The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-04-25


bers 10 take seats.
Hon. w. G. Jones said, no improper influence Wa.
used to obtain my election or prevent the presentation
Of n petition. admire freelom in every way, and
rejoice when | see a people ready 10 support theil
Government. l have received letters frUm Kona,
written by those who voted against me, and who sup
ported me. and they all desire my services. l would
resign if l thought otherwise. l have always kept a
Journal since arriving ut mans estate, and from it
find that l left Mexico early in 1865 to come to these
Islands. On my journey l was delayed 10y sickness
and other obstacles, which prevented an early arrival
here. This Journal viii have 10 he admitted before a
committee as evidence in case my seat Is contested.
The Hon. Noble says he was not actuated by personal
motives if so, after what | have said, has any one
doubts as to my right! l hope my motion will pre-
vail, and thus save time TO the Assembly. In the
Convention, a Committee, of which Hon. z. Nahaole-
lua was Chairman, declared that the Convention had
no right to interfere in the case of the member from
North Koua, rs no petition had been presented from
that district and the Convention refused to act.
Hon. w. F.. Koakanu said, l am in favor of the
resolution Of the Hon. Noble. L have no doubts as TO
the meaning of the Constitution. The intent TO re-
side here, expressed in Mexico, has nothing to do
with the actual residence here. The question is not
about the election, but as to the fact of residence here
three years in accordance with the Constitution.
Hon. D.. Ealakaua favored the resolution, aud went
into n labored dissertation as to the meaning Of the
Constitution, and wound up by stating, as his belief,
that the MOBILES have the same right to examine the
credentials Of members as the Representatives them
selves.
Hon. S. ii. Phillips said, before members are called
upon to vote, they should know what they vote ON.
lie had reasons for thinking that the member for
South Kona had no right TO a seat, and in order to
get Mt the truth in the matter, he wished TO refer it
to n committee for inquiry. What reasonable objec-
ton can be offered against such 4 course? If the
Hon. gentleman feels that he has n right to his seat,
why object to having his rights investigated by a
Committee, Why shrink from an investigation? l
submit it is his right and duty to refer the matter to
q committee. Members are bound, by their oath to
support the Constitution, tn see that the matter is in
vcstigated. We shall save the time of the Assembly
by referring it to a Committee, who will be called
upon to examine witnesses and proofs before they can
report to the Assembly If the committee report in
his favor, he will hold his seat by the strongest tenure.
The law as set forth in the Civil Code, does not say
that by its provisions only can the rights of member
ship be arrived ut. No one law can set aside the Con-
stiturion. The Constitution defines in clear terms the
power of the Assembly. Suppose, for instance, that
the member should bride the whole district, and fifty
honest men could not be found to sign a petition or,
suppose war exists, and the enemy land in the dis
trict, and by force carry an election and send a for
eigner to represent the district shall il be said that
this Assembly cannot investigate his right to sit be-
cause fifty men do not offer "A petition against it? 1t
must be conceded that we have such a right, and hav-
ing the right, we should proceed with the investiga-
ton. 1 hope the members will oppose the motion to
indefinitely postpone, and support the resolution of
the Hon. Noble.
Hon. John Ii said if our proceedings are conducted
with a due regard TO courtesy all will be well. Va
rious petitions have been referred to the Committee,
and / think this should be- / heard the resolution of
the Hon. C.. r. Bishop, and his reasons for Offering
it, and they demand respect. / wish to hear the ar
guments, having IA personal interest, as L was once
returned from KOhala, and my seat contested ON the
ground that being an Associate Justice of the SUI
preme Bench / could not take \ seat as Representa-
tive. Three days were consumed by a Committee
and l was after all permitted to remain.
Hon. Claude Jones sand, the Attorney General asks
why | shrink from an investigation? ? l do not shrink
from an investigation brought forward In due and
legal form. A man would rather be stabbed by a
butcher-knife than a handsaw. This comes in ques-
tonable shape. L wish to meet the question in n Con-
way there should be no attack ON flank
or rear. The Attorney General says the law does not
prevent any other mode of procedure. | hold that 1T
does When a law is full and explicit in its provis-
ions, we cannot go outside Of it do not wish to
establish u dangerous precedent.
III uCSNi VI AtAAii
and put by the Chair, and the motion lost.
The question on the resolution was called, and put
by the Chair. Carried, and declared adopted.
Hon. III. II Hitchcock offered a resolution that the
Committee ON Accounts place upon the desk of each
member two copies each of the Gd-efie and CommeT-
cial -7dreriiSer, and four each of the ia OAoa and
RuoSoa, and charge the same to the expenses Of the
Assembly.
Motion that the Assembly adjourn until III o clock
FOURTH DAY-wEDNEsDAY, April Odd.
The Assembly met at Ii A.. NJ, his Highness NJ.
Kekuanaoa presiding.
Prayer by the chaplain.
Journal of previous day read and approved.
The Hons. V. Knudsen and j. w. Kaiue handed in
heir credentials, which were referred to the Commit
tee on Credentials for examination, and the Commit
tee retired. After u few minutes absence the Com
returned and reported the credentials in due
form. The Hon. gentlemen We're then sworn.
Hon. J. Upa presented II petition from Hanalei, OPP
posing the election of the Hon. ID. Kaukaha, and the
petition was referred to the Judiciary Committee.
Hon. c. j. Lyons presented n petition from Eva
md waianac, contesting the election of the Hon. S.
Mahelona, which was referred To the Judiciary
Hon. J. W. Kumahoa presented a petition from
Puma, Hawaii, asking that Government lands may be
,ierei for sale praying that the Treaty Of Rcciproc-
ty between this Kingdom and the United States shall
not pass protesting against any law to encourage
PAPER currcncy in the country, and propositions to
'egulate the property tax.
Hon. l.. Kelipio moved to table the petition.
Hon. c. J. Lyons called the Interpreter to order,
Is the petition contained nothing in regard to annex
ltion, as represented by him to the native portion of
he Assembly.
Petition referred to Committees ON Commerce and
Finance.
Hon. W. T. Martin presented a petition from kau,
praying that the harbor Of Kaalualu be made Il port
entry, for the benefit Of that district and a part of