmitted herewith is a certified copy of a resolution adopted by the Members of this Club at a meeting held on MISCELLANEOUS COMMUNICATION NO. 91 Wednesday, May 24, 1950. May 8, 1950 GORDON C. ROSS, President Republican Precinct Club Receipt is acknowledged of your recent letter to the 13th Precinct, 4th District, Honolulu Honorable Lee Knous, until very recently Governor of Colorado. RESOLUTION Your communication, together with the Constitutional Convention Resolution, has been forwarded to this office WHEREAS, we, the members of the Republican Precinct for compliance with your request, and we are forwarding to Club, Thirteenth Precinct, Fourth District, believe in the you today under separate cover an official 3 x 5 flag of the basic principles of the Hawaiian Homes Commission Act; State of Colorado for display at your Constitutional Conven and tion. WHEREAS, we believe this Act is not discriminatory legislation, but rather, justly protective legislation; and LEWIS R. COBB WHEREAS, we believe that the basic principles of this Office of the Governor Act should be preserved by constitutional law, now, there State of Colorado fore, BE IT RESOLVED by the Republican Precinct Club, Thirteenth Precinct, Fourth District, that the basic princi MISCELLANEOUS COMMUNICATION NO. 92 ples of the Hawaiian Homes Commission Act should be incorporated into the Constitution of the State of Hawaii; May 22, 1950 and be it further RESOLVED, that certified copies of this Resolution be I have the honor to transmit herewith certified copy of a transmitted to the Hawaii State Constitutional Convention Resolution which was adopted by the members present at of 1950 and to the Territorial Republican Convention. the meeting of the Republican Precinct Club, 13th Precinct, 5th District, on May 4, 1950. MISCELLANEOUS COMMUNICATION NO. 95 BINA MOSSMAN, President Republican Precinct Club May 21, 1950 13th Precinct, 5th District Please honor this letter as a letter of endorsement by the Board of Directors of the Waialua Lions Club, of the RESOLUTION enclosed resolution which was drawn up by the Lanai City Lions Club. WHEREAS, we, the members of the REPUBLICAN PRE As I do not know to whom this endor sement and resolution CINCT CLUB, THIRTEENTH PRECINCT, FIFTH DISTRICT, should be directed, I am taking this liberty to ask you, as a believe in the basic principles of the Hawaiian Homes Com delegate to the constitutional convention, to see that this is mission Act; and routed to the proper committee. WHEREAS, we believe this Act is not discriminatory With many thanks and appreciation for your kind efforts, legislation, but rather, justly protective legislation; and I remain, WHEREAS, we believe that the basic principles of this CHARLES TAKETA, Secretary Act should be preserved by constitutional law, now, there fore, RESOLUTION BE IT RESOLVED by the Republican Precinct Club, WHEREAS, the Island of Lanai today is a complex busi Thirteenth Precinct, Fifth District, that the basic principles ness community of 3,000 residents, a vastly different situa of the Hawaiian Homes Commission Act should be incorpo tion than when this island was made a part of the County of rated into the Constitution of the State of Hawaii; and be it Maui many years ago; and further WHEREAS, in the present situation the Island of Lanai RESOLVED, that certified copies of this Resolution be functions only as a stepchild of the County of Maui—which transmitted to the Hawaii State Constitutional Convention is, in practical application, taxation without representation; of 1950 and to the Territorial Republican Convention. and MISCELLANEOUS COMMUNICATION NO. 100 387 WHEREAS, the Island of Lanai is financially, politically MISCELLANEOUS COMMUNICATION NO. 98 and otherwise able to sustain and run its own affairs as a county of the state of Hawaii; and June 2, 1950 WHEREAS, the desire for local self-government by the Island of Lanai is in keeping with fundamentals on which Knowing your interest in the Hawaiian people and their this nation was founded, and in harmony with the principles problems as indicated by speeches made by you while on which Hawaii is making its rightful claim for statehood; campaigning here in Windward Oahu and elsewhere and your so continued interest since that time, the Windward Oahu Community Association, Inc., respectfully requests your THEREFORE, the undersigned officers by authorization further support to efforts being made to incorporate the of the members of the Lanai City Lions Club do hereby Hawaiian Homes Act of 1920 as amended, into the State respectfully petition the honorable constitutional convention Constitution, subject to amendment or repeal only with the for the state of Hawaii to take whatever steps are necessary consent of the United States Congress. This association for the Island of Lanai to gain separate county status and its has watched the development of this program of rehabilita proportional representation in the legislature of the state of tion among the Hawaiians and feels that every support Hawaii. should be secured to safeguard this program by incorpo rating the same into the State Constitution. C. F. LEICESTER, President Similarly this association is interested in seeing other H. T. NUNOTANI, Secretary government owned lands opened up and made available to C. I. KERN, Treasurer our young poeple and others interested in developing agricultural enterprises in the Territory, and any assistance you can render in this phase of development in the Territory MISCELLANEOUS COMMUNICATION NO. 96 will be appreciated by members of this association. May 29, 1950 S. E. McINTOSH, President Windward Oahu Community Ass’n, Inc. This will acknowledge receipt of your letter of May 24 with which you transmit copy of the resolution adopted by the Hawaii State Constitutional Convention urging enactment of legislation removing the racial restrictions from our MISCELLANEOUS COMMUNICATION NO. 99 immigration laws. I am entirely in sympathy with the purpose of this legis June 2, 1950 lation and regret that the United States Senate has not as yet taken action on the bill adopted by the House of Repr esenta The Windward Oahu Community Association, Inc., which tires early in this Congress to accomplish this purpose. is made up of some eighty organizations in Windward Oahu I am pleased to learn that your resolution is being and of which the Waimanalo Homesteaders Community brought to the attention of the United States Senate as well Association is a member organization, respectfully petitions as others concerned. the Constitution Convention of Hawaii now assembled in Honolulu, to provide in the Constitution drafted by said J. R. FARRINGTON Convention, that, as a compact with the United States relating Delegate from Hawaii to the management and disposition of the Hawaiian Homes Lands, the Hawaiian Homes Act, 1920, as amended, be adopted as a law of the State of Hawaii, subject to amendment MISCELLANEOUS COMMUNICATION NO. 97 or repeal only with the consent of the United States Congress. This association is cognizant of the work being done for June 5, 1950 the Hawaiian families under the conditions of the Act and would heartily support every effort to incorporate the Enclosed is a copy of a draft constitution for the state of Hawaiian Homes Act of 1920 into the State Constitution. Hawaii as approved by the delegates on Sunday, June 4, 1950 at the convention of the four ILWU locals held in the S. E. McINTOSH, President Forester’s Hall, Honolulu, T. H., from June 2 — 4, 1950. Windward Oahu Community Ass’n, Inc. Our sending in this copy, plus additional copies for each of the 63 delegates is in line with our petition of May 19, 1950 at which time we asked for your consideration in MISCELLANEOUS COMMUNICATION NO. 100 submitting such a draft. We urge that your body give serious consideration to the June 8, 1950 draft which represents the combined thinking of the ILWU for a constitution which will provide for the basic freedoms Standing Committee Report No. 33, which was considered and privileges of the people of the Territory and which will by the Constitutional Convention yesterday sitting as a Com serve as the basic law for the future state of Hawaii. mittee of the Whole recommended that its report be filed and that Committee Proposal No. 6 be recommended for EDWARD HONG adoption. On behalf of the ILWU In the deliberations that ensued the last sentence of the first section of Committee Proposal No. 6 was deleted. In the discussion with reference to this deletion of the last sentence, Delegate Chuck Mau made the pertinent observa tion that the Platform of the Democratic Party of Hawaii has always supported the Hawaiian Homes Commission 388 JOURNAL DOCUMENTS Act and more pertinently its inclusion in the Constitution MISCELLANEOUS COMMUNICATION NO. 103 for the State of Hawaii. Accordingly, as a member of the Committee on the May 29, 1950 Hawaiian Homes Commission Act of this Convention and as a member of the Platform Committee of the Democratic At our last regular meeting a motion was voted and passec Party for more than ten years past, I respectfully bring to recommending that the Hawaiian Homestead Act should be the attention of the membership of this Convention that this incorporated into the proposed State Constitution with a pro pertinent fact be brought to mind and that this letter be vision made so that any future changes in the act be possible properly filed to indicate the traditional kokua of the Demo only upon the approval of Congress. cratic Party to the Hawaiian Homes Commission Act. Fee simple title to the lands should not be made at this time because this would deprive other Hawaiians from ARTHUR K. TRASK, Chairman receiving lands that are now not distributed under the act. Platform Committee Res. submitted by the membership of: Democratic Party Local 1245 International Assocation of Machinists H. SCHWECKENDICK, Recording Sec. MISCELLANEOUS COMMUNICATION NO. 101 MISCELLANEOUS COMMUNICATION NO. 104 June 8, 1950 June 19, 1950 On behalf of the Officers of IMUA, the many hundreds of Members and especially those individual Members who All delegates to the Hawaii State Constitutional Conven have attended the sessions and committee meetings of the tion are cordially invited, with one guest, to attend an appre Constitutional Convention, we wish to express our mahalo ciation luau to be held in their honor at the Papakolea Com and deep appreciation for the many courtesies extended to munity Hall on Saturday, June 24, at 3:00 p.m. us by so many persons officially connected with the conven We are indeed grateful for the action of your honorable tion. body in adopting the Hawaiian Homes Commission Act as Many of the staff in the Printing Room, the Reference a provision of the Constitution of the State of Hawaii. Room, the Sergeant-At-Arms, many of the Delegates and others have been most helpful to our members who are in FRANKLIN K. BAKER JR., President attendance as observers. Council of Hawaiian Homesteaders Since prior to the election of Delegates IMUA has taken a keen and active interest in this historic event. Our par ticipation in the daily and evening meetings is proving MISCELLANEOUS COMMUNICATION NO. 105 educational and inspiring to our members. Those who attend in turn make reports back to many other IMUA RESOLUTION members, thus spreading the news of the grand work the WHEREAS, the wider ownership of land in Hawaii has bee] Delegates are doing. a subject of much consideration and thought by those charged Our entire program in connection with the Constitutional with the responsibility of the government of these Islands Convention has been so courteously assisted that we cannot for many years, dating back to the time of the monarchy; and r efrain from conveying to you our deep thanks and appre ciation. WHEREAS, the Organic Act established by the United States Congress for the government of the Territory of JOHN T. JENKINS, Executive Secretary Hawaii took cognizance of this problem and directed the IMUA Territorial Government to institute a liberal policy with regard to the settlement of the public lands of the Territory, particularly, in section 73 of that Act; and WHEREAS, the territorial administrations, since the time of annexation, while carrying out the provisions of MISCELLANEOUS COMMUNICATION NO. 102 this section, have provided for the sale of house lots and homesteads to the people of Hawaii to a limited extent; June 9, 1950 and The delegates to the Cahu Youth Council wish to express WHEREAS, there are still remaining in the public domain their sincere thanks to the members of the Constitutional large tracts of land suitable for settlement by homesteaders Convention for their official recognition and approval of or for sale to prospective home owners; now therefore, the National 1950 Boys and Girls Week in HawaiI, April BE IT RESOLVED by District 50 of Lions International, 28—May 6. in convention assembled, that cognizance be taken of the We also greatly appreciate your support of the Oahu tremendous increase in the population of this Territory Youth Council’s efforts in sponsoring Boys and Girls Week which makes the problem of land ownership more acute; on Oahu. that it is the sense of this Convention that the spirit We shall be looking forward to our association with of the Organic Act should be carried out to a greater degree many Constitutional Convention delegates on future Oahu than heretofore; and that the Constitution of the State of Youth Council projects. Hawaii, now being drafted by a convention assembled for that purpose, should include the principles embodied in the RANDY LEE, President Organic Act as a provision of said constitution and a dir ectio Oahu Youth Council to the Legislature of the proposed State; and MISCELLANEOUS COMMUNICATION NO. 110 389 BE IT FURTHE’R RESOLVED that certified copies of this sidering said proposal incorporate this communication into Resolution be transmitted to the President of the Constitu their report to the Convention and thus be made a part of tional Convention of Hawaii of 1950, the Governor of Hawaii, the proceedings of the Hawaii State Constitutional Conven the Land Commissioner of the Territory of Hawaii, the tion. President of the Senate of the Legislature of the Territory of Hawaii, and the Speaker of the House of Representatives LAWRENCE M. SHIGEIJRA, Chairman of the Legislature of the Territory of Hawaii. Central Labor Council (A.F.L.) Legislative Committee Introduced by: Kamehameha Lions Club Approved June 9, 1950 MISCELLANEOUS COMMUNICATION NO. 108 Certified: RICHARD H. KISHIMOTO, Cabinet Secy. June 24, 1950 MISCELLANEOUS COMMUNICATION NO. 106 I should like to take this means of publicly expressing my sincere appreciation to Dr. Roy E. Brown, Chairman of the June 19, 1950 Tax Study Committee of the Chamber of Commerce of Honolulu, for his invaluable assistance in supplying to the Enclosed please find a statement relative to debt limita Chairman of your Committee on Finance and Taxation data tion clause in our proposed constitution. Your considera on public finances and taxation—much of which required tion of the enclosed statement will be greatly appreciated. considerable research. We have made enough copies to be distributed to the conven It is respectfully requested that a copy of this letter be tion delegates. forwarded to Dr. Brown by the President of the Convention. STANLEY M. MIYAMOTO, Chairman HENRY A. WHITE, Chairman Joint Tax Study Committee Committee on Finance and Taxation MISCELLANEOUS COMMUNICATION NO. 107 MISCELLANEOUS COMMUNICATION NO. 109 June 21, 1950 June 24, 1950 This communication is written for the purpose of restat ing the position of the Central Labor Council, an affiliate Your Committee on Finance and Taxation has received of the American Federation of Labor, on Committee Propo invaluable assistance from the legal firm of Wood, King & sal Number 28 which proposes an Article under Industry and Dawson, New York City, the Territory’s council on bonds, Labor in the Constitution of the State of Hawaii. particularly with respect to the proposed section on debt We do not wish to be repetitious and go into details here limitations. tofore presented through briefs and oral testimony before It is respectfully requested that the Convention record your Committee on Bill of Rights and Committee on Indus its appreciation to Wood, King and Dawson for this assist try and Labor except to reiterate our argument that the last ance and that a copy of this letter be forwarded to them on phrase “as prescribed by law” is superfluous and an extra behalf of the Convention. vagance in the use of words. Such a phrase has no more significance than if it had been stated that “persons shall HENRY A. WHITE, Chairman have the right to organize for the purpose of lawful collec Committee on Finance and Taxation tive bargaining.” It still remains for the legislature and the courts to determine what is “lawful.” We in the American Federation of Labor have acknow MISCELLANEOUS COMMUNICATION NO. 110 ledged and accepted the concept that the legislature, under its policing powers, has the right to reasonably regulate June 24, 1950 any and all segments of our society, Including our inherent rights. However, in some quarters it has been contended Your Committee on Finance and Taxation has received that the phrase “as prescribed by law” Is a direct mandate invaluable assistance in its deliberations from Mr. Walter and a gilt-edged invitation to the legislature to enact res D. Ackerman, Jr., Attorney General; Mr. Howard Adams, trictive legislation designed for the purpose of emasculating Territorial Deputy Treasurer; Mr. William Borthwick, labor organizations. We refute such a contention and if the Territorial Tax Commissioner; Mr. Joseph Dickson, delegates are of the same mind we respectfully urge and Territorial Auditor; Mr. William Lederer, Territorial request that the delegates in convention assembled, through Deputy Bank Examiner; Miss Rhoda V. Lewis, Assistant formal means, unequivocally reject and disavow such a con Attorney General; Mr. Paul Thurston, Territorial Director tention~ However, in the event that the legislature of the of the Budget; and Mr. Torkel Westley, Assistant Tax Com future State of Hawaii should interpret such a phrase as a missioner. grant of an unbridled license to destroy legitimate and It is respectfully requested that the sincere appreciation bönafide organizations then we must resort to and have of this Convention be expressed to those individuals for recourse to the courts or the polls or both. their contributions and that a copy of this letter be forwarded For the reasons stated herein and heretofore, we are to each of them. not apprehensive of the consequences of accepting the phrase HENRY A. WHITE, Chairman “as prescribed by law” In the spirit that half a loaf is Committee on Finance and Taxation better than none when that half is non-venomous. We urge your adoption of Committee Proposal No. 28. Finally, we request that the Committee of the Whole in con- 390 JOURNAL DOCUMENTS MISCELLANEOUS COMMUNICATION NO. 111 I sincerely trust that your convention will deal fairly by the smaller inhabited islands of Maui County. June 30, 1950 S. H. H. ASHFORD, Magistrate Molokai District Court It was very kind and generous of you to recognize our 4-H Club member delegates when they appeared last Friday at the Constitutional Convention. May I take this means of thanking you and your fellow MISCELLANEOUS COMMUNICATION NO. 114 delegate members for the courtesies shown our 4—H club boys and girls. To them it will always be an occasion of July 3, 1950 historical importance that they personally attended Hawaii Constitutional Convention. We have been advised of the Convention’s plan to set up a separate representative district, composed of Molokai and H. H. WARNER, Director Lanai, from which one representative out of six from the Hawaii Agricultural Extension Service County of Maui would be elected, under the State Constitution of Hawaii. Further, the voters of Molokai and Lanai would not vote for the five Maui representatives. As a more reasonable approach, we would like to recom MISCELLANEOUS COMMUNICATION NO. 112 mend for your consideration, the following: (a) Establish Lahaina, Molokai and Lanai as a repre July 3, 1950 sentative district from which 2 representatives would be elected. At the meeting held by the Molokai District Committee (b) Establish Wailuku as a representative district County of Maui Republican Party, Saturday, July 1st, 1950, from which 2 representatives would be elected. at the Molokai Community Center representing the Repub (c) Establish an East Maui district from which 2 repre lican Precinct Clubs on Molokai, it was adopted that the sentatives would be elected. present system of having 6 Representatives run at large from the Maui County Third Representative Districts which in We would appreciate the Convention’s giving this recom cludes Lanai and Molokai be retained against the proposals mendation serious consideration, as we believe it represents of having 5 Representatives run at large on Maui and 1 Re a more equitable solution to the representation problem. presentative for Molokai and Lanai. However, the Members C. F. LEICESTER, Acting Chairman at this meeting felt that Molokai would go along with the Lanai Residents’ Committee for 5 representatives on Maui and 1 representative for the Is Self-Government land of Molokai and Lanai only if Maui be divided into 5 separate Districts. This we believe would give Molokai and Lanai an equitable and fair representation in the House of Representatives at the Legislature. MISCELLANEOUS COMMUNICATION NO. 115 Trusting that this letter will be given due consideration July 10, 1950 in the above matter. HENRY YAMASHITA, Chairman For your records, I enclose copy of a cablegram reading Molokai District Committee as follows: County of Maui Republican Party “BEG YOUR VALUABLE HELP TO HAVE STATEHOOD VOTED BEFORE ADJOURNMENT ALOHA ARTHUR mASK” which was sent to United States Senator Denis Chavez, of New Mexico. MISCELLANEOUS COMMUNICATION NO.113 A. K. TRASK, Delegate July 3, 1950 I have but just heard of the proposal to allocate one of MISCELLANEOUS COMMUNICATION NO. 116 Maui County’s members of the House of Representatives to Molokai and Lanai and to have the other five or more mem July 14, 1950 bers allocated to Maui itself, to campaign at-large on Maui and neglect campaigning on Molokai and Lanai. As you approach the end of the sessions of the Constitu I wish to protest most emphatically against the adoption tional Convention may we take this opportunity to congratu of any such plan which would, in effect, deprive the citizens late the delegates for their painstaking and unselfish devotioi of Molokai and Lanai of their franchise. to the ta~k which was set before you. Time is too short for me to arrange for a protest meeting We believe that the results of your labors are recognized where many signatures could be obtained but I am satisfied and will be approved by the people of Hawaii and by the Con that the majority of the Molokai and Lanai citizens would gress of the United States of America. The choice of leader prefer to have all candidates for the Legislature campaign ship by the people of Hawaii in the election of delegates to at-large throughout the whole of Maui County. the Constitutional Convention is an excellent indication of The idea of giving Molokai and Lanai one member of the fitness for Statehood. ~ House of Representatives and depriving those two islands entirely of the interest and support of the other members URBEN E. WILD, President from Maui County is cruel, unjust and un-American. Honolulu Chamber of Commerce MISCELLANEOUS COMMUNICATION NO. 124 391 MISCELLANEOUS COMMUNICATION NO. 117 MISCELLANEOUS COMMUNICATION NO. 120 July 15, 1950 May 29, 1950 Enclosed herewith is a copy of a resolution which was This will acknowledge receipt of your letter of May 24, adopted at their regular meeting of July 2, 1950 by the 1950, transmitting a certified copy of Resolution No. 38, Honolulu Typographical Union #37, (A. F. of L.), which is adopted May 24, 1950, by the Hawaii State Constitutional sell-explanatory. Convention of Hawaii of 1950. We request your convention’s serious consideration and favorable action on said resolution. ROBERT T. BARTLEY Administrative Assistant LAWRENCE M. SHIGEURA to the Speaker Legislative Representative U.S. House of Representatives RESOLUTION MISCELLANEOUS COMMUNICATION NO. 121 WHEREAS, the Hawaii State Constitutional Convention of June 1, 1950 1950 is preparing to submit to the people ~f Hawaii a Con stitution for the proposed State of Hawaii for ratification, This will acknowledge receipt of your letter of May 24 and transmitting certified copy of Resolution No. 38, adopted by your Convention, requesting favorable action by the WHEREAS, the union label is a recognized symbol or Senate of the United States on H. J. Res. 238 of the 81st stamp of approval used by many state and government Congress to provide the privilege of becoming a naturalized agencies on their printed matter, and citizen of the United States to all immigrants having a legal WHEREAS, by virtue of their harmonious labor-manage right to permanent residence. ment agreements certain printing firms are duly authorized This resolution will be brought to the attention of the to use the union label on printed matter when so requested; United States Senate. now, therefore, ALBEN W. BARKLEY BE IT RESOLVED that the Constitutional Convention be Vice-President of the United States requested to have said union label affixed on the proposed Constitution when awarding the contract for printing of same. MISCELLANEOUS COMMUNICATION NO. 122 May 25, 1950 I am very sory that we have delayed so long in replying MISCELLANEOUS COMMUNICATION NO. 118 to your communication which was referred to us by Gover nor Lee. At the time we received your letter, all of our June 2, 1950 State Flags were in use and we delayed action on this matter until one was returned to us. However, we are The President has asked me to acknowledge your letter happy to say that we are mailing a State of Utah flag today, of May twenty-fourth with the enclosed certified copy of under separate cover. Resolution No. 38 adopted by the Hawaii State Constitutional Again let me express our apology to you for our delay. Convention of Hawaii of 1950. He appreciates your courtesy HEBER BENNION, JR. in sending this Resolution to him. Secretary of State WILLIAM D. HASSETT State of Utah Secretary to the President By L. Helm of the United States MISCELLANEOUS COMMUNICATION NO. 123 MISCELLANEOUS COMMUNICATION NO. 119 May 31, 1950 June 1, 1950 We are today sending you under separate cover one This acknowledges with thanks receipt of your letter Wisconsin State Flag measuring 3’ x 5’ to be hung in the dated May 24, 1950, with which you enclosed resolution Convention Hall in Honolulu. requestingfavorable action by the Senate of the United States OSCAR RENNEBOHM, Governor on House Joint Resolution 238 of the 81st Congress to pro State of Wisconsin vide the privilege of becoming a naturalized citizen of the United States to all immigrants having a legal right to permanent residence. MISCELLANEOUS COMMUNICATION NO. 124 I appreciate your courtesy in writing to me and intrans mitting to me a copy of the resolution. May 31, 1950 PAT McCARRAN, Chairman Committee on Judiciary I acknowledge receipt of your letter of May 16, 1950 U. S. Senate together with a Resolution passed by the Hawaii State Con- 392 JOURNAL DOCUMENTS stitutional Convention expressing the sympathy of the the people to be governed are to be represented in their Delegates to the immediate family of Esther Spring White, government; a government which is to respond to the will my mother. of the people; a government in which each segment of the As one of the family I wish to express my sincere appre population is to have at least, a voice. In my mind, this voic ciation of this recognition of my dear mother’s passing and in government is granted through representation in the of your reference to me in your Resolution. legislature. Had I felt otherwise, I would have supported the Aloha no ka kou. election of judges, principal department heads, the school board and others. CLARENCE A. WHITE The next question is, “To what length do we go to meet this end?” Does a House of 51 and a Senate of 25 accomplisi MISCELLANEOUS COMMUNICATION NO. 125 this where a 41 - 21 combination would not? I say, YES! Any student of government knows that the best represen June 23, 1950 tation can be obtained through the use of single representativ districts but that the practical fault of single representative On behalf of the family of the late Joseph G. Andr ews, I districts lies in a tendency to establish a basis for ward extend to you our gratitude and appreciation for the sympathy politics, particularly in urban areas. I think the majority so kindly expressed in your resolution of June 15, 1950. of the delegates have supported a plan which is excellent in May God bless each of you and the work of this Conven that it obtains grass roots representation without great tion. danger of exposing the electorate to “ward politics.” What does this have to do with a large legislature? Let JOSEPH B. ANDREWS us remember that just about 50% of the people of Hawaii (for all members of the family live in areas that are essentially rural. Let us remember of Joseph G. Andrews) that the interests of these rural people vary greatly. The communities are strewn over a 200 mile strip of Pacific ocean; that some are isolated by mountains; some by the MISCELLANEOUS COMMUNICATION NO. 126 sea. Some are isolated because of economic interest or livelihood and some purely because of distance. 12 July 1950 Let me cite as an example what occurs in my own area when membership in the House is reduced from 51 to 41. The Secretary of Defense has asked me to acknowledge This would give three representatives to a district which and to thank you for your kindness in sending him the copy includes the towns of Aiea, Pearl City, Waipahu, Ewa, of the resolution adopted by the Constitutional Convention of Nanakuli, Waianae, Wahiawa, Haleiwa and Waialua. Under Hawaii, with reference to the President’s action on Korea. this plan, three men are to represent an area including Your courtesy in bringing this resolution to the Secretary’s the following: attention is appreciated. 1. One-half the acreage of the whole Island of Oahu; C. J. BARRY 2. Three of the largest sugar plantations in the Administrative Secretary to the Territory; United States Department of Defense 3. Three pineapple plantations; one of them the second largest in the islands; 4. The town of Wahiawa, which is Hawaii’s third city MISCELLANEOUS COMMUNICATION NO. 127 and, on Oahu, second only to Honolulu; 5. A large population of civil service workers who are July 13, 1950 occupied at United States establishments such as Schofield Barracks, Pearl Harbor, Barbers Point, Lualualei and On behalf of the Secretary, I wish to acknowledge with others of lesser consequence; thanks your letter of July 5 transmitting a copy of the reso 6. Several sections devoted to ranching, truck farming, lution adopted by the Constitutional Convention in support subsistence farming, homesteading and the like; of the President’s action regarding the Korean situation. 7. Three centers, namely, Aiea, Waianae and Wahiawa JAMES P. DAVIS, Director that are rapidly growing and are looking forward to a United States Department of the Interior government that will be responsive to their new needs. Now let us examine what happens when we increase the MISCELLANEOUS COMMUNICATION NO. 128 House from 41 members to 51 members. As we apply this increase using the method of equal proportions, we find that I would like to take this opportunity to set forth a few the district of which I have been speaking, can now be reasons for my support of a large legislature. As you well logically divided into two districts, each entitled to two recall, when this subject was last reopened on the floor, de representatives, with one district nearly ready for its bate was cut off before the arguments raised by the opponents third representative. (Placing it second highest on Oahu in could be answered. registered voters per representative). The objections which have been raised against a legisla I don’t think anyone could reasonably argue that this is ture of 76 members can be reduced to the questions of cost not a vast improvement over the situation outlined under the and assumed unwieldiness. plan required by a 41 member House. Further, I would not Let us look at these for a moment. I am sure that both base my judgment on this isolated instance alone, even if you and I could well devise a form of government which it is my own district, but the same argument can be applied would out-strip any democracy in economy and efficiency. to other rural areas, (which, remember contain 50% of the This is not what we have been sent here to do. We have been population). I just cite this one example because I am most sent here to write the basic law of a political entity in which familiar with it. PETITION NO. 3 393 I would like to caution those who favor a “bargain base STATEHOOD PERIOD THE DEPARTMENT HAS FOLLOW ment” democracy, that at every close-out sale we have ED THE CONVENTION PROCEEDINGS WITH GREAT witnessed, the customers have ended the day exchanging INTEREST AND IS PROUD TO NOTE THAT THEY WERE their liberty for ,a surprise package that wrought ruin on CARRIED OUT IN THE BEST OF OUR AMERICAN TRADI them and their neighbors. TION PERIOD ALL DELEGATES AND THOSE WHO ASSIST ED THEM DESERVE THE HIGHEST COMMENDATION EDWARD C. BRYAN, Delegate FROM ALL WHO EARNESTLY SEEK THE ESTABLISH MENT OF HAWAII AS A SOVEREIGN STATE OF THE UNION PERIOD WE ARE CONFIDENT THAT THE EIGHTY MISCELLANEOUS COMMUNICATION NO.129 FIRST CONGRESS WILL SOON ENACT STATEHOOD LE GISLATION FOR HAWAII AND BY SO DOING WILL JUSTIFY [Radiogr am] THE CONFIDENCE AND FAITH OF HAWAII IN PROCEEDING WITH THE DRAFTING OF A CONSTITUTION AND WILL LONG ACTING GOVERNOR MAKE OF THE SIGNING CEREMONY TODAY AN HISTORIC HONOLULU HAWAII EVENT IN THE POLITICAL LIFE OF A GREAT AMERICAN COMMUNITY UNQUOTE PLEASE CONVEY FOLLOWING TO CONVENTION DELE GATES AT SIGNING CEREMONIES QUOTE HEARTY OSCAR L. CHAPMAN, Secretary CONGRATULATIONS ON SUCCESSFULLY COMPLETING United States Department HAWAII’S FIRST IMP(RTANT TASK IN ACHIEVING of the Interior 8. Petitions PETITION NO. I WHEREAS, the Island of Lanai is finacially, politically and otherwise able to sustain and run its own affairs as a WHEREAS, the Island of Lanai today is a complex busi county of the state of Hawaii; and ness community of 3,000 residents, a vastly different situa WHEREAS, the desire for local sell-government by the tion than when this island was made a part of the County of Island of Lanai is in keeping with fundamentals on which Maui many years ago; and this nation was founded, and in harmony with the principles on which Hawaii is making its rightful claim for statehood; WHEREAS, in the present situation the Island of Lanai functions only as a stepchild of the County of Maui—which so is, in practical application, taxation without representation; THEREFORE, the under signed officers by authorization and of the members of the LANAI PARENT-TEACHERS ASSO CIATION do hereby respectfully petition the honorable WHEREAS, the Island of Lanai is financially, politically constitutional convention for the state of Hawaii to take and otherwise able to sustain and run its own affairs as a whatever steps necessary for the Island of Lanai to gain county of the state of Hawaii; and separate county status and its proportional representation in the legislature of the state of Hawaii. WHEREAS, the desire for local sell-government by the Island of Lanai is in keeping with fundamentals on which this nation was founded, and in harmony with the principles PETITION NO. 3 on which Hawaii is making its rightful claim for statehood; WHEREAS, the Island of Lanai today is a complex busi ness community of 3,000 residents, a vastly different THEREFORE, the undersigned officers, by authorization situation than when this island was made a part of the County of the members of the LANAI MA CLUB do hereby respect of Maui many years ago; and fully petition the honorable constitutional convention for the state of Hawaii to take whatever steps necessary for the WHEREAS, in the present situation the Island of Lanai Island of Lanai to gain separate county status and its pro functions only as a stepchild of the County of Maui —which portional representation in the legislature of the state of is, in practical application, taxation without representation; Hawaii. and WHEREAS, the Island of Lanai is financially, politically and otherwise able to sustain and run its own affairs as a PETITION NO. 2 county of the state of Hawaii; and WHEREAS, the Island of Lanai today is a complex busi WHEREAS, the desire for local self-government by the ness community of 3,000 residents, a vastly different Island of Lanai is in keeping with fundamentals on which this situation than when this island was made a part of the nation was founded, and in harmony with the principles on County of Maui many years ago; and which Hawaii is making its rightful claim for statehood; so WHEREAS, in the present situation the Island of Lanai THEREFORE, the undersigned members of the LANAI functions only as a stepchild of the County of Maui—which EDUCATION ASSOCIATION do hereby respectfully petition is, in practical application, taxation without representation; the honorable constitutional convention for the state of Hawaii to take whatever steps necessary for the Island of 394 JOURNAL DOCUMENTS Lanai to gain separate county status and its proportional WHEREAS, the Island of Lanai is financially, politically representation in the legislature of the state of Hawaii. and otherwise able to sustain and run its own affairs as a county of the state of Hawaii; and WHEREAS, the desire for local self-government by the PETITION NO. 4 Island of Lanai is in keeping with the fundamentals on which this nation was founded and in harmony with the principles Please find enclosed a Petition of 122 citizens and voters on which Hawaii is making its rightful claim for statehood; of the Territory of Hawaii from the Hamakua District re so questing that you consider the deletion of the provisions THEREFORE, we, the undersigned officers of the LANAI of the Hawaiian Homes Commission Act, 1920, as amended SOCIAL CLUB, by authorization of its members, do hereby from the basic law of the Territory when drafting the local respectfully petition the honorable constitutional convention constitution. for the state of Hawaii to take whatever steps are necessary We trust that you will bring this matter before your for the Island of Lanai to gain separate county status and Convention and that the delegates will call public hearings its proportional representation in the legislature of the state in different parts of the Territory so that the citizens may of Hawaii. be given an opportunity to express themselves. DANIEL CORREA, President ROBERT E. BROWN, JR., PresidentS GEORGE L.