Hawaiian Homes Commission Act, 1920: Hearings ... on H.R. 13500

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Page 31 - Doubtless Congress, in legislating for the Territories, would be subject to those fundamental limitations in favor of personal rights which are formulated in the Constitution and its amendments ; but these limitations would exist rather by inference and the general spirit of the Constitution from which Congress derives all its powers, than by any express and direct application of its provisions.
Page 132 - The second paragraph of section 2 of article 4 of the Constitution of the United States...
Page 33 - The state may not say that all white men shall be subjected to the payment of the attorney's fees of parties successfully suing them, and all black men not. It may not say that all men beyond a certain age shall be alone thus subjected, or all men possessed of a certain wealth. These are distinctions which do not furnish any proper basis for the attempted classification. That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification...
Page 131 - To be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs, and successors, forever; and said lands shall be regulated and disposed of according to his royal will and pleasure subject only to the rights of tenants.
Page 132 - ... section 2 of article 4 and section 1 of the fourteenth amendment. These sections are usually grouped in the textbooks under the title "Privileges and immunities and class legislation." Section 2 of article 4 of the Constitution provides that, "The citizens of each State shall be entitled to all privileges and immunities of citizens of the several States.
Page 3 - An Act to provide a government for the Territory of Hawaii...
Page 33 - No duty rests more imperatively upon the courts than the enforcement of those constitutional provisions intended to secure that equality of rights which is the foundation of free government.
Page 131 - The same act enumerates the lands which were transferred to the government by the King as having been "made over to the chiefs and people by our sovereign lord, the King, and we do hereby declare these lands to be set apart as the lands of the Hawaiian Government, subject always to the rights of tenants.
Page 31 - The personal and civil rights of the inhabitants of the Territories are secured to them, as to other citizens, by the principles of constitutional liberty which restrain all the agencies of government, State and National; their political rights are franchises which they hold as privileges in the legislative discretion of the Congress of the United States.
Page 131 - That portion of the public domain heretofore known as Crown Land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government, and to be now free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues and profits thereof. It shall be subject to alienation and other uses as may be provided by law. All valid leases thereof now in existence are hereby confirmed.

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