The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1868-04-29

sembly shall be the judge of the qualification
Of its own members. He thought that th'
Mobiles and Representatives should not sit to
gether. but we have no right TO examine tn,
credentials Of the Mobiles.
Mr.. Kaukaha opposed the motion Of ths
member from Waialua, because the law which
We are now discussing, was made by some o.
the very gentlemen who are now in the House
and it was foolish to continually bring up thi.
question Of the rights of the Mobiles. If W,
know that any not sitting here rightfully
then it will be time to examine the matter.
Mr.. Upa objected to the motion, because
that It was personal. /; belongs to the King
to name the Mobiles, and with his appointment
we could not meddie.
Mr.. E. Jones moved to indefinitely postpone
Mr.. Hitchcock moved the order Of the day.
Passed.
Hon. J. o. Dominis asked permission for
the Committee to reply to the Kings address
to retire. Granted.
The rules were suspended, and the Chair
read the resignation of W. C. Jones, from
South Kona.
His Elk. S. II. Phillips moved to refer the
resignation to the Judiciary Committee, so
that it could be determined if any one was
legally elected from that district.
Mr.. Lyons moved to amend by accepting
the resignation, and ordering new election
in South Kona.
Mr.. Judd wished to accept the resignation
at once, as the hldued was going to-day and
we should not deprive that District of rep
resentative any longer than necessary.
lis Elk. S. II. Phillips wished the member
| from aohala to amend, and declare the seat
for South Kona vacant, for il we accept the
resignation it would be equivalent to admit
ting that the gentleman had a right to sit.
! Mr.. Lyons accepted the suggestion, but
wished that notice should be Immediately sent
to South Kona.
Mr.. Kaukaha wished to hear the reasons
of the member from South Kona.
Mr.. Koakanu said that this res ignation was
not wise measure. That the member from
! South Kona was not fool, but educated. and
| he knew more than many members who now
sit here. He had stated his case very forci-
bly, few days since, and he Mr.. Koakanu)
/ thought this resignation uncalled for, and
! therefore was against accepting it.
His Elk. +. W. Hutchinson moved that the
member from South Kona be allowed the
floor. Carried.
Mr.. Jones then said that by the ID. G. Nur-
ray he had received news concerning affairs,
siieh that perhaps his presence would be re-
qIired in California. At any rate he could
not attend properly to his legislative duties
and therefore wished the people of South
Kona should supply his place as soon as pos
sible.
The Vice President stated the question be-
fore the House.
RESOLVED, 3" That the seat for South Kona
is vacant, and notice shall be sent Immediate
ly for a new election"
His Ex. S. H. Phillips said if we accept this
resignation, it would be admitting that the
gentleman had something to resign. If a seat
be contested, and contestant chooses to with
draw, he should say, 9" withdraw all claim
to this seat" Suppose that in an election
one who is Ineligible, gets majority Of the
votes, if it is proven that he has no right, then
who has the right to the seat The member
from South Kona tells us, that all along he
has been intending to resign suddenly he
does resigns. Shall we then act hastily upon
it? The Assembly can not decide without ex-
animation as to who has the right to the seat.
As we can not agree upon the form of mo
ton, lie. this whole question be referred to the
Judiciary Committee. The Committees are
for the examination of all questions referred by
the House and should not be ignored.
Mr.. Keawehunahala approved. The House
should not do any thing without thought.
The member from S. Kona had deceived the
House a long time By sitting here with the de-
sign to resign, and now shall we treat him
WIN lOO uucu lut QEtSAluu
is, 90 Is the seat for South Koua vacantP
The House must say whether it is not. If
tbs House takes this out of the hands of the
Judiciary Committee, might well abolish
all Standing Committees.
Mr.. Judd amended, to declare the seat for
South kona vacant.
His Elk. C. de Varigny objected as the seat
had never been filed.
The motion of Mr.. Phillips was here read as
follows: The letter of W c. Jones shall be
referred to the Judiciary Committee, for them
to decide who, if any one, has a right to the
seat for South Kona.
Mr.. Lyons said, he regretted that the mem
Der from South Kona had not stood forth like
a man, and admitted that he had not been in
the country years. He wished to state that
in his remarks the other day, he had not
argued the eligibility of the member, but that
the House had no right to act upon it without
petition, and he was surprised to hear
some one else had a right to the seat. He
thought that the seat should be declared va
cant and new election ordered.
Mr.. Knudsen said he thought that no one
here believed that the gentleman had a right
to the seat, but he thought that as the seat
was vacant, new election should be ordered.
His Elk. s. II. Phillips said that he wished
to close the debate if no enc else had any
thing to say.
Mr.. Boyd said the gentleman had no right
to his seat and the House should not have
acknowledged him in the first place. The
whole thing was wrong from beginning to
end. He was of opinion that the seat has
been vacant from the beginning.
Mr.. Bishop amended, moving to lay upon
the table the resignation of W. c. Jones, and
the seat for South Kona vacant.
He did not believe that single one in the
House believed that Mr.. Jones had any
right to the seat.
His Elk. S. ii. Phillips understood that the
alternative is this-shail the letter be laid
upon the table, or be referred to the Com
lnittee He still hoped that it would be re-
fefred to the Judiciary Committee. IL was
likely that the district of South kona would
be unrepresented several days. Whose fault
was it? A gentleman offered himself here,
and resisted the motion to have his case ex-
amined before the Judiciary Committee. Yet
although he had asked several days delay
Of the Committee, he had done nothing.
Now, at the last moment, be throws in a
resignation, upon which we are required to
act at once, and order a election. Sup
pose that by the steamer this evening an
order is sent. Perhaps the gentleman will |
20 up and say that the House have endorsed /
MIN, and he ought to be reelected. What
hen becomes of the representation Of the |
District? If the electors do not elect an eig- |
bic person it is the ssme as if they had not |
been at all to the polls. Now the minority
nave rights which can not be ignored. He |
lid not think that the rights of the people Of |
South Kona would be injured by delay Of
ew days.
The motion to lay upon the table was put
md lost.
The motion to refer to the Judiciary Com
nittee was carried.
The Bill to authorize the Collector General
# Customs, ETC., was reported engrossed.