~ BRENNER, Vice-President ELIZABETH A. JONES, Secretary-Treasurer PETITION NO. 5 WHEREAS, the Island of Lanai is a distinct geographical PETITION NO. 7 unit; and WHEREAS, the Island of Lanai has only a minimum of WHEREAS, the Island of Lanai today is a complex busi social and economic intercourse with the Island of Maui; ness community of 3,000 residents, a vastly different situ and ation than when this island was made a part of the County of WHEREAS, the Island of Lanai today is a prosperous Maui many years ago; and agricultural community of 3,000 residents, a vastly different situation than existed in 1898 when this Island was pi escribed WHEREAS, in the present situation the Island of Lanai a part of Maui County; and functions only as a stepchild of the County of Maui —which is, in practical application, taxation without representation; and WHEREAS, in the present situation the residents of the Island of Lanai are, and probably will continue to be, a WHEREAS, the Island of Lanai is financially, politically taxed but unrepresented minority in the administration of and otherwise able to sustain and run its own affairs as a Maul County affairs and funds; and county of the state of Hawaii; and WHEREAS, the Island of Lanai is financially, politically WHEREAS, the desire for local sell-government by the and otherwise able to sustain and run Its own affairs as a Island of Lanai is in keeping with fundamentals on which this county of the state of Hawaii; and nation was founded, and in harmony with the principles on WHEREAS, the desire for local sell-government by the which Hawaii is making its rightful claim for statehood; so Island of Lanai is entirely in keeping with the fundamental precepts on which this nation was founded, and in harmony THEREFORE, the undersigned officers, by authorization of the members of the LANAI VETERANS CLUB do hereby with the principles on which Hawaii is making its rightful claim for statehood; so respectfully petition the honorable constitutional convention for the state of Hawaii to take whatever steps necessary for THEREFORE, we, the duly elected officers of the LANAI the Island of Lanai to gain separate county status and its RIFLE AND PISTOL CLUB, do hereby respectfully petition proportional representation in the legislature of the state of the honorable constitutional convention for the state of Hawaii. Hawaii to take whatever steps necessary for the Island of Lanai to gain separate county status, and its proportional EDWIN I. NAKASHIMA, President representation in the legislature of the state of Hawaii. MASAICHI GIMA, Secretary F. K. JAY, President D. RABBON, Treasurer JOHN A. NEUSCHWANDER, M. V. HEMINGER, PETITION NO. 8 Vice—President Chief Instructor C. T. KLUGE, LLOYD COCKETT, I am submitting to the delegation of the Convention a Secretary (Acting) Executive Officer petition signed by iocal citizens urging that you consider the deletion of the Hawaiian Homes Commission Act from the constitution. We feel that the Hawaiian Homes Commis PETITION NO. 6 sion is class legislation and has no place in our Constitution I suggest that the members of the Convention consider WHEREAS, the Island of Lanai today is a complex busi holding meetings in different sections of the Territory to ness community of 3,000 residents, a far different situation give the people an opportunity to express themselves. If than existed when this Island was prescribed a part of the this is done, I am sure that the members there wiU favor County of Maui many years ago; and our point of view. WHEREAS, in this present situation the Island of Lanai During the campaign, many of the delegates stated that is an unrepresented minority in the County of Maui—which a constitution should be brief, now, we find a small selfish is, in practical application, taxation without representation; group making every effort to clog it up with unnecessary and legislation. PETITION NO. 15 395 We request the delegation to give this matter serious PETITION NO. 13 consideration. I am enclosing a petition signed by local citizens urging A. M. PHILLIPS, Hilo, Hawaii the Convention now convening in Honolulu to delete the Hawaiian Homes Commission provision from the basic law. PETITION NO. 9 We feel that the Hawaiian Homes Commission Act does not serve the best interest of the people here in the Territory. Any changes in the intent of this law should be left to the You will find a Petition enclosed signed by the citizens of the Laupahoehoe District requesting the delegation to State Legislature. keep out from the Constitution the Hawaiian Homes Commis GEORGE MONIZ, Hilo, Hawaii sion Act. We feel that this law is unconstitutional and that it has no place in the basic law. The Hawaiian Homes Com mission Act has been a detriment to our economy, and that PETITION NO. 14 if the people of the Territory knew its true purpose they would raise up in arms against it. WHEREAS, the Island of Lanai today is a complex busi I want to state that the people in this community support ness community of 3,000 residents, a vastly different situ the stand taken by Delegate Marguerite Ashford of Molokai. ation than when this island was made a part of the County We urge others to follow her leader ship. of Maui many years ago; and Trusting that you and the members of the Constitution Convention will give this question fair consideration, I am, WHEREAS, in the present situation the Island of Lanai functions only as a stepchild of the County of Maui—which JOHN S. RAMOS, Laupahoehoe, Hawaii is, in practical application, taxation without representation; and PETITION NO. 10 WHEREAS, the Island of Lanai is financially, politically and otherwise able to sustain and run its own affairs as a The people of Kohala particularly the ranchers and far - county of the state of Hawaii; and mer s have signed this petition which we are sending you. WHEREAS, the desire for local self-government by the We request that you present this to the delegation for their Island of Lanai is in keeping with fundamentals on which this consideration. We believe that the Hawaiian Homes Com nation was founded, and in harmony with the principles on mission Act is a detriment to the Territory of Hawaii. It which Hawaii is making its rightful claim for statehood; so has tied up large tracts of valuable land for a small group THEREFORE, the undersigned officers, by authorization of citizens who do not have the facilities to utilize it to its of the LANAI CIVIL AIR PATROL do hereby respectfully best advantage. Because we do not believe in class legis petition the honorable constitutional convention for the state lation, we urge the delegation to omit the Hawaiian Homes of Hawaii to take whatever steps necessary for the Island of Commission from the Constitution of Hawaii. Lanai to gain separate county status and its proportional KOICHI ISHIMINE, Hawi, Kohala, Hawaii representation in the legislature of the state of Hawaii. KWI SOON LEE, AARON E. AUTRY, Commanding Officer Adjutant CLARK H. NAKAMOTO, Public PETITION NO. 11 Information Officer JOHN PARK, Supply Officer TOSHIO ONUMA, Training Officer I am enclosing a Petition signed by citizens and voters of the Kalopa District requesting that the Constitution dele gation keep out the Hawaiian Homes Commission provision from the Constitution. The Hawaiian Homes Commission PETITION NO. 15 Act has not served the best interest of the people of the WHEREAS, the Island of Lanai today is a complex busi Territory. We believe this is class legislation and it is ness community of 3,000 residents, a vastly different situ unconstitutional. The Constitution should be very simple ation than when this island was made a part of the County and all details should be left to the legislature. of Maui many years ago; and We urge every delegate to the Convention to give this question very serious consideration. WHEREAS, in the present situation the Island of Lanai functions only as a stepchild of the County of Maui—which ANTONE FERREIRA, Honokaa, Hawaii is, in practical application, taxation without representation; and PETITION NO. 12 WHEREAS, the Island of Lanai is financially, politically and otherwise able to sustain and run its own affairs as a You will find a petition signed by several hundred local county of the state of Hawaii; and citizens urging the deletion of the Hawaiian Homes Commis WHEREAS, the desire for local self-government by the sion from the basic law of the proposed State of Hawaii. We Island of Lanai is in keeping with fundamentals on which feel that there is no place in our constitution for class legis this nation was founded, and in harmony with the principles lation. This matter must be left to the Legislature for con on which Hawaii is making its rightful claim for statehood; sideration. so JACK RAMOS, Paauilo, Hawaii THEREFORE, the under signed officers, by authorization of the LANAI KOELE FLYING CLUB do hereby respectfully petition the honorable constitutional convention for the state of Hawaii to take whatever steps necessary for the Island 396 JOURNAL DOCUMENTS of Lanai to gain separate county status and its proportional GEORGE L. BRENNER, PETER K. PIENA, representation in the legislature of the state of Hawaii. Pr easur er 1st Vice—President ADOLPH H. DESHA, TOM A. URPANIL, AARONE E. AUTRY, President President 2nd Vice-President CLARK H. NAKAMOTO, Secretary-Treasurer TOSHIO ONUMA, Operations Officer PETITION NO. 18 PETITION NO. 16 - WHEREAS, the Island of Lanai today is a complex busi ness community of 3,000 residents, a vastly different situ WHEREAS, the Island of Lanai today is a complex busi ation than when this island was made a part of the County of ness community of 3,000 residents, a vastly different situ Maui many years ago; and ation than when this island was made a part of the County of Maui many years ago; and WHEREAS2 in the present situation the Island of Lanai WHEREAS, in the present situation the Island of Lanai functions only as a stepchild of the County of Maui—which functions only as a stepchild of the County of Maui—which is, in practical application, taxation without representation; is, in practical application, taxation without representation; and and WHEREAS, the Island of Lanai is financially, politically WHEREAS, the Island of Lanai is financially, politically and otherwise able to sustain and run its own affairs as a and otherwise able to sustain and run its own affairs as a county of the state of Hawaii; and county of the state of Hawaii; and WHEREAS, the desire for local self-government by the WHEREAS, the desire for local self-government by the Island of Lanai is in keeping with fundamentals on which Island of Lanai is in keeping with fundamentals on which this nation was founded, and in harmony with the principles this nation was founded, and in harmony with the principles on which Hawaii is making its rightful claim for statehood; on which Hawaii is making its rightful claim for statehood; so so • THEREFORE, the undersigned officers, by authorization THEREFORE, the undersigned officers by authorization of the members of the LANAI YOUNG BUDDHIST ASSOCIA of the members of the LANAI CITY LIONS CLUB do hereby TION do hereby respectfully petition the honorable constitu respectfully petition the honorable constitutional convention tional convention for the state of Hawaii to take whatever for the state of Hawaii to take whatever steps are necessary steps necessary for the Island of Lanai to gain separate for the Island of Lanai to gain separate county status and county status and its proportional representation in the legis its proportional representation in the legislature of the lature of the state of Hawaii. state of Hawaii. Y. MORIKAWA S. ROY SHIMADA C. F. LEICESTER, President CHARLOTTE Y. OSAKO BETSY K. UCHIKATA H. T. NUNOTANI, Secretary C. I. KERN, Treasurer PETITION NO. 17 PETITION NO. 19 WHEREAS, the Island of Lanai today is a complex busi ness community of 3,000 residents, a vastly different situ WHEREAS, the Island of Lanai today is a complex busi ation than when this Island was made a part of the County ness community of 3,000 residents, a vastly different situ of Maui many years ago; and ation than when this island was made a part of the County of Maui many years ago; and WHEREAS, in the present situation the Island of Lanai functions only as a stepchild of the County of Maui—which WHEREAS, in the present situation the Island of Lanai is, in practical application, taxation without representation; functions only as a stepchild of the County of Maui—which and is, in practical application, taxation without representation; WHEREAS, the Island of Lanai is financially, politically and and otherwise able to sustain and run its own affairs as a county of the state of Hawaii; and WHEREAS, the Island of Lanai is financially, politcally and otherwise able to sustain and run its own affairs as a WHEREAS, the desire for local self-government by the county of the state of Hawaii; and Island of Lanai is in keeping with the fundamentals on which this nation was founded, and in harmony with the principles WHEREAS, the desire for local self-government by the on whidh Hawaii is making its rightful claim for statehood; Island of Lanai is in keeping with fundamentals on which so this nation was founded, and in harmony with the principles THEREFORE, the undersigned officers, by authorization on which Hawaii is making its rightful claim for statehood; of the members of the LANAI REPUBLICAN PRECINCT so CLUB, do hereby respectfully petition the honorable consti tutional convention for the state of Hawaii to take whatever THEREFORE, the undersigned officer by authorization steps are necessary for the Island of Lanai to gain separate of the members of the WEST KAUAI LIONS CLUB do hereby county status and its proportional representation in the respectfully petition the honorable constitutional convention legislature of the state of Hawaii. for the state of Hawaii to take whatever steps are necessary for the Island of Lanai to gain separate county status and J. A. VERRET, JR., Y. S. CHING, its proportional representation in the legislature of the state Secretary Assistant Secretary of Hawaii. PETITION NO.24 397 PETITION NO. 20 PETITION NO. 23 We, the under signed homesteaders of Molokai do hereby WHEREAS, the Island of Lanai today is a complex busi strenuously protest against any measures or resolutions ness community of 3,000 residents, a vastly different situ that will do away with the Hawaiian Homes Commission. ation than when this island was made a part of the County of Instead of dissolving the existing Hawaiian Homes Com Maui; and mission which has been such a great help to our people, we strongly urge that the Hawaiian Homes Commission Act WHEREAS, in the present situation the Island of Lanai which has to do with the continuance of the Hawaiian homes functions only as a stepchild of the County of Maui —which project for the further rehabilitation of the Hawaiian race Is, in practical application, taxation without representation; be faithfully carried out. and WHEREAS, the Island of Lanai is financially, politically CAROLINE K. RODRIGUES and and otherwise able to sustain and run its own affairs as a Several Other Petitioners county of the state of Hawaii; and WHEREAS, the desire for local self-government by the PETITION NO. 21 Island of Lanai is in keeping with fundamentals on which this nation was founded, and in harmony with the principles The enclosed petitions include signatures of persons of on which Hawaii is making its rightful claim for statehood; all races in Hawaii who do not believe that the Hawaiian so Homes Commission Act should be deleted from the Consti THEREFORE, the under signed officers by authorization tution of the proposed State of Hawaii. [Signatures not re produced.] of the members of the LANAI MUTUAL IMPROVEMENT ASSOCIATION do hereby respectfully petition the honorable They represent only those signatures which limited time has permitted our organization to gather. We are confident constitutional convention for the state of Hawaii to take whatever steps necessary for the Island of Lanai to gain however, that the total here represents only a small portion separate county status and its proportional representation of the people of Hawaii who are in favgr of including the in the legislature of the state of Hawaii. Hawaiian Homes Act in the Constutution. As additional petitions on this matter are received by ELDER ALAN E. ALLRED, President us we will forward them to the convention. DOROTHY FUCHIGAMI, Vice-President W. C. KEA, President MARIE ANDERSEN, Secretary and Territorial Council of Hawaiian Treasurer Civic Clubs PETITION NO.24 PETITION NO. 22 WHEREAS, the Island of Lanai tody is a complex business community of 3,000 residents, a vastly different situation This Constitutional Convention of the State of Hawaii of 1950 is engaged in a historic task of great importance to than when this island was made a part of the County of Maui; and the people of the Territory of Hawaii. It can, if it will, bring forth a Constitution complete in all its parts, perfect WHEREAS, in the present situation the Island of Lanai ly attuned to the democratic practices, principles, and as functions only as a stepchild of the county of Maui—which pirations of the people. is, in practical application, taxation without representation; The results of the work of this Convention may become and the foundation upon which the future State of Hawaii can WHEREAS, the Island of Lanai is financially, politically build and progress. It is, therefore, fitting that the founda and otherwise able to sustain and run its own affairs as a tion be carefully constructed, —designed to protect, maintain, county of the state of Hawaii; and and extend the freedoms and rights of the people. Such a constitution is the hope of the ILWU and its members as it WHEREAS, the desire for local self-government by the is of the people of Hawaii. Island of Lanai is in keeping with fundamentals on which The ILWU has prepared a draft Constitution which repre this nation was founded, and in harmony with the principles sents the collective thinking of the representatives of the on which Hawaii is making its rightful claim for statehood; Union. We wish, on behalf of the member ship of the ILWU so in Hawaii, to present to this Convention for its consideration THEREFORE, the undersigned officers by authorization this draft Constitution on its approval by a duly elected and of the members of the LANAI RELIEF SOCIETY do hereby representative body of the Union. respectfully petition the honorable constitutional convention We therefore petition the Convention for permission to for the state of Hawaii to take whatever steps necessary for present for the consideration of the delegates the Constitution, the Island of Lanai to gain separate county status and its so prepared and approved, and ask that the Convention take proportional representation in the legislature of the state such action as may enable us to do so. of Hawaii. EDWARD HONG BONNIE ELLIS, President On Behalf of the International ANNIE SHIN, 1st Counselor Longshoremen’s & Warehousemen’s ELIZABETH DUNLING, 2nd Counselor Union CONSUELO SAMONTE, Secretary and Treasurer 398 JOURNAL DOCUMENTS PETITION NO. 25 TION do hereby respectfully petition the honorable constitu tional convention for the state of Hawaii to take whatever WHEREAS, the Island of Lanai today is a complex busi steps necessary for the Island of Lanai to gain separate ness community of 3,000 residents, a vastly different situ county status and its proportional representation in the ation than when this island was made a part of the County legislature of the state of Hawaii. of Maui many years ago; and WHEREAS, in the present situation the Island of Lanai functions only as a stepchild of the County of Maui—which PETITION NO. 26 is, in practical application, taxation without representation; and Reference is made to our letter (Petition No. 21) dated WHEREAS, the Island of Lanai is financially, politically May 19th, 1950 concerning above subject. (Petition advo and otherwise able to sustain and run its own affairs as a cating inclusion of Hawaiian Homes Commission Act in county of the state of Hawaii; and constitution.) WHEREAS, the desire for local self-government by the Attached hereto are additional petitions circulated by Island of Lanai is in keeping with fundamentals on which this organization. (Signatures not reproduced.) this nation was founded, and in harmony with the principles Please include these attached petitions as part of our on which Hawaii is making its rightful claim for statehood; previous letter. so W. C. KEA, President THEREFORE, the undersigned members of the Board of Territorial Council of Hawaii Civic Clubs Directors of the LANAI COMMUNITY WELFARE ASSOCIA Section C. CONVENTION PROPOSALS 1. Digest of Proposals Offered by Delegates Committee proposals, the actual vehicles employed by 9. Provides for recall of supreme court judges, circuit the Convention in adopting the several articles which com and inferior court judges. Petitions for removal of supreme prise the constitution, are set forth in the preceding Section court and first circuit judges must bear signatures of 20 B, usually as attachments to the reports of standing commit bar members of first circuit. In all other cases petition tees. must bear names of 30 per cent of resident bar m~mhers The proposals made by individual delegates—which ini of circuit. Upon certification by secretary of state, unless tiated committee consideration of the various subject matter judge resigns, ballot at next election shall state reasons for areas and which were frequently incorporated in committee recall and judge’s defense, each limited to 300 words. proposals—are digested on the following pages in the form of summaries prepared during the course of the Convention by 10. Establishes board of education of seven to nine mem the Legislative Reference Bureau of the University of Hawaii. bers, four being elected on non-partisan basis, one from each Names of the delegates introducing particular proposals county, the rest being appointed by Governor. Designates can be ascertained from Section A after consulting the in functions of board: controlling Department of Public Instruc dex. tion and appointing its superintendent for four years. Pro vides support for Department of Public Instruction via 1. Requires legislature to provide for maintenance, sup legislative appropriations and excludes private and sectarian port and control of free public schools on state-wide basis. schools from benefits. 2. Establishes board of regents of University of’ Hawaii, 11. Preamble to the constitution, expressing, in the words authorizing it to supervise publicly supported higher educa of Kamehameha I, reverence to God and respect for all men. tion, to hold title to university lands and exercise control 12. Provides for trial by jury and protection from forced over all university funds. quartering of soldiers, except during war. 3. Establishes supreme court, consisting of chief justice 13. Establishes financial organization of state comprising and four associates, all elective. Provides for retirement three major divisions—finance, treasury, taxation—whose of these judges alter 15 years of service, or upon reaching heads are appointive. Finance commissioner assigned duties age to be specified. Authorizes legislature to provide man of budget preparation, budget allocation, pre-auditing, ner of filling temporary vacancies on bench of supreme prescribing accounting and purchasing procedures. court. Outlines procedures for budget preparation, submission 4. Provides bill of rights, including: statements that and approval, restricting legislature from adding or in political power derives from the people and of inherent creasing any item in budget submitted by governor. Permits rights of man; protection of legal rights; right of citizens governor to veto or reduce items in appropriation bills. to organize; right to bear arms; right of assembly; limits Prevents earmarking of tax revenues except revenues on searches and seizures; guarantee of habeas corpus; of public service enterprise designated by the legislature. guarantees of rights of accused persons; ban on bills of Outlines procedures for payment of funds and authorizes attainder, ex post facto laws, etc.; guarantees of free speech, Governor to reduce expenditures of various agencies under religion, and freedom from legislative abuses; protection appropriations when revenues do not meet original estimates against seizure of private property without just compensation. or when other exigencies so warrant, provided the legisla ture, by resolution of a majority of all members, may exempt 5. Prevents discrimination, against individuals, on racial certain appropriations for the legislative department. or religious grounds, in exercise of civil or military right, Requires uniformity In assessing property taxes, excise or in public schools. taxes, inheritance taxes. Prevents earmarking of tax 6. Establishes threeyear minimum residence qualifica revenues, except revenues of public service enterprise tion for all public offices and employment, except for uni designated by the legislature. versity faculty. Prohibits taxing net income and authorizes legislature to provide for the following tax exemptions: public property; 7. Exempts from taxation real and personal property of church and school property, and property used for char ttäble war veterans and widows of war dead, up to $1,000. purposes; forest land and blighted areas being improved; 8. Provides that each island having 3,000 or more people, lands devoted to establishment of new industries. a majority of whom are citizens or eligible for citizenship, Prohibits the state from lending its credit to any indivi shall be entitled to at least one representative in state legis dual, private corporation, or association, Sets state debt lature. All islands entitled to only one representative shall limit at $60,000,000 and prohibits its increase unless be jointly entitled to one senator. average of all taxes during the preceding 10 years, exclu 399 400 CONVENTION PROPOSALS sive of revenues paid into trust funds, exceeds $60,000,000, by executive order, transmitted to legislature for concurrenc except that the state may borrow to repel invasion, suppress or modification, may carry out mandates of the constitution insurrection, defend against war, catastrophe, etc. when required. Outlines state’s purchasing methods by requring compe 28. Provides that where terms “person,” “persons,” titive bidding and centralized purchasing where practicable. “people,” or per sonal pronouns appear, same include both Authorizes excess condemnation. Provides for appointment sexes. of auditor by legislature and assigns him post-auditing duty. 29. Guarantees persons right to obtain employment to 14. Vests judicial power in one supreme court and such organize and bargain collectively. Prohibits denial of right circuit and inferior courts as legislature may establish. to work because of membership or non-membership in uniom Provides for continuance of territorial laws until superseded Guarantees right to organize and bargain collectively. by state legislation. 15. Requires chief justice of supreme court to appoint 30. Provides that compensation of persons holding office circuit and inferior court justices, subject to removal for established by constitution shall not be diminished during cause, for term of four years, their qualifications and term of such officeholder. compensation to be established by legislature. 31. Authorizes state to acquire private property for im 16. Authorizes legislature to establish standing commit provement of residential areas and empowers legislature tees which shall keep journals. Empowers either house, by to regulate development and management of projects, one-fifth vote of all members, to relieve a committee from authorizing it to assign private or public agencies to under further consideration of an assigned bill if there has been take such projects and to permit these agencies tax exemp no report after 15 days. Requires 48 hours advance notice tions for limited period. of all committee hearings as well as statement of all sub 32. Provides for state ownership of titles to all school jects to be considered. properties and maintenance of schools on statewide basis. 17. Provides that laws relating to qualification of jurors 33. Establishes voting qualifications as follows: age, 18 and exemptions from jury service shall apply equally to years; citizenship, 90 days; residence, state: one year, men and women. Requires jury lists to include both sexes. county 90 days, district: 30 days; literacy, ability to read 18. States that holding of large uncultivated and unim and write English or Hawaiian; and specifically disqualifies proved tracts of land by individuals or corporations to be persons convicted of election fraud, bribery or any infamous against public interest, to be discouraged by all means not crime. Residence status declared not affected by member inconsistent with property rights. ship in federal service, while student in institution of learn ing, or while inmate of charitable and penal institutions. 19. Declares that private property shall be subject to Authorizes legislature to provide for absentee voting; man reasonable regulation and control for purpose of preserving dates it to establish proper rules for registration of voters, scenic beauty of Hawaii, its physical good order, and histor to insure secrecy of voting. Outlines selection of election ic associations. officers and declares regular annual election to be held 20. Establishes elective office of lieutenant governor and the first Tuesday after first Monday in November, sub outlines his qualifications, powers and duties. ject to alteration by law. 21. Establishes office of governor to be elected for a 34. Provides for periodic referanda on constitutional term of four years. Governor must be qualified voter and revision or amendment, and outlines procedure for establist resident of state for three years preceding election. Pres ing future constitutional conventions. Legislature author ize cribes salary, and outlines duties and powers. to submit question of calling convention to the people at any 22. Authorizes governor to appoint, for terms to expire time. If it fails to do so, or if question is not approved by with his, following officers: attorney general, treasurer, two-thirds vote of people at any time during a 20 year perio commissioner of public lands, commissioner of agriculture proper state officer is mandated to submit at general elec and forestry, superintendent of public works, auditor, tion 20 years following last referendum. Majority vote in surveyor, and other members & public boards and commis affirmative will then suffice to convene a constitutional sions, subject to the advice of the senate. Subject to legis convention, delegates to which will be elected at following lative limitation, governor may, with consent of the senate general election, unless legislature calls for a special elec remove these officers. Officers must be citizens of state tion or delegates are elected at same time referendum is and have resided therein for three years next preceding taken. appointment. 35. Creates reapportionment commission comprised of 23. Authorizes legislature to create board of censors lieutenant governor as chairman, attorney general and empowered to prohibit showing of improper motion pictures. secretary of state, to apportion senatorial and representativ 24. Provides that all territorial laws not inconsistent districts in accordance with designated requirements. with constitution shall continue in force until amended or 36. Defines lobbying as seeking to influence a legislator’~ repealed. vote by bribery, promise of reward, intimidation, or by 25. Guarantees right of persons in private and public other dishonest means and declares lobbying a felony punish employment to work, to organize and bargain collectively, able by law. Declares legislators who are so influenced and provides for legal restraint in event of its violations. guilty of a felony and~ provides for disfranchisement and permanent disqualification from public office. Authorizes 26. Prohibits judges from holding membership in politi subpoenaing of witnesses by any duly authorized body in a cal parties or making public utterances on political candi proceeding against any person charged with aforementioned dates or issues during term of office. felonies and requires witness to testify, but excludes use of 27. Provides that constitution shall be self-executing to such testimony against witness in any later judicial proceed fullest extent that its provisions permit, and that Governor ing, save perjury. DIGEST OF PROPOSALS OFFERED BY DELEGATES 401 37. Establishes eight hour work day for laborers, work 56. Provides that territorial seal, modified to bear legend, men and mechanics employed on public works of the State “The State of Hawaii,” be designated as state seal. of Hawaii or any subdivision thereof, exccpt in case of emergency or in time of war. Requires all public works 57. Creates board of education composed of seven mem contracts to contain this provision. bers, three serving at large and one each representing Hawaii, Maui, Honolulu and Kauai counties. Members to be 38. Authorizes legislature to establish minimum wage appointed by governor from list submitted in manner pres laws for women and children and to provide for comfort, cribed by law, subject to approval of senate. Each appointee health, safety and general welfare of all employees. to be ratified by vote of people at following general election 39. Preamble embodying acknowledgment of gratefulness —appointees at-large voted on by general electorate of to God for freedom and justice, freedom from harm as pro state, the others by electorate of respective counties. claimed by Kamehameha I; ordains constitution in order to Failure of ratification creates automatic vacancy of position. insure justice, general welfare, liberty and freedom. 58. Mandates supreme court to give advisory opinions 40. Provides that every duly registered citizen must be on important questions when required by governor, senate at least 20 years old. or house of representatives. 41. Resolves that portion of 180,000 acres of land provided 59. Recommends that the combinations “U,” “V,” and for Hawaii in H. R. 49 be made available in each island for “W” districts created during election of constitutional con small farming, to be leased on terms of at least 15 years. vention delegates be made districts for representation in 42. Provides that resident foreigners, eligible for United legislature. States citizenship, shall have same property rights as native 60. Empowers state and its political subdivisions to pro born citizens. vide or assist in slum clearance and rehabilitation of sub 43. Declares that the people have an inalienable right standard areas, including housing for per sons of low income. to reform, alter or totally change their form of government. 61. Proposes following preamble: “We, the people of 44. Prohibits criminal prosecution for capital or infamous Hawaii, grateful to the Almighty for our freedom, to secure crimes except by presentment or indictment by grand jury, that freedom and to promote our common welfare, do estab save cases arising in armed forces or militia when in ser lish this Constitution.” vice during war or public danger; prohibits double jeopardy, and compulsion of self-incrimination in criminal case. 62. Establishes these rights of accused persons: to de mand specific statement of charges; to have assistance of 45. Prohibits granting of special privileges or immunities counsel; to be confronted with witnesses; to have compul that may not be altered, revoked or repealed by legislature; sory process for securing attendance of witnesses;to have prohibits discrimination in granting privileges and immunities. speedy and public trial, by impartial jury of the judicial 46. Provides that majority of stockholders of every domes circuit in which offense is alleged to have been committed. tic corporation shall be citizens of the United States. 63. Declares right of people to keep and bear arms for 47. Provides that right to marry shall not be denied or common defense and that the military shall be subordinate abridged because of race, nationality, creed or religion. to civil authority. 48. Provides for annual legislative sessions of 60 work 64. Mandates legislature to provide for uniform state ing days each. wide free public school system, free from sectarian control. 49. Provides for keeping of written verbatim record of all activities of the constitutional convention and of state 65. Directs state capital to be located in Honolulu. legislatures and its committees, which record to be deposit 66. Establishes department of public instruction to es ed with the Public Archives. tablish and maintain state public schools under administration 50. Declares sovereignty of the people and accountability of commissioners and superintendent of public instruction, of public officials to them at all times. who shall be appointed by governor with advice and consent of senate. Members and qualifications of commissioners 51. An ordinance amending section 213, subsection (f) of and superintendent to be fixed by law; no clergyman to be Hawaiian Homes Commission Act, 1920, upon consent of the eligible. Mandates legislature to support a system of United States. As amended, it provides that all receipts public schools, free from sectarian control and open to all derived from lease of “available lands” shall be deposited children. into Hawaiian home-administration account. 52. Provides for adoption of Hawaiian Homes Commission 67. Provides that State of Hawaii shall retain all lands and property, title to which immediately prior to statehood Act, as state law, subject to repeal or amendment only upon was in Territory or its subdivisions. Any lands or property United States consent, unless Congress provides state legis in Territory set aside for federal use to become federal lature may do so. Allows additional appropriations for the property, subject to certain limitations. purposes of the Act. Accords the Commission equal treat Accepts stipulated conditions governing use of land trans ment with other state departments. Prohibits for ever ferred to State, as those which may be required by Congress. legislation conflicting therewith. Establishes commission to treat with federal government in 53. Provides that all that area formerly comprising the working out land settlement. Territory of Hawaii shall constitute the State of Hawaii, 68. Creates non-partisan judicial commissions to nomi 54. Incorporates section 73 of the Hawaiian Organic Act nate panels for appointment by governor to state courts. relating to public lands into the constitution, with specified At end of term, judge seeking to continue in office must face changes and deletions. election, “running against his record”; if he fails to receive 55. Designates Hawaiian flag as flag of State of Hawaii. majority favor able vote, to be replaced by appointee. 402 CONVENTION PROPOSALS 69. Specifies that development of farm and home owner - 85. Establishes “Hawaii Ponoi” as official state song. ship are public purposes for which powers of eminent domain, taxation and borrowing may be used. 86. Prohibits taking or damaging private property for public use unless just compensation is made. 70. Disqualifies persons convicted of bribery from hold ing public office. 87. Directs legislature to enact reciprocal laws coopera ting with other state governments and federal government to 71. Provides that bail may be posted for all but capital safeguard rights of people of Hawaii in liability, dependency, offenses where guilt is evident or presumption great. Pro public welfare and non-support cases. hibits excessive bail or fines, cruel and unusual punishment. Provides that witnesses shall not be unreasonably detained 88. Omnibus proposal, containing provisions relating to nor confined with criminals, preamble, bill of rights, suffrage and election, legislature, executive, judiciary, finance, local government, public edu 72. Prohibits discrimination on political, religious or cation, general matters, and constitutional revision, many racial grounds for persons in the government civil service. of which have previously been introduced. Directs legislature to appropriate funds to establish general merit system for public employment. 89. Prohibits Bill of Rights from being used to excuse licentiousness or justification of practices inconsistent 73. Prohibits taxes or appropriations for private purposes. with peace or safety of state. 74. Requires general appropriation bill to be passed 90. Declares private property to be subject to reasonable before any special appropriation bill, except emergency regulation and control for purpose of preserving scenic appropriations. Requires public hearing on budget. Prohi beauty of Hawaii, its physical good order, and historic bits legislature from appropriating funds in excess of reve associations. nue for same period. Gives governor power to veto or reduce any item in appropriation bills. 91. Declares the people shall have right to fish in and from state lands and water. Prohibits transfer of state 75. Mandates governor, three months prior to new fiscal land without reserving this right and authorizes legislature year, to submit to legislature budget of proposed expenditures to provide regulations in fishing. and anticipated state income for ensuing year. Requires governor to have introduced general appropriation bill 92. Requires judges to be licensed attorneys and ten- authorizing expenditures set forth in the budget and bills year residents of Hawaii. providing for additional taxes or for borrowing to meet the 93. Authorizes any person whose rights are directly proposed expenditures. involved to enjoin by suit violation of any constitutional 76. Prohibits state or any civil division thereof from provision. giving or lending Its credit, directly or indirectly, to any 94. Prohibits governor from appointing officers or mem individual association, or private corporation. bers of any board, commission or other county body. 77. Authorizes excess condemnation by state or any civil 95. Prohibits legislature from passing any bill of attainer division thereof. Permits sale of such excess with restric ex-post facto law, or law impairing obligation of contracts, tions to preserve improvements made. Authorizes bonds to or denying enfór cement of contracts by remedy existing at pay for excess property acquired and exempts such bonds, inception of contract. when a lien on property acquired, from any indebtedness prescribed by law. 96. Grants aliens domiciled in Hawaii same rights of 78. Requires all purchasing by state or its subdivisions possession, enjoyment, transmission and inheritance of pro to be done through competitive bidding and centralized perty granted to native-born citizens. purchasing, where feasible. 97. Establishes 25-section bill of rights. 79. Provides for appointment by legislature of auditor, 98. Prohibits legislature from delegating to any adminis who shall conduct post-audits of governmental expenditures trative agency authority to make rules which impose fine or and report his findings to governor and to legislature. imprisonment as punishment for its violation. 