The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-02-18

volume of the Statute Laws, and appeared in
ls47. Since AT, each year, with the exception
of 184S, when there was no regular session of the
legislature) has added a fresh volume to our col
lection of enactments, and, with the penal code,
also the work of the late Chief Justice, the
Hawaiian Statutes now consist of twelve volumes,
containing 1911 pages. Scattered through SO
many books, -imperfcctly translated often
amended and re-amended-some re-enacted, and
others virtually but not absolutely repealed, and
many impracticable or impossible of enforcement,
the statute laws have become a puzzle and a nui-
sance to whoever is SO unfortunate as to be COM
PEELED to consult them.
The subject of a codifcation of the laws was
mentioned in the House of Representatives in "a
and '55, but it did not receive that attention
which its importance deserved until the session Of
1856, when the Legislature by joint resolution,
appointed H. r. Ii. Prince Kamehameha, the
late Chief Justice Lee, and Associate Justice
Robertson, a committee to prepare a complete
civil code, adding notes with reference to impor-
tant decisions of court under the laws. wherever
they might think necessary, and to report the
same for the sanction of the Legislature of 1858,
with an appropriate index for facility of reference.
The resolution passed ON this subject is as fol-
ows:
"Resolred, That whereas, it is desirable to codify
our existing laws, His Royal Highness, Prince Kane
hameha, the Honorable W. L. Lee, Chief Justice. and
the Honorable George NJ. Robertson, Associate Judge
of the Supreme Court, are appointed n committee to
prepare a complete civil code, adding notes with refer
sncc to important decisions of court under the laws,
wherever they may think necessary, and TO report
the same for the sanction of the Legislature of 1858,
with an appropriate index for facility of reference"
The work thus imposed upon the committee was
begun by them soon after the Legislature adj
journed, and was continued until the illness of
the late Chief Justice suspended their operations.
Subsequently his successor in Office has also been
appointed to gil his place in the committee of
codiication. We learn that the work is now
nearly completed and will be ready for presenta-
ton to the Legislature on the opening of the ses-
sion, whenever, during 1858, His Majesty may
order it to be convened.
The measure is one of paramount Importance
to the country, and it remains to be seen how
thoroughly and judiciously the commissioner
have done their work. The laws and regulations
which pertain to each department should be con-
tanned under their appropriate headings, thus
marking as distinct and separate the statutes reg
ulating the Departments of Finance, the Interior,
Education, Foreign Relations and the law. The
power conferred on the commission by the Legis-
lature was "to prepare a complete civil code,''
leaving it very indefinite whether the work of
the commission was simply to codify the existing
laws without proposing additions or new enact
nents, or whether they might be at liberty to
apply the pruning knife to some of the overgrown
results of Hawaiian legislation to reconcile ex-
listing discrepancies by altering the translation
to simplify obscure passages and to condense
wherever the wording is unnecessarily verbose.
Like many of the Acts of our Legislature, the pro-
visions of the resolution were altogether too in
and it was probably passed without any
definite understanding on the subject by the mem
bers. The Commission have, we believe, taken
the broadcast view of the power conferred, and
made rany alterations. The code, however,
ought to be made fully public, and thoroughly
discussed before becoming a law of the land, and
we hope that the Legislature VII pass no portion
If it without such publicity and discussion.