The Hawaiian gazette., 1870-06-01

1 preparations. TO build Court House and LOCK- up
to repair the bridges and to improve the road from
Kawaihae-Sai to Nunulu-
BY Mr. Aholo from fifty i've residents Of Lahain'
praying that the word "Kanwa" may be stricken
out from all the laws of the Kingdom, referring tC
! servants. ~
I By Mr.. Kapihe from Makawao asking for $500
for road over the pail and stream of Kakipi
Above petitions were referred to the proper Com
mittces.
ResolMtioHs.-Mr. Kcpoikai offered resolution thai
the Minister of Finance be instructed to return Il
the Treasury the extra pay of Government officer
who was receiving two salaries, as the additional
salary received by the Sheriff of Maui, as tax Col
lector The resolution was tabled
His Ex S Fl. Phillips introduced Bill to enlarge
the jurisdiction of Police Courts in of aggri
waited assault Read first time and passed to second
| reading under the rules, and ordered printed.
Mr. Lyons gave notice of a Bill to amend Sec IS
of the Civil Code, in regard to passports
Mr. Kabaulelio offered resolution that the Ser
| geant-at-arIns be instructed TO furnish means o.
conveyance for the Assembly TO visit the hospital:
and asylums before further consideration Of the ap
preparation Bill-passed.
Mr.. Martin offered a resolution that the Minister
of Interior be instructed to order the carpenters to
build cabins for Hawaiian passengers on the Kilau.
ea-pAssed.
Mr.. Hitchcock offered resolution as follows
That, as members of the Legislative Assembly it is
the bounden duty Of each and every representative
to give primary attention TO the service of this
house, for which they were chosen by the people
and every consideration of private business and
gain should be held secondary in importance, aud
should not be allowed interfere with the duties
of legislator.
Resolved Further That If any representative can
not give his chief attention 10 the service of this
House. to which he has been accredited BY the peo-
pie and thereby negects the interests of the peo-
Pile, whilst be takes the peoples pay, he should
sign his position in this Assembly and leave his
preventative seat to person who will more truly
represent his constituents. Carried.
Next was the Bill to repeal Sections 1417 10 1425
of the Civil Code inclusive, on its second reading
House went into Committee Mr.. Rice in the chair
Sec LIST read by the clerk.
Mr.. Thompson said that the Judiciary of the coun-
try fully in the interests of the sugar planters
most of the District Judges were comparatively ig-
norant, and did not fully understand the law; the
country lawyers were generally in the direct pay
and service of the plantations and the poor SER
wants had all the odds against them in case deci-
sion was rendered against the master, the offending
Judge was pretty sure to soon lose his place. An
argument was made, and it was the chief one used
by those in favor of the laws they existed that
the repeating of them would ruin the plantations
and bring distress upon the Countrywide members
must not be alarmed by such argument. In our
Constitution it clearly stated that there should
be no involuntary servtude, except for crime. and
that no slavery should exist in the Kingdom. He
knew Of no cases like those that arose under the
mrser and servant act, the contracts entirely
under the civil laws and in no other cases were the
losing party condemned 10 prison and muleted with
cost under these laws the gor Of the sentence was
extreme, and it was further aggravated by the fac;
that His Majesty could not step in and pardon the
unfortunate victim. There was something ex-ed-
ingly specions in the practice Of enforcing specific
performance of contracts ii not fully sustained
by the laws of the Kingdom; and in the Courts OF
England where Justice was faithfully dealt out and
where it pure, the practice was very different
the Courts would not take evidence only the diff
ferent facts in the case, the mere signature of the
parties, the evidence of notary, but every posi-
bic matter was looked at, all parties concerned were
rigidly examined, and if finally the decree of spec
he performance was issued, it was after the most
searching examination. He had never heard even
there, of a sentence of imprisonment In the ex-
ecution Of the law in this country almost countless
abuses were perpetrated. He held in his hand
contract entered into between two Hawaiiaus, in /
1867, for two months, at Kaneohe, Oahu, and only
yesterday was this servant let out of the Jail at
hawa for noufuldlment of the contract. The man
was repeatedly condemned by the Justice at Kooau-
gcko n new fines d.h ,rd sucb
matters, and the only way in which he was released
inaly was because he had appealed to him, Mr.
Thompson, and he had taken measures TO get out a
writ of Habeas Corpus" but had finally compro-
missed with the master, by being released from all
urther liability the contract, on condition that
lie would not sue for false Imprisonment. There
vas no telling how long the man might have been |.
leld BY that contract, or how often he might have
'een imprisoned, if the matter had not become
'ublic. The argument was made that If man con-
rscted for his service, why should he not fulfill it.
t WAS such that contract would not be legal for
more than FIVE years, but he thought that he had
retty completely shown the value of that legal
oint. The young were brought into these con-
lacts almost unknown to themselves, and when
hey found how they were bound completely and
Without help, to another they often complained.
" "SAc tiiAl tDcl hSI6 hOIhiDE leF COnl-
ensation for their wages. But looking at the good
the whole country what good would come of
1ese long terms Of service, the laboTer would work
ut bis term and at the end he would be five years
lder to he sure, but how much richer or wisers
II what value would such man be to society in
eneral, when done working for bis master. The
latter OF apprentices was very different there the
oy was bound for long term of years, but when
be term was through, be had learned trade or pro-
ssiOn and was ready to enter society and aid in ad
ancing it 10 higherstandsrd. Now further, it was
ell known that in the majority OF cases the labor
ontrscts were entered into ntelgently; there were
,me kind of contracts not at all allowed By law,
for instance contract for the restraint of trade
le for which were evident In legislsting
e should always work for the most good TO the
-eaiest number.
Mr. Boyd was opposed TO the Bill, he had not seen
~ thing in the laws as it stood that was not
r the best good Of the people and for The Govern
ent- We should not be bettered by doing away
18th all the laws that We had on the subject Ar
lments should not be used comparing us with
reign powers, for were not in a condition equal
18th them.
On motion Committee rose asking permission TO
again Monday, reported progress, report sp- ,
owed and the House adjourned.
TWENTY FOURTH DAY, May 2nh, 1870.
Assembly met and opened usual ;