80. States that power of taxation shall never be surrender - 99. States that utilization of agricultural, mineral, forest ed, suspended or contracted away. and other natural resources are public uses; allows condem 81. Prohibits earmarking of revenues from taxes or funds. nation thereof upon compensation. States that government Grants governor power to control expenditures through allot shall have full power to act for health, safety and general ment system, and to reduce expenditures under appropriations. welfare of its citizens. Provides that no public funds can be obligated except in 100. Divides powers of government into three distinct accordance with legislative appropriations. departments—legislative, executive and judicial—and pro 82. Denies privilege of voting to any person who bets on hibits any department from infringing upon powers of the outcome of any election, receives a reward for voting in an others, unless expressly authorized by constitution. agreed manner or who attempts to influence a vote. Directs 101. Mandates legislature to establish agencies to pro legislature to exclude as electors those convicted of bribery mote interstate cooperation and to appropriate the necessar~ or infamous crime. funds. 83. Prohibits deprival of life, liberty, or property with 102. Requires enactment of laws by bill embracing one out due process of law, or denial of equal protection of subject to be expressed in its title. Prescribes enactment laws. clause reading, “Be it enacted by thelegislatur.eof the 84. Declares residence status for voting unchanged while State of Hawaii.” in service of United States, traveling at sea, student of 103. Requires legislature to promote conservation and learning,~ or inmate of charitable or penal institution. development of natural resources. DIGEST OF PROPOSALS OFFERED BY DELEGATES 403 104. Requires constitutional conventions to be held at 118. Prohibits segregation in state public schools because least once every ten years to review constitution and pro of religious principles, sex, race, color, ancestry, or national pose changes. Requires approval of amendments by voters origin. at following general election. 119. Provides for amending constitution by vote of three- 105. Prohibits denial or discrimination in acquisition, fifth of each legislative house, approved by majority vote of use or sale of real or personal property on basis of religious electorate. or racial differences. 120. Prohibits appropriation of public money for support 106. Establishes right of collective bargaining for priva±e or benefit of any sectarian, denominational or private school. employees; allows public employees to organize and make 121. Declares that general welfare requires that surface known their grievancies and proposals to the state and its and ground water be kept uncontaminated, protected, and put agencies. Requires officers and bargaining representatives to fullest beneficial use. Limits water rights to beneficial to sign non-communist oath. use to be served. 107. Declares that all water within state belongs to and 122. Declares that legislature shall be responsible for is dedicated to the use of the people. maintaining good order of the state and health, safety and 108. Requires legislature to create department of econo general welfare of its inhabitants. mic resources, and to enact laws fostering conservation and 123. Requires governor to appoint commission to orga development of agricultural and natural resources. Vests nize state civil service department for selection of employees control in six member commission. on merit basis. 109. Creates commission of public lands of not more than 124. Requires election of circuit judges on a nonpartisan seven members: two from Honolulu, one from each other basis for six-year terms. Requires that candidates be ten- county, remaining two selected by those appointed. Also year residents, two-year circuit residents, qualified voters creates appointive commissioner of public lands. and licensed attorneys. 110. Creates board of education of seven members: one 125. States that islands acquired by United States under each to be elected from each county, three to be elected at Annexation Act, and known as Territory of Hawaii, shall be large in non-partisan election. Clergymen declared ineligi State of Hawaii. ble for member ship. 126. States that protection and promotion of public health, 111. Authorizes legislature to create local governments, good order, safety and general welfare are matters of public the officials thereof to be chosen by respective counties or concern and shall be provided for by the state in manner city and counties in manner prescribed by law. that legislature shall determine. 112. Provides for annual legislative sessions—the sessions 127. Prohibits commission of public lands from selling of odd-numbered years to be known as general sessions, residential lots from public lands to any person who had those of even-numbered years as budget sessions. Budget previously purchased residential lots subdivided from public sessions, limited to consideration of general appropriation lands. bills and revenue measures, acts calling elections, proposed 128. Establishes a legislative council of 15 members, constitutional amendments, acts necessary to provide for consisting of five senators, five representatives, and five expenses of session; and urgency measures requiring a two- non-legislators appointed by governor, and mandates third vote, shall commence on third Wednesday of February legislature to provide for selection, tenure and compensa and continue for 30 days, unless extended up to 10 days, by tion of members of the council and necessary research staff. the governor. General sessions to begin same date, and limited to 60 days, unless extended for not more than 30 129. Declares membership in state employees’ retire days by governor. ment system to be contractual relationship, benefits of which shall not be diminished or impaired. 113. Provides for direct initiative and referendum under specified conditions. 130. Declares that nothing in constitution shall be cons trued to prevent legitimate cooperation between state and 114. Authorizes legislature to create Hawaii economic federal government. Mandates the legislature to provide for resources authority, charged with responsibility of investi agencies to promote cooperation between state and other gating and introducing new products and processes. states; authorizes local units to enter into mutual agreements, 115. Authorizes legislature to establish local government and agreements with state and federal government for coop units and provide for selection of their officials, either by erative administration of any of its functions or powers. election or by appointment by local authorities. Authorizes legislature to enact laws facilitating the consoli dation of existing civil divisions and establishment of 116. Prohibits, without written consent of the land com cooperative enterprises among local units. missioner and governor, any transfer of interest to an alien or corporation of public land for which any agreement 131. Requires legislature to provide state-wide system of was issued alter May 27, 1910 by the Territory or State of agricultural education under one or more public institutions Hawaii; or before or alter issuance of homestead lease, or of higher learning. before issuance of patent to, by, or for benefit of any person 132. Provides preamble which reads as follows: who owns or controls other land, combined area exceeds 80 acres. Transfer by inheritance or between tenants in Grateful to Divine Providence for the privilege of common are excluded from the foregoing provisions. democratic government under the aegis of the American flag, with pride in our heritage which, under Kingdom, 117. Requires legislature to provide for a statewide Republic, and Territorial status has made possible eco system of free public libraries. nomic prosperity and harmonious relations among 404 CONVENTION PROPOSALS residents of widely differing ethnic origin, we do hereby Exempts state property from taxation. Allows tax exemp ordain and establish a constitution for the State of tion for charitable, religious and educational institutions. Hawaii. Allows relief from taxation for lands devoted to forestry, reconstruction, redevelopment and rehabilitation, as legis 133. Provides for annual legislative sessions, substantia] lature may prescribe. Also permits exemptions to encour ly same as Proposal 112, except that general sessions be age new industries or enterprises. split as follows: first term shall last for 30 days; second term, also 30 days, with a recess of 30 days inbetween. First 141. Amends redraft of proposal No. 13 (finance article) term for introduction of bills, first and second readings; to: delete Senate consent for removal of finance commis second, for consideration and final action thereof. sioner, tax commissioner and treasurer; permit legislature to increase, decrease, delete or add any item in budget 134. Establishes nine-member bureau of agriculture and bill; delete section regarding special and supplementary natural resources. Board is authorized to conserve state’s appropriations; permit legislature to establish graduated natural resources by promoting agricultural development, income, inheritance and gift taxes; set debt limit at fishing, wild life control, and water conservation, and to $60,000,000, authorization of additional indebtedness to manage public lands. Limits leases of public lands to 30 require three-fourths vote of each house; delete require years, except by three-fourths vote of legislature. Restricts ment that excess condemnation reduces overall cost of sizes of houselots and homesteads. acquiring property; require appointment of auditor be by 135. Provides that territorial laws shall continue under majority vote of all members of legislature, auditor to statehood, with word “State” substituted for “Territory.” serve during its pleasure. 136. Designates date of admission to statehood as date 142. Requires the governor and judges of supreme and constitution shall take effect. circuit courts to be removed from office on Impeachment and conviction of treason, bribery, or other high crimes 137. Provides for apportionment of legislature as follows: and misdemeanors. Gives House of Representatives sole House of Representatives—25 from Oahu and 18 from other power of impeachment and Senate sole power to try impeach islands, a total of 43; Senate—5 from each county. ments. Provides that lieutenant governor shall preside over the At trial of governor, chief justice shall preside and senate, voting only in case of tie. conviction to require concurrence of two-thirds of Senators. 138. Requires arrested per sons to be taken, without Limits impeachment judgment to removal from office and unnecessary delay, to nearest available officer enpowered disqualification from state office, but convicted party shall to commit persons charged with legal offenses. Requires be subject to indictment, trial, and punishment according to filing of complaint forthwith in event that arrest is made law. without warrant. Requires commiting officer to inform 143. Empowers the governor to reorganize administra defendant that he is not required to make statement, and tive structure to promote efficiency, such changes to be set has right to retain counsel. Gives defendant right to secure forth in executive orders to become effective at close of bail. next legislative session, unless modified or disapproved by 139. Declares that no section contained in the bill of two-thirds of members of each house. rights shall be taken to limit the rights and liberties guaran 144. Deprives legislature of power to grant divorce, and teed by any other section. prohibits legislation of private, special or local character. 140. States that power of taxation shall not be surrender 145. Empowers governor to grant pardons, commutations ed, contracted or taken away. Prohibits state from giving and reprieves, subject to legislative regulations. credit to any individual or private corporation. Prohibits debt limitation, but requires legislative authorization be 146. Creates judicial council composed of chief justice, fore state debts can be contracted. certain number of judges of appellate courts, attorneys and Requires the governor to submit budget within 10 days lay citizens whose duties are: to investigate, review and of opening of regular session. Prohibits passage of special report matters pertaining to administration of justice; to appropriation bills before general appropriation bill, except make or alter rules pertaining to judicial procedure and in emergency. Requires taxation and appropriations of practice, such rules to be effective only when published as public money to be made only for public purposes and pro provided by law. Authorizes legislature to repeal, alter hibits property or money from being appropriated or used or supplement such rules. for any religious institution. Prohibits appropriation of 147. Prohibits limiting political activities of government public money or property for charitable, industrial or employees, except as provided in constitution. educational purposes, except to division of state, allowing, however, special legislative grants to private hospitals. 148. Establishes popular initiative and referendum. Requires governor to appoint three voting members to Initiative petition to contain summary of proposed measure, boards of such aided private institutions. signed by qualified voters numbering five per cent of total Authorizes the governor to strike out or reduce items vote cast in each county for governor at last election, for in appropriation bills. Prohibits earmarking of funds. statutory measures, eight per cent for constitutional Authorizes reduction of state expenditures by governor amendments. Initiated measures to be submitted to legis when revenues are over-estimated. lature. If the petition is not enacted into law, or in case of Requires centralized purchasing and use of competitive constitutional amendment, if not passed and repassed in the bidding where practicable. Provides for legislative post- following legislative session, petition shall be submitted to auditor. voters. Authorizes legislature to present alternate proposal Authorizes excess condemnation and allows sale of excess. when petition is submitted to electorate. Prohibits more Allows issuance of bonds to pay for excess property acquired than two initiative proposals being placed on ballot in any and exempts bonds from any local debt limits. election. DIGEST OF PROPOSALS OFFERED BY DELEGATES 405 Requires a referendum petition to be filed with governor members numbering not less than number of election dis within 90 days alter adjournment of session wherein measure tricts within county, nor more than above the number of was enacted; petition signatures to meet five per cent test districts. Provides that voters of each election district set for initiative. Measure shall then be submitted to shall elect at least one member of legislative body of electorate within 30 days alter filing. Prohibits referenda county of that district, and requires candidates to be resident- on laws necessary for immediate preservation of public electors thereof. V peace, health, safety and appropriations for current state 154. Cedes property set aside for the use of United States government expenses. Prohibits gubernatorial veto of initia prior to statehood to United States, reserving right to serve tive and referendum measures. Measures submitted to civil or criminal process of state within said lands. electorate to become law, or part of the constitution, when approved by majority of votes cast ther eof, providing that 155. Secures religious toleration and prohibits molesting no initiative measure is effective unless affirmative votes of persons or property because of religious worship. Re cast therefor equal 35 per cent of total votes cast for gover quires provision to be made for establishment and mainte nor at last election. When initiative proposals involve nance of public school system, free from sectarian control expenditures, they must also provide for necessary and open to all children. Requires state to assume debts revenues. and liabilities of Territory of Hawaii. Prohibits taxation Prohibits enacting laws restricting aforementioned powers. of property belonging to non-resident citizens at greater Prohibits repeal of measures adopted by the people under the rate than property of residents. (Ordinances required initiative and referendum for period of three years, except under H.R. 49 of the 81st Congress.) by two-thirds vote of all legislators. 156. Adopts Hawaiian Homes Commission Act, 1920, as 149. Provides for selection of seven—member state board amended, subject to amendment or repeal only with consent of education appointed by governor with senate approval from of United States, providing that provisions relating to adminis panels submitted by county school advisory committees tration and powers and duties of officers may be amended in appointed by respective county boards of supervisors. way required for ordinary state legislation. Prohibits loan 150. States that existing charters which shall not have and development funds from being reduced or impaired and organized and commenced business in good faith at the time prohibits increase of authorized incumbrances, except with of the adoption of the constitution shall be invalid. No consent of United States. Authorizes increase in benefits charter or corporation shall be granted or changed by to lessees by constitution or state legislation and requires special law except for certain corporations under the con all proceeds from Hawaiian home lands to be made available trol of the state. Requires legislature to provide by general to state for use in accordance with said act. laws for organization of corporations hereafter to be created. 157. Adopts Constitution of United States on behalf of the Allows legislature to alter, revoke or annul any charter now people of Territory of Hawaii. existing or hereafter created whenever it deems necessary, providing that no injustice shall be done to incorporators. 158. States that all debts, fines, penalties, and forfeitures Provides for equal rights to use public transportation accrued or hereafter accruing to Territory of Hawaii shall and prohibits discrimination in charges or facilities in inure to State of Hawaii. intrastate commerce. Prohibits abridgment of right of eminent domain so as to 159. States that right of the people to be secure in their prevent taking property of incorporated companies for public per sons, houses, papers and effects against unreasonable use. Prohibits abridgment of police power to enable corpora searches and seizures shall not be violated. Prohibits tions to infringe upon equal rights of individuals. issuance of warrants, except upon probable cause supported Requires foreign corporations doing business in Hawaii by oath or affirmation and, particularly describing the place to have one known place of business, and an authorized to be searched and things to be seized. Excludes evidence agent upon whom process may be served. Prohibits passage obtained in violation of provision from admittance against of retrospective laws. Declares nothing in constitution accused in criminal cases. shall be construed to prohibit establishment of banks by V 160. Invests judicial power in supreme court and such individuals or corporations. Requires state to provide other courts as legislature shall establish. Authorizes reasonable control of all public utilities. Prohibits public legislature to define the powers and jurisdiction of state lodging places from discriminating against individuals courts. Requires electing judges of state courts having because of race, color, creed or religion. appellate jurisdiction and appointment of all other judges 151. States that no county, nor any two adjoining counties, by chief justice. shall be appointed more than half of total number of senators. 161. Prohibits abuses of persons while under arrest or 152. States that certain services rendered by private in prison. No person shall be held under arrest for longer enterprise require state control. Authorizes legislature to than three hours in any 24-hour period, unless specific charge define and control such services in public interest by public has been preferred against him. utilities commission, whose members shall be appointed by 162. Identical with Proposal 161, except for omission of governor. phrase “in any 24-hour period.” 153. Requires legislature to provide alternative forms of 163. Prohibits governing or policy-making bodies of county government and methods for adoption; requires county public educational systems from exercising control over legislative body to serve without compensation should the private schools, except where said schools request assist people, by general election in said county, so requtre.~ ance or control. Prohibits reducing county areas without approval of majority of electors therein. Authorizes legislature to 164. Requires state to encourage skills, science, arts consolidate not more than two election districts, and only if and crafts and prohibits it from interfering with persons contiguous. Limits terms for county officers to four years. disseminating same, as long as such endeavor does not Provides for election of county legislative bodies, their advocate overthrow of American system of government. 406 CONVENTION PROPOSALS 165. Prohibits laws abridging teaching of foreign languages mission of state into Union until their successors have or establishment of private schools for such purpose, as long qualified according to law. as their endeavor does not interfere with American system 179. All recognizances, bonds, obligations and undertaking of government. entered into by territory or its subdivisions to remain valid 166. Suggested preamble to constitution. and may be acted upon under state law. 167. Provides for creation of local governmental units, 180. Provides that all civil and criminal actions which upon approval of voters in locality, as chartered or unchar shall have arisen prior to admission of Hawaii as state, tered counties, cities or city-counties. Authorizes local but as to which no proceedings shall be pending at that date, governments to furnish services, levy taxes, borrow, to shall be subject to prosecution in appropriate courts of state make public improvements and to condemn property for their or of United States. own use. 181. Vests in State of Hawaii all property, choses in 168. Declares unlawful holding of more than 25 acres of action, claims, etc., belonging to Territory of Hawaii and residential land on any island by any person or association. authorizes state to sue and recover for same as might have Provides that lands in excess of this limit, 10 years alter Territory of Hawaii. approval of constitution, may be purchased at condemnation 182. Declares that all persons shall have right to organizE price. In case of leaseholds, lands would become subject except in military organization not under state supervision to this condemnation procedure upon expiration of lease and except for purposes of resisting state or federal autho (alter the 10-year period), with tenant having priority to rity. Private employees shall have right to organize and purchase. bargain collectively, whereas persons in public employment 169. Governor to designate department heads, in order shall have right to organize and make known their grievanceE of his choice, to serve as acting governor. In event of to the state. death, resignation, impeachment or removal of governor, 183. All rights, actions, claims, processes, etc. existing or his disability or absence from state for more than 60 at time of achieving statehood shall continue as if no govern days, legislature may elect acting governor. In event of mental change had occurred. death of governor, or his failure to qualify, legislature shall choose acting governor, until governor has qualified 184. Proposals article on judiciary, similar to Article or new governor is elected. Should legislature fail to act, V of constitution. outgoing or acting governor shall hold office until vacancy is 185. Creates judicial council of seven members, one filled. Election to fill vacancy in governor ship shall be being chief justice and chairman, three being elected by held not less than 60 days alter vacancy occurs. bar association from its membership and three, not bar If there is no qualified person able to fill existing vacancy, members, being appointed by governor Limits term of president of senate, or, in that order, speaker of house, shall office to seven years, allowing supreme court to change the assume governor ship and call special joint session of legisla terms; members to receive no compensation. Prohibits ture to select acting governor. Authorizes legislature to members from holding political office and allows council provide by law for any contingency affecting tenure of gover action only by majority concurrence. nor not fully provided for in constitution. Judicial council shall submit three nominees to governor 170. Provides for proposal of constitutional amendments or chief justice for each appointment to circuit and supreme by legislature in following manner: original passage by court vacancies, provided that if any incumbent is candidate majority of eaëh house; submission to governor; repassage his name shall be included as nominee and the council may, by three-fifths vote of legislature, if governor disapproves but need not, nominate two others. For inferior court proposal, or fails to act in 15 days. Proposed amendment vacancies, chief justice shall appoint one of three persons then would require approval, at next general election, of named by judicial council, with above provision for candidac~ majority voting on it. of an incumbent. 171, 172, 173. Alternative suggested preambles to 186. Empowers legislature to establish local governments constitution. officials of which are to be appointed or elected within res 174. Declares that civil service of state and its subdivi pective local governments as provided by law. sions shall be governed by merit system without regard to 187. Substantially identical with Proposal 186. political affiliation, religious or racial background. 188. Authorizes legislature to create counties and munici 175. Authorizes exercise of eminent domain, imposition palities, and to provide for selection of their officials. of taxes, and granting of credit of state for the development of farm and home ownership. 189~ Reserves to the people power to propose laws and constitutional amendments by initiative and by referendum 176. ]~mpowers governor to fill all vacancies in public to adopt or reject laws or amendments proposed by themsel~ offices, unless otherwise provided by constitution or statute. and laws passed by the legislature. Establishes enacting 177. Provides that all criminal prosecutions and penal clause for laws. actions originating under Territory of Hawaii may be pro 190. Exempts legislators from arrest, except for treason, secuted by state of Hawaii as if no change had taken place; felony, and [sic] breach of the people, during legislative all penalties and punishments to remain as if constitution session, and for 15 days before and 15 days alter session. had not been adopted. Law, equity and other proceedings pending in territorial courts at time of change to state 191. Declares responsibility of state to seek full employ government to be continued transferred to state or United ment of its people and provides that state shall undertake - States court having jurisdiction thereof. programs to eliminate unemployment. 178. All officers and employees of territory and its sub 192. Authorizes legislature to provide general rules for divisions shall continue to discharge their duties upon ad- inspection and measurement of commodities in order to pro- DIGEST OF PROPOSALS OFFERED BY DELEGATES 407 tect public health, provide correct standards of weights and which shall be motto: “Ua rnau ke ea o ka ama i ka pono.” measures, and protect state interest in its property, revenues and purchases. 194. States that no person shall be denied equal protection of laws of state nor shall any person, because of race, color, 193. Describes state flag, to consist of eight horizontal creed or religion, be subjected to discrimination in civil stripes alternately white, red and blue beginning at the top, rights by any person, business organization, or by state. having emblem in dexter chief angle next to point of suspen sion. Requires the emblem to consist of state seal under 195. Outlaws Communist Party. 2. Disposition of Committee Proposals (Reference preceding colon is to Convention Day.) 1. HEALTH AND GENERAL WELFARE 7. JUDICIARY 1st Reading: (SCR 16) 31:54, 159—161 1st Reading: (SCR 37) 43:69, 173—176 Considered by Corn. of Whole: 36:61, 37:62, 38:63, 39:64 Considered by Corn. of Whole: 48:74, 49:78, 51:82, 60:98 Com. of Whole Rpt.: 40:46, 296-299 CWR 8: 60:98, 307-312 2nd Reading: 41:65-66 2nd Reading: 60:98, 61:99 Style Com. Rpt.: (SCR 45) 46:71, 47:73, 48:74, 181-182 Style Com. Rpt: (SCR 100) 64:104, 260-262 3rd Reading: 51:82 3rd Reading: 69:111 Constitution: VIU:l—5; XIV:13 Reconsidered for amendment: 77:129—130 Constitution: V:1-6 2. PUBLIC FINANCE AND TAXATION 8. SUFFRAGE AND ELECTIONS 1st Reading: (Misc. 93, SCR 19A) 35:60, 162, 386 Referred: Corn. on Taxation, 3 5:60 1st Reading: (SCR 39) 44:69, 176—178 Corn. Report: (SCR 44) to file, 45:70, 179-181 Considered by Corn. of Whole: 49:78, 51:82, 83, 57:93 Filed: 57:93 CWR 7; 57:93, 306—307 2nd Reading: 57:93 Style Corn. Rpt: (SCR 89) 59:95, 245-246 3. BILL OF RIGHTS 3rd Reading: 61:99-100 1st Reading: (SCR 20) 36:61, 164-166 Constitution: 11:1—5 Considered by Com. of Whole: 45:71, 46:72, 53:86 CWR 5: 53:86, 299-305 9. REVISION AND AMENDMENTS 2nd Reading: 53:86 1st Reading: (SCR 48) 48:74, 186-189 Style Com. Rpt: (SCR 88) 57:93, 60:98, 243-245 Considered by Corn. of Whole: 53:86, 87, 54:88, 61:100 3rd Reading: 61:99 CWR 9: 61:100, 312—315 Constitution: 1:1-6, 8-9, 11, 13-20 2nd Reading: 61:100 Style Corn Rpt: (SCR 109) 69:112, 266—267 4. BILL OF RIGHTS 3rd Reading: 73:119 1st Reading: (SCR 24) 38:63, 166-167 Constitut ion: XV: 1-4 Considered by Corn. of Whole: 45:71, 46:72, 53:86 CWR 5: 53:86, 299-305, recommend combining into CP 3 10. PUBLIC FINANCE AND TAXATION Constitution: 1:4, 7, 10, 12 1st Reading: (SCR 51) 49:76, 191—201 Considered by Corn. of Whole: 56:91, 92, 59:95, 60-97 CWR 18: 70:113, 327—332 5. CONTINUATION OF LAND LAWS 2nd Reading: 70:113 1st Reading: (SCR 25) 38:63, 167 Style Corn. Rpt: (SCR 122) 75:122, 275—277 Referred: Com~ on Ordinance, 38: 63 3rd Reading: 76:123 Corn. Report: (SCR 68) to file as incorp. in Sec. 12 of Constitution: VI:1-8; XIV:2 CP 23. 49:78, 222-224 11. EDUCATION 6. HAWAIIAN HOMES COMMISSION ACT 1st Reading: (SCR 52) 49:76, 201—206 1st Reading: (SCR 33) 42:66, 169-172 Considered by Corn. of Whole: 54:89, 55:90, 56:91, Considered by Corn. of Whole: 47:73. 48:74 61:100 CWR 3: 48:74, 299 CWR 10: 61:100, 315—317 2nd Reading: 48:74 2nd Reading: 61:100 Style Corn. Rpt.: (SCR 76) 53:85. 230-231 Style Corn. Rpt: (SCR 104) 66:107, 264—265 3rd Reading: 55:90 3rd Reading: 69:111 Constitution: XI:l-2 Constitution: IX:1-5 408 CONVENTION PROPOSALS 12. SEAT OF GOVERNMENT 19. OATH OF OFFICE 1st Reading: (SCR 53) 49:76, 206-207 1st Reading: (SCR 63) 49:77, 211 Considered by Corn. of Whole: 62:102, 63:102, 103, Considered by Corn. of Whole: 62:102, 63:102. 103, 64:105, 68:109, 70:114 64:105, 68:109 CWR 13: 70:114, 319 CWR 16: 68:110, 322 2nd Reading: 70:114 2nd Reading: 68:110 Reconsidered by Corn. of Whole: 71:115-116, 74:120 Style Corn. Rpt.: (SCR 111) 70:114, 268-269 CWR 13, RD 2: 74:121, 320 3rd Reading: 72:117 2nd Reading, as arnended: 74:121 Constitution: XIV:4 Style Corn. Rpt: (SCR 123) 75:122, 277-278 3rd Reading: 76:123 20. PREAMBLE Constitution: XIII:2 1st Reading: (SCR 64) 49:77, 211—214 13. STATE FLAG Considered by Corn. of Whole: 62:102, 63:102, 103, 64:105, 68:109, 69:111 1st Reading: (SCR 54) 49:76, 207 CWR 19: 69:112, 332 Considered by Corn. of Whole: 62:102, 63:102, 103, 2nd Reading: 69:112 64: 105 Style Corn. Rpt.: (SCR 123) 75:122, 277-278 CWR 11: 64:106, 317—318 3rd Reading: 76:123 2nd Reading: 64:106 Constitution: Preamble Style Corn. Rpt: (SCR 111) 70:114, 268—269 3rd Reading: 72:117 Constitution: XIII:3 21. EQUAL RIGHTS 1st Reading: (SCR 65) 49:77, 214 14. STATE SEAL Considered by Corn. of Whole: 62:102, 63:102, 103, 1st Reading: (SCR 55) 49:76, 207-208 64: 105 Considered by Corn. of Whole: 62:102, 63:102-103, CWR 11: 64:106, 318 64:105, 68:109, 69:111, 70:114 2nd Reading: 64:106 CWR 14: 70:115, 320-321, recommend filing Style Corn. Rpt.: (SCR 111) 70:114, 268—269 Filed: 70:115 3rd Reading: 72:117 Constitution: XIV: 12 15. STATE BOUNDARIES 1st Reading: (SCR 56) 49:76, 208 22. EXECUTIVE Considered by Corn. of Whole: 62:102, 63:102, 103, 64:105 1st Reading: (SCR 67) 49:77-78, 215-218 CWR 11: 64:106, 317—318 Minority Reports: (SCR 67—A,B,C): 49:77—78, 218—221 2nd Reading: 64:106 Considered by Corn. of Whole: 57:93, 94, 58:94, 69~1l0 Style Corn. Rpt: (SCR 111) 70:114, 268—269 CWR 17: 69:110, 322—327 3rd Reading: 72:117 2nd Reading: 69:111 Constitution: XIII: 1 Style Corn. Rpt: (SCR 119) 74:120, 271-274 CWR 23 supplementing CWR 17: 75:121, 338—339, 16. CIVIL SERVICE 76:122, 126 1st Reading: (SCR 57) 49:76, 208—209 3rd Reading: 76:126 Considered by Corn. of Whole: 62:102, 63:102, 103, Constitution: IV: 1-6 64: 105 CWR 11: 64:106, 318 23. SCHEDULE ON CONTINUITY OF LAWS, RIGHTS, 2nd Reading: 64:106 ACTIONS, ETC; Style Corn. Rpt: (SCR 123) 75:122, 277—278 3rd Reading: 76:123 1st Reading: (SCR 68) 49:78, 222-224 Constitution: XIV: 1 Considered by Corn. of Whole: 68:109, 73:120, 74:120, 75:121, 122, 77:127 17. INTERGOVERNMENTAL RELATIONS CWR 25: 77:127, 350-354 2nd Reading: 77:127 1st Reading: (SCR 58) 49:76, 209-210 Style Corn. Rpt: (SCR 135) 78: 133, 286—289 Considered by Corn. of Whole: 62:102, 63:102, 103, 3rd Reading: 78:133—134 64:105, 68:109 Constitution: Federal Constitution Adopted; XIV:14; CWR 15: 68:109, 321 XVI:2, 4-8, 18; Effective Date 2nd Reading: 68:109 Style Corn. Rpt: (SCR 111) 70:114, 268—269 3rd Reading: 72:117 24. ORDINANCES AND CONTINUITY OF LAW Constitution: XIV: 5 1st Reading: (SCR 70) 51:83, 225-226 Considered by Corn. of Whole: 68:109, 73:120, 74:120, 18. DISTRIBUTION OF POWERS 75:121, 122, 77:127 1st Reading: (SCR 62) 49:77, 210-211 CWR 26: 77:127, 354—356 Considered by Corn. of Whole: 62:102, 63:102, 103, 2nd Reading: 77:127 64:105, 68:109, 69:111 Style Corn. Rpt.: (SCR 135) 78:133, 286-289 CWR 20: 69:112, 332, recommend filing 3rd Reading: 78:134 Filed: 69:112 Constitution: XIV: 3, 9-10, 11; XVI:3 DISPOSITION OF COMMITTEE PROPOSALS 409 25. ELECTION 0RDrNANCE 28. RIGHT OF PERSONS TO ORGANIZE 1st Reading: (SCR 79) 53:87, 235-241 1st Reading: (SCR 73) 51:83, 227—228 Minority Report: (SCR 81) 54:89, 241-242 Considered by Corn. of Whole: 68:109, 73:120, 74:120, Considered by Corn. of Whole: 60:96-97, 64:105, 75:121, 122, 77:127 66: 106 CWR 27: 77:128, 357—359 Misc. Cornmunication 107: 60:96 2nd Reailing: 77:128 CWR 12: 66:106, 318—319 Style Corn. Rpt.: (SCR 135) 78:133, 286-289 2nd Reading: 66:107 3rd Reading: 78:138 Style Corn. Rpt.: (SCR 110) 69:112, 268 Constitution: XVI: 10-16 3rd Reading: 71:117 Constitution: XII: 1-2 26. LOCAL GOVERNMENT 29. LEGISLATIVE POWERS AND FUNCTIONS 1st Reading: (SCR 74) 51:83, 228-230 1st Reading: (SCR 92) 60:98, 249-257 Minority Reports: (SCR 84) 55:90, 242-243; (SCR 91) Considered by Corn. of Whole: 64:104, 65:106, 66:107, 60:97, 246-249 67:108, 69:112, 70:114, 71:117, 72:117, 76:124 Considered by Corn. of Whole: 60:97, 61:101, 62:101, Minority Reports: (SCR 99) 64:104, 260; (SCR 102) 71: 116 64:105, 262-263 CWR 21: 71:116, 332—335 CWR24: 76:124—125, 339—350 2nd Reading: 71:116 2nd Reading: 76:125 Style Corn. Rpt.: (5CR 113) 72:118, 269-270 CWR 28, supplementary: 77:128, 359 3rd Reading: 73:119 Style Corn. Rpt.: (SCR 130) 77:130, 280-284 Constitution: VII: 1-5 3rd Reading: 77:131 Constitution: 111:1—20; XVI:1 27. AGRICULTURE AND NATURAL RESOURCES 30. SCHEDULE DESCRIBING REPRESENTATIVE DISTRICTS 1st Reading: (SCR 78) 53:87, 231—235 Considered by Corn. of Whole: 58:94, 59:95, 96, 70:114, 1st Reading: 63:103, 256—257 73: 118 Considered by Corn. of Whole: 64:104, 65:106, 66:107, Cornmented on in Misc. Corn. 11: 66:981 67:108, 69:112, 70:114, 71:117, 72:117, 76:124 CWR 22: 73:118, 335-338 CWR 24: 76:124—125, 339—350 2nd Reading: 73:119 2nd Reading: 76:125 Style Corn. Rpt: (SCR 124) 76:123, 278-279 Style Corn. Rpt.: (SCR 134) 78:133, 284-286 3rd Reading: 77:128-129 3rd Reading: 78:133 Constitution: X:1-5; XIV:6—8; XVI:9 Constitution: XVI: 1, 17 410 CONVENTION PROPOSALS 3. Oriçrin of Sections of the Constitution The following table refers only to changes made in the wording of each section from its first introduction (Column 1 2 3 4 5 6 2) to the third reading. For a completelegislative history Article CP No. Style Am’nd of the sectionssee “Disposition of Committee Proposals,” and and SCR No. CWR No. SCR No. by Cony. page 407. Committee Proposals are printed in Section B Section Section & Page & Page & Page Page as a part of the Standing Committee Reports and Committee of the Whole Reports. Revised Drafts (RD) are attached to the Committee of the Whole Reports. 111:1 29:1 92:250 24:339 130:280 References in Column 1 are to the Article and Section of 2 29:2 92:250 24:339 130:280 the Constitution as adopted; in Column 2 to the Committee 3 29:3 92:250 24:340 130:281 Proposal (CP) number and section; in Columns 3, 4 and 5 4 29:4 92:251 24:341 130:280 to Committee Report (SCR and CWR) numbers and page; 29:5 92:251 24:341 130:280 in Column 6 to Journal page. 6 29:6 92:251 24:341 130:281 For changes in wording and disposition of sections after 7 29:7 92:251 24:342 130:281 third reading, see the final Style Committee Report (SCR 8 29:9 92:252 24:342 130:280 137), pages 290-294. 9 29:10 92:252 24:342 130:281 10 29:11 92:252 24:343 130:281 11 29:12 92:252 24:343 130:280 1 2 3 4 5 6 12 29:13 92:252 24:343 130:280 Article CP No. Style Am ‘nd 13 29:14 92:252 24:344 130:280 and and SCR No. CWR No. SCR No. by Cony. 14 29:15 92:252 24:344 130:281 Section Section & Page & Page & Page Page 15 29:16 92:252 24:344 130:280 16 29:17 92:253 24:344 130:281 17 29:18 92:253 24:344; 130:280 Preamble 20 64:211- 19:332 123:278 28:3 59 214 18 29:19 92:253 24:345 130:281 Federal 19 29:20 92:253 24:345 130:281 Const. 23 68:222 35:350 135:287 20 29:21 92:253 24:345 130:280 1:1 3:1* 20:164 5:300 88:244 2 3:2 20:164 5:300 88:244 IV:1 22:1 67:216 17:322 119:271 3 3:5, 7, 20:164— 5:300— 88:243 2 22:2 67:216 17:323 119:271 18 165 303 3 22:3 67:217 17:323 119:272 4 3:4; 4:6 20:164 5:300 88: 243 98 4 22:4 67:217 17:323 119:271 5 3:8 20:164 5:300 88: 243 5 22:5,6,8, 67:217 17:323— 119:271 6 3:3 20:164 5:300 88:243 9,11 325; 7 4:6 24:166 5:300 88:244 23 :338 8 3:9 20:164 5:301 88: 244 6 22:10 67:218 17:324; 119:273 9 3:12 20:164 5:302 88:244 23 :339 10 4:10 24:167 5:301 88:244 8:308 100:260 V:1 7:1 37:174; 11 3:11 20:164 5:302 88:244 99 98: 259 12 4:10 20:164 5:301 88:243- 8:308 100: 260 2 7:2 37:174 244 8:309— 100:260 3 7:3, 4, 37:174— 13 3:14 20: 164 5:303 88: 244 99 6,7 175 311 14 3:17 20: 165 5:303 88:244 8:309 100:260 4 7:5 37:174 15 3:15 20: 164 5:303 88: 244 5 7:8, 9 37:175 8:311— 100:260 16 3:16 20: 164 5:303 88:244 312 17 3:13 20:164 5:302 88:244 8:312 100:260 6 7:10 37:175 18 3:23 20: 165 5:304 88: 244 19 3:21 20: 165 5:304 88: 244 ‘ILl 10:8 51: 195 18:328 122:275 20 3:25 20: 165 5:304 88: 244 2 10:9 51:195 18:328 122:275 3 10:10 51: 195 18:328 122:275 123 11:1 8:1 39:177 7:306 89:245 4 10:1 51: 192 18:327 122:275 2 8:2 39:177 7:306 89:246 5 10:2 51: 193 18:327 122:275 3 8:3 39:178 7:306 89:246 6 10:6 51: 194 18:328 122:275 4 8.4 39.178 7:306 89:246 7 10:7 51:194 18:328 122:275 5 8:5 39:178 7:307 89:246 8 10:12 5 1: 197 18:330 122:275 VII:1 26:1 74:229; 21:333 113:269 *References to sections in CP 3 are to the original 84:242 draft. However, Revised Draft 1, not the original, was 2 26:2 74:229 21:333 113:269 attached to the Standing Committee Report in the Official 3 26:3 74:229 21:333 113:269 Journal. References in the text of the SCR are to the 4 26:2 74:229 21:333 113:269 original draft. The original is on file in the Public Archives. 