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It is a self-evident fact that the place to prosecute an inquiry as to the number of the citizen population is in the Territory of Hawaii, and was within the authority of the legislature, and on its failure to act, was within the authority of the Governor of the Territory through the use of his emergency funds to prosecute and acquire such information.

Each and every legislature has been controlled by Republican members who were always in a large majority.

Each legislature for the last 23 years, from 1910 to date, and after each such census was ascertained, has deliberately and willfully neglected, failed, and refused to pass reapportionment legislation as provided for under the mandatory provision of said act of Congress, our Organic Act, generally making the claim that each such census was insufficient and incomplete and did not contain or show the citizen population of the respective senatorial and representative districts of Hawaii, and that therefore the Legislature of the Territory of Hawaii was unable to act and pass the legislation provided for by said act of Congress.

Section 67 of said act of Congress provides: "That the Governor shall be responsible for the faithful execution of the laws of the United States and of the Territory of Hawaii."

Each Governor of the Territory of Hawaii since the year 1910 and for the last 23 years has been aware of and has had his personal attention called to the refusal of the various legislatures to pass reapportionment legislation as required by the mandatory provisions of the said act of Congress, and likewise to the killing of various bills offered in said legislatures for reapportionment, and also to the daily comment in the newspapers concerning such procedure.

Each such Governor has failed, neglected, and refused to take any action to obtain information for legislative use upon which to base and pass proper legislation for reapportionment as required by said act of Congress, although all of said Governors have had at their command and disposal the expenditure of large sums of money, generally $50,000 or more for each biennial period in the aggregate totaling in said 23 years more than $500,000 for public and emergency purposes.

Each and every such Governor has acquiesced in the aforesaid neglect and refusal of the various legislatures to pass reapportionment legislation, and each and every such Governor has acquiesced in the fraudulent and illegal control of all of said various legislatures within the terms of such Governors, by the large sugar plantation interests in the first, second, third, and sixth senatorial and representative districts on the islands of Hawaii, Maui and Kauai through their financial and political control of a minority of the citizen population of the Territory of Hawaii, residing in said district.

This acquiescence by said Governor is shown from 1910 to 1934 by their biennially calling for elections, of senators and representatives from said senatorial and representative districts of the same numerical strength as is set forth on page 1 hereof for the first election under said act of Congress from 1910 to and including November 6, 1934, requiring such elections to be upon the reapportionment basis of the numerical strength of the citizen population in each said district.

A large majority of the citizen population of the Territory of Hawaii resides permanently in the fourth and fifth senatorial districts of the Territory of Hawaii on the island of Oahu, and said majority has been fraudulently and willfully deprived of its right to vote for an increased number of members for the senate and house of representatives from said fourth and fifth districts on said island of Oahu, and the individual members of said majority of the citizen population of the said Territory of Hawaii residing permanently as aforesaid in said fourth and fifth districts have likewise been deprived of their rights to participate as candidates for election of such senate and house of representatives.

It is submitted that every call issued from the Governor's office or his secretary of the Territory's office for the election of senators and representatives from the various senatorial and representative districts from and after the year 1910 to the date hereof for a lower numerical strength than that required in accordance with the provisions of section 55 of said act of Congress (our Organic Act) was and is null and void; that therefore said elections were null and void and all of said legislatures so elected were illegal and the alleged laws passed by the proceedings of said legislatures are illegal and void.

The CHAIRMAN. The next man is J. Stowell Wright.

Mr. WRIGHT. My name is J. Stowell Wright, and I live at 556 Tenth Avenue, Honolulu. I have lived in Hawaii for 18 years, coming here from the State of California, where I was born. I was graduated from grammar school, high school, and university here in Honolulu. I did newspaper work in Hawaii for about 10 years, and in 1933 I was appointed secretary to Delegate L. L. McCandless and served in that capacity in Washington, D. C., during the ensuing 2 years. I am now connected with the Federal Housing Administration, at present in the capacity of acting territorial director.

I have been in favor of statehood for Hawaii for about 10 years, ever since I gave the matter serious thought. I am speaking here now as a member of the Citizens' Committee on Statehood for Hawaii as well as a private citizen. In taking a stand in favor of statehood I am only being consistent with my convictions over a period of years. I do not expect to reap any personal economic gain if Hawaii becomes a State, so that it cannot be said that my advocacy of statehood is based on selfish motives. I believe that the Territory of Hawaii is ready for statehood. I believe that American ideals and institutions are firmly established in the minds and hearts of our citizens. Our historical and political background, our maintenance of an American system of local government for 35 years, our wealth, our population, and our area all prove us worthy of and ready for statehood.

There has been considerable discussion here about an implied promise of statehood for Hawaii at the time of the annexation of these islands. I am not a lawyer nor an historian, and I do not pretend to know whether or not there was such a promise, either actual or implied. But I do believe that any people, citizens of a sovereign republic such as Hawaii was at the time of annexation, who came into the Union as Hawaii did, had every right to look at the histories of other Territories that have achieved statehood, and to expect that when Hawaii attained the same degree of development as had other Territories at the time of their admission as States, she, too, would be admitted as a State. I believe Hawaii has fulfilled all her obligations in this regard and has qualified for full membership in the American sisterhood of States.

Regarding reapportionment, I believe we should have that at once, whether or not we are now granted statehood. Our local government should be based on a fair and equitable apportionment of the representatives of the people and not on a system of apportionment that may have been fair 35 years ago, but which now, due to a constant shifting of the population, is antiquated, illegal, and undemocratic, a system under which a minority of the voters elect a majority of the legislators.

