No apportionment as provided by this section was made by the last legislature. After the matter had been debated in the senate and house upon several occasions a concurrent resolution was passed by those two bodies calling for a joint session for the purpose of arranging the details of the apportionment of senators. The Republican and Democratic members of both houses took the stand that such session was illegal, there being no provision in the organic act for a joint session. The law upon this point is embodied in section 12 of the organic act, which reads as follows:

That the legislature of the Territory of Hawaii shall consist of two houses, styled, respectively, the senate and house of representatives, which shall organize and sit separately, except as otherwise herein provided.

The two houses shall be styled "The legislature of the Territory of Hawaii."

66

As there is no other or further provision in regard to the sitting of the two houses except as provided in section 12, it is argued that the legislature has no power, even by concurrent resolution, to authorize such session. The home rule" party, however, being in the majority in both houses, carried out the purpose of the concurrent resolution, and the house and senate met in joint session on March 30, April 1, April 22, and May 1, the result being that J. T. Brown, J. B. Kaohi, S. E. Kaiue, and William White were declared to be elected to serve for four years. Reference is hereby made to the journals of the house and senate for the days above mentioned for a more particular description of the proceedings of the joint sessions. Copies of these journals are on file in your office.

Even if the selection made by the joint session were legal, only four senators have been elected for the long term-section 30 of the organic act providing for the selection of eight.

It appears from these facts that difficulty may be expected at the election of next November unless some act is passed by Congress, either making the apportionment, or ordering a new election, or in some way providing for a legally constituted legislature.

I inclose the result of election for the 15 senators who served during the last session, which suggests that a fair determination of the matter would be to select 7 of the senators who received the lowest number of votes and declare them to be the short-termed senators, leaving the 8 who received the highest number of votes to be considered the long-termed senators; this will result in 2 from the first district, 1 from the second district, 3 from the third district, and 1 from the fourth district being elected at the coming election-the remaining 8 holding over.

Trusting that some action may be taken by Congress to definitely determine the matter, I have the honor to be, sir,

Very respectfully, yours,

HENRY E. COOPER, Secretary of the Territory.

EXECUTIVE CHAMBER, TERRITORY OF HAWAII,

Honolulu, January 3, 1901.

SIK: Mr. Cooper, secretary of the Territory, wrote you recently on the subject of the failure of the legislature to elect the senators who should hold office for two years only, under section 30 of the organic

act.

This is a matter of the greatest importance, as we shall be in a state of confusion and uncertainty at our next general election in November as to the election of senators, unless Congress shall provide in some way for the emergency. It would seem that a legal legislature for the next period is impossible without such relief from Congress. Mr. Cooper's letter suggests a practical method of legislation for overcoming this difficulty.

Very respectfully,

The SECRETARY OF THE INTERIOR,

Washington, D. C.

SANFORD B. DOLE.

O

INTERNATIONAL EXCHANGES.

LETTER

FROM

THE SECRETARY OF THE TREASURY,

TRANSMITTING

A COPY OF A COMMUNICATION FROM THE SECRETARY OF THE SMITHSONIAN INSTITUTION SUBMITTING AN INCREASED ESTIMATE OF APPROPRIATION FOR INTERNATIONAL EXCHANGES.

FEBRUARY 17, 1902.-Referred to the Committee on Appropriations and ordered to be printed.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY, Washington, February 14, 1902. SIR: I have the honor to transmit herewith, for the consideration of Congress, copy of a communication from the Secretary of the Smithsonian Institution, of the 12th instant, submitting an increase in the estimate, on page 297 of the annual Book of Estimates for 1903, for "International Exchanges, Smithsonian Institution," from $26,000 to $29,800.

Respectfully,

L. M. SHAW,

Secretary.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SMITHSONIAN INSTITUTION,

Washington, February 12, 1902. SIR: I have the honor to request that the amount specified in the estimate of appropriations by Congress for the International Exchanges of the Smithsonian Institution for the year ending June 30, 1903, be increased by the sum of $3,800, making a total of $29,800. In explanation of this request I beg leave to inclose a copy of a letter from the Librarian of Congress, bearing date of the 30th ultimo, stating that under the resolution of Congress of March 2, 1901, he is entitled to the privilege of distributing 100 copies of all United States Government publications through the International Exchanges.