5 26:4 74:230 21:333 113:269 ORIGIN OF SECTIONS OF THE CONSTITUTION 411 1 2 3 4 5 6 1 2 3 4 5 6 Article CF No. Style Am ‘nd Article CF No. Style Am ‘nd and and SCRN0. CWRN0. SCR No. byConv. and and SCR No. CWR No. SCR No. by Cony. Section Section & Page & Page & Page Page Section Section & Page & Page & Page Page VIII:1 1:1 16:160 2:296 4.5:181 XIV:10 24RD1:4 -—-- 26:356 135:287 2 1:2 16:160 2:297 45:181 11 24RD1:5 ———- 26:356 135:287 3 1:3 16:160 2:297 45:181 12* 21 65:214 11:318 135:287; 4 1:4 16:161 2:297 45:181 111:268 5 1:5 16:161 2:298 45:181 13 1:6 16:161 2:298 45:182 14 23:14 68:223 25:353 135:287 IX:1 11:1 52:201 10:315 104:264 2 11:2 52:202 10:316 104:264 XV:1 9:1 48:187 9:313 109:266 3 11:3 52:202 10:316 104:264 2 9:2 48:187 9:313— 109:266 4 11:4, 5 52:205 10:316 104:264 314 5 11:4, 5 52:205 10:316 104:264 3 9:3 48:188 9:314 109:267 4 9:4 48:188 9:314 109:267 119 X:1 27(1):1 78:232 22:335 124:278 2 27(1):2 78:232 22:335 124:278 XVI:1 29:3; 30 92:250 24:340 130:281; 3 27(1):3 78:233 22:335 124:278 134:285 4 27(1):4 78:233 22:336 124:278 2 23:2—10 68:222 25:350 135:287 134 5 27(1):5 78:233 22:336 124:278 3 24:4 70:225 26:354 135:287 4 23RD1:4 ———— 25:352 135:287 XI:1 6:1 33:169 3:299 76:230 5 23:11 68:223 25:351 135:287 2 6:2 33:169 3:299 76:230 6 23RD1:5 -—-— 25:352 135:287 7 23RD1:7 ———- 25:352 135:287 XII:1 28:1 79:235 12:318 110:268 8 23RD1:6 ———— 25:352 135:287 2 28:1 79:235 12:318 110:268 9 27(2):4 78:234 22:337 124:279 , 10 25:1 73:227 27:357 135:287 XI1I:1 15 56:208 11:317 111:268 11 25:2-3 73:227 27:357 135:288 2 12 53:206 13:319 123:277 12 25:4 73:227 27:357 135:288 3 13 54:207 11:317 111:268 13 25RD1:7 —-—— 27:358 135:288 14 25:5 73:227 27:358 . 135~288 XIV:1 16 57:209 11:318 123:278 15 25RD1:8 ——-— 27:358 135:288 2 1ORD1:9 ———— 18:330 122:276 16 25RD1:6 —-—— 27:358 135:288 3 24:1 70:225 26:354 135:287 17 3ORD1:2 ———— 24:343 134:285 4 19 63:211 16:322 111:269 18 23RD1:8 -——- 25:352 135:287 5 17 58:209 15:321 111:269 6 27(2):1 78:234 22:336 125:279 Effective 23:15 68:223 25:353 135:287 7 27(2):2 78:234 22:337 125:279 Date 8 27(2):3 78:234 22:337 125:279 9 24RD1:3 ---- 26:356 135:287 *For introduction of first sentence, see Journal, page 131. Section D. APPENDICES 1. Act 334 of 1949 ACT 334 OF 1949 Third representative district, three delegates at large SESSION LAWS OF HAWAII and in addition thereto one delegate each from precincts combined as follows: Precincts 1, 2, 3, 4, and 5; precincts 6, 7, 8, 10, and 11; precincts 9, 12, 13, and 28; precincts An Act to Provide for a Constitutional Conven 14, 15, 16, and 17; precincts 18, 19, 20, 21, 22, 23, 24, 25, tion, the Adoption of a State Constitution, and the 26, and 27; precincts 29, 30, 31, 32, 33 and 34; Forwarding of the Same to the Congress of the United Fourth representative district, which for all purposes States, and Appropriating Money Ther efor. of this section shall exclude precincts 28 and 38 thereof, six delegates at large and in addition thereto two delegates Be it Enacted by the Legislature of the Territory of Hawaii: each from precincts combined as follows: Precincts 25, 26, Section 1. In order that Hawaii may be admitted in the 27, 23, 22, 21, 20, and 19; precincts 24, 16, 15, 32, 17, 18, Union on an equal footing with the original states, a conven and 11; precincts 6, 36, 14, 13, 12, and 7; precincts 35, 5, tion for the purpose of forming a constitution and state go 34, 31, and 8; precincts 4, 30, 33, 3, 9, and 10; precincts vernment and otherwise preparing for such admission as a 1, 2, 29, and 37; state shall be held, and the acts of said convention shall be Fifth representative district, which for all purposes of submitted for ratification by the people, as provided in this this section shall include precincts 28 and 38 of the fourth Act. district, six delegates at large and in addition thereto two For the purposes of this Act and the carrying out of its delegates each from precincts combined as follows: Pre provisions: cincts 28 and 38, fourth district, a~id precincts 1, 2, 3, and 4, fifth district; precincts 5, 7, 30, and 31, fifth district; (a) The limits of the proposed state shall be taken to precincts 6, 29, 8, 9, 10 and 32, fifth district; precincts be the area now constituting this Territory, as at present 11, 26, 14, 15, 16, 12, 13, and 33; precincts 18, 19, 20, 21, described. and 27, fifth district; precincts 17, 28, 22, 23, 24, and 25, (b) The laws of the proposed state at the time of its fifth district; admission into the Union shall be deemed to comprise Sixth representative district, two delegates at large and all laws then in force in the Territory of Hawaii, except in addition thereto one delegate each from precincts com as modified or changed by the constitution of the state bined as follows: Precincts 1, 2, 3, 4; precincts 5 and 6; or by ordinance of the constitutional convention duly precincts 8, 9, 10, and 11; and one delegate from precinct 7. ratified by the people, or by any Act of the Congress of the United States providing for the admission of said The precincts her em mentioned are as they existed on state. November 2, 1948. The Governor shall, not earlier than thirty,nor later Section 2. All citizens of the United States who have the than one hundred and eighty days alter the effective date of qualifications for voters for representatives to the Territo this Act, issue a proclamation ordering a primary election rial Legislature are hereby authorized to vote for and for the nomination of candidates for the offices of the dele choose delegates to the convention. Such delegates shall gates aforesaid on a day designated by him in said procla possess the qualifications of such electors. mation, not earlier than sixty nor later than ninety days alter The convention shall consist of sixty-three delegates the date of such proclamation; and a final election not earlier apportioned among the representative districts within the than thirty, nor later than forty, days alter such primary limits of the proposed state on the following basis: election. First representative district, two delegates at large and The name of no candidate shall be printed upon any off i in addition thereto one delegate each from precincts com cial ballot to be used at such primary election unless at bined as follows: Precincts 1, 2, 3, 4, 5, 6, 7, and 36; pre least twenty days prior to such primary a nomination paper cincts 8, 9, 10, 11, and 35; precincts 12, 13, 14, and 33; shall have been filed in the office of the Secretary of Hawaii precincts 15, 16, 30, 17, and 34; precincts 12, 13, 14, and in his behalf, nominating him as a candidate for delegate at 33; precincts 15, 16, 30, 17, and 34; precincts 18, 19, 20, large from the representative district concerned, or as a 21, 31, and 22; precincts 23, 32, 24, 25, 26, 27, 28, and 29; candidate for delegate from a precinct or combination of Second representative district, two delegates at large precincts in a representative district or districts, as may and in addition thereto one delegate each from precincts be the case, and signed by not less than twenty-five qualified combined as follows: Precincts 1, 2, 3, 4, 5, 6, 7, 8, and 16; electors of the representative district or precinct or combi precincts 9, 10, 11, 12, 13, 14, and 15; nation of precincts concerned, and the sum of $25 shall have 413 414 APPENDICES been paid to the Secretary of Hawaii, which fee shall be a Section 3. The delegates to the convention thus elected realization of the general fund. shall meet at Honolulu on the second Tuesday after their Each person shall be a qualified elector of the represen election, excluding the day of election in case such day shall tative district or precinct or combination of precincts in be Tuesday, and shall proceed with the organization of the which he is a candidate for delegate. The holding of the convention. The Secretary of Hawaii, or during his tempo office of delegate or any other office of the convention shall rary absence or illness the Acting Secretary, shall call the not constitute a disqualification for selection for or the convention to order and shall preside until the election of a holding of any other office, and the holding of any other office temporary chairman. After organization, the said conventior shall not constitute a disqualification for election to or the shall declare on behalf of the people of said proposed state holding of office as a delegate or any other office of the that they adopt the Constitution of the United States, where convention, except as otherwise provided by sections 16 and upon the said convention shall proceed to form a constitution 17 of the Hawaiian Organic Act, unless members of the and state government for the proposed state, and to take all legislature shall become eligible for election as delegates measures necessary or proper in preparation for the admis under appropriate legislation by the Congress of the United sion of said state. States of America. No such nomination paper shall contain any reference to Section 4. When said constitution shall be formed as or designation of any political party, and the ballots used aforesaid, the convention forming the same shall notify the at such election shall be nonpartisan and shall not contain Governor that it has completed its deliberations. Upon any reference to or designation of the political party or receipt of such notification, and if the same is received at affiliation of any candidate. The names of the candidates in a time when the Legislature is not in session, the Governor each representative district and of the candidates in each may, upon petition by a majority of each House of the Legis precinct or combination of precincts of the representative lature, convene the Legislature in special session to considei districts shall be on separate ballots. the results of the convention, and the per sons designated by The ballots submitted to the voters of each representative the convention for such purpose shall report such results district, precinct, or combination of precincts shall separate to the Legislature at such special session. In the event such ly set forth the names of candidates for delegate at large notification is received during any session of the Legisla from such representative district or for delegate from such ture, or, although not so received, the Governor fails to precinct or combination of precincts, and shall instruct the convene the Legislature in special session, such report voters that the number of candidates to be voted for by such shall be made to the Legislature then in session or at the voter shall not exceed the number of delegates to which the next session thereof following such notification, as the case representative district, precinct, or combination of precincts may be. is entitled, or the number of such delegates remaining to be The Legislature at such session shall consider the con elected, as the case may be, which number shall be stated. stitution framed by the convention, together with the ordinanc At such primary election any candidate in a precinct or com of said convention requiring ratification, and shall provide bination of precincts who received a majority of the votes for the submission of the same to the people of the Territory of the voters voting therein shall be declared elected, and any together with any alternative or additional provisions or candidate for delegate at large in a representative district, ordinances suggested by the Legislature. who receives such a majority of votes, not exceeding the if the Legislature at such session shall fail to provide number of delegates at large to be elected from such repre for the submission of the constitution and ordinances adopted sentative district, shall likewise be declared elected. The by the convention to the people of the Territory, the same names of the remaining candidates receiving the highest shall nevertheless be submitted to the people of the Terri number of votes, not exceeding double the number of dele tory for ratification at an election which shall be held on a gates to be elected from each representative district or pre day named by the Governor not earlier than thirty nor later cinct or combination of precincts above the number already than sixty days after the adjournment of the session of the declared elected as aforesaid, if any, shall be placed on the Legislature to which the convention reports, at which elec ballot for the final election. tion the qualified voters of the Territory shall vote directly Only those nominated at such primary election shall be for or agains said constitution, for or against any provisions eligible to run for delegate at such final election. The ballots thereof separately submitted, and for or against said ordi for such final election shall be in substantially the same nances. Persons possessing the qualifications entitling form as those for the primary election, and the requirements them to vote for delegates under this Act shall be entitled of this Act as to such primary election shall, as far as to vote on the ratification or rejection of said constitution, appropriate, apply to such final election. In case of a tie the provisions thereof separately submitted, and said ordi vote at either the primary or final election, the candidates nances, under such rules or regulations as said convention so tied shall draw lots under the supervision of the county may have prescribed, not in conflict with this joint resolution clerk to determine which of them shall be nominated or The returns of said election shall be made by the eleétion elected as the case may be. officers direct to the Secretary of Hawaii who, with the In case any office of delegate has not been filled or shall clerks of the several counties, shall constitute a canvassing become vacant for any reason the Governor shall appoint board and they, or any three of them, shall meet in Honolulu, an elector of the same representative district, precinct, or on the third Monday after said election, and shall canvass the combination of precincts, to fill such vacancy. same. Except as otherwise specifically provided by this Act, The said canvassing board shall forthwith certify the re the primary and final elections for such delegates shall be sult of said election to the Governor, together with a state conducted, the returns made, the results ascertained, and ment of the votes cast upon the question of ratification or the certificates of persons elected to such convention issued rejection of said constitution, also a statement of the votes in the same manner as is prescribed by the laws of this cast for or against such provisions thereof as were separate~ Territory regulating elections therein of members of the ly submitted to the voters at said election, and for or against Legislature. The convention shall be the judge of the elec said ordinances, If a majority of the legal votes cast at said tions, returns, and qualifications of the delegates. election shall reject the constitutio; the Governor shall, ACT 334 OF 1949 415 by proclamation,order the constitutional convention to Constitution of the United States and the principles of the reassemble at a date not later than twenty days alter the Declaration of Independence as the convention shall deter receipt by the Governor of the documents showing the rejec mine. tion of the constitution by the people, and thereafter a new Section 7. It shall be the duty of the constitutional conven constitution shall be framed and the same proceedings shall tion to provide that in case of enactment by the Congress of be taken in regard thereto in like manner as if said consti the United States of legislation providing for the admission tution were being originally prepared for submission and of Hawaii as a state, an election, or primary and general submitted to the people. elections, as may be required, shall be held for the election Section 5. The Legislature of the Territory of Hawaii of officers for all elective offices provided for by the consti hereby respectfully memorializes the Congress of th~ United tution and laws of the state, except those offices for which States and the President to approve the Acts of said conven the constitutional convention by ordinance duly ratified by tion and of the Legislature on connection with said constitu the people shall make other temporary provisions, together tion when duly ratified by the people, and to approve the with two Senators and such Representatives in the Congress constitution and state government so formed, and to admit as the Congress may provide. Hawaii into the Union on an equal footing with the original Section 8. There is hereby appropriated from the general states; and to that end, when said constitution shall have fund of the Territory the sum of $250,000 for defraying the been duly ratified by the people of this Territory, as afore expenses of the elections provided for in this Act, the ex said, a certified copy of the same, together with such pro penses of the convention, the payment of compensation to visions thereof as have been separately submitted and duly the delegates to said convention, and other purposes of this ratified, and such ordinances of the convention as have been Act. The delegates shall receive for their services, in duly ratified, shall be transmitted by the Governor to the addition to mileage at the rate of 20 cents a mile each way, President of the United States and to the Delegate to Con the sum of $1,000 each, payable in four equal installments gress from Hawaii, together with a statement of the votes on and after the first, twentieth, fortieth, and sixtieth days cast upon said constitution, and upon any provisions thereof of the conventions, excluding Sundays and holidays. The separately submitted, and upon said ordinances, and copies disbursements of the money so appropriated shall be made thereof likewise shall be transmitted to the President of the by the Secretary of Hawaii. Senate of the United States, the Speaker of the House of Re pr esentatives of the United States, the Chair man of the Section 9. Whenever the Congress of the United States Committee on Interior and Insular Affairs of the Senate, shall enact legislation providing for the admission of Hawaii and the Chair man of the Committee on Public Lands of the as a state, the provisions of any such Act, if and to the ex House of Representatives. tent inconsistent with the provisions of this Act, shall supersede the provisions of this Act, in so far as the provi Section 6. It shall be the duty of the constitutional conven sions of this Act shall not have been fully carried out, but tion to form and submit a constitution republican in form, such provisions of this Act as are not inconsistent with such and containing the provisions commonly to be found in the Congressional Legislation and will aid in preparing for the cases of Territories heretofore admitted as states, or ex admission of Hawaii as a state, including section 8, never pressly required by any Act of the Congress of the United theless shall be carried out. States providing for the admission of Hawaii as a state, together with such other provisions not repugnant to the Section 10. This Act shall take effect upon its approval. 2. Rules of the Convention CONSTITUTIONAL CONVENTION OF HAWAII Adopted April 10, 1950 Officers shall call the Convention to order, and, except in the absence of a quorum, shall proceed to business in the manner pres RULE 1. The officers of the Convention shall be a Pres cribed by these rules. ident, four Vice-Presidents (one from each Senatorial Dis trict) and a Secretary who shall be elected from the delegates RULE 4. The President shall possess the powers and per by the vote of at least thirty-two delegates and such election form the duties herein prescribed, viz: shall be by ballot. (a) He shall preserve order and decorum, and, in debate, shall prevent personal reflections, and confine members Employees to the question under discussion. When two or more RULE 2. A Chief Clerk, Assistant Clerk, Chaplain and members arise at the same time, he shall name the one two Sergeants-at-arms shall be elected by the vote of at entitled to the floor. least thirty-two delegates and such election shall be by (b) He shall decide all questions of order, subject to ballot. appeal to the Convention. On every appeal he shall have All other employees shall be appointed by the President, the right, in his place, to assign his reason for his subject to the approval of the Convention. decision. In case of such appeal no member shall speak more than once. (c) He shall appoint all committees, except where the The President and Vice-President Convention shall otherwise order. RULE 3. The President shall take the chair each day at (d) He may substitute any member to perform the the hour to which the Convention shall have adjourned. He duties of the chair while he is present, but for no longer 416 APPENDICES period than that day, except by special consent of the RULE 11. When necessary or required, the Secretary Convention. shall, with the President, certify all official acts and all (e) When the Convention shall be ready to go into Com vouchers for payment of expenditures of the Convention, and mittee of the Whole, he shall name a chairman to preside he shall perform such other duties as are required of him therein. by these rules and as from time to time shall be required (f) When necessary or required, he shall, with the of him by the Convention. Secretary, certify all official acts and all vouchers for payment of expenditures of the Convention. RULE 12. One copy of the final draft of any proposal or (g) He shall designate and assign to seats or author committee report presented to or prepared by the Conven ize the designation and seating of the per sons who shall tion, shall be delivered by the Secretary to the Archives of act as reporters for the public press and radio within Hawaii. the Convention Hall. (h) He shall be a member ex-officio without vote of RULE 13. Other than certification of official acts, docu the several committees to which he is not specifically ments and vouchers by the Secretary, he may delegate his appointed. duties to the Chief Clerk. (i) He shall declare the vote and announce the result according to the fact on all questions and divisions. Quorum and Majority (j) He shall not engage in any debate, or propose his opinion on any question, except the assigning of his RULE 14. The presence of at least thirty-two delegates reasons for his decision on appeal therefrom, without shall be necessary to constitute a quorum of the Convention first calling some delegate to occupy the chair. but a lesser number may meet and adjourn the Convention from day to day when necessary and may require the RULE 5. In the event of a vacancy in the office of Pres attendance of absent members. ident, by death, resignation or otherwise, the Convention shall, by the vote of at least thirty—two delegates, elect a RULE 15. A quorum being present, a majority of dele President to fill such vacancy. gates shall be sufficient for the adoption of any motion or In case of the temporary absence of the President, his resolution or the taking of any action except where the duties shall devolve from day to day upon the Vice-President affirmative vote of a greater number shall be required by present in rotation in numerical order of the respective these rules. Senatorial Districts. RULE 6. In the event of a vacancy in the office of a Vice- Standing Committees President by death, resignation or otherwise, the Convention RULE 16. The Standing Committees of the Convention shall, by the vote of at least thirty-two delegates, elect a new shall be appointed by the President unless the Convention Vice-President. shall otherwise order. In the case of the temporary absence of all Vice-Presi The person first named shall be the chairman, and the dents, or in the event of the temporary inability on the part person next named shall be the Vice-Chairman, of the of all Vice-Presidents to discharge the duties of their offices, Committee. the Convention shall have the power to designate and appoint some other delegate to discharge the duties of the office RULE 17. The Standing Committees of the Convention an~ during such temporary absence, or temporary inability. the number of members thereof, respectively, shall be as follows: General Standing Committees Secretary 1. Committee on Bill of Rights, fifteen members. RULE 7. The Secretary shall keep a journal of the pro 2. Committee on Legislative Powers and Functions, ceedings of the Convention and, under the direction of the fifteen members. President, shall prepare and place on the desk of the Presi 3. Committee on Executive Powers and Functions, dent each day a calendar of the business of the Convention, fifteen members. as provided by these rules. 4, Committee on Judiciary, fifteen members, RULE 8. The Secretary shall prepare for printing all 5. Committee on Taxation and Finance, fifteen members. proposals and other documents which are required to be 6. Committee on Local Government, fifteen members. printed under these rules under the direction of the Com 7. Committee on Education, fifteen members. mittee on Printing and shall see to it that they are properly 8. Committee on Health and Public Welfare, eleven members. and correctly printed. 9. Committee on Industry and Labor, eleven members. RULE 9. The Secretary shall number consecutively each 10. Committee on Agriculture, Conservation and Land, proposal of subject matter to be incorporated into the Consti eleven members. tution when introduced. When a proposal is introduced by 11. Committee on the Hawaiian Homes Commission Act, a Committee, the Secretary shall number such proposal con eleven members. secutively in a separate series. 12. Committee on Suffrage and Elections, seven members. 13. Committee on Revision, Amendments, Initiative, Re RULE 10. The Secretary shall preserve all proposals, ferendum and Recall, eleven members. reports of Committees and all other records, books, docu 14. Committee on Ordinances and Continuity of Law, ments and papers of the Convention and alter the adjourn seven members. ment of the Convention shall deliver them to the Archives 15. Committee on Miscellaneous Matters, nine members. of Hawaii under the jurisdiction of the Board of Commis 16. Committee on Style, fifteen members. sioners of Public Archives or shall make such other dis 17. Committee on Submission and Information, fifteen posal of them as the Convention shall direct. members. RULES OF THE CONVENTION 417 Administrative Standing Committees of the Whole shall be noted and reported. 1. Committee on Rules and Order of Business, nine RULE 24. The rules of the Convention shall be observed members. in the Committee of the Whole so far as they are applicable. 2. Committee on Accounts, seven members. RULE 25. Thirty-two delegates shall be a quorum for the 3. Committee on Printing, seven members. Committee of the Whole to do business. RULE 18. Functions of Standing Committees: RULE 26. A motion for the rising of the Committee of (a) It shall be the duty of the Standing Committees to the Whole shall always be in order unless a member of the consider all matters which may be referred to them. Committee is speaking or a vote is being taken, and shall Each Standing Committee shall submit to the Conven be decided without debate. tion a report or reports, in writing, setting forth the results of its deliberations and its recommendations on Order of Business, Motions, Decorum and Debate all matters referred to it, in the same number and form RULE 27. At meetings of the Convention the order of as prescribed in these rules for proposals. business shall be as follows (except at times set apart for (b) The Committee on Style shall examine and correct the consideration of special orders): the proposals which are referred to it for the purpose of avoiding inaccuracies, repetitions and inconsistencies and 1. Calling Convention to order. shall arrange the same in the proper order in the Consti 2. Prayer. tution and shall report thereon to the Convention. 3. Roll Call. The Committee shall have the authority to rephrase 4. Reading of journal. but shall have no authority to change the sense or purpose 5. Presentation of petitions, memorials and communi of any proposal referred to it. cations. Where a proposal referred to the Committee appears 6. Reports of standing committees. inconsistent or in conflict with a proposal already acted 7. Reports of select committees. on favorably by the Convention at second reading, the 8. Introduction and first reading of proposals. Committee shall so notify the Convention and wait upon 9. Reference of proposals. its instructions. 10. Motions and resolutions. (c) The Committee on Submission and Information 11. Unfinished business. shall consider and report to the Convention the method 12. Special orders of the day. and manner of submitting the Constitution and Ordinances 13. General Orders of the day. to the people; shall prepare and present to the Convention RULE 28. Consideration of the general orders of the for its approval an address to the people outlining the day shall be in the following order: results of the Convention’s work, and shall make such other reports as may be required by law and by the 1. Consideration by Committee of the Whole. instructions of the Convention. 2. Reports of the Committee of the Whole. (d) The Committee on Rules and Order of Business 3. Committee reports and proposals reported from shall consider and report upon such changes in the rules Committees. of the Convention and changes in its organization as shall 4. Second Reading. be referred to it by the Convention from time to time. 5. Action on reports of the Committee on Style, as to (e) The Committee on Accounts shall be in charge of arrangement and phraseology only. the business affairs of the Convention. 6. Third Reading and agreement. (f) The Committee on Printing shall supervise all If the matter is not considered in its order, it shall lose printing for the Convention. its precedence for the day, but shall appear on the calendar (g) No public hearing shall be had by any Standing on the following day in its regular order. Any matter may Committee except after reasonable notice given to the be made a special order of business for any particular day Secretary, in writing, who shall give public notice thereof or time by a majority vote of the delegates present. RULE 19. All resolutions for the printing of an extra RULE 29. Any subject matter having been made the number of documents shall be referred, as of course, to the special order for a particular day, and not having been Committee on Printing for its report thereon before final reached on that day, shall be upon the order of “Unfinished action by the Convention. Business” on the next succeeding Convention day. RULE 20. All resolutions authorizing or contemplating RULE 30. Upon calls of the Convention, the names of the expenditure of money shall be referred, as of course, to the delegates shall be called alphabetically. the Committee on Accounts for its report thereon before In case of the absence of delegates, the delegates present final action by the Convention. shall take such measures as they shall deem necessary to RULE 21. No Committee shall sit during the sessions secure the presence of absentees. of the Convention without special leave. RULE 31. Alter a question has been stated by the Presi dent, and the calling of the roll has begun, the President Committee of the Whole shall not recognize a delegate for any purpose whatever until RULE 22. The Convention may upon motion resolve it the call is completed; but nothing in this rule shall abridge self into a Committee of the Whole for the consideration of the right of any delegate to change or record his vote on any matter. In forming the Committee of the Whole, the any question previous to the announcement of the result. President of the Convention shall appoint a chairman to RULE 32. The vote upon any question shall be taken by preside. the ayes and noes and entered on the journal, on motion RULE 23. All amendments made to proposals, reports, made and seconded before the question is put and upon the resolutions and other matters submitted to the Committee request of at least ten delegates. 418 APPENDICES When a delegate, being present, refuses to vote, either which the vote proposed to be reconsidered was taken, and in the affirmative or the negative, upon a question on which by a delegate who voted in the majority and the same majo the ayes and noes are required, he shall be recorded as rity shall be required to adopt a motion to reconsider as voting in the affirmative. was required to take the action to be reconsidered. When a motion for reconsideration is decided, that decision shall not RULE 33. The rules of Parliamentary Practice comprised in Cushing’s Manual of Parliamentary Practice shall govern be reconsidered, and no question shall be twice reconsidered; nor shall any vote be reconsidered upon either of the follow in all cases in which they are not inconsistent with the stand ing rules and orders of the Convention. ing motions: To adjourn. RULE 34. ~ny rule of the Convention may be suspended To lay on the table. or repealed or amended by a vote of at least thirty-two dele To take from the table; or gates and any repeal or amendment offered shall lie on the For the previous question. table one day before being voted upon. RULE 40. Any delegate may call for the division of a RULE 35. When a motion is made it shall be stated by question which is in its nature divisible. A motion to strike the President, or being in writing, it shall be read aloud out and insert shall be deemed indivisible; but a motion to before being debated. strike out being lost, shall neither preclude amendment nor RULE 36. A motion may be withdrawn at any time before a motion to strike out and insert. decision or amendment. RULE 41. No delegate shall speak more than twice on RULE 37. When a question is under consideration by the one question, or longer than fifteen minutes the first, or Convention only the following motions shall be received; longer than five minutes the second time, or more tfian once which motions shall have precedence in the order stated, until other delegates who have not spoken shall speak if they viz: so desire, without first obtaining leave of the Convention; and the mover of the proposition shall have the right to Motions to, or for: close the debate, provided that the person in charge of a 1. Adjourn. ) Not amendable or proposal or third reading and final agreement shall have 2. Recess. ) debatable except as the right, if he desires, to close the debate and he may 3. Call of the Convention. ) hereinafter provided. announce such desire at any time before the taking of the 4. Lay on the table. vote on the question. 5. Previous question. 6. Postpone indefinitely. Not amendable, but debatable. RULE 42. No delegate rising to speak shall proceed 7. Postpone to a certain time. Debatable and amendable. until he shall have addressed the President and been recog 8. Go into Committee of the Whole. Debatable and nized by him as entitled to the floor. amendable. RULE 43. While the President is putting a question or a 9. Commit (or recommit) to Committee of the Whole. count is being had no delegate shall speak or leave his place, Debatable and amendable. and while a member is speaking no delegate shall engage 10. Commit (or recommit) to a Standing Committee. in any private discourse or pass between him and the chair. Debatable and amendable. RULE 44. When a motion to adjourn, or for recess, shall 11. Commit (or recommit) to a Select Committee. De be carried, no delegate or officer shall leave his place until batable and amendable. the adjournment or recess shall be declared by the Presi 12. Close debate at a specified time. Not debatable but dent. amendable. 13. Amend. Debatable and amendable. RULE 45. Any delegate may at any time rise and speak to a question of personal privilege. (Numbers 7 to 12, both inclusive, preclude debate on main question). Proposals, Submission and Information The motion to adjourn, to take a recess, and to adjourn RULE 46. Each proposal shall receive three separate for a longer period than one day, shall always be in order, readings in the Convention previous to being agreed upon, and the last motion shall be amendable and debatable. but no proposal shall be read twice on the same day or be Calls for information, for reading a paper, for division considered on third reading until after at least forty—eight of a divisible question, for division of the house, for the hours notice of the day upon which it is to be so considered ayes and noes, and a motion for reconsideration shall always has been given by announcement made in open session. be in order, but shall not be amendable or debatable. All proposals may be read by their titles but on third An appeal from the decision of the chair may be taken reading all proposals shall be read throughout. No amend at any stage of the proceedings. ment shall be received to any proposal on its third reading RULE 38. The previous question shall be put in this unless by unanimous consent of the delegates present. form, “Shall the main question be now put?” It shall be All proposals shall, after the first reading, be printed admitted when demanded by a majority of the delegates for the use of the members. Printed copies of proposals present, and its effect shall be, if decided affirmately, to shall be used on their second and third readings. end debate and bring the Convention to a vote upon pending RULE 47. The regular order to be taken by proposals amendments, if any, to the main question, and then upon shall be as follows: the main question. All incidental questions of order arisiiig (a) Introduction, first reading, and printing of 300 after a motion is made for the previous question, and pending copies of each proposal. such motion, shall be decided, whether on appeal or other - (b) Reference to a General Standing Committee by the wise, without debate. President. RULE 39. A motion to reconsider any vote must be made (c) Report by Committee and printing of 500 copies before the end of the second Convention day after the day on thereof. RULES OF THE CONVENTION 419 Four Convention days after the printing of said report shall be delivered to the chairman of the Committee to which it shall be placed on the general orders. the proposal has been referred. (d) Second Reading: Consideration by the Convention Each successive reprint of a proposal differing from the and action on amendments offered by delegates. previous print or reprint of the same proposal, which is (e) Reference to the Committee on Style for report presented to the Convention for consideration, shall bear a within five Convention days. consecutive redraft number on the top of the first or title (f) Report of the Committee on Style and printing of page thereof, as follows: 500 copies, if necessary. “Redraft No. 1,” or “RD. 1” (g) Action on report of Committee on Style; considera “Redraft No. 2,” or “RD. 2,” etc. tion and action on amendments as to phraseology only; action on the report as amended and printing of 500 RULE 56. The Convention may set a date after which copies, if necessary. no proposal shall be introduced, except by a Committee. (h) Third Reading and agreement. (i) Reference to the Committee on Style for arrange RULE 57. Each General Standing Committee may ori ginate and report without specific reference, any Committee ment of sections and article or articles and for form. (j) Report of Committee on Style as to arrangement proposal, the subject matter of which properly falls within of sections and article or articles and printing of 500 the consideration of such Committee under these rules. copies, if necessary. RULE 58. Each Committee Report recommending any RULE 48. Any subject matter to be incorporated in the matter for incorporation in the Constitution shall be accom Constitution shall be by proposal. A proposal shall be intro panied by a Committee proposal containing a complete arti duced by one or more delegates or by a Committee. cle or other appropriate subdivision or group of articles or RULE 49. Each proposal shall be typewritten on white subdivisions of the Constitution. Such Committee proposal paper which is 81/2” wide and 13” long with one original need not be referred to the Committee introducing the same. copy and seven carbon copies thereof, and shall be dated A report shall be made as to each proposal referred to the and signed by the introducer or by the Chairman of the Committee and shall state whether it (1) has been adopted Committee introducing it. in whole or in part in a Committee proposal, or (2) has been disapproved, or (3) has been disposed of in such man RULE 50. The caption of each proposal shall be ner as may he indicated. Constitutional Convention of Hawaii RULE 59. Each amendment offered to a proposal shall of 1950 be in writing and delivered to the Secretary and shall be PROPOSAL entered on the journal. A copy of such amendment shall be delivered by the Secretary to the Committee on Printing. Introduced by The original shall be retained by the Secretary. One copy (Name of delegate or shall be delivered to the Chairman of the Committee to Chair man of Committee) which the proposal concerned has ben referred. RULE 51. Each proposal shall contain a short title RULE 60. Any proposal which has passed its second stating concisely the general nature of its subject matter. reading shall be referred to the Committee on Style for RULE 52. Each proposal shall be in the form of a resolu consideration as provided by these rules and when reported tion as follows: by said Committee shall be subject to consideration and amendment as to arrangement and phraseology only, and, if “RESOLVED, that the following be agreed upon as any such amendment be adopted, shall be again referred to part of the State Constitution.” the Committee on Style for similar consideration and report thereof, and if said Committee’s report shall be adopted, it RULE 53. Each proposal shall be delivered to the Secre shall be ordered to be printed and to third reading. tary for introduction. The Secretary shall number and list all proposals as presented. At each session of the Conven RULE 61. Proposals which have passed two readings tion the Secretary shall read the number and title of each shall be prepared by the Secretary in proper form for print proposal so delivered to him for introduction, which shall ing for third reading and when the Secretary receives from be taken as the first reading of the proposal and as the order the Committee on Printing any proposal ordered to a third ing thereof to a second reading, and the President shall reading and the same shall be found correct, he shall affix thereupon refer it to a General Standing Committee. his signature to each page of the copy to be used as the official copy. RULE 54. The President shall refer each proposal introduced to the appropriate Committee. Where a proposal RULE 62. On the question of the agreement upon any embraces subject matter which falls within the proper con proposal on third reading, the vote shall be taken by ayes sideration of several Committees, the President, where and noes and entered on the journal, and no proposal shall practicable, shall divide the proposal and refer the parts to be declared adopted unless at least thirty-two delegates to the appropriate Committees; but if it is not subject to such the Convention shall have voted in favor of the adoption of division, the President shall refer it to an appropriate Com the same. mittee with instructions to consult with other Committees RULE 63. The Constitution and Ordinances as agreed on related matters. upon by the Convention shall be referred to the Committee on Any proposal which does not comply with the provisions on Submission and Information. Such Committee shall con of these rules as to form shall be referred to the appropriate sider and report to the Convention recommending the method Committee as a petition. and manner of submitting them to the people in accordance RULE 55. A copy of each proposal introduced shall be with law, and shall give such notices and make such reports delivered by the Secretary to the Committee on Printing. as may be required by law and the instructions of the Con The original shall be retained by the Secretary and one copy vention. 