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U.S. Senate Report 80 for S. 50 (March 1959)

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U.S. Senate Report 80 for S. 50 (March 1959) Calendar No.75 86TH CONGRESS ) SENATE J REPORT 1st Session No. 80 ..... STATEHOOD FOR HAWAII MARca 5, 1959.-Ordered to be printed Mr. JACKSON, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 50] The Committee on Interior and Insular Affairs, to whom was re- ferred the bill to provide for the admission of the State of-Hawaii into the Union, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The action of the Interior Committee in considering the measure, which is sponsored by 56 Members of the Senate, and voting to report it favorably was unanimous. The committee held hearings in February of this year on S. 50-the 23d public hearing on Hawaii statehood that has been held by com- mittees of Congress since 1935-followed by executive conferences to amend and perfect the bill. PURPOSE OF MEASURE The purpose of S. 50 is to provide for the admission of the populous and prosperous Territory of Hawaii, which has been an integral, "in- corporated" part of the United States for 60 years, into the Union as a full and equal sovereign State. Passage of this measure would re- quire no further action by the Congress, but several important steps by the people of the Territory and by the President will remain after enactment. Hawaii is the only incorporated Territory-one to which the Consti- tution of the United States has been expressly extended-under the American flag which has fulfilled all of our historic precedents for statehood but which has not yet achieved the destiny of all other incorporated Territories. No other area meets the well-established criteria under which 37 States have been admitted since the formation of the Union by the Thirteen Colonies. 59001 Res., Vol. 1, 86-1, 0-61 2 STATEHOOD FOR HAWAII MAJOR PROVISIONS A section-by-section analysis of S. 50 is set forth later in this report. The major provisions of the bill are: Approval of proposed State constitution In the tradition of a number of other Territories, the Legislature of Hawaii in 1949 enacted a measure to provide for the holding of a State constitutional convention. The elected delegates drafted a constitution, which was submitted to the people by plebiscite. De- spite the active opposition of the leadership of the International Longshoremen's and Warehousemen's Union (the ILWU), the con- stitution was adopted by the overwhelming majority of more than 3 to 1. This proposed Hawaiian Constitution was presented to Congress of the United States as a matter of information by the Senate Com- mittee on Interior and Insular Affairs on August 28, 1950, as a supple- ment to its Report No. 1928, favorably reporting H.R. 49, 81st Con- gress, a predecessor measure to the present statehood bill. It was set forth in the Senate committee's report on the Hawaii statehood bill in the 82d, 83d, and 85th Congresses, and is again submitted to the Senate in this report [appendix A]. The Hawaiian Constitution has been commended by the National Municipal League as setting "a new high standard in the writing of a modern State constitution by a convention." S. 50 finds this document to be "republican in form and in con- formity with the Constitution of the United States and the Declara- tion of Independence," and ratifies it with certain provisions that must be adopted by the people of Hawaii. In the event they do not approve, all other provisions of this Statehood Act will cease to be effective. State boundaries Under S. 50 the boundaries of the new State will include all of the islands and territorial waters of the Territory of Hawaii, except the island of Palmyra. Palmyra Island is a small island nearly a thousand miles south of Honolulu and is owned by one family. The committee does not believe that it is an appropriate part of the State unit even though it has, for census purposes, been included within Honolulu County. The bill specifically excludes certain other islands which are not considered to be part of the Territory. Voter plebiscite By plebiscite the qualified voters of Hawaii will adopt or reject three propositions: (a) Shall Hawaii become a State immediately, (b) acceptance of the boundaries of the new State, and (c) acceptance of all the provisions contained in the statehood bill. The new State will not be admitted to the Union if any of these three is turned down by the electorate. Land grants When Hawaii was annexed in 1898 the crown lands of the former monarchy and the Government lands became Federal lands. Through the years some of these lands have been set aside for special purposes and others have been exchanged for different lands. Those remaining STATEHOOD FOR HAWAII 3 in unreserved Federal ownership are, for the most part, mountainous and of little value. The Territory has administered the public lands, except Federal reservations, for the United States since annexation and has collected the revenues and spent them for public purposes. Section 5 of the bill provides that the State of Hawaii shall succeed to the title now held by the Territory to most of the remaining ceded lands, saving to the United States title to all lands set aside for public use under acts of Congress, Executive orders, or Presidential or gubernatorial proclamations. The section also provides that title to any public lands which are controlled by the United States under permit, license, or permission issued by the Territory of Hawaii and which may during the ensuing 5-year period be set aside for the use of the United States by congressional act or Presidential order shall remain in the United States. It alsoretains in effect the President's authority to restore lands to their previous status after admission. The use of and benefits from the granted lands will remain the same as they now are. Election of State and Federal officials As soon as possible after the enactment, the President is required to certify the fact to the Governor who will call an election of all State elective officers provided in the proposed State constitution and of two Senators and one Representative in Congress. This additional Representative in Congress will cause a temporary increase in the overall membership of the House until the next appor- tionment, but the bill does not change the basis for apportionment or the permanent overall membership. Maritime matters Hawaii is on many trade routes to and from the Orient. Therefore, it has been a common port of call for American vessels in foreign trade. Such vessels are often granted certain Federal subsidies to better enable the American merchant marine to compete with foreign fleets. One of the conditions to grants of subsidies is that such vessels will not engage in domestic trade in competition with the nonsubsidized coast- wise and intercoastal carriers. The protected routes granted to non- subsidized vessels include trade between the continental United States and any American possession or Territory. The Merchant Marine Act, 1936, made an exception to this protective rule by allowing sub- sidized vessels to call at Hawaii while on a voyage in foreign trade, making an adjustment in subsidies to prevent improper competition. This type of shipping is an integral part of the important Hawaiian shipping industry. To change it would cause serious and unnecessary confusion. The bill retains the right of such subsidized vessels to continue call- ing at Hawaii after statehood on the same conditions as now exist. Section 18 of the' bill also retains regulatory jurisdiction of water commerce between Hawaii and the mainland in the Federal Maritime Board. Without a special provision retaining jurisdiction, such juris- diction would automatically fall to the Interstate Commerce Com- mission. The committee does not feel that the statehood bill is the place to confuec .hipping procedures, authorities, and regulations. Aviation matters Hawaii presents a unique situation with respect to the impact of statehood on the Federal regulation of air transportation between the 4 STATEHOOD FOR HAWAII main islands. This is because of the geographical structure of the Territory, the land areas being separated by substantial expanses of ocean which are not included in the territorial limits of Hawaii. Hence, most, if not all, of the interisland air transportation passes through airspace not a part of the Territory. Under the provisions of the Federal Aviation Act of 1958 and other applicable Federal legislation, the Civil Aeronautics Board exercises economic regulatory jurisdiction over carriers engaged in interstate air transportation, which is.defined to include not only transportation between a place in a State and a place in any other State, but also transportation between places in the same State through the airspace over any place outside thereof. Consequently, with the admission of Hawaii as a State, interisland air ~transportation will remain subject to the economic controls provided by the Federal Aviation Act including other applicable Federal legislation, because that transportation, or most of it, while between places in the same State, will pass through airspace outside the State. In the other States, air transportation of this kind passing through airspace outside the State is of slight volume in comparison with air transportation merely between places in the same State. In the case of Hawaii, the reverse would be true. The committee wishes to make it clear that it believes the application of the provisions of the Federal Aviation Act and other applicable Federal legislation to the State of Hawaii should continue in accord- ance with the definition of interstate air transportation as contained in that act.
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