Polynesian., 1860-06-09
No. 6.

ignorance or with corrupt false motive If votes
had been rejected through ignorance the election should
not be set asde unless shown that such rejection
had affected the result But, in proof of single vote
corrupy received rejected the House should declare
the election void The question is then narrowed to this,
There is nothing in testimony to show that the
other candidate elected rejected by Of this
action of the Inspectors The question is now, did they
so rule ignOrantly coruptly Once the rule estab
lshed that the least corrupt conduct in Inspectors Of
elections will vitiate the election. shall have pure
elections On the adoption Of the majority report ayes
| IL, nays s.
The committee rising the House adopted their report
and passed resolution declaring the seat Of the
Der from Waialua vacant
Mr. Ukeke presented a resolution that this House do
enquire why /" Kmo,'' (J. Dowsett) who elected
member for Honolulu, absents himself from the service
of the House. Upon suggestion to the honorable gen.
tlemen that his object must be effected by following the,
rules of the House A. As 46 prescribing the mode of
compelling absent members to attend. he withdrew his
resolution.
Took up order of the day, Mr.. Chamberlayne's
Oaths bil in Committee of the House.
The proposer of the bill considers that it has been
omitted in the Civil Code to give the necessary power
to certain officers to administer Oahs in certain cases
where the law directs oahs to be taken. No decisive
action was had on this bill it was referred to select
committee to consult the Chief Justice thereon.
Adjourned to the usual hour
| NINTH DAY, June l.---Mr. Ukeke moved O call Of
the House, that the absentees might be noted and
brought in by the Sergeant at Arms. Opposed by
Messrs. Green Webster, Kalama and Naapaakai as
unnecess ry there being only two vacant seats.
/ Laid on the table.
| Mr. Guick Clerk of the House, gave notice of in
tended resignation. Messrs. Green, Barenaba and Ks-
hulanui appointed Committee to find suitable
| person for election to the place.
Petitions, to "open rum referred to Committee
| Agriculture; of f-- for back pay as District
Justice, of Hsmakua, Maui, $780, from Puma Hawaii,
! to open government lands.
The Speaker presented n petition which had been
laid upon his desk from Achew Chinese merchant Of
Honolulu that the Minister Of the Interior be author
lied to grant a license to sell opium, with monopoly
of the business. Also, petition from Hon. ]. Wight,
to draw salary appropriated for circuit Judge Of Ko-
na for the time during which he discharged the duties
of Judge OF that circuit previous to the appointment
OF the present incumbent Severaly referred.
Mr.. Knudsen of the Committee on Printing reported
that they had conferred with the Editor of the Haze
Haca, in relation to furnishing the House with his
paper, and publishing a report of its proceedings.
Terms offered were $3 on per hundred instead of
SO 20 as by the bill for the first hundred, 81 so per
day for reporting, and SS 90 per column for printing
the reports, deyoting three columns to this purpose
The aggregate expense would be $2l 90 per week.
MeSsrs. kalama and Baldwin moved that the Commit
tee be instructed to inquire further of the conductor
of the Catholic press and Editor of Hooa for terms
Mr. Webster thought the House should not pay any,
| thing for reports. 1t was not customary Reports
OF the nature of news. and not advertisements
and the Editor in the last paper assures his readers
/
if anything important is transacted emitting the de-
| bates. Subject recommtted.
Resolution TO appropriate 5000 for government Of
fees on MOlokai, referred to Committee on Internal
| Improvements.
! Orders of the day in Committee of the Whole Mr..
Chamberlaynes bill to amend Penal Code, Chap VII,
Sec. 9, to read. under Indictment for mur-
der the jury may return verdict for murder in either
degree, for mansaughter for assault and battery
under either section of Chap. TX, assault and bat
tery;) ditto under Indictment for manslaughter. Mr.
C. said the amendment to aid the ends of justice
in cases where party being indicted for murder
mansaughter the Jury cannot find charged, and the
party escapes all punishment, but under the amended
law might be found guilty of less both and heavily
punished therefor. The District Attorney cannot al
ways know exactly what the evidence will be, and
frame his indictment accordingly, to insure conviction.
The bill would meet such cases. two which had been
tried during the year, in which there had been fail
ure of justice from the want of such provision. Mr..
Kaama thought that if the District Attorneys did, Mt
know what the evidence be they ought to, and
that if they made imperfect indictments it their
fault that the operation of this law would be that u
ries would reduce the high crime of MURDER to the
petty offence of affray. Mr.. Webster doubted the
operation of the bill framed the reference to
Chap. TX was too general Referred procure opin-
| ion of Chief Justice.
Mr.. Kipi's bill to give district Justice of North Ho
jurisdiction in civil between " foreign residents
and native Hawaiians' Mr.. McCully moved to strike
the second section, that the act go into effect from
day of its passage being unnecessary, under section
of civil code, strike out in the native, the words
g hanauia alma e,'' after the word haole - to
strike out the word 90 hoohoO, and insert " hoosolo-
koo. to insert clause limiting this jurisdiction to the
Hio district North of Hakalau gulch. The present
bill authorizes try, but not to determine, made no
provision for appeal, had limit to jurisdiction ia
amount established concurrent and perhaps conflicting
districts of jurisdiction, &C. Referred to Messrs Cham
berlayne. McCully and Kipi to report amended.
TENTH Day. June 2.-Petitions, by Mr.. Naiapaakai
r u.
same pay in Lahana; by Nahinu against distllilg
and selling rum
Mr.. Knudsen of Committee on printing reported that
the Editor of the Hae HaOaii adhered to his as
reported yesterday.
Resolutions, received and referred. Appropriating
$500 for Court House i'll Kau; also, for 5 500 for
road frUm Manuu to Manuka; also, that the salary of
the able and faithful district justice of North Kohaa be
raised to equality with that of other justices Of Hs
wall Mr., McCully reported directed yesterday, by
the following bill The district justice Of Hilo shall
have jurisdiction, subec to appeal, 70 hear and deter
mine all civil cases, wherein the property involved in
controversy the amount Of the plaintiffs demand
does not exceed hundred dollars in which the par
ty defendent is resident for the time being is found
within that part Of Hilo district North of Hakaau
gulch, whether the parties be natives foreigners the
provisions of sec. els Of the Civil Code the contrary
notwithstanding. The House went into Committee Of
the Whole pom the same. Mr.. Chamberlayne opposed
the amended bill and supported the original, which ia
" The district justice of North Ho shall be authorized
and by this act is authorized to try civil arising
between foreign residents and native Hawasns Is
done in other districts where there exists Police
Court" Mr.. Chamberlayne preferred the old BILL and
would have all rather than the one which
he thought would divide the district for all purposes
which not wished Mr.. Kipi did not wish to have
the division at Hakaau as il would ncommode Mr.
Metcalf, by compelling him to go to the " Bay" TO
Court II appeared that the justice of N. Hlo Is
obgng enough to alternate from end to end Of his dis
rct TO accommodate those who do business before (or
With him. Mr.. AcCuly thought the objections taken
ed draft obviaed them-was opposed to enactng laws
to ht particular men who happened to be in ofceThe
justice might grow tired of travelling and conclude to