420 APPENDICES RULE 64. The manner of submission to the people of RULE 65. When the Convention shall have agreed upon the Constitution and Ordinances shall be agreed upon by the final form of the Constitution and the manner of sub resolution of the Convention by the affirmative vote of at mission to the people according to law, the original thereof least thirty-two delegates but after the Constitution has been shall be prepared and signed by the President and Secretary framed and before final agreement thereon, the Convention and by the concurring delegates desiring to do so. Photo- shall refer the same to the Committee on Style for arrange static copies thereof (white prints) shall be prepared and then ment in prdper order and form and report thereon, and, be certified by the President and Secretary of the Conven upon the coming in of said report, the Convention shall by tion and delivered to the Governor, each delegate, each the affirmative vote of at least thirty-two delegates agree House of the Legislature and to any other officers designated upon the final form of the Constitution and the manner of by law or the instructions of the Convention. submission thereof. 3. State Constitution Showing changes made by Admission Act in 1959 and including an Index THE CONSTITUTION OF without due process of law, nor be provide for a verdict by not less THE STATE OF HAWAII denied the equal protection of the than three-fourths of the members laws, nor be denied the enjoyment of the jury. PREAMBLE of his civil rights or be discrimi We, the people of the State of nated against in the exercise there Rights of Accused Hawaii, grateful for Divine Guid of because of race, religion, sex or Section 11. In all criminal prose ance, and mindful of our Hawaiian ancestry. cutions, the accused shall enjoy heritage, reaffirm our belief in a the right to a speedy and public government of the people, by the Searches and Seizures trial, by an impartial jury of the people and for the people, and with Section 5. The right of the people district wherein the crime shall an understanding heart toward all to be secure in their persons, have been committed, which dis the peoples of the the earth, do houses, papers and &fects, against trict shall have been previously hereby ordain and establish this unreasonable searches and seizures, ascertained by law, or of such other constitution for the State of Ha shall not be violated; and no war district to which the prosecution waii. rants shall issue, but upon prob may be removed with the consent able cause, supported by oath or of the accused; to be informed of FEDERAL CONSTITUTION affirmation, and particularly des the nature and cause of the accusa ADOPTED tion; to be confronted with the wit cribing the place to be searched nesses against him; to have com The Constitution of the United and the persons or things to be pulsory process for obtaining wit States is adopted on behalf of the seized. nesses in his favor; and to have people of the State of Hawaii. Rights of Citizens the assistance of counsel for his Section 6. No citizen shall be dis defense. ARTICLE I franchised, or deprived of any of Jury Service BILL OF RIGHTS the rights or privileges secured to other citizens, unless by the law Section 12. No person shall be Political Power disqualified to serve as a juror be of the land. cause of sex. Section 1. All political power of this State is inherent in the people; Enlistment, Segregation Habeas Corpus and Suspension and the responsibility for the ex Section 7. No citizen shall be de of Laws ercise thereof rests with the people. nied enlistment in any military or All government is founded on this ganization of this State nor be seg Section 13. The privflege of the authority. regated therein because of race, writ of habeas corpus shall not be religious principles or ancestry. suspended, unless when in cases of Rights of Man rebellion or invasion the publlc Indictment, Trial by Jury, safety may require it. Section 2. All persons are free by The power of suspending the nature and are equal in their in Criminal Cases Section S. No person shall be privilege of the writ of habeas cor herent and inalienable rights. pus, and the laws or the execution Among these rights are the enjoy held to answer for a capital or thereof, shall never be exercised ment of life, liberty and the pur otherwise infamous crime, unless except by the legislature, or by suit of happiness, and the acquir on a presentment or indictment of authority derived from it to be ing and possessing of property. a grand jury, except in cases arms- tag in the armed forces when in ac exercised in such particular cases These rights cannot endure unless only as the legislature shall ex the people recognize their corres tual service in time of war or pub lic danger; nor shall any person be pressly prescribe. ponding obligations and responsi subject for the same offense to be bilities. Supremacy of Clvii Power twice put in jeopardy; nor shall any person be compelled in any Section 14. The military shail be Freedom of Religion, Speech, held in strict subordination to the Press, Assembly and Petition criminal case to be a witness against himself. civil power. Section 3. No law shall be enact ed respecting an establishment of Bail, Excessive Punishment Right to Bear Arms religion or prohibiting the free ex Section 9. Excessive bail shall Section 15. A well regulated mili ercise thereof, or abridging the not be required, nor excessive fines tia being necessary to the security freedom of speech or of the press, imposed, nor cruel or unusual of a free state, the right of the or the right of the people peace punishments inflicted. people to keep and bear arms shall ably to assemble and to petition not be infringed. the government for a redress of Trial by Jury, Civil Cases grievances. Section 10. In suits at common Quartering of Soldiers law where the value in contro Section 16. No soldier or mem Due Process and Equal Protection versy shall exceed one hundred dol ber of the militia shall, in time of Section 4. No person shall be de lars, the right of trial by jury shall peace, be quartered in any house, prived of llfe, liberty or property be preserved. The legislature may without the consent of the owner or STATE CONSTITUTION 421 occupant, nor in time of war, ex ARTICLE UI to receive less than one member. cept in a manner prescribed by Upon the determination of the TUE LEGISLATURE total number of representatives to law. Legislative Power which each basic area is entitled, Imprisonment for Debt SectIon 1. The legislative power such total shall •be reapportioned Section 17. There shall be no im of the State shall be vested in a among the one or more representa prisonment for debt. legislature, which shall consist of tive districts within each basic two houses, a senate and a house area on the basis of the number Eminent Domain of representatives. Such power of voters registered at the last pre Section 18. Private property shafl shall extend to all rightful subjects ceding general election within each not be taken for public use with of legislation not inconsistent with of such representative districts and out just compensation. this constitution or the Constitu computed by the method known as tion of the United States. the method of equal proportions, Limitations on Special Privileges no representative district to re Senate; Districts; Composition ceive less than one member. Section 19. The power of the U ~0 n a n y reapportionment, State to act in the general welfare Section 2. The senate shall be should the total number of voters shali never be impaired by the composed of twenty-five members, registered in any representative making of any irrevocable grant who shall be elected by the quali district be less than one-half of of special privileges or immunities. fied voters of the respective sena the quotient obtained by dividing torial districts. The districts, and the total number of voters regis Construction the number of senators to be elect tered in the State by the total num Section 20. The enumeration of ed from each, shall be as follows: ber of members to which the house rights and privileges shall not be First senatorial district: that por is entitled, then, as part of such construed to impair or deny others tion of the island of Hawaii known reapportionment, the basic area retained by the people. as Puna, Hilo and Hamakua, five; within which such representative Second senatorial district: that district lies shall be redistricted portion of the island of Hawaii by the governor in such manner known as Kau, Kona and Kohala, that the total number of votets ARTICLE II two; Third senatorial district: the is registered in each new representa SUFFRAGE AND ELECTIONS tive district therein shall be more lands of Maui, Molokai, Lanai and than one-half of such quotient. Qualifications Kahoolawe, five; The governor shall thereupon is Section 1. Every citizen of the Fourth senatorial district: that sue a proclamation showing the re United States, who shall have at portion of the island of Oahu lying sults of such reapportionment, and tained the age of twenty years, east and south of Nuuanu Street such reapportionment shall be ef have been a resident of this State and Pali Road and the upper fective for the election of members not less than one year next preced ridge of the Koolau Range from to such house for the next five suc ing the election, and be a voter reg the Nuuanu Pall to Makapuu Point ceeding legislatures. istered in accordance with law, and ali other islands not specifi shall be qualified to vote in any cally enumerated, five; Mandamus state or local election. No person Fifth senatorial district: that por Original jurisdiction is hereby shall be qualified to vote unless tion of the island of Oahu lying vested in the supreme court of the he is also able, except for physical west and north of the fourth sena State to be exercised on the appli disability, to speak, read and write torial district, five; and cation of any registered voter (a) Sixth senatorial district: the is made within thirty days following the English or Hawaiian language. lands of Kauai and Niihau, three. the date specified above, to com Disqualifications House of Representatives; pel, by mandamus or otherwise, Section 2. No person who is non Composition the governor to perform the above compos mentis and no person con duty, and (b) made within thirty Section 3. The house of repre days following the date of such victed of felony, unless pardoned sentatives shall be composed of and restored to his civil rights, proclamation, to compel, by man fifty-one members, who shall be damus or otherwise, the correction shall be qualified to vote. elected by the qualified voters of of any error made in such reap Residence the respective representative dis portionment. tricts. Until the next reapportion Section 3. No person shall be ment, the representative districts Election of Members; Term deemed to have gained or lost resi and the number of representatives Section 5. The members of the dence simply because of his pres to be elected from each shall be legislature shall be elected at gen ence or absence while employed as set forth in the Schedule. eral elections. The term of office of in the service of the United States, members of the house of repre or while engaged in navigation or Reapportionment of House sentatives shall be two years be while a student at any institution Section 4. On or before June 1 ginning with their election and of learning. of the year 1959, and of each tenth ending on the day of the next year thereafter, the governor shall general election, and the term of Registration, Voting reapportion the members of the office of members of the senate Section 4. The legislature shall house of representatives in the fol shall be four years beginning with provide for the registration of vot lowing manner: their election and ending on the ers and for absentee voting; and The total number of representa day of the second general election shall prescribe the method of vot tives shali first be reapportioned after their election. ing at all elections. Secrecy of among four basic areas, namely, voting shall be preserved. (1) the island of Hawaii, (2) the Vacancies islands of Maui, Molokai, Lanai Section 6. Any vacancy in the Elections and Kahoolawe, (3) the island of legislature shall be filled for the Section 5. General elections shall Oahu and all other islands not unexpired term in such manner as be held on the first Tuesday after specifically enumerated, and (4) may be prescribed by law, or, if no the first Monday in November in the islands of Kauai and Niihau, provision be made by law, by ap all even-numbered years. Special on the basis of the number of pointment by the governor for the elections may be held in accord voters registered ~t the last pre unexpired term. ance with law. Contested elections ceding general election in each of Qualifications of Members shall be determined by a court of such basic areas and computed by competent jurisdiction in such man the method known as the method Section 7. No person shall be ner as shall be provided by law. of equal proportions, no basic area eligible to serve as a member of 422 APPENDICES the senate unless he shall have Budget Sessions members to which such house is attained the age. of thirty years, At budget sessions the legislature entitled. have been a resident of the State shall be limited to the consideration for not less than three years and Quorum; Compulsory Attendance and enactment of the general ap Section it A majority of the be a qualified voter of the sena propriations bill for the succeeding torial district from which he seeks fiscal year and bills to authorize number of members to which each to be elected. No person shall be proposed capital expenditures, rev~ house is entitled shall constitute a eligible to serve as a member of enue bills necessary therefor, ur quorum of such house for the con the house of representatives unless gency measures deemed necessary duct of ordinary busineàs, of which he shall have attained the age of in the public interest, bills calling quorum a majority vote shall suf twenty-five years, have been a elections, proposed constitutional fice; but the final passage of a resident of the State for not less amendments and bills to provide for bill in each house shall require the than three years and be a qualified the expenses of such session and vote of a majority of all the mem voter of the representative district the special session to be convened bers to which such house is entitled, from which he seeks to be elected. thereafter in accordance with the taken by ayes and noes and en provisions of Section 17 of this tered upon its journal. A smaller Privileges of Members article. number than a quorum may ad The legislature may also consider journ from day to day and may Section 8. No member of the leg compel the attendance of absent islature shall be held to answer and act upon matters relating to before any other tribunal for any the impeachment or removal of of members in such manner and un statement made or action taken in ficers. No urgency measure shall der such penalties as each house the exercise of his legislative func be considered unless a statement of may provide. tions; and members of the legisla facts constituting such urgency Bills; Enactment ture shall, in all cases except felony shall be set forth in one section or breach of the peace, be privi thereof and until such section shall, Section 15. No law shall be passed leged from arrest during their at have been first approved by each except by bill. Each law shall em tendance at the sessions of their house. brace but one subject, which shall respective houses, and in going to The approval of such section and be expressed in its title. The en and returning from the same. the final passage of such measure acting clause of each law shall be, in each house shall require a two- “Be it enacted by the legislature thirds vote of all the members to of the State of Hawaii”. Disqualifications of Members which such house is entitled, taken Section 9. No member of the leg by ayes and noes and entered upon Passage of Bills islature shall hold any other public its journal. Section 16. No bill shall become office under the State, nor shall he, law unless it- shall pass three read during the term for which he is Sessions; Commencement; Duration ings in each house, on separate elected or appointed, be elected or days. Every bill when passed by appointed to any public office or Regular sessions shall commence the house in which it originated, employment whiëh shall have been at 10:00 o’clock a. m., on the third or in which amendments thereto created, or the emoluments whereof Wednesday in February. General shall have originated, shall imme shall have been increased, by legis sessions shall be limited to a period diately be certified by the presid lative act during such term. The of sixty days and budget sessions ing officer and clerk and sent to term “public office”, for the pur and special sessions to a period ofl the other house for consideration. poses of this section, shall not in thirty days, but the governor may clude notaries public, reserve police extend any session for not more Approval or Veto officers or officers of emergency than thirty days. Sundays and holi Section 17. Every bill which shall organizations for civilian defense days shall be excluded in comput have passed the legislature shall ing the number of days of any ses be certified by the presiding offi or disaster relief. The legislature sion. may prescribe further disqualifica cers and clerks 2f both houses and tions. Adjournment shall thereupon be presented to the governor. Section 12. Neither house shall If he approves it, he shall sign Salary and Allowances adjourn during any session of the it and it shall become law. If the Section 10. The members of the - legislature for more than three governor does not approve such legislature shall receive such sal days, or sine die, without the con bill, he may return it, with his ob ary and allowances as may be sent of the other. jections, to the legislature. prescribed by law, but any increase Organization; Discipline; Rules; He may veto any specific item or decrease in the amount thereof Procedure or items in any bill which appro shall not apply to the legislature priates money for specific purposes which enacted the same. No salary Section 13. Each house shall be by striking out or reducing the shall be payable when. the senate the judge of the elections, returns same; but he shall veto other bills, alone is convened in special ses and qualifications of its own mem if at all, only as a whole. sion, or when the legislature con bers and shall have, for misconduct, The governor shall have ten days venes in special session pursuant disorderly behavior or neglect of to consider bills presented to him to Section 17 of this article. duty of any member, power to pun ten or more days before the ad ish such member by censure or, journment of the legislature sine Sessions upon a two-thirds vote of all the die, and if any such bill is neither SectIon 11. Regular sessions of members to which such house is signed nor returned by the gover the legislature shall be held an entitled, by suspension or expul nor within that time, it shall be nually. The governor may convene sion of such member. Each house come law in like manner as if he the legislature, or the senate alone, shall choose its own officers, deter had signed it. in special session. All sessions shall mine the rules of its proceedings be held at the capital of the State. and keep a journal. The ayes and Reconsideration After Adjournment In case the capital shall be un noes of the members on any ques The governor shall have forty- safe, the governor may direct tion shall, at the desire of one-fifth five days, after the adjournment that any session shall be held at of the members present, be entered of the legislature sine die, •to con some other place. Regular sessions upon the journal. sider bills presented to him less in edd numbered years shall be Twenty days after a bill has been than ten days before such adjourn known as “general sessions” and referred to a committee in either ment, or presented after adjourn regular sessions in even numbered house, the same may be recalled ment, and any such bill shall be yeats shall .be known as “budget from such committee by the af come law on the forty-fifth day sessions”. firmative vote of one-third of the unless the governor by proclama STATE CONSTITUTION 423 tion shall have given ten days’ be convicted without the concur tenant governor succeeds to the notice to the legislature that he rence of two-thirds of the members office of governor, he shall re plans to return such bill with his of the senate. When sitting for ceive the compensation for that of objections on that day. that purpose, the members of the fice. The legislature may convene at senate shall be on oath or affirma or before noon on the fortye tion andthe chief justice shall pre Succession to Governorship; Ab filth day in special session, without side. Subject to the provisions of sence or bisability of Governor call, for the sole purpose of acting this paragraph, the legislature may Section 4. When the office of gov upon any such bill returned by the provide for the manner and pro ernor is vacant, the lieutenant gov governor. In case the legislature cedure of removal by impeachment ernor shall become governor. In shall fail to so convene, such bill of such officers. the event of the absence of the shall not become law. The legislature shall by law pro governor from the State, or his Any such bill may be amended vide for the manner and procedure inability to exercise and discharge to meet the governor’s objections of removal by impeachment of the the powers and duties of his office, and, if so amended and passed, only appointive officers. such powers and duties shall de one reading being required in each Judgments in cases of impeach volve upon the lieutenant governor house for such passage, it shall be ment shall not extend beyond re during such absence or disability. presented again to the governor, moval from office and disqualifica but shall become law only if he tion to hold and enjoy any office of • When the office of lieutenant honor, trust or profit under the governor is vacant, or in the event shall sign it within ten days after of the absence of the lieutenant presentation. State; but the person convicted may nevertheless be liable and subject governor from the State, or his Sundays and holidays shall be inability to exercise and discharge excluded in computing the number to indictment, trial, judgment and punishment according to law. the powers and duties of his office, of days designated in this section. such powers and duties shall de Procedure Upon Veto ARTICLE IV volve upon such officers in such order of succession as may be pro Section 18. Upon the receipt of a THE EXECUTIVE vided by law. veto message from the governor, In the event of the impeachment each house shall enter the same at Establishment of the Executive large upon its journal and proceed Section 1. The executive power of the governor or of the lieuten of the State shall be vested in a ant governor, he shall not exercise to reconsider the vetoed bill, or the powers of his office until ac the item or items vetoed, and again governor. vote upon such blll, or such item The governor shall be elected by quitted. or items, by ayes and noes, which the qualified voters of this State shall be entered upon its journal. at a general election. The person Executive Powers If after such reconsideration such receiving the highest number of Section 5. The governor shall be bill, or such item or items, shall votes shall be the governor. In responsible for the faithful execu be approved by a two-thirds vote case of a tie vote, the selection tion of the laws. He shall be com of all the members to which each of the governor shall be deter mander in chief of the armed house is entitled, the same shall mined in accordance with law. forces of the State and may call become law. The •term of office of the gov out such forces to execute the laws, ernor shall begin at noon on the suppress or prevent insurrection or Punishment of Non-Members first Monday in December next following his election and end at lawless violence or repel invasion. Section 19. Each house may punish by fine, or by imprisonment noon on the first Monday in De He shall, at the beginning of each not exceeding thirty days, any per cember, four years thereafter. session, and may, at other times, son not a member of either house No person shall be eligible to the give to the legislature information who shall be guilty of disrespect office of governor unless he shall concerning the affairs of the State of such house by any disorderly be a qualified voter, have attained and recommend to its consideration or contemptuous behavior in its the age of thirty-five years and such measures as he shall deem presence or that of any committee have been a citizen of the United expedient. thereof; or who shall, on account States for twenty years and a The gcvernor may rant re of the exercise of any legislative resident of this State for five years prieves, commutations and pardons, function, threaten harm to the body next preceding his election. after conviction, for all offenses, or estate of any of the members The governor shall not hold any subject to regulation by law as to of such house; or who shall assault, other office or employment of prof the manner of applying for the arrest or detain any witness or it under the State or the United same. other person ordered to attend such States during his term of office. The legislature may, by general house, on his way going to or re law, authorize the governor to turning therefrom; or who shall Lieutenant Governor rescue any person arrested by or Section 2. There shall be a lieu grant pardons before conviction, to der of such house. tenant governor, who shall have the rant pardons for impeachment and same qualifications as the governor. to restore civil rights denied by Any person charged with such an reason of conviction of offenses by offense shall be informed in writ He shall be elected at the same tribunals other than those of this ing of the charge made against him, time, for the same term, and in the State. and have an opportunity to present same manner, as the governor. He evidence and be heard in his own shall perform such duties as may The governor shall appoint an defense. be prescribed by law. administrative director to serve at Impeachment his pleasure. Compensation, Governor, Lieu Section 20. The governor and tenant Governor Executive and Administrative lieutenant governor, and any ap Offices and Departments pointive officer for whose removal Section 3. The compensation of the consent of the senate is re the governor and of the lieutenant Section 6. Au executive and ad quired, may be removed from of governor shall be prescribed by ministrative offices, departments fice upon conviction of impeach law, but shall not be less than and instrumentalities of the state ment for such causes as may be eighteen thousand dollars, and government and their respective provided by law. twelve thousand dollars, respective functions, powers and duties shall The house of representatives ly, per annum. be allocated by law among and shall have the sole power of im Such compensation shall not be within not more than twenty prin peachment of the governor and increased or diminished for their cipal departments in such manner lieutenant governor and the senate respective terms, unless by general as to group the same according to the sole power to try such impeach law applying to all salaried offi major purposes so far as prac ments, and no such officer shall cers of the State. When the lieu- ticable. 424 APPENDICES Temporary commissions or agen ARTICLE V of each house of the legislature, cies for special purposes may be sitting in joint session, for such established by law and need not THE JUDICIARY causes and in such manner as may be allocated within a principal de Judicial Power be provided by law. partment. Section 1. The judicial power of Retirement for Incapacity Each principal department shall the State shall be vested in one be under the supervision of the supreme court, circuit courts, and Section 4. Whenever a commis governor and, unless otherwise pro in such inferior courts as the legis sion or agency, authorized by law vided in this constitution or by lature may from time to time es for such purpose, shall certify to law, shall be headed by a single tablish. The several courts shall the governor that any justice of executive. have original and. appellate juris the supreme court or judge of a diction as provided by law. circuit court appears to be so in Such single executive shall be capacitated as substantially to pre nominated and, by and with the vent him from performing his ju advice and consent of the senate, Supreme Court appointed by the governor and Section 2. The supreme court dicial duties, the governor shall he shall hold office for a term tq shall consist of a chief justice and appoint a board of three persons expire at the end of the term for four associate justices. When nec to .inquire into the circumstances which the governor was elected. essary, the chief justice shall as and on their recommendation the The governor may, by and with sign a judge or judges of a cir governor may retire the justice or the advice and consent of the sen cuit court to serve temporarily on judge from office. ate, remove such single executive. the supreme court. Administration Whenever a board, commission In case of a vacancy in the of Section 5. The chief justice of the or other body shall be the head of fice of chief justice, or if he is supreme court shall be the admin a principal department of the state ill, absent or otherwise unable to istrative head of the courts. He may government, the members thereof serve, an associate justice desig assign judges from one circuit court shall be nominated and, by and nated in accordance with the rules to another for temporary service. with the advice and consent of of the supreme court shall serve With the approval of the supreme the senate, appointed by the gov temporarily in his stead. court he shall appoint an adminis ernor. The term of office and re trative director to serve at his moval of such members shall be as Appointment of Judges prescribed by law. pleasure. Section 3. The governor shall Such board, commission or other nominate and, by and with the ad Rules body may appoint a principal ex vice and consent of the senate, ap Section 6. The supreme court ecutive officer, who, when author point the justices of the supreme shall have power to promulgate ized by law, may be ex officio a court and the judges of the circuit rules and regulations in all civil voting member thereof, and who courts. No nomination shall be and criminal cases for all courts may be removed by a majority vote sent to the senate, and no interim relating to process, practice, pro of the members appointed by the appointment shall be made when cedure and appeals, which shall governor. the senate is not in session, until have the force and effect of law. after ten days’ public notice by the The governor shall nominate and, governor. by and with the advice and consent ARTICLE VI of the senate, appoint all officers Qualifications TAXATION AND FINANCE for whose election or appointment No justice or judge shall hold provision is not otherwise made by Taxing Power Inalienable any other office or position of profit this constitution or by law. under the State or the United Section 1. The power of taxation States. No person shall be eligible shall never be surrendered, sus The legislature may provide for pended or contracted away. the suspension or removal for to such office who shall not have cause, by the governor, of any of been admitted to practice law be Taxation of Non-Resident ficer for whose removal the con fore the supreme court of this Citizens sent of the senate is required by State for at least ten years. Any this constitution. justice or judge who shall become Section 2. The land and other a candidate for an elective office property belonging to citizens of When the senate is not in session shall thereby forfeit his office. the United States residing without and a vacancy occurs in any office, the State shall never be taxed at appointment to which requires the Tenure a higher rate than the lands and confirmation of the senate, the gov other property belonging to resi ernor may fill the office by grant The term of office of a justice dents thereof. ing a commission which shall, un of the supreme court shall be sev less such appointment is confirmed, en years and that of a judge of a Debt Limitations expire at the end of the next ses circuit court shall be six years. Section 3. All bonds and other sion of the senate; but the person Compensation instruments of indebtedness issued so appointed shall not be eligible by or on behalf of the State or for another interim appointment to They shall receive for their serv a political subdivision thereof must such office if the appointment shall ices such compensation as may be be authorized by the legislature, have failed of confirmation by the prescribed by law, which shall not and bonds and other Instruments senate. be diminished during their respec of indebtedness of a political sub tive terms of office, unless by gen division must also be authorized No person who has been nomi eral law applying to all salaried of by its governing body. nated for appointment to any of ficers of the State. Sixty million dollars is estab fice and whose appointment has lished as the limit of the funded not received the consent of the Retirement debt of the State at any time out senate shall be eligible to an in They shall be retired upon attain standing and unpaid. terim appointment thereafter to ing the age of seventy years. They Bonds and other instruments of such office. shall be included in any retirement indebtedness in excess of such All officers appointed under the law of the State. limit may be issued when author provisions of this section shall be ized by a two-thirds vote of all citizens of this State and shall have Removal the members to which each house been residents of the State for at They shall be subject to removal of the legislature is entitled, pro least three years next preceding from office upon~ the concurrence vided such excess debt, at the time their appointment. of two-thirds of the membership of authorization, would not cause STATE CONSTITUTION 425 the total of state indebtedness to The Budget spective accounting officers and to exceed a sum equal to fifteen per Section 4. Within such time prior report his findings and recommen cent of the total of assessed’ values to the opening of each regular dations to the governor and to the for tax rate purposes of real prop session as may be prescribed by legislature at such times as shall erty in the State, as determined law, the governor shall submit to be prescribed by law. by the last tax assessment rolls the legislature a budget setting He shall also make such addi pursuant to law. forth a complete plan of proposed tional reports and conduct such Instruments of indebtedness to general fund expenditures and an other investigations as may be di meet appropriations for any fiscal ticipated receipts of the State for rected by the legislature. period in anticipation of the col the ensuing fiscal period, together lection of revenues for such period with such other information as the ARTICLE VII or to meet casual deficits or fail legislature may require. ures of revenue, which shall be The budget shall be compiled in LOCAL GOVERNMENT payable within one year, and bonds two parts, one setting forth all Political Subdivisions; Creation, or other instruments of indebted proposed operating expenditures Powers ness to suppress insurrection, to re for the ensuing fiscal period and pel invasion, to defend the State in the other, all capital improvements Section 1. The legislature shall war or to meet emergencies caused expenditures proposed to be un create counties, and may create by disaster or act of God, may be dertaken during such period. The other political subdivisions within issued by the State under legis governor shall also, upon the open the State, and provide for the gov lative authorization without regard ing of the session, submit bills to ernment thereof. Each political to any debt limit. provide for such proposed expen subdivision shall have and exer A sum equal •to ten percent of ditures and for any recommended cise such powers as shall be con the total of the assessed values additional revenues or borrowings ferred under general laws. for tax rate purposes of real prop by which the proposed expendi Local Self-Government; Charter erty in any political subdivision, tures are to be met. Such bills Section 2. Each political subdivi as determined by the last tax as shall be introduced in the legis sion shall have power to frame and sessment rolls pursuant to law, is lature upon the opening of each adopt a charter for its own self- established as the limit of the fund regular session. government within such limits and ed debt of such political subdivi under such procedures as may be sion at any time outstanding and Legislative Appropriations; prescribed by law. unpaid. Procedure The aggregate, however, of such Section 5. No appropriation bill, Taxation and Finance debts contracted by any political except bills recommended by the Section 3. The taxing power shall subdivision during a fiscal year governor for immediate passage, or be reserved to the State except so shall not exceed two percent of the to cover the expenses of the legis much thereof as may be delegated total of such assessed values in lature, shall be passed on final such political subdivision. by the legislature to the political Instruments of indebtedness to reading until the bill authorizing subdivisions, and the legislature meet appropriations for any fisca’ operating expenditures for the en shall have the power to apportion period in anticipation of the col suing fiscal period, to be known state revenues among the several lection of revenues for such period as the general appropriations bill, political subdivisions. or to meet casual deficits or fail shall have been transmitted to the governor. Mandates; Accrued Claims ures of revenue, which shall be Section 4. No law shall be passed payable within one year, may be issued by any political subdivi Appropriations for Private mandating any political subdivision sion under authorization of law Purposes Prohibited to pay any previously accrued and of its governing body, without Section 6. No tax shall