HD-57-1-Vol 94- -7

The law explicitly provides 62 sets, or 10 more for transmission abroad than have heretofore been contributed, and it is for the handling and transportation of these 10 sets that an increase of $2,000 for 1903 has already been requested. The Librarian of Congress now informs me that in the interest of the Library he proposes to avail himself of the privilege of forwarding a selection from the remaining 38 sets to the great cities throughout the world, in order to improve the collection of municipal documents in the Library. It is expected that the selection in each case will be at least equal to one-half the size of the set forwarded to Government depositories, the supplemental estimate including the expense not only of forwarding these Government documents, but of providing for the transportation of such exchanges for the Library of Congress as may reasonably be expected in return. Thirty-eight half sets, at $100 each, are then estimated for at $3,800. S. P. LANGLEY,

Very respectfully, yours,

The SECRETARY OF THE TREASURY,

Secretary.

Washington, D. C.

THE LIBRARY OF CONGRESS, Washington, D. C., January 30, 1902.

SIR: Under the resolution of March 2, 1901, to regulate the distribution of public documents to the Library of Congress for its own use and for international exchange (Stat. L., v. 31, p. 1464), 62 copies of all Government publications are allotted, of which 60 will be available for exchange. But in addition to these the resolution gives me the privilege of enlarging this number to not exceeding 100 copies. It is proposed that the additional 38 copies shall be used largely in exchange with the more important municipalities of foreign countries in order that the valuable material relating to local administration, public works, rapid transit, gas and water supplies, and the other interesting problems of city government shall be available for the use of investigators in the Library of Congress. I shall hope at a very early date to request the kind offices of the Institution in arranging such an exchange with foreign cities.

I have hopes that before the new fiscal year begins the exchange list of the Library may be materially enlarged, as contemplated by the resolution of March 2.

Very respectfully,

HERBERT PUTNAM,
Librarian of Congress.

The SECRETARY OF THE SMITHSONIAN INSTITUTION,

57TH CONGRESS, HOUSE OF REPRESENTATIVES. (DOCUMENT 1st Session.

BRIG LOUISA.

LETTER FROM THE ASSISTANT CLERK OF THE COURT OF CLAIMS, TRANSMITTING A COPY OF THE CONCLUSIONS OF LAW AND FACT IN THE FRENCH SPOLIATION CASES RELATING TO THE BRIG LOUISA, BENJAMIN WHEELER, MASTER, AGAINST THE UNITED STATES.

FEBRUARY 17, 1902.-Referred to the Committee on Claims and ordered to be printed.

COURT OF CLAIMS,

Washington, D. C., February 15, 1902. SIR: Pursuant to the order of the Court of Claims I transmit herewith the conclusions of fact and of law, filed under the act of January 20, 1885, in the French spoliation claims set out in the annexed findings by the court relating to the vessel, brig Louisa, Benjamin Wheeler,

master.

Respectfully,

Hon. DAVID B. HENDERSON,

JOHN RANDOLPH, Assistant Clerk Court of Claims.

Speaker of the House of Representatives.

[Court of Claims, French Spoliations. (Act of January 20, 1886. 23 Stat. L., 283.) Vessel brig Louisa,

No. of case.

Benjamin Wheeler, master.]

Claimant.

2588. Charles R. Street, administrator of Richard Hubbell, jr., deceased, v. The United States.

Richard Hubbell, administrator of Richard Hubbell, sr., deceased, v. The
United States.

2586. Fenelon Hubbell, administrator of Benjamin Wheeler, deceased, v. The United States.

658. Harriet Sebor, administratrix of Jacob Sebor, deceased, v. The United States. 159. Louisa A. Starkweather, administratrix of Richard S. Hallett, deceased, v.

The United States.

2012. Walter Bowne, administrator of Walter Bowne, deceased, v. The United States.

4670. Leopold Mark, administrator of Louis Mark, deceased, surviving partner of firm of Leopold Mark & Co., v. The United States.

PRELIMINARY STATEMENT.

These cases were tried before the Court of Claims on the 25th day of April, 1901. The claimants were represented by James Lowndes, William T. S. Curtis, and J. M. Wilson, esqs., and the United States, defendants, by the Attorney-General, through his assistants in the Department of Justice, Charles W. Russell and John W. Trainer, esqs., with whom was Assistant Attorney-General Louis A. Pradt.