The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-05-21
Legislative lettings.

Court, which had at hTEt been reluecu, eloCteu
Mr.. Luther Wilcox, the regular interpreter Tor
the Courts. Mr.. W. is quite q young man, and
although he speaks Hawaiian well, has yet to
acquire confidence in the discharge OF his oncrous
duties.
The Assembly has hardly yet got down to its
work. most of the session so far having been
taken up with petitions and discussing rules and
points of order. There were several petitions
contesting the elections OF members on grounds
of fraud and illegal practices, but as has about
ALWAYS been the case in former years, the COM
plaints were declared. without examining witness
es. 10 be without foundation, and the members
retain their seats.
The resolution introduced on Tuesday by one
of tile members for Molokai, -instructing the
Committee on the Judiciary to inquire and re-
port first, by what prctence the Ministers, be-
sides holding seats in the House as Mobiles, by
virtue of their Office. assumed the right to discuss
and vote upon questions particularly concerning
the rights and privileges of the people-fell like
a bombshell into the ministerial camp: And
second, how it was that the Hon. W. p. Kama
kau. Circuit Judge for Oahu ,.could sit in the
House, under tie Goth Article of the Constitu-
ton, which prescribes that : the Supreme Power
of the Kingdom, in its exercise, is divided INTO
the Executive, Legislative and Judicial; these
shall always be preserved distinct, and no Judge
of Il Court of Record shall ever be n member of
tine Legislative Assembly,"
To the first resolution, the Ministers never an
swered n word, hut in reply to the second the
argument was adduced that by the Act of 10th
January, 1865, providing for the appointment Of
Judge Kamakau, as Circuit Judge of Oahu, it
was declared that he was to be an . Intermediary
Judge but it was wisely omitted in the debate,
to mention that these words followed-'' Who
shall perform all the duties dcvolving by law
upon the Circuit Judges of the First Judicial
District ut Chambers If that does not make
his Il Court of Record, what on earth can do it?
On motion of the member for Koolaupoko, the
resolutions were indefinitely postponed.
There can be no doubt in the mind Of any i'm
partial person, that Judge Kamakau can only sit
us a Noble in violation of tie spirit, if not of the
letter of the Constitution. While we enter
tain the highest respect for him, and could
wish to see him occupy the seat of a Noble,
which he has so well filled, yet his continuance
there cannot do otherwise than teach the people
that the Constitution is really of not much
account.
\ little GascO occurred on Tuesday between
the Minister of Foreign Affairs and the Attorney
General, in which the former attempted some of
his naughty personalities, so Characteristic of
him, and yet contemplate and objectionable in
a Crown Minister. The language used by him
received a prompt and pertinent rebuke from the
Attorney General all the more severe from the
cool and undisturbed manner in which it was adj
,,;,;-orol- n,, ,o,o-tor I,, moi lof,;Ia1
the particulars, but a stranger who was present
has handed in his thoughts on the affair.
The first real defeat which the Ministers
have sustained in the House occurred in the pas
sage of the Divorce Bill. Mr.. Phillips, however,
supported and advocated it. At the eleventh
hour, apparently to save themselves from the APP
pearance of n total defeat, one of the Ministers
proposed an unimportant amendment which was
adopted. The bill passed its final reading by Il
vote of 81 to 10.
To understand this divorce law, we will state
that by Section 1881 of the Civil Code it was
provided that whenever n marriage should be dis
solved for adultery, the innocent party might
marry again at any time, but the guilty party
could not marry again until after the death of
the innocent party it was provided, however,
that upon proof before Il Justice of the Supreme
Court that three years had elapsed since the
divorce without u repetition Of a like of1ense,
permission could be given to marry again.
Seven years later, in 1866, the above section
of the code was repealed, and it Vas then pro-
vidcd that upon divorce for the cause named,
either party might marry again at any time.
The Act introduced by the member for Hilo,
(Mr. Hitchcock. during last week, and which gave
risc to long discussions, proposed to repeal the
last and rc-cnact the first. 1t was read Il final
time on Wednesday, having been amended so as
TO fix the period at one year, during which the
guilty party will have to sit on the anxious
sea" before he can marry again.
Two petitions have been presented the past
week which deserve z passing notice. One that
no officers should ~ employed by Government
who are not conversant with the vernacular and
the other that no unnaturalizcd officers should be
employed, nor any who are openly living unlaw-
fully with women. To our shame it can be said,
that even Judges are found in the last category
The principles involved in both petitions are
sound.
On Saturday last, one of the members from
Hilo, with more zeal than discrcetness, moved to
dismiss three of the Ministers, and employ the
Minister of Foreign Affairs to do the work of
all. No doubt His Excellency would not hesitate
to this arrangement, or even to include in it His
Maesty's billet, provided the pay was proper
tionately increased.
An interesting and peculiarly suggestive de-
bate sprung up on Thursday, on a resolution in
troduced the day before by the Minister of
Finance, to the effect that the Appropriation Bill
be made the special order of the day durino
three days in each week, until it should be finally
acted on and passed as Il whole. This move was
very properly looked upon by the Representatives
as an artful dodge, the true meaning of which
was that-given the Appropriation Bill, all other
bills might quietly be consigned to the omb of
the Capulets, and the Assembly be prorogued.
So in effect some of them said. and added that
under the Constitution they were the holders of
the public purse-strings, and gently intimated
there might be such a thing,-not before unheard