be levied claim. regard to the limits of debt here or appropriation of public money Statewide Laws inabove provided. or property made, nor shall the Section 5. This article shall not All bonds or other instruments public credit be used, directly or limit the power of the legislature of indebtedness for a term exceed indirectly, except for a public pur to enact laws of statewide con ing one year shall be in serial pose. No grant shall be made in cern. form maturing in substantially violation of Section 3 of Article equal annual installments, the first I of this constitution. ARTICLE VUI installment to mature not later Expenditure Controls than five years from the date of PUBLIC HEALTh AND the issue of such series, and the last Section 7. Provision for the con WELFARE installment not later than thirty- trol of the rate of expenditures o~ Publit Health five years from the date of such appropriated state moneys, and for issue. the reduction of such expenditures Section 1. The State shall provide Interest and principal payments under prescribed conditions, shall for the protection and promotion shall be a first charge on the gen be made by law. of the public health. eral revenues of the State or p0- Auditor Care of Handicapped litical subdivision, as the case may Section 8. The legislature, by a be. Section 2. The State shall have majority vote of each house in power to provide for treatment The provisions of this section joint session, shall appoint an audi and rehabilitation, as well as dom shall not be applicable to indebted tor who shall serve for a period of iciliary care, of mentally or physi ness incurred under revenue bond eight years and thereafter untll a statutes by a public enterprise of cally handicapped persons. successor shall have been appoint the State or political subdivision, ed. Public Assistance or by a public corporation; when The legislature, by a two-thirds the only security for such indebted Section 3. The State shall have ness is the revenues of such enter vote of the members in joint ses power to provide assistance for prise or public corporation, or to sion, may remove the auditor from persons unable to maintain a indebtedness incurred under spe office at any time for cause. standard of living compatible with cial improvement statutes when the It shall be the duty of the audi decency and health. only security for such indebted tor to conduct post-audits of all ness is the properties benefited or transactions and of all accounts Slum Clearance, Rehabilitation improved or the assessments there kept by or for all departments, of and Housing on. fices and agencies of the State and Nothing in this section shall pre its political subdivisions, to cer SectIon 4. The State shall have vent the refunding of any indebted tify to the accuracy of all finan power to provide for, or assist In, ness at any time. cial statements issued by the re slum clearance and the develop- 426 APPENDICES ment or rehabilitation of substand graphic subdivisions of the State. the Congress, as the same has been ard •areas, including housing for The president of the uniVersity or may be amended prior to the ad persons of low income. and the superintendent of public mission of the State, is hereby instruction shall be ex officio vot adopted as a law of the State, sub Public Sightliness and Good ing members of the board. ject to amendment or repeal by Order The board shall have power, in the legislature, provided, that if accordance with law, to formulate and to the extent that the United Section 5. The State shall have policy, and to exercise control over power to conserve and develop its States shall so require, said law the university through its execu shall be subject to amendment or natural beauty, objects and places tive officer, the president of the of historic or cultural interest, repeal only with the consent of university, who shall be appointed the United States and in no other sightliness and physical good order, by the board. and for that purpose private prop manner, provided, further, that if erty shall be subject to reasonable the United States shall have pro ARTICLE X vided or shall provide that parti regulation. DEVELOPMENT AND CONSER cular provisions or types of provi ARTICLE IX VATION OF RESOURCES sions of said Act may be amended in the manner required for or EDUCATION Resources; Conservation, Deveiop dinary state legislation, such provi Public Education ment and Use sions or types of provisions may Section 1. The legislature shall be so amended. Section 1. The State shall pro promote the conservation, develop The proceeds and income from vide for the establishment, support ment and utilization of agricultural Hawaiian home lands shall be used and control of a statewide system resources, and fish, mineral, forest, only in accordance with the terms of public schools free from sec water, land, game and other natural of said Act, and the legislature tarian control, a state university, resources. may, from time to time, make ad public libraries and such other edu ditional sums available for the pur cational institutions as may be Natural Resources; Management pose of said Act by appropriating deemed desirable, including physi and Disposition cal facilities therefor. There shall the same in the manner provided Section 2. The legislature shall by law. be no segregation in public educa vest in one or more executive tional institutions because of race, boards or commissions powers for Compact With the United States religion or ancestry; nor shall pub the management of natural re lic funds be appropriated for the Section 2. The State and its péo sources owned or controlled by the plc do hereby accept, as a com support or benefit of any sectarian State, and such powers of disposi or private educational institution. pact with the United States, or tion thereof as may be authorized as conditions or trust provisions by law; but land set aside for imposed by the United States, re Board of Education public use, other than for a reserve lating to the management and dis Section 2. There shall be a board for conservation purposes, need not position of the Hawaiian home of education, the members of which be placed under the jurisdiction of lands, the requirement that Sec shall be nominated and, by and such a board or commission. tion 1 hereof be included in this with the advice and consent of the The mandatory provisions of this constitution, in whole or in part, senate, appointed by the governor section shall not apply to the it being intended that the Act or from panels submitted by local natural resources owned by or Acts of the Congress pertaining school advisory councils to be es under the control of a political sub thereto shall be definitive of the tablished by law. At least part of division or a department or agency extent and nature of such compact, the membership of the board shall thereof. conditions or trust provisions, as represent geographic subdivisions the case may be. of the State. Sea Fisheries Section 3. All fisheries in the sea The State and its people do waters of the State not included in further agree and declare that the Powers of the Board of Education spirit of the Hawaiian Homes Com any fish pond or artificial inclosure Section 3. The board of educa shall be free to the public, subject mission Act looking to the con tion shall have power, in accord to vested rights and the right of the tinuance of the Hawaiian homes ance with law, to formulate policy, state to regulate the same. projects for the further rehabilita and to exercise control over the tion of the Hawaiian race shall be public school system through its General Laws Required; faithfully carried out. executive officer, the superintend Exceptions ent of public instruction, who shall Section 4. The legislative power ARTICLE XII be appointed by the board and over the lands owned by or under shall be ex officio a voting mem ORGANIZATION, the control of the State and its COLLECTIVE BARGAINING ber thereof. political subdivisions shall be exer cised only by general laws, except Private Employees University of Hawaii in respect to transfers to or for Section 1. Persons in private em Section 4. The University of Ha the use of the State, a political sub ployment shall have the right to waii is hereby established as the division, or any department or organize for the purpose of collec state university and constituted a agency of government thereof. tive bargaining. body corporate. It shall have title Public Employees to all the real and personal prop Farm and Home Ownership erty now or hereafter set aside or Section 5. The public lands shall Section 2. Persons in public em conveyed to it, which shall be held be used for the development of ployment shall have the right to in public trust for its purposes, to farm and home ownership on as organize and to present and make be administered ahd disposed of ac widespread a basis as possible, in known their grievances and pro cording to law. accordance with procedures and posals to the State, or any politi limitations prescribed by law. cal subdivision or any department Board of Regents; Powers or agency thereof. Section 5. There shall be a board ARTICLE XI of regents of the University of Ha HAWAIIAN HOME LANDS ARTICLE XIII waii, the members of which shall STATE BOUNDARIES, be nominated and, by and with the Hawaiian Homes Conunission Act CAPITAL, FLAG advice and consent of the senate, Section 1. Anything in this con appointed by the governor. stitution to the contrary notwith Boundaries At least part of the membership standing, the Hawaiian H o m e $ Section 1. The State of Hawaii of the board shall represent geo Commission Act, 1920, enacted by shall include the islands and tern- STATE CONSTITUTION 427 tonal waters heretofore constituting the admission of this State to the Whenever any personal pronoun the Territory of Hawaii. Union. appears in this constitution, it shall be construed to mean either sex. Capital Compliance With Trust Section 2. Honolulu, on the Island Section 7. Any trust provisions General Power of Oahu, shall be the capital of the which the Congress shall impose, Section 13. The enumeration in State. upon the admission of this State, this constitution of specified powers in respect of the lands patented shall not be construed as limita State Flag to the State by the United States tions upon the power of the State SECTION 3. The Hawaiian flag or the proceeds and income there to provide for the general welfare shall be the flag of the State. from, shall be complied with by of the people. appropriate legislation. ARTICLE XIV Provisions Self-Executing Administration of Undisposed Land Section 14. The provisions of this GENERAL AND MISCELLANEOUS PROVISIONS Section 8. The lands and other constitution shall be self-executing property, the final determination to the fullest extent that their re Civil Service and disposition of which shall not spective natures permit. Section 1. The employment of have been made by the Congress persons in the civil service, as de upon the admission of this State, fined by law, of or under the State, shall, pending such determination ARTICLE XV shall be governed by the merit and disposition, continue to be ad principle. ministered in accordance with the REVISION AND AMENDMENT laws applicable thereto immedi Employees’ Retirement System ately prior to the admission of this Methods of Proposal Section 2. Membership in any State, except as the Congress may Section 1.~Revisions of or amend employees’ retirement system of consent to any amendment of said ments to this constitution may be laws, and no provision of this con proposed by constitutional conven the State or any political subdi stitution for the exercise of powers vision thereof shall be a contractual, tion or by the legislature. relationship, the accrued benefits of or functions other than in accord which shall not be diminished or ance with such laws shall, without Constitutional Convention impaired. the consent of the Congress, apply to the lands or property so admin Section 2. The legislature may Disqualification for Disloyalty istered. submit to the electorate at any general or special election the ques Section 3. No person who advo Federal Property, Tax Exemption tion, “Shall there be a convention cates, or who aids or belongs to to propose a revision of or amend any party, organization or associa Section 9. No taxes shall be im-• ments to the Constitution?” If any tion which advocates, the overthrow posed by the State upon any lands 10-year period shall elapse during by force or violence of the govern or other property now owned or which the question shall not have ment of this State or of the United hereafter acquired by the United been submitted, the lieutenant gov States shall be qualified to hold States, except as the same shall be ernor shall certify the question, to any public office or employment. come taxable by reason of disposi be voted on at the first general tion thereof by the United States election following the• expiration Oath of Office or by reason of the consent of the of such period. United States to such taxation. Section 4. All public officers, be Election of Delegates fore entering upon the duties of their respective offices, shall take Hawaii National Park If a majority of the ballots cast and subscribe to the following oath Section 10. All provisions of the upon such question be in the af or affirmation: “I do solemnly act or resolution admitting this firmative, delegates to the conven swear (or affirm) that I will sup State to the Union, or providing tion shall be chosen at the next port and defend the Constitution for such admission, which reserve regular election unless the legis of the United States, and the Con to the United States jurisdiction of lature shall provide for the election stitution of the State of Hawaii, and Hawaii National Park, or the own of delegates at a special election. that I will faithfully discharge my ership or control of lands within Notwithstanding any provision in dutiesas to Hawaii National Park, are con this constitution to the contrary, the best of my ability.” The legis sented to fully by the State and its other than Section 3 of Article XIV, lature may prescribe further oaths people. any qualified voter of the district or affirmations. concerned shall be eligible to mem Judicial Rights bership in the convention. Intergovernmental Relations Section 11. All those provisions Unless the legislature shall other Section 5. The legislature may of the act or resolution admitting wise provide, there shall be the provide for cooperation on the part this State to the Union, or provid same number of delegates to such of this State and its political sub ing for such admission, which re convention, who shall be elected divisions with the United States, serve to the United States judicial from the same areas ,and the con or other states and territories, or rights or powers are consented to vention shall be convened in the their political subdivisions, in mat fully by the State and its people; same manner, as nearly as prac ters affecting the public health, and those provisions of said act or ticable, as required for the Hawaii safety and general welfare, and resolution which preserve for the State Constitutional Convention of funds may be appropriated to ef 1950. fect such cooperation. State judicial rights and powers are hereby accepted and adopted, and such rights and powers are Organization; Procedure Federal Lands hereby assumed, to be exercised The convention shall determine Section 6. The United States and discharged pursuant to this its own organization and rules of shall be vested with or retain title constitution and the laws of the procedure. It shall be the sole judge to or an interest in or shall hold State. of the elections, returns and quali the property in the Territory of fications of its members and, by a Hawaii set aside for the use of the Titles, Subtitles, Personal Pronouns; two-thirds vote, may suspend or United States and remaining ~o set Construction remove any member for cause. The aside immediately prior to the ad mission of this State, in all respects Section 12. Titles and subtitles governor shall fill any vacancy by as and to the extent set forth in shall not be used for purposes of appointment of a qualified voter the act or resolution providing for construing this constitution. from the district concerned. 428 APPENDICES Ratification; Appropriations ARTICLE XVI to Mokauca Street; (2) southwester The convention shall provide for SCHEDULE ly along Mokauea Street Extension the time and manner in which the extended to a point on the outer proposed constitutional revision or REPRESENTATIVE DISTRICTS edge of the reef; (3) westerly along amendments shall be submitted to Description; Number of Members the outer edge of the reef to a point a vote of the electorate, but no on the Moanalua-Halawa boundary; SectIon 1. As provided in Section (4) northerly and northeasterly such revision or amendments shall 3 of Article III, until the next re be effective unless approved at a along the Moanalua-Halawa bound apportionment, the representative ary to the top of Koolau Range; general election by a majority of districts and the number of mem all of the votes tallied upon the (5) southeasterly along the top of bers to be elected from each shall Koolau Range to a place called question, such majority constituting be as follows: at least 35 per cent of the total ‘Puu Lanihuli”; (6) southwesterly First representative district: that along the top of the ridge be vote cast at such election, or at a portion of the island of Hawaii special election by a majority of tween the lands of Kalihi, Kapa known as Puna, one representative; lama and Nuuanu to Kalihi Street; the total vote tallied upon such Second representative district: question, such majority constituting and (7) southwesterly along Kali that portion of the island of Hawaii hi Street to the point of beginning, at least 35 per cent of the total known as South Hilo, four repre number of registered voters; pro sentatives; three representatives; vided, that no constitutional amend Third representative district: that Twelfth representative district: ment altering this proviso or the portion of the island of Hawaii that portion of the island of Oahu, representation from any senatorial known as North Hilo and Hama for convenience herein referred to district in the senate shall become kua, one representative; as upper Nuuanu, more particularly effective unless it shall also be Fourth representative district: described as follows: from the in approved by a majority of the that portion of the island of Hawaii tersection of King and Kalihi votes tallied upon the question in known as Kau and South Kona and Streets running northeasterly along each of the majority of the that portion of North Kona, for Kalihi Street to the ridge between counties. convenience herein referred to as the lands of Kalihi, Kapalama and The provisions of this section Keauhou, more particularly de Nuuanu; (2) northeasterly along shall be self-executing, but the scribed as follows: from a point the top of said ridge to a point legislature shall make the neces at the seashore between the lands on the Koolau Range called “Puu sary appropriations and may enact of Holualoa 1 and 2 and Puapuaa Lanihuli”; (3) easterly along the legislation to facilitate their opera 2 running northeasterly along the top of said Range to Pali Road at tion. boundary of Holualoa 1 and 2 to the Nuuanu Pall; (4) southwester Puu Laalaau; (2) easterly in a ly along Pali Road to Nuuanu Ave straight line to a point called nue and southwesterly along Nu “Naohueleelua” being the common uanu Avenue to School Street; (5) Amendments Proposed by corner of the lands of Puuanahulu, northwesterly along School Street Legislature Kaohe and Keauhou 2nd; (3) south to the center line of the Kapa Section 3. The legislature may easterly along the common bound lama Drainage Canal (Waikiki propose amendments to the con ary between Hamakua and North Branch); (6) southwesterly along stitution by adopting the same, in Kona districts to the summit of said Canal to the center line of the the manner required for legisla Mauna Loa; (4) westerly along the main Kaplama Drainage Canal; (7) tion, by a two-thirds vote of each, common boundary between Kau southwesterly along said Canal to house on final reading at any ses and North Kona districts to the King Street; and (8) northwesterly sion, after either or both houses easterly boundary of South Kona along King Street to the point of shall have given the governor at district; (5) northerly and westerly beginning, three representatives; least 10 days’ written notice of the along the boundary between North Thirteenth representative dis final form of the proposed amend and South Kona districts to the trict: that portion of the island of ment, or, with or without such no seashore; and (6) northerly along Oahu, for convenience herein re tice, by a majority vote of each the seashore to the point of begin ferred to as Kapalama, more partic house on final reading at each of ning, one representative; ularly described as follows: from two successive sessions. Fifth representative district: that the junction of the Honolulu Har portion of the island of Hawaii bor Channel and the reef running Upon such adoption, the proposed known as Kohala and that portion westerly along the outer edge of amendments shall be entered upon of North Kona not included in the the reef of Mokauea Street Ex the journals, with the ayes and fourth representative district, one tension extended, (2) northeaster noes, and published once in each representative; ly along Mokauea Street Extension of four successive weeks in at Sixth representative district: the extended to Sand Island Road; (3) least one newspaper of general cir islands of Molokal and Lanai, one northeasterly along lVlokauea Street culation in each senatorial district representative; Extension to Auiki Street; (4) east wherein such a newspaper is pub Seventh representative district: erly along Auiki Street to Kalthi lished, within the two months’ the islands of Maui and Kahoolawe, Street; (5) northeasterly along Ka period immediately preceding the five representatives; lihi Street to K in g Street; (6) next general election. Eighth representative district: southeasterly along King Street to At such general election the pro that portion of the island of Oahu the center line of the main Kapa posed amendments shall be submit known as Koolaupoko and Koolau lama Drainage Canal; (7) northerly ted to the electorate for approval ba, two representatives; along said Canal to the center line or rejection upon a separate ballot. Ninth representative district: of the Kapalama Drainage Canal The conditions of and require that portion of the island of Oahu (Waikiki Branch); (8) northeaster ments for ratification of such pro known as Waialua and Wahiawa, ly along said Canal to School Street; posed amendments shall be the two representatives; (9) southeasterly along School mme as provided in Section 2 of Street to Nuuanu Avenue; (10) this article for ratification at a gen Tenth representative district: that portion of the island of Oahu southwesterly along Nuuanu Ave eral election. nue to the sea, and (11) southwest known as Ewa and Waianae, two representatives; erly along the middle of Honolulu Eleventh representative district: Harbor and Honolulu Harbor Chan Veto that portion of the island of Oahu, nel to the point of beginning, three Section L No proposal for amend for convenience herein referred to representatives: ment of the constitution adopted as Kalihi, more particularly de Fourteenth representative dis in either manner provided by this scribed as follows: from the inter trict: that portion of the island of article shall be subject to veto by section of Kalihi and Aulki Streets Oahu, for convenience herein re the governor. running westerly along Aulki Street ferred to as Pauoa, more particular- STATE CONSTITUTION 429 ly described as follows: from the Avenue extended; (15) southerly nANSmONAL PROVISIONS junction of the Honolulu Harbor across Waialae Avenue and along Continuity of Laws Channel and the outer edge of the Kapahulu Avenue to Kalakaua Avenue; (16) westerly along Kapa Section 2. All laws in force at reef running northeasterly along the time this constitution takes ef the middle of Honolulu Harbor hulu Avenue extended to the outer Channel and Honolulu Harbor to edge of the reef; (17) northwester fect and not inconsistent therewith, the intersection of Queen Street ly along the outer edge of the reef including, among others, acts of to a point on the line extended of the Congress relating to the lands and Nuuanu Avenue; (2) north in the possession, use and control easterly along Nuuanu Avenue to the center line of the Ala Wai Ca nal; and (18) easterly along said of the Territory of Hawaii, shafl Pali Road and northeasterly along be the laws of the State and re Pall Road to the top of the Koolau line to the point of beginning, six representatives; main in force, mutatis mutandis, Range at the Nuuanu Pall; (3) east until they expire by their own erly and southerly along the top Sixteenth representative district: limitation, or are altered or re of the Koolau Range to a point that portion of the island of Oahu, pealed by the legislature. called “Puu Konahuanui”; (4) for convenience herein referred to Except as otherwise provided by southwesterly along the top of the as Kaimuki and Kapahulu, more this constitution, all existing writs, ridge between the lands of Nuu particularly described as follows: actions, suits, proceedings, civil or anu, Pauoa and Manoa to a moun from a point at the seacoast at a criminal liabilities, prosecutions, tain peak called “Puu Ohia” or place called “Black Point” running judgments, sentences, orders, de “Tantalus”; (5) southwesterly along westerly along the seacoast to Ka crees, appeals, causes of action, the top of the ridge between the pahulu Avenue extended to the contracts, claims, demands, titles lands of Makiki and Kalawahine to sea; (2) easterly across Kalakaua and rights shall continue unaffected the intersection of Nehoa Street Avenue and easterly and northerly notwithstanding the taking effect and Lewalani Drive; (6) souther along Kapahulu Avenue to Waia of this constitution, except that the ly along Lewalani Drive and Piikoi lae Avenue; (3) easterly along State shall be the legal successor to Street to Wilder Avenue; (7) east Waialae Avenue to a point 100 feet the Territory in respect thereof, erly along Wilder Avenue to Pu easterly of St. Louis Drive; (4) and may be maintained, enforced nahou Street; (8) southerly along northeasterly across Waialae Ave or prosecuted, as the case may he, Punahou Street to King Street; nue then parallel to and 100 feet before the appropriate or corres (9) westerly along King Street to’ from St. Louis Drive and Alen ponding tribunals or agencies of Kalakaua Avenue; (10) southerly castre Street to the southerly or under the State or of the United along Kalakaua Avenue to the cen boundary of St. Louis Heights States, in the name of the State, ter line of the Ala Wal Canal; (11) Tract, Series 2 (File Plan No. 464); political subdivision, person or oth westerly along said Canal and along (5) northeasterly along the south er party entitled to do so, in all the line of said Canal extended to easterly boundary of said Tract respects as fully as could have been the outer edge of the reef; and (12) to the forest reserve boundary; done prior to the taking effect of westerly along the outer edge of (6) northeasterly along the top this constitution. the reef to the point of beginning, edge of Pablo Valley to the top five representatives; of Waahila Ridge; (7) northeaster Debts Fifteenth representative district: ly along the top of Waahila Ridge Section 3. The debts and liablli that portion of the island of Oahu, to a point on Koolau Range called ties of the Territory shall be as for convenience herein referred to “Mt. Olympus”; (8) easterly along sumed and paid by the State, and as Manoa and Waikiki, more par the top of the Koolau Range to the all debts owed to the Territory ticularly described as follows: from top of the ridge between the lands shall be collected by the State. the intersection of Kalakaua Ave of Waialae Nui and Pablo; (9) nue and the center line of the Ala southwesterly along the top of said Bond Acts Wal Canal running northerly along ridge to a place called “Kalepea Section 4. All acts of the legis Kalakaua Avenue to King Street; mo’a”; (10) southwesterly along Ma lature of the Territory authorizing (2) easterly along King Street to uumae Ridge to Sierra Drive; (11) the issuance of bonds by the Terri Punahou Street; (3) northerly along southwesterly along Sierra Drive tory or its political subdivisions are Punahou Street to Wilder Avenue; to Waialae Avenue; (12) easterly approved, subject, however, to (4) westerly along Wilder Avenue along Waialae Avenue to 13th Ave amendment or repeal by the legis to Piikoi Street; (5) northerly along nue; (13) southwesterly along 13th lature, and bonds may be issued Piikoi Street to Lewalani Drive; Avenue and Ocean View Drive to by the State and its political sub (0) northerly along Lewalani Drive Kilauea Avenue; (14) westerly divisions pursuant to said acts. to Nehoa Street; (7) northeasterly along Kilauea Avenue to Makapuu Whenever in said acts the approval along the top of the ridge between Avenue; (15) southwesterly along of the President or of the Congress the lands of Makiki and Kalawa Makapuu Avenue to Diamond Head is required, the approval of the hine to a mountain peak called Road; and (16) southeasterly along governor shall suffice. “Puu Ohia” or “Tantalus”; (3) Diamond Head Road to the Mili northeasterly along the top of the tary Road and along the Military Continuance of Officers ridge between the lands of Pauoa, Road extended to the point of Section 5. Except as otherwise Manoa and Nuuanu to a point on beginning, four representatives; provided by this constitution, all the Koolau Range called “Puu Ko Seventeenth representative dis executive officers of the Territory nahuanui”; (9) southeasterly along trict: that portion of the island of or any political subdivision thereof the top of said Range to a place Oahu not included in any other and all judicial officers who may called “Mt. Olympus”; (10) south representative district on the is be in office at the time of admis westerly along the top of Waahila land of Oahu, together with all sion of this State to the Union Ridge to the top edge of Pablo other islands not included in any shall continue to exercise and dis other representative district, three charge the powers and duties of Valley; (11) southwesterly along their respective offices until their the top edge of said Valley to the representatives; successors shall have qualified in forest reserve boundary; (12) aouth Eighteenth representative dis accordance with this constitution westerly along the southeasterly trict: the islands of Kauai and Nii or the laws enacted pursuant there boundary of St. Louis Heights Tract, hau, four representatives. to. Series 2 (File Plan 464) to the Wherever a roadway, or the in southerly boundary of said Tract tersection of one or more road Lieutenant Governor; Secretary 100 feet southeasterly from Alen ways, is designated as a boundary Section 6. Unless othetwise pro castre Street; (13) southwesterly vided by law, the lieutenant gover parallel to and 100 feet from Alen in any of the above descriptions, the center line of such roadway nor shall exercise and discharge castre Street and St. Louis Drive the powers and duties of the see- to Waialae Avenue; (14) westerly or intersection is intended as such boundary. retry of the Territory. along Waialae Avenue to Kapahulu 430 APPENDICES Residence, Other Qualifications Election Procedure; Certification tive senatorial districts: first dis Section 7. Requirements as to Section 11. Said primary election trict, three; second district, one; residence, citizenship or other shall take place not less than sixty third district, two; fourth district, status or qualifications in or under nor more than ninety days after three; fifth district, two; and sixth the State prescribed by this consti said proclamation, and the final district, two. Members of the first tution shall be satisfied pro tanto election shall take place within class shall hold office for a term by corresponding residence, citi forty days after the primary elec beginning with their election and zenship or other status or qualifica tion. Such elections shall be held ending on the day of the third tions in or under the Territory. and the qualifications of voters general election held thereafter. thereat shall be as prescribed by The remaining members elected this constitution and by the laws shall constitute the second class Allocation of Departments relating to the election of members and shall hold office for a term Section 8. The provisions of Sec of the legislature at primary and beginning with their election and tion 6 of Article IV shall not be general elections. The returns there ending on the day of the second mandatory until four years from of shall be made, canvassed and general election held thereafter. the date of admission of this State certified in the manner prescribed to the Union. The legislature shall by law with respect to the elec First Session of Legislature within three years from said date tion for the ratification or rejection Section 16. Ten days after the allocate and group the executive of this constitution. The governor admission of this State to the and administrative offices, depart shall thereupon certify the results Union, the legislature shall con ments and instrumentalities of the thereof to the President. vene in special session. state government and their respec tive functions, powers and duties Proclamation of Admission; Salaries of Legislators among and within the principal de Assumption of Office Section 17. Until otherwise pro partments pursuant to said section. Section 12. Upon the issuance by vided by law in accordance with If such allocation and grouping the President of a proclamation an Section 10 of Article III, the salary shall not have been completed nouncing the results of said elec of members of the legislature shall within such period, the governor, tion and the admission of this State be as foliows: the sum of two within one year thereafter, by exe to the Union, the officers elected thousand five hundred dollars for cutive order, shall make such allo and qualified shall proceed to ex each general session, the sum of cation and grouping. ercise and discharge the powers and one thousand five hundred dollars duties pertaining to their respec for each budget session and the tive offices. sum of seven hundred and fifty Condemnation of Fisheries dollars for each special session. Section 9. All vested rights in Governor and Lieutenant Governor fisheries in the~ sea waters not in Section 13. The first governor Compensation of Judges cluded in any fish pond or artificial and lieutenant governor shall hold Section 18. Until the legislature inclosure shall be condemned to office for a term beginning with shall otherwise provide under Sec the use of the public upon payment their election and ending at noon tion 3 of Article V, the chief jus of just compensation, which com on the first Monday in December tice, justices of the supreme court pensation, when lawfully ascertain following the second general elec and judges of the circuit courts ed, shall be paid out of any money tion. shall receive as compensation for in the treasury of the State not their services the sums of seven otherwise appropriated. Certification, United States teen thousand five hundred dollars, Senators and Representatives seventeen thousand doliars and fif Section 14. The governor of the teen thousand dollars per annum, FIRST OFFICERS, PROCEDURES State and secretary of state shall respectively, which shall, notwith Elections certify the election of the senators standing the provisions of Article and representatives to the Congress V of this constitution, be subject Section 10. In case the people of in the manner required by law. to increase or decrease by the first the Territory ratify this constitu For this purpose, the lieutenant session of the legislature. tion and the same is approved by governor of this State shall be the duly constituted authority of deemed secretary of state. EFFECTIVE DATE the United States whose approval thereto may be required, the gov First Legislature; Term of Office This constitution shall take effect ernor of the Territory shall, within Section 15. The terms of office and be in full force immediately thirty days after receipt of the of upon the admission of Hawaii into ficial notification of such approval, of the members of the first legisla ture shall be as follows: the Union as a State. issue a proclamation for primary and final elections, as hereinafter Members of the house of repre provided, at which officers for all sentatives shall hold office for a state elective offices provided for term beginning with their election by this constitution shall be nomi and ending on the day of the sec Done In Convention, at lolani nated and elected; but the officers ond general election held there Palace, Honolulu, Hawaii, on so to be elected shall in any event after. the twenty-second day of July, include two senators and two repre Members of the senate shall he in the year one thousand nine sentatives to the Congress, and un divided into two classes. The first hundred fifty, and of the In less and until otherwise required class shall consist of the following dependence of the United by law, said representatives shall number elected with the highest States of America the one be elected at large. number of votes from their respec hundred and seventy-fifth. STATE CONSTITUTION 431 AMENDMENTS TO THE STATE CONSTITUTION The Constitution of the State of Hawaii was amended or otherwise affected in the following manner when three propositions were submitted to the people in accord ance with Public Law 86~3* and adopted by a majority of the legal votes cast on the submission at the primary election held on June 27, 1959. 1. Section 1 of ARTICLE XIII, STATE BOUNDARIES, CAPITAL, FLAG, was amended to contain the language of section 2 of the Admission Act, in lieu of any other language, so that it shall read as follows: “The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.” 2. Article XI, HAWAIIAN HOME LANDS, “shall be deemed to include the provisions of Section 4 of this Act”, which reads as follows: “As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amend ment or repeal only with the consent of the United States, and ih no other manner. Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legisla tion, but the Hawaiian home-loan fund, the Hawaiian home-operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administra tion of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State. legislation, but the qualifications of lessees shall not be changed except with the co:~sent of the United States; and (3) that all proceeds and income from the ‘available lands’, as defined by said Act, shall be used only in carry ing out the provisions of said Act.” 3. Section 8 of ARTICLE XIV, GENERAL AND MISCELLANEOUS PROVISIONS, was amended to contain the language of the third proposi tion submitted to the people, in lieu of any other language, so that it shall read as follows: “All provisions of the Act of Congress approved March 18, 1959 reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people.” 4. Section 10 of ARTICLE XVI, SCHEDULE, was amended to read as follows: “In case the people of the Territory ratify this constitution and the same is approved by the duly constituted authority of the United States whose approval thereto may be required, the governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue a proclama tion for primary and final elections, as hereinafter provided, at which officers for all state elective offices provided for by this constitution and two Senators and one Representative in Congress shall be nominated and elected.” ePublic Law 86-3, 86th Congress, Sb, AN ACT TO PROVIDE FOR THE ADMISSION OF THE STATE OF HAWAII INTO THE UNION, Approved March 18, 1959, at Section 7(b). 