The Hawaiian gazette., 1870-07-06

hands Of those who had so well administered
the laws during the years that have passed. He
had practieed at the bar Of this country for many
years, and humbly said that his opinion was, per-
haps worthy of some consideration. He saw one
necessity for this law, it would not aid the native
practitioners before the Courts but would on the 9TH
er hand, tend to make confusion. One of the sec
tions provided for the attendance of the Attorney
General, Clerk of the Court Marshal and Others at
the hanging of criminal what was the use of this
supposing that for some reason these gentlemen
could not attend, then the criminal would not be
legally hung. What must be done hang again ,
He only spoke OF this show the utter uselessness
Of this SO were there other parts as useless and as
unworty of the consideration Of the Assembly. He
eouuseled the House to proceed carefully and with
wisdom He did not oppose the Bill on personal
motives at ALL only because that he saw the useless
ness of it He had defended his last case in court
except in case of afriend, perhaps and its work
ings would not affect him in any way. He had been
before all the courts from Hawaii to Nihau in the
years that were past, and was fully acquainted with
our laws.
The question was put Upon the motion to inded-
nitely postpone Section LIST, and the whole Bill
which was carried by vote of Is to 1s
The Committee rose and reported, and the report
approved.
The Bill on Divorce was then in order, on its End
reading. The Bill was read by its title, and mo-
ton was made TO order to engrossment
A counter motion was made to consider the BIZ
by sections which carried, and Section 1st was
read, when motion was made by Mr.. Kahaulelio
to indefinitely postpone the Section, and the whole
Bill
His Ex., Mr.. Harris, was opposed to the motion :;
he thought the Member would see some redeeming
features in the Sd and following Sections He would
be in favor of amending the 1st Section rather than
indefinitely postponing it. The Section sets forth
causes for divorce follows: Adultery, impotency
wlllul desertion for term of three years. impris-
onment for life term Of years, extreme cruelty,
or on application Of the wife when the husband is
able but will not support her He was of opinion
that there were other causes for divorce than
adultery, as for instance, continual drunkenness,
total ncougruity of temper, other similar causes
He hoped the Member would withdraw his motion;
but this Mr.. Kahaulelio refused to do, as he had
introduced it only on deep consideration
His Ex., Mr.. Hutchison, stated that be was in
favor of the Bill and hoped the House would care
fully consider the Act before rejecting it. During
the early days of the session he had opposed Bill
on this subject but he wished to support the present
Bill. Very different views were held as to the
proper causes for divorce he would be rather more
stringent even than Section Ist but he should give
way to the general opinion of the House He
thought all would admit the necessity of amending
the law as at present existing, and he hoped the
House would eventually pass the Bill.
His Ex. Mr.. Phillips in answer to a question from
Mr.. Kahauelio, that he with other members of that
side Of the House favored postponement of Sec
1st for time only, he thought that all would be
united on the passage of the other Sections, which
could be done in short space of time, when we
could take up the 1st Section and pass it with amend
ments or reject it wholly.
Hons. Kaakaua and Komoikehuehu favored in
definite pcstponement they felt convinced that the
law was very bad oppressive one, and should be
rejected. 1t increased both the costs and ease of
procuring a divorce
Mr.. Kaukaha expressed himself as being earnestly
in favor of the BILL he in favor of any legisla-
tion that would tend to make more sacred the mar
rage tie, he would like to make the cost of divorce
high as 500 or $1,000 He favored the passage of
the Bill and called upon brother members to pass it.
Mr. Hitchcock stated that not being a married
man, perhaps he did not know all the evils of mar
rage. But he did know this, that he had al
ways thought the marriage state a sacred one; he
was led to believe differently however from what
he saw in our Courts. 1t was becoming matter of
meIe play divorces were obtained easily there as
couple could 90 before a minister and be married
he supported postponement for a time, of the 1st
Section.
Mr.. Kuapuu was in favor of the passage of the
Bill.
Pending discussion the House adjourned.