The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1858-12-16
TEE PACIFIC
Commercial Advertiser.
THURSDAY. DECEMBER 16.

".
The LEGISLATURE, or rather the House of Rep
resentatives, is now fairly engrossed with the i'm
portant work of "A new Civil Code, the enactment
of which it is hoped, will be of essential benefit to
all classes in the kingdom, not merely by conden-
sing and simplifying the present heterogeneous
mass of laws, but more especially by readjusting
the apportionment of taxes so that the support of
government may fall more e~quitably on every
class, according to their ability to contribute and
the benefits they derive from it. Thus far the
House appears to have moved along tremendously
in its consideration of the Code
But we are somewhat surprised at the shape in
which some of the new laws left the hands of the
Joint Code Committee. 1t was supposed that inn
portant changes from existing laws would be
made,-and this circumstance should have led to
a publication of the tenor of the proposed changes,
that they might be discussed, Z" looked at inside
and out" and be approved or discarded only after
the most mature consideration. Legislators are
not infallible, and the enactment approved to-day
may be found tomorrow to be suicidal in its
operation on the interests it was supposed to
benefit.
In the draft of the Code as laid before the Lower
House, we find the following section, empowering
the Minister of the Interior to run the govern
ment into debt to the extent of $50, 900, for the
purchase of land or +" any property necessary for
the public service:"
"sec. IL. The said Minister lof the Interiorl under the direc-
ton and with the approval Of the King in Pnvy Council, shall
ings, and other lands for the use Of harbors, highways, wharves,
water works, and other internal improvetn- nts, and also any
same in such manner as the King in Privy Council shall direct:
for the purchase Of such lands or property shan al no time ex-
coed the sum OF fifty thousand dollars"
- L T-A~-s-- 49,,
thorized to act only on the approval of the Privy
Council. it requires but very little foresight to see
that the debt could really be incurred without
the aid of such approval, previously obtained.
The power to incur a debt equal to the sixth of
the annual revenue of the kingdom, should only
be given for definite objects approved by the Leg
~islature, or, if for indefinite purposes, under
greater restrictions than the section quoted con-
tains. There may be times when it is wise for
the government to incur a debt in the recess of
the Legislature and without the approval of that
body. Indeed the Bill of Appropriations sane
tions such debt for specified objects, but only by
His Majesty and Privy Council. The House of
Representatives. very properly rejected the section
we have quoted.
Again, the law relating to Auctioneers con-
tanned a very important change from the old law.
As it came from the Code Committee, it read:
Sec. 20. The price of an Auctoueer's license shall be such a
shan deem reasonable, not to exceed two per cent
The House of Representatives changed the
above rate to one per cent. The old law requires
a thousand dollars to be paid in adrance for an
Auctioneer's license. But under this new law,
a percentage can only be collected monthly or
quarterly, so that the treasury loses the interest
of one OF one and a half per cent. per month.
The change in the license from a specified sum to
a percentage is probably based on the auction
business of the past few years, which has been
about $500 600 per annum. But this year will
probably show a falling off of 800 900, while
next year may show a still greater diminution in
the sum total. We judge 50 from the changes
that are taking place in the mode of importing
the bulk of our merchandise, now consumed by
the shipping. So that, in fact, the increase in
the government income will be very questionable,
while the benefit Of interest is lost.
We notice changes in the rates of licenses: viz:
wholesale liquor to be $500. retail liquor the
same as at present; wholesale merchandise, 500;
retail, $50; plantation, $25, &c.
The liquor law, as it came before the House
had some singular features. First, any one,
natire or foreigner, could take out a license to sell
liquor at wholesale or retail ; Second, no liquor
could be sold to sc any subject" of His Majesty.
This is initiating the " Maine Law with a venge-
ance. After proposing to license the sale of
liquors by any one who may apply, the ommitt
would prohibit the sale of it to ANY subject"
The object of this law is apparent on its face,
viz: to raise the question and test the c%onstitu-
tionality of any prohibition in the sale of Ii
quor. Both these innovations the Representatives
discarded.
Again, the Code Committee recommend to al
low any manufacturer of wine to sell at retail or
otherwise to any one without let or hindrance.
This is very experimentation and having passed
as it came before the House, will probably furnish
every district in the kingdom with a retail dram
shop, under the specious plea of encouraging the
manufacture of wine. At present the law very
properly limits the wine manufacturer to the
wholesale of his wine, which bars his making a
dram-shop of his manufactory. Garry the new pro-
yiso into effect, and wherever a solitary vine can
be grown, there will be located a I" wine manu-
factory"
Another and more important matter is the pro-
posed change in taxation. It is proposed first to
alter or increase the present tariff duties. Aleo,
to impose a tax on real estate, and on most
kinds of personal property. Our views on the
subject Of increased tariff dues and also on real