432 APPENDICES INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII (Reference is to article and section.) Administration (see Executive and Governor) Conservation — Administrative director to Governor, IV:5 historical and cultural objects, VIII:5 Agricultural resources, conservation and development of, X: 1 natural resources, generally, X:i-5 Agriculture, farms, development of public lands for, X:5 Constitution of the United States, adopted, before Article I Amendments to state constitution, generally, XV:l-4 Constitution, State — Appropriations — amendments, generally, XV: 1-4 budget, VI:4 construction, XIV: 12 control of expenditures, VI:? provisions self-executing, XIV: 14 general appropriations bill, VI:5 revisions, generally, XV:i-4 limited to public purposes, VI:6 Constitutional conventions, generally, XV: 2 post-audit, VI:8 Corporations, public, revenue bonds, VI:3 reduction of expenditures, VI:? Counties — Armed services (see also Militia) — gener ally, VII: 1-5 criminal law proceedings during war, 1:8 bonds, authorization and indebtedness, VL3 enlistment, 1:7 claims accrued, mandated payment prohibited, VII:4 Arms, right to bear, 1:15 intergovernmental relations, XIV: 5 Assembly, freedom of, 1:3 natural resources, ownership and control of, X:2 Auditor, legislative auditor, VI:8 Courts — generally, V: 1-6 Bail, excessive, prohibited, 1:9 administration, V: 5 Bill of Rights, 1:1-20 appeals, V:6 Boards or commissions— circuit (see Circuit court) generally, IV: 6 process, practice and procedure, V:6 natural resources management, X:2 rules and regulations, V:6 Bonds, public — supreme (see Supreme Court) authorization and terms, V1:3 types and jurisdiction, 11:5; V:1 debt limitation, V1:3 Criminal law— improvement bonds, VI:3 accused, rights of, 1:8, ii issuance by Territory approved, XVI:4 bail, 1:9 maturity, VI:3 double jeopardy, 1:8 refunding, VI:3 fines, 1:9 grand jury, 1:8 revenue bonds, V1:3 habeas corpus, 1:13 Boundaries of state, XIII: 1 imprisonment for debt, Li? Budget, formulation and submission, VI:4 indictment, 1:8 jury trial, 1:10, 11 Capital improvements budget, VL4 process, practice and procedure, V:6 Capital of state, XIII:2 punishments, 1:9 Circuit court— self incrimination, 1:8 judges— Cultural objects, conservation and development, VIII: 5 appointment, V:3 assignments for temporary service, V:5 Debt, imprisonment for, prohibited, 1:17 compensation, V:3; XVI:18 Debt limitation, state, VI:3 disqualifications, V:3 Debts and liabilities, Territory to state, XVI:3 qualifications, V:3 Departments (see under Executive) removal. V:3 Discrimination because of race, religion, sex or ancestry retirement, V:3, 4 prohibited, 1:4, 12; IX:i terms of office, V:3 Due process of law, 1:4 territorial, continuance in office, XVI:5 jurisdiction, V:l Education — supreme court service by judges of, V:2 generally, IX:i-5 Cities (see Local government) Board of, appointment, composition, powers, IX:2, 3 Citizens: local school advisory councils, IX:2 arms, right to bear, 1:15 powers of state over, IX: 1 enlistment in military, discrimination prohibited, 1:7 sectarian control prohibited, IX:i rights or privileges secured, 1:6 segregation prohibited, IX:i Citizenship, residence requirements, XVI:? superintendent of public instruction, IX:3, 5 Civil law, process, practice and procedure, V:6 university (see University) Civil rights, 1:1—20 Elections— Civil service, XIV:l absentee voting, 11:4 Common law, jury trials, 1:10 age, qualifications for voting, ILl Congress, United States— constitutional amendments, XV:2, 3 certification of election of members to, XVI:l4 contested, II:5 state representation to, XVI:l0 districts, 111:2; XVI:l STATE CONSTITUTION 433 felons disqualified from voting, 11:2 Hawaiian language, voter qualification, 11:1 first state elections, XVI:10, 11 Health— general, date, 11:5 generally, VIII: 1-5 literacy requirements for voting, 11:1 mentally handicapped, care, VIII:2 reapportionment, 111:3, 4 physically handicapped, care, VIII:2 registration of voters, 11:4 public assistance, VIII:3 residence qualifications for voting, 11:1, 3 sightliness and physical good order, VIII: 5 secrecy of voting, 11:4 slum clearance, VIIL4 special, 11:5 Historical sites, conservation and development, VI11:5 voting methods to be prescribed by legislature, 11:4 Home ownership, development of public lands for, X:5 voting qualifications, 11:1, 2, 3 Honolulu, capital of state, XIII:2 Emergency, bond authorizations for, VI:3 Housing, low income, VIII:4 Eminent domain,~ 1:18 Employees, public (see Public employees) Immunities, special, limitations on, 1:19 Employees’ retirement system, V:3; XIV:2 Impeachment — Enlistment in military, discrimination prohibited, 1:7 Governor and lieutenant governor, IV:4 Equal protection of laws, 1:4 procedure, 111:11, 20 Executive (see also Governor) — Improvements, public improvement bonds, VI:3 gener ally, IV: 1-6 Intergovernmental relations, XIV: 5 departments and boards, organization, IV:6 departments, transitional provisions for allocation of Journal, legislative, III: 13, 14, 18 functions, XVI: 8 Judicial rights, state and federal, XIV:11 officers (see Public officers) Judiciary (see Courts) power, vested in governor, IV:1 Jury— powers of, IV: 5 grand jury, 1:8 service, no disqualification by sex, 1:12 Farms, development of public lands for, X:5 trial by, 1:10, 11 Federal lands (see Lands, federal) Fines, excessive, prohibited, 1:9 Konohiki fishing rights, condemnation of, XVI:9 Fisheries — conservation and development of, X: 1 Labor relations, collective bargaining, XII: 1 sea, condemnation of, XVI:9 Land resources, conservation and development of, X:l sea, public rights to, X:3 Lands— Flag of state, XII1:3 federal— generally, XW:6 Game, conservation and development of, X: 1 Hawaii National Park, XW: 10 Governor— taxation of, XIV:9 generally, IV: 1-6 trust provisions concerning, XIV: 7 absence, IV:4 public— acting, lieutenant governor as, IV:4 control of, generally, X:4 administrative director, appointment of, IV: 5 development for farm and home ownership, X: 5 appointment and removal power, IV:6 undisposed, administration of, XIV:8 budget formulation and submission, VI:4 Law, due process, 1:4 commander in chief of armed forces, IV:5 Laws, continuity of, XVI:2 compensation, IV:3 Legislation, bills — departments, allocation of, if legislature fails to generally, 111:15—18 act, XVI:8 amendment, 111:16 disability, IV:4 amendment after veto, 111:17 disqualifications, IV: 1 appropriation, items subject to veto and reduction, 111:17 duties, generally, IV:5 appropriation, procedure, VI:5 election of, IV:1 certification, 111:16, 17 elections, first state, certification, XVI:11 discharge from committee of, 111:13 impeachment, 111:20; IV:4 enacting clause, 111:15 judges and justices, appointment of, V:3 governor, approval or veto, 111:17, 18 legislative bills, approval or veto, 111:17 governor to submit certain bills, IV:5; VI:4, 5 legislative bills to be submitted, IV:4; VI:4, 5 passage, 111:14-18 legislature, message to, IV:5 readings, 111:16 oath of office, XIV:4 title, 111:15 pardons and reprieves, IV:5 veto, 111:17, 18 powers of, 111:17; IV:5, 6 veto, reconsideration of by legislature after qualifications, IV: 1 adjournment, 111:17 succession to, IV:4 Legislative auditor, VI: 8 term of office, IV:1; XVI:13 Legislature — Grand jury, 1:8 generally, III: 1-20 adjournment, 111:12, 14, 17 Habeas corpus, 1:13 appropriations, VI:4-8; V11:3 Hawaii National Park, jurisdiction and control, XIV:10 auditor, appointment, removal, reports, VI:8 Hawaiian Homes Commission Act, XI:1, 2 ayes and noes, when required, 111:13, 18 434 APPENDICES Legislature (continued) — secretary of Territory, to assume duties of, XVI:6, 14 budget, receipt from governor of, V1:4 succession, IV:4 constituted how, 111:1 term of office, IV:2; XVI:13 constitution, amendments to, XV:2, 3 vacancy, IV:4 contempt of, 111:19 Local government (see also Counties) — courts, establishment and jurisdiction, V:1 generally, VIL1-5 executive officers, suspension or removal, 111:20; IV:6 bonds, public, VI:3 expenses, bill for, priority, VI: 5 charters, V11:2 House of Representatives— powers, V11:1, 2, 3 apportionment, reapportionment, m:3, 4 taxation, VII:3 districts described in Schedule, XVI:1 Local school advisory councils, IX:2 members — Loyalty requirements for public employment, XIV:3 number, 111:3; XVI: 1 qualifications, 111:7 Mentally handicapped, state care, VIII:2 terms, 111:5 Militia (see also Armed services) — members of first state, terms of office, XVI:15 criminal law proceedings during war, 1:8 impeachment, 111:20 enlistment, discrimination prohibited, I:? intergovernmental relations, XIV: S Governor, commander in chief, IV: 5 journal, 111:13, 14, 18 military subordinate to civil power, 1:14 local government, provisions for, V1I:l, 2, 3, 4, 5 quartering of soldiers, 1:16 majority, 111:14 right to bear arms, 1:15 members in general— Mineral resources, conservation and development of, X: 1 attendance, 111:14 censure, 111:13 Natural resources, conservation and development, X: 1-5 compensation, 111:10; XVI: 17 disqualifications, 11I:~, 13 Oath of office, XIV:4 exemption, arrest, speech, 111:8 Officers, public (see Public officers) expulsion, 111:13 Pardons and reprieves, IV:5 oath of office, XIV:4 Parks— privileges, 111:8 generally, VIII: 5 punishment of, 111:13 Hawaii National Park, jurisdiction and control, XIV: 10 qualifications, 111:7, 13 Petition, right to, 1:3 suspension, 111:13 Physically handicapped, state care, V111:2 members of first, terms, XVI:15 Power— officers, selection of, 111:13 civil over military, 1:14 organization, rules, 111:13 political, vested in people, 1:1 powers and duties, generally, m: 1; VII: 5 state power for general welfare, 1:19 punishment of non-members, 111:19 state powers, not limited to those enumerated, XIV: 13 quorum, 111:14 President, United States, statehood proclamation, XVI: 12 roll call, 111:13, 14, 18 Press, freedom of, 1:3 rules, 111:13 Privileges, special, limitations on, 1:19 Senate — Property— confirmation of appointments, IV:6 federal, taxation of, XIV:9 districts, 111:2 private — judges and justices, confirmation of appointment, V:3 eminent domain, 1:18 members — regulation for public purpose, VIII: 5 number, 111:2 qualifications, 111:7 right to acquire and possess, 1:2 terms, 111:5 Public assistance, V111:3 members of first, terms, XVI:15 Public employees — session, first under statehood, XVI:16 civil service, XIV:1 sessions — loyalty requirements, XIV:3 budget, 111:11 oath of office, XIV:4 general, 111:11 organization, XI1:2 length of, 111:11 retirement system, XIV:2 Public lands (see Lands, public) Senate only, 111:11 Public health (see Health) special, 111:11 Public officers— time and place, 111:11 appointment, terms, IV:6 vacancies, 111:6 impeachment, 111:20 Libraries, public, establishment and control, IX: 1 oath of office, XIV:4 Lieutenant governor — territorial, continuance in office, XVI:5 absence, IV:4 Public welfare (see Welfare) compensation, IV:3 duties, IV:2 Race, discrimination prohibited, 1:4, 7; IX:1 election, IV:2 Real property taxation, VI:3 Governor, succession to, salary, IV:3 Religion — impeachment, 111:20, IV:4 discrimination prohibited, 1:4, 7 qualifications, IV:2 freedom of, 1:3 STATE CONSTITUTION 435 Residence requirements for citizenship, XVI:? composition, V:2 Revenue bonds, VI:3 jurisdiction, V:l Rights — justices— Bill of, 1:1-20 appointment, V: 3 construction of, 1:20 compensation, V:3; XVI: 18 judicial, state and federal, XIV:11 disqualifications, V:3 Rights of citizens, 1:6 incapacity, retirement for, V:4 Rights of man, 1:2 qualifications, V:3 removal, V:3 Schools (see Education and University) retirement, V:3, 4 Searches and seizures, 1:5 terms of office, V:3 Secretary of Territory, duties to devolve upon lieutenant territorial, continuance in office, XVI:5 governor, XVI:6, 14 legislature, reapportionment, mandamus, III: 4 Segregation prohibited, 1:7; IX:1 rules and regulations for courts, V:6 Sex— discrimination prohibited, 1:4 Taxation — jury service, discrimination prohibited, 1:12 generally, VI:1-4, 6 Slum clearance, VIII:4 federal lands and property, XIV:9 Sovereignty, vested in people, 1:1 limited to public purposes, VI:6 Special privileges or immunities, limitations, 1:19 local government pqwers, VII:3 Speech, freedom of, 1:3 non-resident citizens, VI:2 State— power inalienable, VI: 1 boundaries, XII1:1 real property, VI:3 capital, XIII: 2 Territory, transition to state, general provisions, XVI:2-18 first state officers, assumption of office, XVI: 12 first state officers, election, XVI:l0 University— flag, X1I1:3 Board of Regents, IX: S powers, not limited to those enumerated, XIV: 13 establishment, IX:4 proclamation, procedure and effect, XVI:11, 12 president, IX:5 transition from Territory, general provisions, XVI:2-18 Suffrage (see Elections) Voting (see under Elections) Superintendent of public instruction, IX:3, 5 Supreme court— Water resources, conservation and development, X: 1 administrative director, V: 5 Welfare— administrative head, chief justice as, V:5 generally, 1:9; VIII:1—5 chief justice, appointment, V:3 housing, low income, VIII:4 chief justice, vacancy or absence, V:2 public assistance, VIII:4 circuit court judge to serve when, V:2 Women, jury service, 1:12 INDEX Note: This is an index to the materials contained in Aliens, naturalization bill in Congress endorsed: (R. 38) Sections A and B of this volume. The indexing is according 36:60, 151—152 to general subject matter; references to individual delegates Aliens, rights of, proposal on: (P. 96) 21:47; (SCR 34) of the Constitutional Convention have been minimized. Num 42:67, 173 bers preceding colon indicate Convention day. Frequent Amendments to State Constitution: (P. 119) 26:52; (P. 170) references are made to committee reports, communications, 32:57; (SCR 48 and CP 9) 48:74, 186-189; 49:75; and other documents contained in Section B because much of 53:87; (CWR 9) 61:100, 312—315; (SCR 109) 69:112, the substantive discussion of important problems before the 266—267; (3d reading) 73:119 Convention is to be found in these materials. The following American Federation of Labor — abbreviations are used in the index: Central Labor Council— authorized representatives: (Misc. 7) 8:21, 370 CP Committee Proposal initiative and referendum: (Misc. 24) 14:36, 373 support of committee proposal on right to organize: CWR Committee of the Whole Report (Misc. 107) 60:96, 389; 60:97 DC Departmental Communication union label to be affixed on printed copies of proposed Constitution: (Misc. 117) 77:130, 391; (SCR 139) GM Governor’s Message 79:143, 295 Misc. Miscellaneous Communication American Legion, Department of Hawaii, comment on Delegate Frank G. Silva: (Misc. 16) 11:29, 372 P. Proposal Andrews, Joseph E., condolence extended upon death of: Pet. Petition (R. 43) 53:85-86, 153; (MIsc. 125) 78:132, 392 Appropriations — R. Resolution budget: (SCR 51) 191-199; (CWR 18) 327—331; (SCR 122) SCR Standing Committee Report 275-276 centralized purchasing provision deleted: (CWR 18) 330 SpCR Special Committee Report control over expenditure: (CWR 18) 328 general appropriations bill: (SCR 51) 193-194; (CWR 18) 327; (SCR 122) 275 Accounts, Committee on, reports: (SCR 3) 14:37, 156-157; legislative power over: (CWR 18) 327 (8CR 138) 79:136, 294—295 limited to public purposes: (P. 73) 13:35; (SCR 44) Accounts of Convention (see Convention, appropriations for) 45)70, 179; (SCR 51) 194 Actions and process, proposals on: (P. 177) 33:58; Appropriations for Convention (see Convention, appropria (P. 180) 33:58; (P. 183) 33:58; (SCR 68) 49:78, 223 tions) Addresses to Convention— Arashiro, Matsuki, appointed delegate: (GM 4)15:38, 363 Farrington, Joseph R., Delegate to Congress: 3:8-il; Archives, Constitutional provision for suggested: (DC 9) 79:137—138 32:55, 369 King, Samuel Wilder, President of Convention: 79:136-137 Area of State (see Boundaries of State) Long, Oren E., Secretary of Hawaii: 1:1—2; 78:132; Armory (see Convention Hall) 79:141-143 Asliford, S. H. H., Molokai district court magistrate, House Schinicky, P. H., Chairman of the Korean National representation: (Misc. 113) 69:110, 390; 69:112; Assembly: 4:13-14 70:114; 71:117; 72:117; (CWR 24) 76:124, 340 Stainback, Ingram M., Governor of Hawaii: 1:6, 361-362 Attorney General, Territorial, appreciation for assistance: Administrative director, Governor’s office: (SCR 67-A) 218; (Misc. 110) 62:102, 389 (CWR 17) 325 Attorney General, Territorial, informing Convention on Agriculture, Constitutional provisions for: (SCR 78 and land law provisions: (DC 11) 66:107, 369; (SCR 129) CP 27) 53:87, 231—235; 58:94; (CWR 22) 73:118—119, 77:128, 280 335—337; (SCR 124) 76:123. 278—279; 77:128; (3d Auditor, Constitutional provision for: (SCR 51) 197-199; reading) 77:129 (CWR 18) 70:113, 330; (SCR 122) 276 Agriculture, proposals on: (P. 103) 24:50; (P. 108) 25:51; Auditor, post auditing, proposal on: (P. 79) 13:35; (SCR (P. 134) 31:55; (SCR 78) 53:87, 231—232; (P. 131) 44) 45:70, 180 29:53; (SCR 52) 49:76, 205; (CP 27) 53:87; (CWR 22) Auditor. Territorial, appreciation for assistance: (Misc. 73:119, 335—337 110) 62:102, 389 Agriculture, Board of. University Board of Regents, to be Azuma, Dr. Ryutaro, president, A.A.U. of Japan: 20:45 represented on: (CWR 10) 61:100, 316 Agriculture, Conservation and Land Commiftee, member ship increased: (Misc. 5) 6:17, 370; (SCR 1) 7:18, 155 Bank examiner, Territorial deputy, appreciation for Alaskan statehood, reasons for its early consideration by assistance: (Misc. 110) 62:102, 389 Congress discussed: 79:138 Banks, proposal on: (P. 150) 32:56; (SCR 95) 61:101, 259 437 438 CONVENTION JOURNAL AND DOCUMENTS Bill of Rights — Circuit courts, Constitutional provision for: (SCR 37 and Chamber of Commerce of Honolulu report on: (Misc. 85) CP 7) 43:69, 173—176; (CWR 8) 60:98, 307—312; 32:55, 384 61:99; (SCR 100) 64:104, 260—262 Constitutional provisions for: (SCR 20 and CP 3) 36:61, Circuit courts, proposals on: (P. 15) 7:19; (P. 124) 29:53; 164-166; 42:67; (SCR 24 and CP 4) 38:63, 166- (SCR 37) 43~69, 176 167; 43:68; 45:71; (CWR 5) 53:86, 299—305; City Planning Commission, approving of language of housing (SCR 88) 57:93, 243—245; 60:98; (3d reading) 61:99 provisions: (DC 10) 50:79, 369 proposals on: (P. 4) 5:17; (P. 42) 10:28; (P. 44) 10:28; Civil service (see also Public employees)— (P. 62) 12:32; (P. 63) 12:32; (P. 71) 13:35; (P. 83) Constitutional provision for: (SCR 57 and CP 16) 49:76, 14:37; (P. 86) 15:39; (P. 89) 18:43; (P. 93) 19:45; 208—209; 50:80; 54:89; 62:102; 63:102; (CWR 11) (P. 97) 21:47; (P. 105) 24:50; (P. 106) 24:50; 64:106, 317-318; (SCR 123) 75: 122, 277; (3d reading) (P. 138) 31:55; (P. 139) 31:55; (P. 159) 32:56; 76: 123 (P. 161) 32:56; (P. 162) 32:57; (P. 195) 33:59; proposals on: (P. 72) 13:35; (P. 123) 29:53; (SCR 57) (SCR 23) 37:62, 166; (SCR 34) 42:67, 172-173; 49:76, 209; (P. 174) 33:58; (SCR 66) 49:77, 215 (SCR 70) 51:83, 225; (SCR 79) 53:87, 235—236 Coin, special statehood coin proposed: (R. 44) 63:103, 153; Birthstone, official state: (R. 29) 15:39, 150; 54:89; (SCR (~CR 114) 73:118, 270 55) 55:76, 208; 56:92; 62:102; 63:102; 64:105; 68:109; Color, official state: (R. 29) 15:39, 150; 54:89; (SCR 55) 69:111; 70:114; (CWR 14) 70:115, 320-321 55:76, 208; 56:92; 62:102; 63:102; 64:105; 68:109; Bonds, public, continuance of, proposal on: (P. 179) 33:58; 69:111; 70:114; (CWR 14) 70:115, 320—321 (SCR 68) 49:78, 223 Committee, Special, to confer with Congress on statehood Bonds, public, debt limitation: (P. 76) 13:35; (SCR 44) bill land provisions: (R. 55) 79:137, 141, 155 45:70, 180; (Misc. 82) 31:54, 383; (SCR 42) 45:70, Committee, Special, to draft resolution in re Delegate 179; (SCR 51) 195-197; (CWR 18) 327—331 Kageyama’s resignation: 5:16, 17 Boundaries of state: (P. 53) 11:29; (P. 125) 29:53; (SCR Committee, Special, to investigate qualifications of Dele 18) 35:59, 161—162; (SCR 106) 66:107, 265; (SCR 56 gate Frank G. Silva: 8:20-21, 22; 10:24-25 and CP 15) 49:76, 208; 50:80; 54:89; 62:102; 63:102; Committees, Standing— 64:105; (CWR 11) 64:106, 317; (SCR 111) 70:114, 268; membership: 4:0; 6:18; 7:19; 9:24; 16:40; 42:67; (3d reading) 72:117 76:127; 77:130; 78’136; 79:143 Boys’ and Girls’ Week, endorsement of: (R. 32) 17:42, meetings and reports, scheduling of: 26:52; 29:54; 150—151; (SCR 8) 18:43, 158 38:63 Brown, Roy E., appreciation for assistance: (Misc. 108) public hearings on neighbor islands: (R. 20) 9:23-24, 148; 62: 102, 389 (SCR 4) 14:37, 157; (SCR 7) 18:43, 157—158 Bryan, Delegate Edward C., support of large legislature: reports, deadline: (R. 35) 27:52, 151; (SCR 15) 29:53, (Misc. 128) 78:135, 392 159; 38:63 Budget (see also Appropriations) — reports, deadline extensions: 38:63; 42:67; 45:71; executive, legislative power not to increase deleted: 46:71-72; 49:79; 50:81; 51:83; 52:85; 54:89; (CWR 18) 327 56:92; 59:96 formulation and submission: (SCR 51) 192, 198; (CWR Secretary of Convention as ex-officio member: (R. 10) 18) 327 4:14, 147 proposals on: (P. 74) 13:35; (P. 75) 13:35; (SCR 44) Communism, anti-communist resolution by Hawaii Residents’ 45:70, 180 Association: (Misc. 76) 23:49, 382-383 Budget director, Territorial, appreciation for assistance: Communism, control provisions suggested: (Misc. 88) 33:58, (Misc. 110) 62:102, 389 385; (SCR 30) 41:65, 168; (SCR 39) 44:69, 176; (SCR 71) 51:83, 226; (filed SCR 96) 61:101, 259 Communist party, outlawing of suggested: (Misc. 26) 14:37, Capital improvements, budget: (SCR 51) 192:193; (CWR 18) 373; 43:68; (SCR 72) 51:83, 227; 53:87 327 Condemnation, excess, proposal on: (P. 77) 13:35; (SCR 44) Capital of state: (P. 65) 12:32; (SCR 53 and CP 12) 49:76, 45:70, 180 206—207; 50:79; 54:89; 62:102; 63:102; 64:105; Congress, U.S.— 68:109; (CWR 13) 70—114, 319; 71:115, 116; 74:120; House of Representatives, Un-American Activities (CWR 13, RD2) 74:121, 320; (SCR 123) 75:122, 277; Committee: 9:22; 11:30; (Misc. 58) 19:44, 380 (3d reading) 76:123 naturalization bill endorsement sent to: (R. 38) 36:60, 151 Capital of state, site on island other than Oahu: (R. 15) public lands disposition, Special committee to consult 7:19, 147; (SCR 53) 49:76, 206—207 on: (R. 55) 79:137, 155 Capital of state, site on Oahu: (R. 23) 11:30, 149; (SCR 53) Senate Committee on Judiciary, acknowledging receipt of 49:76, 206-207 Resolution No. 38: (Misc. 119) 78:132, 391 Censors, Board of, proposal on: (P. 23) 8:21; (SCR 95) Senate urged to consider Hawaiian statehood before 61:101, 258 adjournment: (R. 54) 78:135, 155 Chamber of Commerce of Honolulu— statehood bill, amendments requested: (R. 17) 9:23, 148; Bill of Rights report: (Misc. 85) 32:55, 384 (R. 18) 9:23, 148; (SCR 22) 37:62, 166; (R. 19) congratulations to delegates: (Misc. 116) 77:130, 390 9:23, 148; 10:29; (SCR 72) 51:72, 226-227; 53:87; education committee formation urged: (DC 3) 3:13, 363 (R. 21) 11:30, 148; (SCR 33) 47:73, 169—172: (R. 33) general welfare report: (Misc. 85) 32:55, 384 20:46, 155; 21:47; (SCR 78) 53:87, 231—235 Hawaiian Homes Commission Act retention urged: (Misc. Conservation, proposals on: (P. 19) 7:19; (SCR 16) 31:54, 84) 32:55, 384 159; (P. 103) 24:50; (P. 108) 25:51; (SCR 78) 53:87, Chapman, Oscar L. (see Interior, U. S. Secretary of) 23 1—235 Chavez, U. S. Senator Denis. statehood cablegram sent to: Conservation of natural resources, Constitutional provision (Misc. 115) 77:128. 390; 78:132. for: (SCR 78 and CP 27) 53:87, 231-235; 58:94; INDEX 439 59:95—96; 70:114; (CWR 22) 73:119, 335—338; (SCR Lanai as separate county: (pet. 1) 16:40, 393; (Pet. 2) 124) 76:123, 278-279; 77:128; (3d reading) 77:129 16:40, 393; (Pet. 4) 16:40, 393; (Pet. 5) 19:43, Constitution, State — 394; (Pet. 6) 19:43, 394; (Pet. 7) 19:43, 394; amendments and revisions: (P. 119) 26:52; (P. 170) 32:57; (Pet. 14) 25:51, 395; (Pet. 15) 25:51, 395; (Pet. 16) (SCR 48 and CP 9) 48:74, 187—189; 49:75; 53:87; 25:51, 396; (Pet. 17) 25:51, 396; (Pet. 18) 25:51, (CWR 9) 61: 100, 312-315; (SCR 109) 69:112, 266-267; 396; (Pet. 19) 28:53, 396; (Pet. 23) 39:64, 397; (3d reading) 73:119 (Pet. 24) 39:64, 397; (Pet. 25) 39:64, 398; (R. 22) articles, order of, suggested plan distributed: 78:134 11:30, 149; (R. 37) 29:53, 151; (Misc. 27) 15:39, constitutional conventions: (SCR 48) 186-189 374-375; (Misc. 90) 35:59, 385; (Misc. 95) 39:64, effective date, proposal on: (P. 136) 31:55; (SCR 68) 386—387; (SCR 74) 51—83, 228—230 49:78, 223 proposals on: (P. 111) 25:51; (P. 115) 26:52: (P. 153) final draft — 32:56; (P. 167) 32:57; (P. 186) 33:58; (P. 187) adoption, vote on: 79:140-141 33:58; (P. 188) 33:58; (SCR 74) 51:83, 228—230 circulated: 78:134—135 Courts (see also Judiciary and under name of specific presentation to Governor: 79:141 court) — signing of: 78:133, 135; 79:139—140 Constitutional provisions for: (SCR 37 and CP 7) 43:69, Style Committee report: (SCR 137) 79:139, 290—294 173—176; 44:69; 48:74; 49:78; 51:82-83; (CWR 8) printing of, union label to be affixed: (5CR 139) 79:143; 60:98, 307-312; 61:99; (SCR 100) 64: 104, 260-262; (Misc. 117) 77:130, 295 69:111; 77:129; (3d reading) 77:130 ratification: (5CR 48) 186-189 witnesses, detention of: (CWR 5) 302 submission to electorate for adoption or rejection: Criminal offenses, proposal on: (P. 180) 33:58; (8CR 68) (R. 53) 78:135, 155 49:78, 223 submission to Territorial legislature to be eliminated: Criticism of Convention proceedings refuted by President: (R. 17) 9:23, 148; (R. 18) 9:23, 148; (SCR 22) 68: 108 37:62, 166 Cushing’s Manual of Parliamentary Practice, purchase of: subtitles not to be considered in interpreting: 77:13 1 (R. 12) 5:17, 147; 13:36; (R. 26) 13:36, 149; (8CR 5) Constitution, U. S., adopted: (P. 157) 32:56; (SCR 68) 37, 157 49:78, 224; (R. 3) 1:6, 146; (SCR 137) 79:139, 290-294 Daughters and Sons of Hawaiian Warriors, Hawaiian Homes Constitution, U. S., certain provisions incorporated: Commission Act retention: (Misc. 86) 32:55, 384 (SCR 20) 164-165 Debt, penalties for: (CWR 5) 302; (SCR 20) 165 Constitutional conventions, proposals on: (P. 34) 9:23; Debt limitation: (P. 76) 13:35; (SCR 42) 45:70, 179; (SCR (SCR 49) 48:74, 189—190; (P. 49) 11:29; (SCR 31) 44) 45:70, 180; (SCR 51) 195-197; (CWR 18) 329—330 41:65, 168—169; (SCR 95) 61:101, 258—259; (P. 104) 24:50; (SCR 48) 48:74, 186—189 Debt limitation, Joint Tax Study Committee statement on: (Misc. 106) 56:92, 389 Convention — appropriations for: (DC 4) 4:15, 364; (R. 40) 36:61, 152; Debts, fines, and forfeitures, proposal on disposition of: (R. 41) 41:66, 152; 55:89; 60:96; 61:101; (GM (P. 158) 32:56; (SCR 68) 49:78, 224 5) 63:103, 363; (SCR 138) 79:136, 294-295 Debts, Territorial, assumed by state: (SCR 70) 226 Defense, U.S. Secretary of, acknowledging receipt of convening, time of: 1:7 delegates (see Delegates) resolution: (Misc. 126) 78:132, 392 journal, publication costs to be borne by subsequent Delegate to Congress from Hawaii, Joseph R. Farrington— addresses by: 3:8—9; 79:137-138 legislation: (SCR 3) 14:37, 156 requests to: (R. 17) 9:23, 148; (SCR 22) 37:62, 166; minutes, approval of by President and Secretary: 2:7 officers and employees (see Officers and employees) (R. 38) 36:60, 151; (Misc. 96) 45:70, 387 Delegates— proceedings recorded on tape: 77:131 absences granted to attend statehood hearings: (R. 28) proceedings, weekly summaries to be prepared: (SCR 2) 14:38, 150 11:31, 156 appointment of new delegates to fill vacancies: (GM 2) Convention hall, acoustics: 4:15 7:18, 362; (GM 4) 15:38, 363 Convention hall, safety check: (DC 7) 9:23, 364 expulsion: (GM 3) 14:36, 362 Cooke, George P., presentation of gavel to Convention loyalty oaths: 1:3 President: 1:5 oath of office: 1:3 Cooper, Clifford, president, U.S. Junior Chamber of official seating of: (R. 1)1:2—3, 145 Commerce: 37:62 party for, proposed: 8:22 Cooperative Extension Work in Agriculture and Home Econo photograph of: (R. 24) 11:30, 149; 36:60; 37:62; 42—66 mics, appreciation for recognition of 4-H delegates: resignation: (Misc. 4) 5:16, 370; (GM 2) 7:18, 362 (Misc. 111) 69:110, 390 signatures preserved in official register: (R. 7) 3:12, Corporations, proposal on: (P. 150) 32:56; (SCR 95) 61:101, 146 258—259 Council of Hawaiian Civic Clubs on Oahu, Hawaiian Homes Democratic Party of Hawaii, Hawaiian Homes Commission Commission Act hearings: (Misc. 31) 15:39, 376 Act support: (Misc. 100) 48:73, 387 County government — Discrimination because of race, religion and ancestry Constitutional provision for: (SCR 74 and CP 26) 51:83, prohibited: (SCR 20) 164-166; (SCR 24) 166—167 228—230; 54:89; 60:97; 61:101; 62:101; 71:116; District courts, proposal on: (P. 15) 7:19; (SCR 37) 43:69, (CWR 21) 71:116, 332—335; (SCR 113) 72:118, 269- 173—176 270; (3d reading) 73:119 home rule: (SCR 84) 55:90. 242-243; 56:92; 60:97; Economic development: (P. 114) 26:52; (SCR 78) 53:87, (SCR 91) 60:97, 246-249; 61:101; 62:101; 71:116 231-235; (SCR 79) 235-240 440 CONVENTION JOURNAL AND DOCUMENTS Education — department heads, proposal on: (P. 22) 8:21; (SCR 67) agricultural, proposal on: (P. 131) 29:53; (SCl~ 52) 49:78, 218; (SCR 125) 76:123, 279 49:76, 204 departments: (SCR 67) 217-218; (SCR 67-C) 220-221; committee on, urged: (Misc. 2) 1:7, 370; (DC 3) 3:13, (CWR 17) 322-327 363—364 proposals on: (P. 21) 7:19; (P. 94) 20:46; (SCR 13) Constitutional provision for: (SCR 52 and CP 11) 49:76, 22:48, 158; (P. 109) 25:51; (P. 143) 32:56; (P. 201—206; 50:79; 54:89; 55:90; 56:91; (CWR 10) 145) 32:56; (P. 169) 32:57; (SCR 67) 49:78, 61: 100, 317; (SCR 104) 66:107, 264—265; (3d 215-218; (SCR 74) 51:83, 229 reading) 69:111 removal power: (CWR 23) 339 cultures of ethnic groups: (SCR 52) 204 Expenses of Convention. (see Convention, appropriations for) English standard schools: (SCR 52) 204 financing of: (SCR 52) 204; (CWR 10) 316 Farrington, Joseph R. (see Delegate to Congress from junior colleges: (CWR 10) 316 Hawaii) language schools: (SCR 52) 204 Felony, construction of term as a disqualification for local school advisory councils: (SCR 52) 202; (CWR 10 voting: 61:99-100 316 Filipinos, mass meeting on unemployed: (Misc. 34) 16:40, private schools: (SCR 52) 204 376; (Misc. 71) 21:47, 381 proposals on: (P. 1) 4:16; (P. 2) 5:16; (P. 10) 6:17; Finance, public (see also Taxation) — (P. 32) 8:22; (P. 57) 12:31; (P. 64) 12:32; (P. 66) borrowing powers (see Debt limitation) 12:34; (P. 110) 25:51; (P. 117) 26:52; (P. 118) centralized purchasing provision deleted: (CWR 18) 330 26:52; (P. 120) 26:52; (P. 131) 29:53; (P. 149) Commissioner of: (SCR 51) 191-192 32:56; (P. 163) 32:57; (P. 164) 32:57; (P. 165) Constitutional provision for: (SCR 51 and CP 10) 49:76, 32:57; (SCR 52) 49:76, 201-206 191-201; 50:79; 54:89; 56:91—92; 57:92-93; 58:94; school plant responsibility: (SCR 52) 203-204; (CWR 59:95; 60:97; (CWR 18) 70:113, 327-330; (SCR 10) 316 122) 75:121-122, 275-277; (3d reading, 76:123 segregation prohibited: (SCR 52) 204; (SCR 70) 226; Hawaii Education Association proposal: (Misc. 32) 15: (CwR 26) 354 39, 376; (SCR 6) 16:41, 157 Superintendent of public instruction: (SCR 52) 202-203; proposals on: (P. 7) 6:17; (P. 13) 6:18; (P. 76) 13:35; (CWR 10) 316 (P. 78) 13:35; (P. 81)13:36; (P. 140) 31:55; university (see University) (P. 141) 31:55; (Misc. 93) 35:60, 386; (SCR 44) Education, Board of, appointment vs. election: (SCR 52) 202 45:70, 179-181 Education, Board of, geographic representation: (CWR 10) purchasing methods, proposal on: (P. 78) 13:35; (SCR 3 16—3 17 44) 45:70, 180 Elections — Fines, proposal on: (P. 158) 32:56; (SCR 68) 49:78, 222, Constitutional provisions for: (SCR 39 and CP 8) 44:69, 224 176—178; 49:78; 51:82—83; 57:93; (CWR 7) 57:93, Fire Department, Honolulu, safety check of Convention hall: 306—307; (SCR 89) 59:95, 245-246; (3d reading) (DC 7) 9:23, 364 61:99—100 Fish and game: (SCR 78) 23 1-235 primary election provision deleted: (CWR 7) 57:93, 307 Fishing rights and fisheries: (P. 91) 18:43; (SCR 78) proposals on: (P. 33) 8:22; (P. 40) 10:28; (P. 82) 13:36; 53:87, 231-235; (SCR 124) 76:123, 278-279; 77:129 (P. 84) 14:37; (SCR 39) 44:69, 176—178 Flag, Hawaiian, history of: (CWR 11) 317 transition provisions: (SCR 73 and CP 25) 51:83, 227-228; Flag, Hawaiian, to be sent to state governors: 8:22 54:89; 68:109; 73:120; 74:120; 75:121-122; 77:127; Flag of state: (R. 29) 15:39, 150; (SCR 54 and CP 13) (CWR 27) 77:128, 357—359; (SCR 135) 78:133, 286— 50:79, 207; 54:89; (SCR 55) 55:76, 207—208; 62:102; 294; (3d reading) 78:134 63:102-103; 64:105; (CWR 11) 64:105—106, 317; 68: Employees of Convention (see Officers and employees) 109; 69:111; (SCR 111) 70:114, 268; (CWR 14) 70:115, Employees’ Retirement System, proposal on: (P. 129) 29: 320—321; (3d reading) 72:117 53; (SCR 44) 45:70, 180 Flags of states— Employees’ Retirement System, provision for: (CWR 18) display of: 19:45; 20:45; 24:50; 30:54; 32:57; 35:60; 330; (SCR 122) 277 44:70; 61:99; 63:102; 75:121 Employment, full, proposal on: (P. 191) 33:59; (SCR 79) request for and disposition of: (R. 6) 2:8, 146; (R. 39) 53:87, 237—238 36:61, 152; (SCR 133) 77:131, 284 Equal protection of laws, proposal on: (P. 194) 33:59; responses from— (SCR 34) 42:67, 173 Alabama: (Misc. 49) 19:44, 378 Equal rights: (CWR 11) 64:106, 318; (5CR 65) 214; (5CR Arkansas: (Misc. 15) 10:24, 372 111) 268—269 California: (Misc. 10) 9:23, 371; (Misc 77) 25:51, 383 Ewa Hawalian Civic Club, public hearing requested on Colorado: (Misc. 91) 35:59, 386 Hawaiian Homes Commission Act: (Misc. 22) 14: Connecticut: (Misc. 80) 30:54, 383 36, 373 Delaware: (Misc. 35) 16:40, 376 Executive (see also Governor)— Florida: (Misc. 67) 20:46, 381 boards, adjudication and advisory: (SCR 67-B) 218-219 Georgia: (Misc. 79) 30:54, 383 clemency, proposal on: (P. 145) 32:56; (SCR 67) 49: Idaho: (Misc. 6) 7:18, 370 78, 218 illinois: (Misc. 14) 10:24, 371 Constitutional provision for: (SCR 67 and CP 22) 49:78, Iowa: (Misc. 61) 20:46, 380; (Misc. 62) 20:46, 380 215—222; 50:81; 54:89; 57:93—94; 58:94; (CWR Louisiana: (Misc. 41) 18:42, 377 17) 69:110—111, 322—327; (SCR 119) 74:120, Maine: (Misc. 37) 16:41, 377; (Misc. 66) 20:46, 381 271—274; (CWR 23) 75:121, 338-339; 76:122, 126; Maryland: (Misc. 43) 18:42, 377; (Misc. 81) 30:54, (3d reading) 76:126 383 INDEX 441 Michigan: (Misc. 44) 18:42-43, 377; (Misc. 45) 18:43, 378 term, first alter statehood: (CWR 27) 357-359 Minnesota: (Misc. 54) 19:44, 379; (Misc. 55) 19:44, 379 vacancy when: (CWR 17) 323, 326 Missouri: (Misc. 17) 13:35, 372; (Misc. 21) 14:36, 373 veto: (SCR 92) 252, 255 Montana: (Misc. 33) 16:40, 376 Guests of Convention— Nevada: (Misc. 64) 20:46, 380; (Misc. 65) 20:46, 380 Azuma, Ryutaro, president, A.A.U. of Japan: 20:45 New Hampshire: (Misc. 42) 18:42, 377 Cooper, Clifford, president, U.S. Junior Chamber of New Mexico: (Misc. 20) 14:36, 372 Commerce: 37:62 New York: (Misc. 52) 19:44, 379 Hayes, Mrs. John E., president, National P.T.A.: 67:107 North Carolina: (Misc. 36) 16:40-41, 376 McDonnell, Major General Gerald M., medical advisor to Oklahoma: (Misc. 11) 9:23, 371 Special weapons project: 36:60 Oregon: (Misc~ 56) 19:44, 379 McMorris, Mmiral Charles H., Commandant, 14th Naval Pen~isylvania: (Misc. 51) 19:44, 378 District: 7:19 Puerto Rico: (Misc. 18) 13:35, 372 Ntnomiya, Tokuma, Ministry of Education, Japan: 23:49 Tennessee: (Misc. 8) 8:21, 371 Yamaguchi, Yoshiko, artist from Japan: 15:39 Utah: (Misc. 60) 20:46, 380; (Misc. 122) 78:132, 391 Yamamoto, Mrs. Miyeko, P.T.A., Japan: 23:49 Virginia: (MIsc. 38) 16:41, 377; (Misc. 50) 19:44, 378 Guests of Convention, signatures preserved in official Washington: (Misc. 63) 20:46, 380 register: (R. 7) 3:12, 146 West Virginia: (Misc. 48) 19:44, 378 Wisconsin: (Misc. 75) 23:49, 382; (Misc. 123) 78:132, Habeas corpus, reference under power of governor to sus 391 pend deleted: (CWR 17) 324 Wyoming: (Misc. 53) 19:44, 372 Halau 0 Keliiahonui Hale 0 Na Alii 0 Hawaii, Hawaiian Flower, official state: (R. 29) 15:39, 150; 54:89; (SCR 55) Homes Commission Act retention: (Misc 57) 19:44, 55:76, 208; 62:102; 63:102-103; 64:104-105; 68:109; 379 69:111; 70:114—115; (CWR 14) 70:115, 320—321 Hawaii Education Association — Fong, Delegate Hiram L., condolence on death of brother: education committee formation urged: (Misc. 2) 1:7, 370 (R. 14) 7:19, 147; (Misc. 47) 19:44, 378 greetings to Convention: (Misc. 1) 1:7, 370 Foreigners, rights included in Bill of Rights, proposal on: initiative and referendum, report on: (Misc. 25) 14:36, (P. 42) 10:28; (SCR 34) 42:67, 172 373 Forests (see also Conservation of natural resources): taxation and finance proposals: (Misc. 32) 15:39, 376 (SCR 78) 231-235 (SCR 6) 16:41, 157 Forfeitures, proposal on: (P. 158) 32:56; (SCR 68) 49:78, 222 Hawaii Housing Authority, language of housing provision: 4-H Club delegation, guests at Convention: 60:96; (Misc. (Misc. 72) 22:48, 382 111) 69:110, 390 Hawaii Residents’ Association, anti-communist resolution Franklin, Benjamin, letter of, circulated: 77:131 presented: (Misc. 76) 23:49, 382 Future Farmers of America, statehood endorsement: (Misc. Hawaii Residents’ Association, appreciation for courtesies 30) 15:39, 375 extended: (Misc. 101) 20:79, 388 Hawaiian Civic Club for Women of Hawaii, Hilo, Hawaiian Goto, Baron, talk on 4-H club activities: 60:96 Homes Commission Act retention: (Misc. 70) 21:47, Government, right to change, proposal on: (P. 43) 10:28; 381 (SCR 34) 42:67, 172 Hawaiian Civic Clubs on Oahu, Hawaiian Homes Commission Governmental powers, proposal for distribution of: (P. 100) Act hearings: (Misc. 31) 15:39, 376 23:49; (SCR 62) 49:77, 210—211 Hawaiian Homesteaders, Council of, invitation to luau: Governor of Hawaii, Ingram M. Stainback— (Misc. 104) 56:91, 388 appropriations for Convention: (R. 40) 36:61, 152; Hawaiian Homesteaders, Council of, urging defeat of Resolu (R. 41) 41:66, 152; (GM 5) 63:103, 363 tion Nos. 19 and 21: (Misc. 23) 14:36, 373 congratulations to Convention: (GM 6) 79:137, 363 Hawaiian Homes Commission Act— opening address to Convention: (GM 1) 1:6, 361-362 amendments by Congress requested: (R. 19) 9:23, 148; “Statehood Day” as holiday requested: (R. 31) 16:41, 10:29; (SCR 33) 47:73, 169-171; (CWR 3) 48:74, 150; (SCR 59) 49:77, 210; 50—80; 51:84 299 Governor of state (see also Executive)— consent of Congress for amendment: (Misc. 99) 46:72, acting: (SCR 67) 216; (SCR 67-C) 219 387; (SCR 126) 76:125, 280 administrative director (manager): (Scr 67-A) 218; Constitutional provision for: (SCR 33 and CP 6) 42:66, (CWR 17) 325, 327 376; 43:68; 47:73; (CWR 3) 48:74, 299; (SCR 76) budget formulation and execution: (SCR 51) 191, 198 53:85, 230-231; (3d reading) 55:90 Constitutional provision for office of: (SCR 67 and CP 22) hearings, public: (Misc. 22) 14:36, 373; (Misc. 31) 49:78, 215-222; 50:81; 54:89; 57:93-94; 58:94; 15:39, 376 (CWR 17) 69:110—111, 323—327; (SCR 119) 74:120, hearings on neighbor islands: (SCR 10) 19:44, 158; 271-274; (CWR 23) 75:121, 338—339; 76’122-l23, (SCR 12) 22:48, 158; 23:50 126; (3d reading) 76:126 history and philosophy of: (SCR 33) 169-172 election, tie vote: (CWR 23) 338 legality of, discussed: (CWR 5) 300 impeachment: (SCR 92) 253; (SCR 130) 284; (CWR 17) petitions to exclude from Constitution: (Pet. 4) 17:248; 326; (CWR 24) 345—346 (SCR 10) 19:44, 158; (SCR 12) 22:48, 158; 23:50; pardons before conviction: (CWR 23) 338 (Pet. 8) 19:264; (Misc. 68) 20:46, 381; (Pet. 9) pardons, power to grant in cases of impeachment: 76:126 19:265; (Pet. 10) 19:266; (Pet. 11) 19:267; (Put. proposals on: (P. 21) 7:19; (P. 94) 20:46; (SCR 13) 12) 19:267; (Pet. 13) 19:268 22:48, 158; (P. 109) 25:51; (P. 143) 32:56; (P. 145) petitions to include in Constitution: (Pet. 20) 32:55, 32:56; (P. 169) 32:57; (SCR 67) 49:78, 215—222; 397; (Pet. 21) 33:57, 397; (Pet. 26) 42:66, 398; (SCR 74) 51:83, 228-230 (SCR 126) 76:125, 280 442 CONVENTION JOURNAL AND DOCUMENTS Hawaiian Homes Commission Act (continued) — Intergovernmental relations, Constitutional provision for: proposals on: (P. 51) 11:29; (SCR 26) 38:63, 167; (SCR 58 and CP 17) 49:76, 209-210; 50:80; 62:102; (P. 52) 11:29; (P. 156) 32:56 (SCR 33) 42:66, 63:102—103; 64:105; (CWR 15) 68: 109, 321; (SCR 111) 169-172; (SCR 70) 51:83, 225-226 70:114, 269; (3d reading) 72:117 protest against testimony by Senator William J. Nobriga: Intergovernmental relations, proposals on: (P. 101) 24:50; 21:47 (P. 130) 29:53; (SCR 58) 49:76, 209—210 repeal of, requested: (R. 21) 11:30, 148; (SCR 33) 47:73, Interior, U.S. Department of, acknowledging receipt of 169—172; (CWR 3) 48:74, 299 Resolution No. 46: (Misc. 127) 78:132, 392 retention urged: (Misc. 19) 13:35, 372; (Misc. 23) 14:36, Interior, U.S. Secretary of, Oscar L. Chapman, communica 373; (Misc. 29) 15:39, 375; (Misc. 57) 19:44, 379; tions: 362; (Misc. 129) 79:137, 393 (Misc. 69) 21:47, 381; (Misc. 70) 21:47, 381; International Association of Machinists, Hawaiian Homes (Misc. 73) 22:48, 382; (Misc. 74) 22:48, 382, (Misc. Commission Act retention: (Misc. 103) 53:85, 388; 78) 26:52, 383; (Misc. 84) 32:55, 384; (Misc. 86) (SCR 126) 76:125, 280 32:55, 384; (Misc. 92) 35:59, 386; (Misc. 94) 38:63, International Longshoremen’s and Warehousemen’ s Union, 386; 76:125; (Misc. 98) 46:72, 387; 76:125; (Misc. presenting draft of Constitution: (Pet. 22) 33:57, 397; 100) 48:73, 387; (Misc. 103) 53:85, 388; (SCR 126) (SCR 19) 35:60, 162; (Misc. 97) 46:71, 387 76:125, 280 International Longshoremen’s and Warehousemen’s Union, Hayes, Mrs. John E., president, National P.T.A.: 67:107-108 stand on Delegate Frank G. Silva: (Misc. 9) 8:21, 371; Health and public welfare, request for informal Committee (Misc. 46) 18:43, 378 of whole discussion: (Misc. 59) 19:44—45, 380 Health, public, Constitutional provisions for: (SCR 16 and Joint Tax Study Committee, debt limitation provisions: CP 1) 31:54, 159—161; 32:55; 36:61’ 37:62; 38:63; (Misc. 106) 56:92, 389 (CWR 2) 40:64—65, 296—299; 41:65; (SCR 45) 46:71, Joint Tax Study Committee, tax proposals: (Misc. 82) 31:54, 181-182; 47:73; 48:74; (3d reading) 51:82 383—384; 45:70 Health, public, proposals on: (P. 99) 22:49; (P. 122) 27:52; Journal of Convention, publication costs to be borne by (P. 126) 29:53; (SCR 16) 31:54, 159—161; (SCR 78) subsequent legislation: (SCR 3) 14:37, 156 53:87, 231-232 Judges (see also Judiciary) — Heen, William H., Jr., of Kawailoa Training School for advisory opinions: (SCR 37) 175 Girls, appreciation for flowers: 78:133 appointive rather than elective: (SCR 37) 174 Heraldry, state: (R. 29) 15:39, 150; 54:89; (SCR 