Considerable testimony has been given regarding the racial question here in Hawaii. On that question I would like to make this statement. I came here from California, a State rather well known for its racial prejudices. I have gone to school here with persons of all racial stocks represented in Hawaii. I have played with them, fought with them, studied with them, and traveled with them, and I think I know them and am qualified to express an opinion on their reactions and abilities.

Mr. DEMPSEY (interrupting). What is your position?
Mr. WRIGHT. I am with the Federal Housing Administration.

I have lived here for 18 years and have grown up with boys and girls, men and women of all the varied races found here. I believe the citizens of Hawaii, regardless of race, are just as loyal to the Stars and Stripes, are just as good Americans as any group of similar size anywhere in the United States. I can state as a fact that as long as I have lived in Hawaii and as intimately as I have known the Hawaiian-born citizens of various racial derivations, I have never seen any indication that American citizens of Hawaii are not just as loyal as the American citizens of any State in the Union. The CHAIRMAN. Any other questions?

(No response.)

Mr. King, did you wish to say something?

Delegate KING. With regard to this question of an implied obligation, I will read from the preamble to the treaty of annexation which was pending in the United States Senate at the time of annexation [reading]:

The United States of America and the Provisional Government of the Hawaiian Islands, in view of the natural dependence of those islands upon the United States, of their geographic proximity thereto, of the intimate part taken by citizens of the United States in there implanting the seeds of Christian civilization, of the long continuance of their exclusive reciprocal commercial relations whereby their mutual interests have been developed, and the preponderant and paramount share thus acquired by the United States and their citizens in the productions, industries, and trade of the said islands, and especially in view of the desire expressed by the said Government of the Hawaiian Islands that those islands shall be incorporated into the United States as an integral part thereof and under their sovereignty, in order to provide for and assure the security and prosperity of the said islands, the high contracting parties have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

Now, that treaty was passed by the Hawaiian Legislature, approved by the President of Hawaii, approved by President McKinley, and sent by him to the United States Senate urging its approval by the Senate, and while it was pending it was superceded by a joint resolution of Congress and the first was lost to us. This, I believe, is a moral or implied obligation to grant us statehood, but it is true that no pledge or contract was made, since no time element was contained in that. At the time this Territory was annexed there were only two others left and all have been admitted as States since, except Hawaii. One as a Territory 3 years and one 62 years, so the time element does not enter into the matter.

Mr. DEMPSEY. I appreciate what you have read, but you haven't read anything that indicates that there was an implied contract. Delegate KING. An implied obligation by the very fact that we are an incorporated Territory. It is the hope of the people, because that is the history of every other Territory.

The CHAIRMAN. This will conclude the present hearings in Honolulu. Hearings will be held on the other islands and we will return a week from this morning. Before that time we hope all briefs will be presented. This will not preclude anyone from presenting their briefs. I think everyone understands that the hearings are open, free, and above board. We have attempted to make them so, and I speak for this committee when I say that we have come here

with open minds and with open spirits, and open hearts, to give you the best possible hearing we could, to do it honestly and fairly. We thank you so much for your attention and the testimony that has been given.

Mr. HOUSTON. May I just have a moment on the reapportionment question?

(The Chairman consented to hearing Mr. Houston.)

When the United States census as taken did not provide the data which would allow of the reapportionment being made in accordance with the Organic Act, the Territory of Hawaii applied to the Department of Commerce for a completion of the census in order that we might have reapportionment, and they said that they would complete that census if we paid for it. Up to this time a complete census has never been taken by the Government which would give the data under which reapportionment can be made.

Dr. CRAWFORD. I would like to ask permission to present for the record a summary of the case for statehood.

Mr. CHAIRMAN. I think that will be permissible, if it is to be a supplement to the actual testimony taken.

If that is all, we will adjourn.

(The hearing was adjourned at 4:55 p. m.)

STATEHOOD FOR HAWAII

FRIDAY, OCTOBER 11, 1935

SUBCOMMITTEE ON TERRITORIES,
HOUSE OF REPRESENTATIVES,
HAWAII COUNTY,
Hilo, Hawaii.

Present: Hon. Eugene B. Crowe, Hon. Ernest Lundeen, and Hon. Samuel W. King.

Mr. HARRY IRWIN (chairman, local subcommittee). Mr. Chairman and members of the congressional party, ladies and gentlemen: The hearing will come to order. It must be understood that the gentlemen who are called to appear on the platform tonight at this hearing have volunteered to make statements. It must also be understood that any person in this audience has the right to come up and make a statement, whether in favor of statehood or against it, and we request that any person who desires to come up and make a statement should do so. The committee of the county of Hawaii is anxious to have the honest expression of opinion of everyone who desires to speak. We want the committee here from Washington to get the honest opinion of the people of the county on this vital question, and people who are in favor of statehood and against statehood are equally welcome on the platform. I am going to ask Delegate Samuel W. King to introduce members of the congressional committee who are here at the present time.

Mr. SAMUEL W. KING (Delegate to Congress from Hawaii). Mr. Chairman, members of the congressional committee, and friends: In Congress, every Member is a member of several committees, and all have their own duties to look after in addition to looking after the interests of their districts. It is exceedingly hard to drive them away from their first and primary duty, that of looking after their own districts. I think, therefore, that we are very fortunate in having with us five members of the House Committee on Territories. One member, Mr. Dempsey, is also a member of the Insular Affairs Committee. He left to join the inauguration of the new Filipino Commonwealth. That left five others who have come to Hawaii and Maui. One has gone ahead to visit Kona, and join us there. Another is indisposed and unable to be present at this session.

I want you to understand that Congress works in subcommittees who report back to the full committee, and the full committee makes its report to the entire Congress, and the gentlemen here tonight really represent the whole committee, the same as if they were all present. I want to introduce the chairman, who has carried on this work in a splendid, open-minded and impartial manner in an effort

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