The Hawaiian gazette., 1868-04-29

! /
Mr. Bishop wished the members to agree
upon an early hour of meeting, in order that
time may be had each day for the transaction
of business.
The last amendment was put and carried,
the regular hour OF meeting being fixed at
1P.M.
Mr. Jones offered resolution that the bills
which have passed the 1st reading be printed
Passed.
Mr.. Keawehunahala gave notice that he
would bring in bill to amend Sec. Is of the
Civil Code, referring to the sale Of spirituous
liquors.
Mr.. Jones gave notice of several bills; also
of an amendment to thefules that Commit
tee on Elections be appointed.
Mr.. Koakanu moved that the Sergeant-at-
Arms be instructed to supply each member
with 100 postage stamps. Passed.
Mr.. Martin presented resolution that the
inhabitants of Kau be exempt from taxes this
year, except road-tax. Ruled out of order.
Mr.. Kalu gave notice of bill TO amend
Sec. 4Sl, Civil Code, regarding chattel tax.
Mr.. Upa gave notice of an amendment to
the rules to forbid smoking in the Assembly
| Mr.. Wilder moved a reconsideration OF the
vote referring the case of the member from
South Kona to the Judiciary Committee.
Mr.. Jones moved to postpone the recon-
sideration of the motion until Friday. Ruled
out of order.
Mr.. Jones then appealed to the House He
said he was acquainted with parliamentary
rule elsewhere, but not as practieed here.
When a.gentleman has a right on the floor of
of this Assembly to speak, he should not be
summarily restricted. He was, pgiD,d tdcie,
a member of the Assembly and nothing had
been brought forward which could legally
bar his right He could not sit still and see
a wrong done to the people of South Kona
or any other district. The lawyers in the
Assembly must see that no one has a right to
dispute his seat without bringing forward le
gal evidence. There is no testimony before
the Assembly. The only method that could
unseat him was petition. He must battle
for mis- right to a seat on the ground of the
peoples right, not his own sggrandisemcnt.
He was capable of living without any Office,
and wishes none, but he owed duty to his
constituents. In Cushing's Manual would
be found evidence supporting his position.
| There has never been an election contested
in other countries without petition. The
evidence admitted in cases of contested cleo
ton in other Legislatures was only that en-
bodied in petition.
Mr. Keawehunahala asked what was before
the House, and when informed, said that
they all understood it, and the member from
South Kona was only injuring his own case.
Mr.. Jones proceeded, saying that the House
was wrong in acting upon the resolution
without first knowing the evidence against
him. The Assembly would find by reference
to the doings of other Assemblies that this
is the rule. Where then could Mr. Bishop
find precedents for his resolution. The law
says that the Assembly shall be the judges
of the eligibility of its own members. He
called upon the representatives to uphold
their independence, and declare that the res
olution introduced yesterday was an infring-
ment OF their rights. He was aware of the
provisions in the Constitution of 1852, and
wished the members to maintain their privi-
lege. 1t provides that the Assembly shall be
the judges of the qualifications of its own
members. That portion Of the Constitution
has not been repealed He could not believe
that this progressive government would go
| backward Ever since the time of Kameha-
meha L., they had been advancing-wonld
they now retrogress?
His Ex, f. W. Hutchison wished that the
member would confine himself to the sub
ject matter and not wander off-and protest
ed against bringing up the old Constitution
and the old times.
Mr.. Jones proceeded lie would have been
| through before, if it was not for the repeated
interruptions. The object of the new Con-
stitution was not to cut off the rights of the
people-if so, why not abolish il He called
again upon the members to support their
| privilege. The resolution was not aimed at
him particularly, but at the independence of
| the Representatives He belonged to no par
ty, but intended to represent the people. If
Ire consulted his own pleasure, he would at
| once resign. he hoped that they would vote
for a reconsideration of the resolution
Mr.. Bishop wished to say a few words
| The gentleman had three chances Yesterday
to speak his mind, and probably we all un-
derstand his views. This question affects
the rights of every member. The right to
| bring in such resolution Is questioned The
constitution gives the right. No one dis
putes the right of the people of South Kona
to petition. The eligibility Of the gentleman
| does not depend on what has been done in
Kona, but on his domicile of three years
The evidence of that is before us, and we all
understand the facts. The people of South
| Kona had no means of knowing whether the
gentleman was eligible or not. He can not
claim that he was in the country before Janu-
AIRY, 1866. If petition had been presented
| from South Kona, to whom would it have
been referred? To the Judiciary Committee,
just where it is now. A petition could prove
nothing as to constitutional ineligibility.
He was opposed to reconsideration, because
it would only protract matters without
probably producing different result.
| Mr.. Lyons said this should not be regarded
as a personal question, and affecting this par
| ticular instance, but that there was here in
volved the decision of the point as to who
was to raise the inquiry concerning eligibility
tho constituency or the House itself He
cited the case of Kamalo, in the Convention
Of 1864, as a parallel instance, and supported
the action taken in that case. The Mobiles
and Representatives all sitting together in
one House, have equally the right TO Judge
as TO the qualifications Of its members, but
not, however, the right to institute inquiry
against any member without previous petit
tion. That il was the interest of the district
to see that a stranger did not represent them,
and therefore it was their duty to raise this
question. That the statute was entitled
Mode of annulling elections" and was
therefore the prescribed mode. He supported
the reconsideration.
His EX. F. W. Hutchison said that when
the report of the Committee came in, the
House could act upon it, and reject or accept
| it at their option. There was no use now in
taking so much time discussing this matter.
When the report was brought in, if any
member had any facts that was the proper
| time to introduce them.
Mr.. Hitchcock here moved the previous
question. Passed.
The motion for reconsideration was put
and lost.
His Ex. f. w. Hutchison moved to ad-
journ, which was passed, and the Assembly
adjourned.
FIFTH DAY, THURSDAY, April %.
The Assembly met at l p. NJ, II. II. NJ.
| Kekuanaoa in the chair.
After prayer by the Chaplain, The minutes