55) 55: appointment, tenure and removal: (SCR 37) 174 76, 379; 62:102; 63:102—103; 64:105; 68:109; 69:111 compensation and retirement: (SCR 37) 174 112; 70:114; (CWR 14) 70:115, 320 proposals on: (P. 26) 8:21; (P. 68) 12:34; (P. 92) 19:45; Historic sites, Constitutional provision for: (SCR 16 and CP (SCR 37) 43:69, 173—176 1) 31:54, 159-161; (CWR 2) 40:64-65, 296-299; recall, proposal on: (P. 9) 6:17; (SCR 37) 43:69, 175 (5CR 45) 46:71, 181—182 Judicial Council, proposal on: (P. 146) 32:56; (P. 185) Historical memorials and monuments, proposal on: (P. 90) 33:58; (SCR 37) 43:69, 175; (CWR 8) 311 18:43; (SCR16) 31:54, 159-161 Judiciary, Constitutional provision for: (SCR 37 and CP 7) Holiday, Statehood Day: (R. 31) 16:41, 150; (SCR 59) 49:77, 43:69, 173—176; 44—69; 48:74; 49:78; 51:82; 210; 50:80; 51:84 (CWR 8) 60:98, 307—312; 61:99; (SCR 100) 64:104, Honolulu Redevelopment Agency, language of housing 260—262; (3d reading) 69:111; 77:130 provisions: (Misc. 83) 31:54, 384 Judiciary, proposals on: (P. 3) 5:16; (P. 14) 7:19; (P. 160) House of Representatives, U.S. (see under Congress, U.S.) 32:56; (P. 184) 33:58; (SCR 37) 43:69, 173—176; (SCR Housing, Constitutional provisions suggested by Hawaii 98) 64:104, 259 Housing Authority: (Misc. 72) 22:48, 382; (Misc. 83) Jury trial: 61:99; (SCR 24) 167; (CWR 5) 301-302 31:54, 384; (DC 10) 50:79, 369 Jury, women on: (P. 17) 7:19; (SCR 11) 20:46, 158; (SCR 34) Housing, public assistance in: (CWR 2) 40:64—65, 297-299; 42:67, 117; (SCR 37) 43:69, 175; (SCR 128) 77: 128, 280 41:65 Kageyama, Delegate Richard M., recognition for exposure of Impeachment — communism: (R. 11) 5:17, 147 Governor and public officers: (SCR 92) 253; (SCR 130) Kageyama, Delegate Richard M., resignation of: (Misc. 4) 284; (CWR 24) 345-346 5:16, 370; (GM 2) 7:18, 362 judges: (SCR 37) 174—175 Kalanianaole Homesteaders Association, Hawaiian Homes pardons alter: 76:126 Commission Act retention: (Misc. 74) 22:47, 382 proposal on: (P. 142) 32:56; (SCR 95) 61:101, 259 Kamehameha I, law of the splintered paddle: (CWR 19) 332 I.M.U.A. (see Hawaii Residents’ Association) Kamehameha W, views on general welfare: (SCR 16) 160 Industry and labor, Constitutional provision for: (SCR 79 Kamehameha Lions Club, liberal public lands policy and CP 28) 53:87, 235-242; 54:88—89; 60:96; 64:105; advocated: (Misc. 105) 56:92, 388 66:106-107; (CWR 12) 67:107, 318—319; (5CR 110) Kawakami, Delegate H. S., condolence on death of daughter: 69:112, 268; (3d reading) 71:117 (R. 9) 4:13, 147; (Misc. 12) 9:23, 371 Institutions, Department of, gifts to delegates: (DC 1) Kona Lions Club, Lanai as separate county: (Misc. 90) 35:59, 3:12, 363 385-386 Initiative, favor of: (Misc. 24) 14:36, 373; (Misc. 25) Korea, U.S. military action in, endorsed: (R. 46) 69:111, 153 14:36, 373; (SCR 49) 48:75, 189-190; 49:75; 53:86-87; (CWR 9) 61:100, 313 Labor, proposals on: (P. 29) 8:21; (SCR 79) 53:87, 235—241; Initiative, opposition to: (SCR 47) 48:74, 182-185; 49:75; (P. 182) 33:58; (SCR 34) 42:67, 172-173 53:86; (CWR 9) 61:100, 315 Labor, right to organize and bargain collectively, Initiative and referendum, proposals on: (P. 113) 25:51; Constitutional provision for: (SCR 79 and CP 28) (P. 148) 32:56; (SCR 47) 48:74, 182-186 53:88, 235-241; 54:89; (SCR 81) 54:89, 241-242; 55:89; INDEX 443 60:96-97; 64:105; 66:106—107; (CWR 12) 66:107, 318- bills, form and procedure: (SCR 92) 253-255; (SCR 319; (SCR 110) 69:112, 268; (3d reading) 71:117 130) 281, 283 veto: (SCR 92) 253, 255; (SCR 130) 281, 283 Lanai, county government proposed: (Pet. 1) 16:40, 393; (Pet. 2) 16:40, 393; (Pet. 3) 16:40, 393; (Pet. 5) 19: veto, reconsideration of by legislature after adjournment: 43, 394; (Pet. 6) 19:43, 394; (Pet. 7) 19:43, 394; (Pet. (CWR 24) 344—345; (CWR 28) 359 14) 25:51, 395; (Pet. 15) 25:51, 395; (Pet. 16) 25:51, Legislative committees, proposal on: (P. 16) 7:19; (SCR 396; (Pet. 17) 25:51, 396; (Pet. 18) 25:51, 396; (Pet. 95) 61:101, 258 19) 28:53, 396; (Pet. 23) 39:64, 397; (Pet. 24) 39:64, Legislative council: (SCR 92) 253; (P. 128) 29:53; (SCR 397; (Pet. 25) 39:64, 398; (R. 22) 11:30, 149; (R. 37) 95) 61:101, 259. (CWR 24) 346 29:53, 151; (Misc. 27) 15:39, 374—375; (Misc. 90) Legislative Reference Bureau, services of: (R. 13) 6:18, 35:59, 385; (Misc. 95) 39:64, 386—387; (SCR 74) 51:83, 147; (R. 50) 76:127, 154 228-230 Legislature — Lanai Residents’ Committee for Self-Government: (Misc. 27) apportionment, proposals on: (P. 137) 31:55; (P. 151) 15:39, 374—375; 51:83 32:56; (SCR 95) 61: 101, 258 Lanai Residents’ Committee for Self-Government, House bills (see Legislation) representation: (Misc. 114) 69:110, 112, 390; 70:114; budget procedure, proposal on: (P. 74) 13:35; (SCR 44) 71:117; 72:117; 76:124, 126 45:70, 180 Lands— Constitutional provision for: (SCR 92 and CP 29) 60:98, Constitutional limitations on ownership, proposal on: 249—257; 61:100; 64:104—105; 65:106; 66:107; (P. 18) 7:19; (SCR 78) 53:87, 231-232 67:108; 70:114; 71:117; 72:117; 76:124; (CWR eminent domain for subdivision purposes: (SCR 85) 56: 24) 76:124—126, 339—346; (CWR 28) 77:128, 359; 92, 243 (SCR 130) 77:130, 280-284; (3d reading) 77:131 federal: (R. 33) 20:46, 151; 21:47; (SCR 70) 226; employees under merit system: (CWR 24) 343 (SCR 78) 231-235; (SCR 124) 76:123, 278-279; House of Representatives— (CWR 22) 336—337; (R. 55) 79:137, 155 districts: (CWR 24) 340-341; (SCR 134) 78:133, laws, Attorney General’s comments on: (DC 11) 66:107, 284-286 369; (SCR 129) 77: 128, 280 members, disqualification: (CWR 24) 347 laws, continuation of: (SCR 25 and CP 5) 38:63, 167; number: (SCR 92) 249-251; (SCR 102) 64:105, 262- (SCR 68 and CP 23) 49:78, 223—224; (SCR 135) 78: 263; 65:106; 66:107; 67:108; 69:112; 70:114; 133, 286—289 71:117; 72:117—118; 76:124, 126 proposals on: (P. 41) 10:28; (P. 54) 12:31; (P. 67) representation: (Misc. 112) 69:110, 390; (Misc. 113) 12:34; (P. 103) 24:50; (P. 116) 26:52; (P. 127) 69:110, 390; (Misc. 114) 69:110, 390; 69:112; 29:53; (P. 168) 32:57; (SCR 78) 53:87, 231—235 70:114; 71:117; 72:117; 76:124, 126 public — impeachment proceedings: (CWR 24) 345-346; (SCR 130) agricultural purposes: (Misc. 98) 46:72, 387; (SCR 284 126) 76:125, 280 Legislative council (see Legislative council) Constitutional provisions for: (SCR 78 and CP 27) members — 53:87, 231—235; 58:94; (CWR22) 73:118—119, disqualifications: (SCR 92) 252 335—337; (SCR 124) 76:123, 278—279; 77:128; immunity: (CWR 24) 342 (3d reading) 77:129 influencing of, proposal on: (P. 36) 9:23; (SCR 95) farm and home ownership: (SCR 78) 77:128-129, 233- 61:101, 258 234 privileges, proposal on: (P. 190) 33:58; (SCR 95) liberal policy advocated: (Misc. 105) 56:92, 388 61:101, 259 public purposes, interpretation of: 77:128-129 salaries and allowances: (8CR 92) 252; (CWR 24) 343; request to Congress to return to state: (R. 33) 20: (SCR 134) 285 46, 151; 21:47; (SCR 78) 53:87, 232 terms to first state legislature: (CWR 27) 358—359 Special committee to confer with Congress on state vacancies: (SCR 92) 251 hood bill provisions: (R. 55) 79:137, 155 organization: (SCR 92) 252; (SCR 130) 283 residential, proposal on: (P. 168) 32:57; (SCR 78) powers, delegation of, proposal on: (P. 98) 22:49; 32:57; (SCR 78) 53:87, 232 (SCR 95) 61:101, 258 transition provisions: (SCR 68) 222-224; (sCR 78) powers and functions, proposals on: (P. 31) 8:21; (P. 69) 231-235; (CWR 25) 77:127, 350-354; (CWR 26) 13:35; (P. 87) 16:41; (P. 95) 20:46; (P. 102) 24:50; 354-357; (SCR 135) 286-294 (P. 144) 32:56; (P. 175) 33:58; (P. 189) 33:58; Laws— (SCR 83) 55:90, 242; (SCR 85) 56:92, 243; (SCR 95) continuity of: (SCR 68 and CP 23) 49:78, 222-224; 50: 61:101, 259 81; 54:89; 68:109; 73:120; 74:120; 75:121, 122; punishment of non-members: (CWR 24) 345 77:127; (CWR 25) 77:127, 350—354; (SCR 135) reapportionment: (SCR 92) 249-251; (SCR 130) 280-281 78:133, 134, 286—289; (3d reading) 78:134 record of proceedings, proposal on: (P. 49) 11:29; equal protection of, proposal on: (P. 194) 33:59; (SCR (SCR 31) 41:65, 168-169; (SCR 95) 61:101, 258 34) 42:67, 172-173 representation in, proposals on: (P. 8) 6:17; (P. 35) existing, proposal on: (P. 24) 8:21; (P. 135) 31:55; 9:23; (P. 59) 12:31; (SCR 95) 61:101, 258 (SCR 68) 49:78, 222-224 Senate — Revised Laws of Hawaii, copies furnished Convention: districts: (CWR 24) 339—340 (DC 6) 7:18, 364 number: (SCR 92) 60:98, 249—250; (SCR 99) 64:104—105, Legislation — 260; 65:106; 66:107; 67:108; 69:112; 70:114; appropriation bills: (CWR 18) 327-328, 331 7.1:117; 72:117; 76:124; 76:126 bills, discharge from committee: (CWR 24) 348 reapportionment: (SCR 48) 187-188 444 CONVENTION JOURNAL AND DOCUMENTS Legislature (continued) — Motto, official state: (R. 29) 15:39, 150; (SCR 55) 49:76, sessions: (SCR 92) 252; (P. 48) 11:29; (P.112) 25:51; 208; 54:89; 56:92; 62:102; 63:102—103; 64:105; 68: (P. 133) 31:55; (SCR 95) 61:101, 258; (SCR 130) 109; 69:111—112; 70:114—115; (CWR 14) 70:115, 320 281 size of, defended: (Misc. 128) 78:135, 392 Nanaikapono Hawaiian Civic Club, Hawaiian Homes Com special session alter statehood admission: (CWR 27) mission Act retention: (Misc. 69) 21:47, 381 258—259 Nanaikapono Homesteaders, Hawaiian Homes Commission Legislature, Territory, requirement of submission of Con Act retention: (Misc. 73) 22:48, 382 stitution to legislature to be eliminated: (R. 17) 9:23, National Boys’ and Girls’ Week, endorsement of: (R. 32) 148; (R. 18) 9:23, 148; (SCR 22) 37:62, 166 17:42, 150; (SCR 8)18:43, 158 Lehleitner, George H., invitation to be guest of Convention: National Guard, Hawaii, assistance rendered appreciated: (R. 8) 3:12, 147; 78:136 (R. 51) 78:135, 154 Liberty bell, presentation and ceremony: 68:108 Natural resources— Lieutenant governor — conservation of, Constitutional provision for: (SCR 78 and Constitutional provision for: (SCR 67 and CP 22) 49:77, CP 27) 53:87, 231—235; 58:94; 59:95—96; 70:114; 216—217; 50:81; 54:89; 57:93; 58:94; (CWR 17) (CWR 22) 73:119, 335—338; (SCR 124) 76:123, 278— 69:110-111, 323; (SCR 119) 74:120; (CWR 23) 279; 77:128; (3d reading) 77:129 75:121; 76:122, 126; (3d reading) 76:126 control over committed to boards or commissions: election, tie vote: (CWR 23) 338 (CWR 22) 335 impeachment: (SCR 130) 77:130, 281; (CWR 24) 346 proposals on: (P. 108) 25:51; (P. 134) 31:55; (SCR 78) proposal on: (P. 20) 7:19; (SCR 67) 49:78, 218 53:87, 232 term, first alter statehood: (CWR 27) 358 Naturalization, bill in Congress endorsed: (R. 38) 36:60, Local government (see also County government) — 151 Constitutional provision for: (SCR 74 and CP 26) 51:83, Newspaper coverage of Convention commended: (R. 48) 76: 228—230; 54:89; 60:97; 61:101; 62:101; 71:116; 126, 154 (CWR 21) 71:116, 333—335; (SCR 113) 72:118, Ninomiya, Tokuma, Ministry of Education, Japan: 23:49 269—270; (3d reading) 73:119 home rule: (P. 167) 32:57; (SCR 74) 51:83, 228—229; Oahu Youth Council, appreciation for Resolution No. 32: (SCR 84) 55:90, 242-243; 56:92; 60:97; (SCR (Misc. 102) 53:85, 388 91) 60:97, 246—249; 61:101; 62:101; 71:116; Oath of office, public officers and employees: (SCR 63 and (CWR 21) 71:116, 333—335; (SCR 113) 72:118, CP 19) 49:77, 211; 50:80; 54:89; 62:102; 63:102—103; 269—270; (3d reading) 73:119 64:105; 68:109; (CWR 16) 68:110, 322; (SCR ill) political subdivisions defined: (SCR 74) 229 70:114, 268—269; (3d reading) 72:117 proposals on: (P. 111) 25:51; (P. 115) 26:52; (P. 153) Officers and employees of Convention— 32:56; (P. 167) 32:57; (P. 186) 33:58; (P. 187) 33: appointment and compensation of employees: 4:14-15; 58; (P. 188) 33:58; (SCR 74) 51:83, 228 11:30 taxation: (SCR 74) 229-230 Chairman, temporary: 1:2 Local Government Committee, progress report: (SCR 27) 38: Chaplain, election: 1:6 63, 167—168 Clerk, assistant, election: 1:6 Long, Oren E. (see Secretary of Hawaii) Clerk, chief, election: 1:6 Loyalty, public officers and employees: (SCR 70) 225 Clerk, temporary: 1:2 Loyalty oaths administered to delegates: 1:3 commendation of employees: (R. 52) 78:135, 155 President of Convention, election: 1:4 Marriage, no discrimination because of race, nationality, Presiding officer in absence of President and Vice- creed or religion: (SCR 20) 165; (CWR 5) 305; presidents: (R. 30) 16:41, 150 (CWR 6) 306 Secretary, acting, appointed: 16:41 Marriage rights, proposal on: (P. 47) 11:29; (SCR 34) Secretary, election: 1:6 42:67, 172 Secretary, ex-officlo member of committees: (R. 10) Martial law, reference under power of governor deleted: 4:14, 147 (CWR 17) 324 Secretary to succeed as presiding officer: (R. 30) Maui County, Chairman invited to testify on county status 16:41, 150 for Lanai: (R. 37) 29:53, 151; (SCR 74) 51:83, 228 Sergeant-at-arms, election: 1:6 Mauna Loa eruption, governmental aid for victims: (R. 42) Vice—president, acting: (R. 30) 16:41, 150 51:82, 152; (SCR132) 77:131, 284 Vice-presidents, election: 1:5-6 McDonnell, Major General Gerald M., talk on atom bomb Onealii Community Association, Hawaiian Homes Commission effects: 36:60 Act retention: (Misc. 74) 22:48, 382 McMorris, Admiral Charles H., Commandant, 14th Naval Ordinances, proposal on: (P. 155) 32:56; (SCR 70) 51:83, District: 7:19-20 225 Members of Convention (see Delegates) Ordinances on transition (see Transition and Schedule) Military service, non-discrimination: (SCR 24) 166-167 Mineral resources (see Natural resources) Parks, Hawaii National Park: (CWR 26) 356 Minimum wages, women and minors, proposal on: (P. 38) Parks and playgrounds, Constitutional provisions for: (SCR 9:23; (SCR 29) 39:64, 168 16 and CP 1) 31:54, 161; 32:55—56; 36:61; 37:62; Molokai Community Association, Hawaiian Homes Com 38:63; 39:64; (CWR 2) 40:65, 298; 41:65-66; (SCR mission Act retention: (Misc. 74) 22:48, 382 45) 46:71, 182; 47:73; 48:74; (3d reading) 51:82 Molokai District Committee, Republican Party House Parliamentary rules, purchase of manuals on: (R. 12) 5:17, representation: (Misc. 112) 69:110,. 390; 69:112; 147; (R. 26) 13:36, 149; (SCR 5) 14:37, 157 70:114; 71:117; 72:117; 76:124; 76:126 Penalties, proposal on:. (P. 158) 32:56; (SCR 68) 49:78, 222 INDEX 445 Phillips, John R., appointed delegate: (GM 2) 7:18, 362 16. Legislative committees: 7:19; (SCR 95) 258 Photograph, official, of Convention delegates: (R. 24) 11:30, 17. Women on juries: 7:19; (SCR 11) 158; (SCR 34) 149; 36:60; 38:63; 42:66 172; (SCR 37) 175; (SCR 128) 280 Postage stamp, special statehood stamp proposed: (R. 44) 18. Constitutional limitations on land ownership: 7:19; 63:103, 153; (SCR 114) 73:118, 270 (SCR 78) 231 Powers, separation of: (P. 100) 23:49; (5CR 62 and CP 18) 19. Conservation of natural beauty, historical monuments, 49:77, 211; 50:80; 64:89; 56:92; 62:102; 63:102—103; etc.: 7:19; (SCR 16) 159 64:105—106; 68:109—110; 69:111—112; (CWR 20) 20. Lieutenant governor: 7:19; (SCR 67) 218 69:112, 332 21. Governor: 7:19; (SCR 67) 218 Preamble, Constitutional provisionfor: (SCR 64 and CP 20) 22. Department heads: 8:21; (SC~ 67) 218; (SCR 125 49:77, 211-214; 50:80; 54:89; 56:92; 62:102; 63:102- 279 103; 64:105-106; 68:109-110; (CWR 19) 69:112, 332; 23. Board of censors: 8:21; (SCR 95) 258 (SCR 123) 75:122, 277-278; (3d reading) 76:123 24. Existing laws: 8:21; (SCR 68) 222 Preamble, proposals on: (P. 11) 6:17; (P. 39) 9:23; (P. 61) 25. Rights and privileges: 8:21; (SCR 34) 172; (SCR 12:31; (P. 132) 31:54; (P. 166) 32:57; (P. 171) 32:57; 79) 237 (P. 172) 32:57; (P. 173) 32:57; (SCR 64) 49:77, 213—214 26. Judges: 8:21; (SCR37) 176 President of Convention (see under Officers and employees) 27. Provisions of the Constitution: 8:21; (SCR 68) 223 President, U.S., Harry S. Truman— 28. Equal rights: 8:21; (SCR 9) 158; (SCR 34) 172; appreciation for statehood support: (R. 4)1:7, 146; (SCR 65) 214 (Misc. 13) 10:24, 271 29. Labor: 8:21; (SCR 79) 237 endorsement of bill on naturalization: (R. 38) 36:60, 151; 30. Compensation of public officers: 8:21; (SCR 67) (Misc. 118) 78:132, 391 218; (SCR 125) 279 endorsement of military aid to Republic of Korea: (R. 46) 31. Legislative powers and functions: 8:21; (SCR 95) 69:111, 153; (Misc. 126) 78:132, 392 258 Press coverage of Convention recommended: (SCR 2) 11:31, 32. School buildings, etc.: 8:22; (SCR52) 205 156 33. Suffrage and elections: 8:22; (SCR 39) 176 Press releases, weekly summaries to be prepared: (SCR 2) 34. Constitutional conventions: 9:23; (SCR 48) 186 11:31, 156 35. Representation in the legislature: 9:23; (SCR 95) Printing Committee reports: (SCR 17) 32:55, 161; (SCR 21) 258 37:62, 166; (SCR 28) 39:64, 168; (SCR 35) 43:68, 173; 36. Legislators, influencing of: 9:23; (SCR 95) 258 (SCR 38) 44:69, 176; (SCR 40) 45:70, 178; (SCR 46) 37. Public Works, hours of work: 9:23; (SCR 29) 168 47:73, 182; (SCR 69) 50:79, 224—225; (SCR 75) 52:84, 38. Minimum wage laws for women and minors: 9:23; 230; (SCR 77) 53:85, 231; (SCR 80) 54:88, 241; (SCR (SCR 29) 168 82) 55:89, 242; (SCR 86) 56:92, 243; (SCR 87) 57:93, 39. Preamble: 9:23; (SCR 64) 213 243; (SCR 90) 60:96, 246; (SCR 93) 61:100, 257; 40. Qualifications for voting: 10:28; (SCR 39) 176 (SCR 94) 61:101, 257; (SCR 97) 64:104, 259; (SCR 41. Land: 10:28; (SCR 78) 231 101) 64:105, 262; (SCR 103) 64:105, 263; (SCR 105) 42. Rights of foreigners in Bill of Rights: 10:28; (SCR 66:107, 265; (SCR 107) 69:111, 266; (SCR 108) 69:111, 34) 172 266; (SCR 112) 70:115, 269; (SCR 116) 73:118, 271; 43. Right to change the government: 10:28; (SCR 34) 172 (SCR 117) 73:118, 271; (SCR 118) 73:119, 271; (SCR 44. Bill of Rights: 10:28; (SCR 34) 172 120) 74:120, 274; (SCR 121) 75:121, 275; (SCR 127) 45. Special privileges and immunities: 10:29; (SCR 34) 76:125, 280; (SCR 136) 78:135, 290 172 Printing of Constitution, union label to be affixed: (Misc. 46. Qualifications for domestic stockholders: 10:29; 117) 77:130, 391; (SCR 139) 79:143, 295 (SCR 29) 168 Prison, Oahu, gifts to delegates: (DC 1) 3:12, 363 47. Right to marry: 11:29; (SCR 34) 172 Privileges and immunities, special, proposal on: (P. 45) 48. Length of legislative session: 11:29; (SCR 95) 258 10:29; (SCR 34) 42:67, 172 49. Record of Convention and legislative proceedings: Proposals, deadline for introduction: (R. 34) 23:50, 151; 11:29; (SCR 31) 168; (SCR 95) 258 25:51; (SCR 14) 26:52, 159; 32:57 50. Popular sovereignty: 11:29; (SCR 34) 172 Proposals — 51. Hawaiian Homes Commission Act: 11:29; (SCR 26) Digest of, 399 167; (SCR 70) 225 Introduction and action taken— 52. Hawaiian Homes Commission Act: 11:29; (SCR 33) 1. Education: 4:16; (SCR 52) 205 169 2. Education: 5:16; (SCR 52) 205 53. Area of state: 11:29; (SCR 18) 161; (SCR 78) 231; 3. Supreme court: 5:16; (SCR 37) 175 (SCR 106) 265 4. Bill of Rights: 5:17; (SCR 34) 172; (SCR 79) 235 54. Public lands: 12:31; (SCR 78) 231 5. Rights and privileges: 5:17; (SCR 34) 172 55. State flag: 12:31; (SCR 54) 207 6. Government office or employment: 6:17; (SCR 67) 56. State seal: 12:31; (SCR 55) 207 77; (SCR 115) 270 57. Education: 12:31; (SCR 52) 205 7. Taxation and finance: 6:17; (5CR 44) 179 58. Advisory opinions of the Supreme court: 12:31; 8. Representation in the legislature: 6:17; (SCR 95) 258 (SCR 37) 17.5 9. Recall of judges: 6:17; (SCR37) 175 59. Representation in the legislature: 12:31; (SCR 95) 258 10. Education: 6:17; (SCR 52) 205 60. Slum clearance: 12:31; (SCR 16) 159 11. Preamble: 6:17; (SCR64) 213 61. Preamble: 12:31; (SCR 64) 213 12. Rights and privileges: 6:18; (SCR 34) 172 62. Bill of Rights: 12:32; (SCR 34) 172 13. Finance and taxation: 6:18; (SCR 44) 179 63. Bill of Rights: 12:32; (SCR 34) 172 14. Judiciary: 7:19; (SCR37) 175; (SCR98) 259 64. Education: 12:32; (SCR 52) 205 15. Circuit courts and inferior courts: 7:19; (SCR 37) 176 65. State capital: 12:32; (SCR 53) 206 446 CONVENTION JOURNAL AND DOCUMENTS Proposals (continued) — 114. Economic development: 26:52; (SCR 78) 232 Introduction and action taken (continued) — 115. Counties: 26:52; (SCR 74) 228 66. Education: 12:34; (SCR 52) 205 116. Lands: 26:52; (SCR 78) 232 67. Public lands and other property: 12:34; (5CR 78) 231 117. Education: 26:52; (SCR 52) 205 68. Selection of judges: 12:34; (SCR 37) 175 118. Education: 26:52; (SCR 52) 205 69. Legislative powers and functions: 13:35; (SCR 83) 119. Constitutional amendment: 26:52; (SCR 48) 186, 242; (SCR 85) 243; (SCR 95) 258 187, 188 70. Bribery as disqualification for office holding: 120. Education: 26:52; (SCR 52) 205 13:35; (SCR32) 169; (SCR39) 176; (SCR95) 258 121. Water rights: 27:52; (SCR 78) 232 71. Bill of Rights: 13:35; (SCR 34) 172 122. Health, safety and general welfare: 27:52; (SCR 72. Civil service employment: 13:35; (SCR 57) 209 16) 159 73. Appropriations for private purposes prohibited: 123. Civil service: 29:53; (SCR 57) 209 13:35; (SCR44) 180 124. Circuit courts: 29:53; (8CR 37) 176 74. Legislative budget procedure: 13:35; (SCR 44) 180 125. Boundaries of state: 29:53; (SCR 56) 208 75. Budget: 13:35; (SCR44) 180 126. Public health: 29:53; (SCR 16) 159 76. Borrowing powers: 13:35; (SCR 44) 180 127. Public lands: 29:53; (SCR 78) 232 77. Excess condemnation: 13:35; (SCR 44) 180 128. Legislative council: 29:53; (SCR 95) 259 78. Purchasing methods: 13:35; (SCR 44) 180 129. Retirement system: 29:53; (5CR 44) 180 79. Post auditing: 13:35; (SCR 44) 180 130. Intergovernmental relations: 29:53; (SCR 58) 209 80. Powers of taxation: 13:35; (SCR 44) 180 131. Agricultural education: 29:53; (SCR 52) 205 81. Expenditure of money: 13:36; (5CR 44) 180 132. Preamble: 31:54; (SCR 64) 213 82. Persons excluded from the right of suffrage: 13:36; 133. Legislative sessions: 31:55; (SCR 95) 258 (SCR 39) 176 134. Department of agriculture and natural resources: 83. Bill of Rights: 14:37; (SCR 34) 172 31:55; (SCR 78) 232 84. Suffrage and elections: 14:37; (SCR 39) 176 135. Existing laws: 3 1:55; (SCR 68) 222 85. State song: 15:39; (SCR 60) 210 136. Effective date of Constitution: 31:55; (SCR 68) 86. Bill of Rights: 15:39; (SCR 34) 172 223 87. Legislative matters: 16:41; (SCR 95) 258 137. Apportionment of the legislature: 3 1:55; (SCR 95) 88. Constitution, Preamble and 10 articles: 17:42; 258 (SCR 34) 172; (SCR 37) 176; (SCR 39) 176; (SCR 138. Bill of Rights: 31:55; (SCR 34) 173 44) 180; (SCR 48) 188; (5CR 52) 205; (SCR 64) 139. Bill of Rights: 31:55; (SCR 34) 172 211; (SCR 67) 218; (SCR 74) 228; (SCR 95) 258 140. Public finance and taxation: 31:55; (SCR 44) 180 89. Bill of Rights: 18:43; (SCR 34) 172 141. Public finance and taxation: 31:55; (SCR 44) 181 90. Historical memorials and monuments: 18:43; 142. Impeachment: 32:56; (SCR95) 259 (SCR 16) 159 143. Executive power: 32:56; (SCR 67) 218 91. Fishing rights: 18:43; (SCR 78) 232 144. Legislature: 32:56; (SCR 95) 259 92. Qualifications of judges; 19:45; (SCR 37) 176 145. Executive clemency: 32:56; (SCR 67) 218 93. Bill of Rights: 19:45; (SCR 34) 172 146. Judicial council: 32:56; (SCR 37) 175 94. Executive powers and functions; 20:46; (SCR 13) 147. Political activities of public employees: 32:56; 158; (SCR 67) 218; (SCR 74) 228 (SCR95) 259 95. Legislative powers and functions: 20:46; (SCR 148. Initiative and referendum: 32:56; (SCR 47) 182 95) 258 149. Education: 32:56; (SCR 52) 205 96. Rights of aliens: 21:47; (SCR 34) 173 150. Corporations, banks, utilities: 32:56; (8CR 95) 97. Bill of Rights: 21:47; (SCR 34) 173; (SCR 79) 259 23 5-236 151. Legislative apportionment: 32:56; (SCR 95) 258 98. Delegation of legislative powers: 22:49; (SCR 95) 152. Public utilities commission: 32:56; (SCR 95) 259 258 153. Local government: 32:56; (SCR 74) 228 99. Health and public welfare: 22:49; (SCR 16) 159; 154. Property of the United States: 32:56; (5CR 70) 225 (SCR 78) 232 155. Certain ordinances: 32:56; (SCR 70) 225 100. Distribution of governmental powers: 23:49; (SCR 156. Ordinance on Hawaiian Homes Commission Act: 62) 210 32:56; (SCR 70) 225; (SCR 33) 169 101. Intergovernmental relations: 24:50; (SCR 58) 209 157. Constitution of the United States: 32:56; (SCR 68) 102. Legislature: 24:50; (SCR 95) 258 222 103. Agriculture, conservation and land: 24:50; (SCR 158. Debts, fines, penalties and forfeitures: ~32:56; 78) 232 (SCR 68) 222 104. Reconvening of constitutional conventions: 24:50; 159. Bill of Rights: 32:56; (SCR 34) 172 (SCR 48) 186 160. Judiciary: 32:56; (5CR 37) 176 105. Bill of Rights: 24:50; (SCR 34) 173 161. Bill of Rights: 32:56; (SCR 34) 173 106. Bill of Rights: 24:50; (SCR 34) 173 162. Bill of Rights: 32:57; (SCR 34) 173 107. Water: 24:50; (SCR78) 232 163. Education: 32:57; (SCR 52) 205 108. Agriculture, natural resources and conservation: 164. Education: 32:57; (SCR 52) 205 25:51; (SCR 78) 232 165. Education: 32:57; (SCR 52) 205 109. Executive powers and functions: 25:51; (SCR 67) 166. Preamble: 32:57; (SCR 64) 212—213 218 167. Home rule: 32:57; (SCR 74) 228 110. Education: 25:51; (SCR 52) 205 168. Residential lands: 32:57; (SCR 78) 232 111. Counties: 25:51; (SCR 74) 228 169. Executive: 32:57; (SCR 67) 218 112. Legislative sessions: 25:51; (SCR 95) 258 170. Constitutional amendment: 32:57; (SCR 48) 186, 113. Initiative and referendum: 25:51; (SCR 47) 182 188 INDEX 447 171. Preamble: 32:57; (SCR 64) 212, 214 oath of office: (SCR 63 and CP 19) 49:77, 211; 50:80; 172. Preamble: 32:57; (SCR 64) 212, 214 54:89; 56:92; 62:102; 63:102—103; 64:105—106; 173. Preamble: 32:57; (SCR 64) 212, 214 68:109—110; (CWR 16) 68:110, 322; (SCR 111) 174. Civil service: 33:58; (SCR 66) 215 70:114, 269; (3d reading) 72:117 175. Legislative powers and functions: 33:58; (SCR 83) proposals om (P. 6) 6:17; (SCR 67) 49:78, 218; (SCR 115) 242; (SCR 85) 243; (SCR 95) 259 73:118, 270-271; (P. 30) 8:21; (SCR 125) 76:123, 176. Power of appointment to fill vacancies: 33:58; 279-280; (P. 70) 13:35; (SCR 32)41:65, 169; (SCR (SCR 67) 218 95) 61:1G1, 756; (P. 176) 33:58; (SCR 67) 49:78, 177. Pending civil and criminal actions: 33:58; (SCR 218; (P. 178) 33:58; (SCR 68) 49:78, 223 68) 223 removal for cause may be prescribed by law: (CwR 23) 178. Continuity of officers: 33:58; (SCR 68) 223 339 179. Continuance of recognizances and bonds: 33:58; vacancies, power to fill, proposal on: (P. 176) 33:58; (SCR 68) 223 (SCR 67) 49:78, 218 180. Civil causes of action and criminal offenses: 33: Public sightliness and good order, Constitutional provisions 58; (SCR 68) 223 for: (SCR 16 and CP 1) 31:54, 161; 32:55-56; 36: 181. State property: 33:58; (SCR 68) 222 61; 37:62; 38:63; 39:64; (CWR 2) 40:65, 298; 41:65; 182. Right of persons tc~ organize: 33:58; (SCR 34) 173 (SCR 45) 46:71, 181-182; 47:73; 48:74; (3d reading 183. Existing rights, actions and process: 33:58; (SCR 51:82 68) 222 Public welfare (see Welfare) 184. Establishment of the judiciary: 33:58; (SCR 37) Public works, hours of work, proposal on: (P. 37) 9:23; 174, 175 (SCR 29) 39:64, 168 185. Judicial council: 33:58; (5CR 37) 175 Public works, Territorial Superintendent of, Convention 186. Counties: 33:58; (SCR 74) 228 hall safety check: (DC 7) 9:23, 364 187. Local government: 33:58; (SCR 74) 228 188. Counties: 33:58; (SCR 74) 228 189. Legislative powers: 33:58; (SCR 95) 259 Radio coverage of Convention commended: (R. 49) 76:127, 190. Privilege of members: 33:58; (5CR 95) 259 154; 78:135 191. Full employment: 33:59; (SCR 79) 237 Race, segregation in schools prohibited: (SCR 70) 225 192. weights and measures: 33:59; (SCR61) 210 Recall, favor of: (SCR 49) 48:75, 189; 49:75; 53:86-87; 193. State flag: 33:59; (SCR 54) 207 (CWR9) 61:100, 313 194. Equal protection of laws: 33:59; (SCR 34) 173 Recall, opposition to: (SCR 47) 48:74, 185-186; 49:75; 195. Bill of Rights: 33:59; (SCR 23) 166; (SCR 34) 53:86-87; (CWR 9) 61:100, 315 173; (SCR 70) 225 Referendum — Public defender: (Misc. 28) 15:39, 375; 43:69 favor of: (Misc. 24) 14:36, 373; (Misc. 25) 14:36, 373; Public employees (see also Public officers) — (SCR 49) 48:75, 189-190; 49:75; 53:86—87; (CWR Civil service, Constitutional provision for: (SCR 57 and 9) 61:100, 313 CP 16) 49:76, 209; 50:80; 54:89; 56:92; 62:102; opposition to: (SCR 47) 48:74, 185; 49:75; 53:86—87; 63:102—103; 64:105—106; (CWR 11) 64:106, 318; (CWR9) 61:100, 315 (SCR 123) 75:122, 277-278; (3d reading) 76:123 proposals on: (P. 113) 25:51; (P. 148) 32:56; (SCR 47) disqualification as legislative candidates: (CWR 24) 342 48:74, 182-186 loyalty qualifications: (SCR 70 and CP 24) 51:83, 225- Register, official, signatures of delegates and guests: 226; (CWR 26) 77: 127, 354 (R. 7)3:12, 146 oath of office: (SCR 63 and CP 19) 49:77, 211; 50:80; Religion, freedom of: (SCR 70) 225; (CWR 26) 354 54:89; 56:92; 62:102; 63:102—103; 64:105-106; Republican Precinct Club, 13th precinct of 4th district, 68:109—110; (CWR 16) 68:110, 322; (SCR 111) Hawaiian Homes Commission Act retention: (Misc. 70:114, 269; (3d reading) 72:117 94) 38:63, 386; (SCR 126) 76:125, 280 political activities, proposal on: (P. 147) 32:56; (SCR Republican Precinct Club, 13th precinct of 5th district, 95) 61:101, 259 Hawaiian Homes Commission Act retention: (Misc. proposals on: (P. 6) 6:17; (SCR 67) 49:78, 218; (SCR 92) 35:59, 386 115) 73:118, 270—271; (P. 72) 13:35; (SCR 57) Research assistance, Legislative Reference Bureau: (R. 13) 49:76, 209; (P. 147) 32:56; (SCR95) 61:101, 259 6:18, 147 residence requirements: (SCR 115) 73:118, 270-271 Resolutions — retirement system: (P. 129) 29:53; (SCR 44) 45:70, 1. 1:2-3, 145 180; (CWR 18) 330; (SCR 122) 275-276 2. 1:3-4, 145; 2:8 right to organize: (SCR 79) 53:87, 235-241; (CWR 12) 3. 1:6, 146 66:106, 318—319; (SCR 110) 69)112, 268 4. 1:7, 146 Public officers (see also Public employees and under title 5. 1:7, 146 of specific office) — 6. •2:8, 146 bribery, proposal on: (P. 70) 13:35; (SCR 32) 41:65, 7. 3:12, 146 169; (SCR95) 61:101, 258 8. 3:12, 147; 78:136 continuity of, proposal on: (P. 178) 33:58; (3CR 68) 9. 4:13, 147 49:78, 223 10. 4:14, 147 disqualification as legislative candidates: (CWR 24) 342 11. 5:17, 147 impeachment: (SCR 92) 253; (CWR 24) 345-346; (SCR 12. 5:17, 147; 14:37 130) 77:130, 281 13. 6:18, 147 loyalty qualifications: (SCR 70 and CP 24) 51:83, 225-226; 14. 7:19, 147 54:89; 68:109; 73:120; 74:120; 75:121; 77:127; 15. 7:19, 147; 49:76 (CWR 26) 77:127, 354 16. 820-21, 148 448 CONVENTION JOURNAL AND DOCUMENTS Resolutions (continued) — 65:106; 66:107; 67:108; 69:112; 70:114; 71:117; 17. 9:23, 148; 37:62 72:117-118; 76:124; (CWR24) 76:124-126, 340—341; 18. 9:23, 148; 37:62 (SCR 134) 78:133, 284-286; (3d reading) 78:133 19. 9:23, 148; 10:29; 51:83; 53:87 Schedule on continuity of laws, Constitutional provision 20. 1:23-24, 148; 14:37; 18:43 for: (SCR 68 and CP 23) 49:78, 222-224; 50:81; 21. 11:30, 148; 42:66 54:89; 68:109; 73:120; 74:120; 75:121-122; 77:127; 22. 11:30, 149; (SCR 74) 71:116, 228 (CWR 25) 77:127, 350—353; (SCR 135) 78: 133, 286- 23. 11:30, 149; 49:76 288; (3d reading) 78:134 24. 11:30, 149 Schools (see Education) 25. 12:32—33, 149; 15:39 Seal of state: (R. 29) 15:39, 150; (SCR 55 and CP 14) 49: 26. 13:36, 149; 14:37 76, 207—208; 50:80; 54:89; 56:92; 62:102; 63:102- 27. 13:36, 149; 15:40 103, 64:105—106; 68:109—110; 69:111—112; 70:114—115; 28. 14:38, 150 (CWR 14) 70:115, 320; (R. 45) 70:115, 153 29. 15:39—40, 150; 70:115 Seat of government (see Capital of state) 30. 16:41, 150 Secretary of Convention (see under Officers and employees) 31. 16:41, 150; 51:84 Secretary of Hawaii, Oren E. Long— 32. 17:42, 150; 18:43 addresses to Convention: 1:1—2; 78:132; 79:141—143 33. 20:46, 151; 21:47; (SCR 78) 73:119, 232 commendation for Convention arrangements: (R. 5) 1:7, 34. 23:50, 151; 25:51; 26:52 146 35. 27:52, 151; 29:53 communications to Convention: (DC 1) 3:12, 363; 36. 29:53, 151 (DC 2) 3:13, 363; (DC 3) 3:13, 363—364; (DC 4) 37. 29:53, 151; (SCR 74) 71:116, 228 4:15, 364; (DC 6) 7:18, 364 38. 36:60, 151 presiding officer at opening of Convention: 1:1-2 39. 36:61, 152; 77:131 Secretary of State: (SCR 67) 216-217 40. 36:61, 152 Seitz, Gottfried, public defender position suggested: 41. 41:66, 152 (Misc. 28) 15:39, 375; 43:69 42. 51:82, 152; 77:131 Senate, U.S. (see under Congress, U.S.) 43. 53:85—86, 153 Sex, equal rights: (SCR 65) 214; (SCR 111) 70:114, 268-269 44. 63:103, 153; 73:118 Silva, Delegate Frank G. — 45. 70:115, 153 disqualification of: 8:20-22; 9:23; 10:24—29; 11:30—31; 46. 69:111, 153 (R. 25) 12:32, 149; (GM 3) 14:36, 262—263; (CWR 1) 47. 73:118, 154 15:39, 296 48. 76:126, 154 American Legion stand on: (Misc. 16) 11:29, 372 49. 76:127, 154 l.L.W.U. stand on: (Misc. 9) 8:21, 371; (Misc. 46) 18:43, 50. 76:127, 1-54 378 51. 78:135, 154 records concerning sent to U.S. House Committee on 52. 78:135, 155 Un—American Activities: 11:30; (Misc. 58 19:44, 53. 78:135, 155 380 54. 78:135, 155 Special committee to investigate qualifications: (R. 16) 55. 79:137, 155 8:20, 148; (SPCR 3) 10:24, 360—361 Retirement system (see Employees’ retirement system) Slum clearance, rehabilitation and housing, Constitutional Rights, aliens, proposal on: (P. 96) 21:47; (SCR 34) 42: provision for: (SCR 16 and CP 1) 3 1:54, 159-161; 67, 173 32:55—56; 36:61; 37:62; 38:63; 39:64; (CWR 2) Rights, equal, Constitutional provision for: (SCR 65 and 40:65, 297—298; 41:45; (SCR 45) 46:71, 181—182; CP 21) 49:77, 214; 50:80—81; 54:89; 56:92; 62:102; 47:73; 48:74; (3d reading) 51:82 63:102—103; 64:105—106; (CWR 11) 64:106, 318; Slum clearance, proposal on: (P. 60) 12:31; (SCR 16) 31: (SCR 111).70:114, 268—269; (3d reading) 72:117 54, 159 Rights, equal, proposal on: (P. 28) 8:21; (SCR 9) 18:43, Social security, changed to public assistance: (SCR 45) 181 158; (SCR 34) 42:67, 172 Song, official state: (P. 85) 15:39; (R. 29) 15:39, 150; Rights and privileges, proposals on: (P. 5) 5:17; (P. 12) (SCR 55) 49:76, 208; (SCR 60) 49:77, 210; 50:80; 6:18; (P. 2.5) 8:21; (SCR 34) 42:67, 172; (SCR 79) 51:84; 54:89; 56:92; 62:102; 63:102-103; 64:105-106; 53:87, 237 68:109—110; 69:111—112; 70:114—115; (CWR 14) 70:115, Roberts’ Rules of Order, purchase of: (R. 12) 5:17, 147; 320 (R. 26) 13:36, 149; (SCR 5) 14:37, 157 Sovereignty, proposal on: (P. 50) 11:29; (SCR 34) 42:57, 172 Ruddle, Francis G., name to be stricken from Petition No. Spencer, Samuel M., name to be stricken from Petttion No. 8: (Misc. 68) 20:46, 381 8: (Misc. 68) 20:46, 381 Rules Committee, membership increased: 77:130 Stainback, Ingram M. (see Governor of Hawaii) Rules, permanent, adopted: (SPCR 1) 3:11, 360; (SPCR 2) State property, proposal on: (P. 181) 33:58; (SCR 68) 49: 4:13, 360 78, 222-223 Rules, permanent, amendments proposed: 7:18; (R. 34) 23: State symbols (see Symbols, state and under names of each 50, 151; 25:51; (SCR 14) 26:52 symbol) Rules, temporary: (R. 2) 1:3—4, 145; 2:7—8 Statehood bill in Congress, expressing gratitude for passage Rules, Temporary committee on permanent rules: 1:7 by Senate Interior and Insular Affairs Committee: 64:103 Statehood bill in Congress, amendments proposed by State Safety, proposal on: (P. 122) 27:52; (SCR 16) 31:54, 159 hood commission: (DC 8) 11:29, 364-369 Schedule. describing representative districts, Constitutional Statehood Commission, informing Convention of proposed provision for: (CP 30) 63:103, 256-257; 64:104-105; amendments: (DC 8)11:29, 364 INDEX 449 Statehood Day as holiday: (R. 31) 16:41, 150; (SCR 59) Todaro, Tony, Communist control provisions suggested: 49:77, 210; 50:80; 51:84 (Misc. 88) 33:58, 385; (SCR 30) 41:65, 168; (SCR 39) Statehood hearings in Washington, D.C., certain delegates 44:69, 177; (SCR 71) 51:83, 226; (filed SCR 96) to attend: (R. 27) 13:36, 149; (R. 28) 14:38, 150; 15:40; 61:101, 259 17:42 Transition provisions, elections: (SCR 73 and CP 25) 51: Statehood hearings in Washington, D.C., oral report: 25:51 83, 227-228; 54:89; 68:109; 73:120; 74:120; 75:121 Statehood stamp and coin proposed: (R. 44) 63:103, 153; 122; 77:127—128; (CWR 27) 77:128, 357—358; (SCR (SCR 114) 73:118, 270 135) 78:133, 286-288; (3d reading) 78:134 Stockholder, domestic, qualifications for, proposal on: Transition provisions, generally: (SCR 68 and CP 23) 49:78, (P. 46) 10:29; (SCR 29) 39:64, 168 222—224; 50~81; 54:89; 68:109; 73:120; 74:120; Style Committee, final draft on Constitution submitted: 75:121—122; 77:127; (CWR 25) 77:127, 350—354; (SCR (SCR 137) 79:139, 290—294 135) 78:133, 286—289; (3d reading) 78:134 Style Committee, style and order of Constitutional provi Trask, Delegate Arthur K., statehood cablegram to U.S. sions: (SCR 45) 46:71, 181-182 Senator Chavez: (Misc. 115) 77:128, 390; 78:132—133 Submission and Information Committee, membership in Treason, provision on, deleted: (CWR 5) 303 creased: (SCR 131) 77:130, 284 Treasurer: (SCR 51) 191-192 Subtitles in Constitution not to be considered in interpreting Treasurer, Territorial, informing Convention of services Constitution: 77:131 offered by Wood, King and Dawson: (DC 5) 4:15, Suffrage (see Elections) 364; 45:70 Supreme court (see also Courts and Judges) — Treasurer, Territorial Deputy, appreciation for assistance: advisory opinions of, proposal on: (P. 58) 12:31; (SCR (Misc. 110) 62:102, 389 37) 43:69, 175—176 Truman, Harry S. (seS President, U.S.) Constitutional provision for: (SCR 37 and Cl’ 7) 43:69, 173—176; 44:69; 48:74-75; 49:78—79; 51:82; United Public Workers of America, C.I.O., request to (CWR 8) 60:98, 307—312; 61:99; (SCR 100) 64:104, appear before committees: (Misc. 3) 4:15-16, 370; 260—262; 69:111; 77:129-130; (3d reading) 77:130 53:87 justices — United States (see also under name of specific organization incapacity: (CWR 8) 310 or position) removal: (CWR 8) 309-310 United States, lands (see Lands, federal) retirement: (CWR 8) 310 United States, property of, proposal on: (P. 154) 32:56; selection: (CWR 8) 308-309 (SCR 70) 51:83, 225 proposal on: (P. 3) 5:16; (SCR 37) 43:69, 175-176 University, Constitutional provision for: (SCR 52 and CP quorum: (CWR 8) 308 11: 49:76, 204—206; 50:79 54:89; 55:90; 56:91; Symbols, state: (R. 29) 15:39, 150; (SCR 55) 49:76, 208; (CWR 10) 61:100, 316-317; (SCR 104) 66:107, 264- 54:89; 56:92; 62:102; 63:102—103; 64:105—106; 265; (3d reading) 69:111 68:109—110; 69:111; 70:114; (CWR 14) 70:115, 320 University of Hawaii, Regents, Board of, membership to include officer of Board of Agriculture: 61:100; (CWR 10) 316 Taok, E. A., extending invitation to mass meeting: (Misc. Utilities, Public, proposals on: (P. 150) 32:56; (P. 152) 34) 16:40, 376; (Misc. 71) 21:47, 381-382 32:56; (SCR 95) 61:101, 259 Tax Commissioner, Territorial, appreciation for assistance: (Misc. 110) 62:102, 389 Vacancies, power to fill, proposal on: (P. 176) 33:58; (SCR Taxation — 67) 49:78, 218 Commissioner of taxes: (SCR 51) 191-192 Veterans of Foreign Wars, Honolulu Post, outlawing of Constitutional provisions for: (SCR 51 and CP 10) 49:76, Communist party urged: (Misc. 26) 14:37, 373-374; 191-201; 50:79; 54:89; 56:91-92; 57:92-93; 43:68; (SCR 72) 51:83, 228; 53:87 58:94; 59:95; 60:97; (CWR 18) 70:113, 327—331; Vice President, U.S., Alben W. Barkley, acknowledging (SCR 122) 75:121—122, 275—276; (3d reading) 76:123 receipt of resolutions: (Misc. 39) 18:42, 377; (Misc. estate: (SCR 42) 45:70, 179 121) 78:132, 391 gift: (SCR 42) 45:70, 179 Volcanic eruption, South Kona, governmental aid proposed: Hawaii Education AssOciation proposal: (Misc. 32) 15:39, (R. 42) 51:82, 152; (SCR 132) 77:131, 284 376; (SCR 6)16:41, 157 Voting (see Elections) inheritance: (SCR 42) 45:70, 179 Joint Tax Study Committee comments on proposals: (Misc. Waialua Lions Club, Lanai as separate county: (Misc. 95) 82) 31:54, 383-384; 45:70 39:64, 386-387; 51:83 local government, power to tax: (SCR 74) 228-230 Waimanalo Homestead Community Club, urging defeat of personal net income (SCR 42) 45:70, 179 Resolution Nos. 19 and 21: (Misc. 19) 13:35, 372 property of non-residents: (SCR 70) 225-226; (SCR 122) Water and water rights, proposals on: (P. 107) 24:50; 275-276 (P. 121) 27:52; (SCR 78) 53:87, 232 proposals on: (P. 7) 6:17; (P. 13) 6:18; (P. 80) 13:35; Water resources: (SCR 78) 232 (P. 140) 31:55; (P. 141) 31:55; (SCR 44) 45:70, We, the Women of Hawaii, Hawaiian Homes Commission 179-181; (Misc. 93 and CP 2) 35:60, 386; 57:93 Act retention: (Misc. 78) 26:52, 383 real property, home exemptions: (SCR 41) 45:70, 179; Weights and measures, proposal on: (P. 192) 33:59; (SCR 46:71-73; (CWR 4) 48:74, 299; (SCR 42) 45:70, 179 61) 49:77, 210 uniformity: (SCR 51) 195 Welfare — Taxation and Finance Committee, appreciation for assistance Constitutional provisions for: (SCR 16 and CP 1) 3 1:54, received: (Misc. .108) 62:102, 389; (Misc. 109) 62:102, 159—161; 32:55; 36:61; 37:62; 38:63; 39:64; 389; (Misc. 110) 62:102, 389 (CWR 2) 40:64-65, 296-298; 41:65; (SCR 45) 46: 450 CONVENTION JOURNAL AND DOCUMENTS Welfare — 46:72, 387; (SCR 126) 76:125, 280 Constitutional provisions for (continued): - Women, jury service: (P. 17) 7:19; (SCR 11) 20:46, 158; 71, 181-182; 47:73; 48:74; (3d reading) 51:82 (SCR 34) 42:67, 172; (SCR 37) 43:69, 175—176; (SCR proposal on: (P. 122) 27:52; (SCR 16) 31:54, 159 128) 77:128, 280 report on general welfare by Chamber of Commerce of Women, minimum wages, proposal on: (P. 38) 9:23; (SCR Honolulu: (Misc. 85) 32:55, 384 29) 39:64, 168 West Maui Hawaiian Civic Club, Hawaiian Homes Commission Wood, King and Dawson, services rendered: (DC 5) 4:15, Act retention: (Misc. 29) 15:39, 375 364; (SCR 43) 45:70, 179; (Misc. 109) 62:102, 389; White, Delegate Henry A., appreciation for daily supply of (R. 47) 73:118, 154 pineapple juice: 78:135 White, Esther Spring, condolence extended upon death of: (R. 36) 29:53, 151; (Misc. 89) 34:59, 385; (Misc. 124) Yamaguchi, Yoshiko, artist from Japan: 15:39 78: 132, 39 1-392 Yamamoto, Mrs. Miyeko, P.T.A., Japan: 23:49 Windward Oahu Community Association, Hawaiian Homes Y.M.C.A., invitation to use recreational facilities: (Misc. Commission Act: (Misc. 98) 46:72, 387; (Misc. 99) 87) 33:58, 384—385