The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-05-21
LEGISLATIVE ASSEMBLY.
SESSION OF 1870.
TUESDAY, May 18th.

From Honolulu, that Fort street be opened to the
stream near Pauoa valley. Referred.
From Kau, that the salary of His Majesty be
reduced. Deferred.
From Hamakua, cOntesting the election of Mr..
Halemanu. Referred.
From North Kona, that 50, 900 be appropriated
for n ruad in kOna, hailua be made a port OF entry,
and that konohiki fishing rights be opened to all.
Referred.
From Koolauloa, Oahu, that the salaries of the
Ministers, Justices of the Court, Government Clerks
and His Majesty, be reduced to three-ftths of their
past salaries. Referred.
REPORTS AND RESOLUTIONS.
Mr.. Judd reported adversely to the petition of the
salaries, in regard TO increase of wages, and recon-
mended indefinitely p-Ostponement. Report adopted.
Mr.. Rice, of ommitte on Commerce, reported
against the petition from Hilo, praying that Hawai-
ians be allowed TO barter with foreign vessels also
on the petition asking to allow natives TO trade i'll
foreign merchandise, and recommend to table the
same. Report accepted.
Mr.. Kepoikai read for the first time a bill amend
ing Section $40 of the Civil Code, including Wailuku
with Lahaina, as the seat of Justice on the Island Of
Maui. Bill passed TO its second reading.
Mr.. Rice gave notice of u bill to encourage steam
navigation between Oahu and Kauai.
Mr.. Naili gave notice of a bill to amend Sections
4, 5, 6, 7 and s, Chapter Is of Penal Code also I
bill amending Sections 488 and 489 of Civil Code.
Mr.. Martin read for the first time n bill to promote
the good breed of horses and cattle.
MIR. Hutchinson moved its rejection.
Mr.. Martin spoke in favor of the bill, and asked
the House to consider it well before rejecting it. On
motion, the bill passed TO its second reading.
Mr.. Kaiue introduced n resolution that the Judi
GARY Committee enquire by what right the Kings
Ministers have seats in the House also by what right
Mr.. w. p. Kamakau has a seat in the Assembly,
when he is a Circuit Judge.
Mr.. Judd moved to indefinitely postpone the resO-
luton.
Mr.. Kaiue in support Of his resolution stated that
he did not think the Ministers ought to take part in
any business Of the Assembly, not Immediately under
their several departments. In regard to Mr.. W ?.
kamakau, he could not sit in the Assembly, as it
was expressly stated in Article 30 of the Constitution,
that no Judge of a Court of record was entitled to a
seat in the House.
Mr.. Judd stated that the Ministers sat ms mobiles
ex-oficio, and that Mr.. Kamakau was not n Judge
of a Court of record. according to the opinion of His
Honor Chief Justice Allen.
Mr.. Lyons stated that he thought the resolution
ought to be considered as the matter contained therein
was not clearly understood by the native portion Of
the Representatives, and called the attention of the
House to the imperfect translation of the Constitution.
Mr.. Kaiue thought that the Assembly was higher
authority than the Courts, and wanted his resolution
considered by the House. Motion to indefinitely
postpone put to vote and carried.
Mr.. Kaai introduced a resolution asking that the
sum of 81 900 be inserted in the Appropriation Bill
for cleaning the road from Ndpoopoo to Pahoehoe,
South Kona. Referred.
Mr.. Kuapuu introduced a resolution that the
Sergeant-at-Arms be instructed to return BeRReit'S
OVn, as it is not wanted by the Assembly. Ruled
out of order.
Mr.. Pilipo introduced n resolution that the sum of
81, 900 be inserted in the Appropriation Bill for the
roads in the District of North Kona. .
Nh. Pilipo also gave notice of a bill amending
Section 1893 of the Civil Code also a bill to amend
the law approved January 10th, 1860, regarding the
House and every version of laws.
Mr.. Aholo introduced n resolution that the Ser
geant-at-Arms be instructed to furnish carriages at
some convenient time for the members of the Assem-
bly, to visit the Industrial Schools and Hospitals.
Adopted.
Mr.. Komoikeehuehu introduced n resolution that
u IA 10 Co.. ra~-, - Dr,Ia, Do
ferred.
House proceeded to the order of the day, the
Divorce Bill, which was read by its title.
After some debate, Mr.. Harris moved to take the
ayes and hayes on the motion to engross, and adj
dressed the Assembly earnestly and at length against
voting for the bill. He quoted the law of Massachu-
sets, previous to 1867, as favOring the Divorce Law
now upon our statutes, also the law of the State of
New Hampshire.
Mr.. Phillips begged to correct the last speaker in
regard to the law of Massachusetts,, and quoted from
the laws of that State in regard to divorces, in
support of his remarks in favor Of the bill before the
House.
On motion the bill passed to be engrossed by the
following vote
Ayes. Messrs. Kanoa. Dominis, Phillips, Bishop,
Hitchcock, Wahine, Lyons, H%alemanu, Pilipo, Naili,
Martin, Judd, Kapihe, Kaauwai, kepoikai, Aholo,
Asa Hopu, kaiue, kaluapihaole, Kahaulelio and
Kamakau-21.
Noes, Messrs. Hutchinson. Harris. Smith, Kaai,
Thompson, Komoikeehuehu, Naukana, Kaukaha,
Kuapuu and Boyd-10.
An Act to prohibit the Importation and sale of
opium, on its second reading, was the next order of
the day.
Section 1st was read, when the Minister of Finance
moved to indefinitely postpone, as he thought that
opium would be Struggled, and used on the sly if
prohibited by law. He demanded the reasons for
bringing in the bill.
Mr.. Hitchcock gave several reasons for bringing
forward the bill, among them that the law as at
present was a species of class legislation, that there
were petitions asking for the repeal of the law, by
both the Chinese and foreign population, and the
petition ought 10 be considered. His principal reason
for bringing in the bill was to close the door which
was now open to extinguish the Hawaiian race. He
knew it wnuld take largely from the receipts of the
Treasury, but he cared not for that, as he did not
want the funds of the Government to come from the
life of the people, and that his constituents were
willing to make it up in any legitimate way.
Messrs. Lyons and Rice also spoke in favor of the
bill, and cited the devastating influence of opium.
In regard to the Minister of Finance thinking that
opium would be struggled, he wanted to know if the
officers were to sit around like wooden images and
let such things be done.
Mr.. KumahOa was in favor of the bill, and did not
want opium introduced even as a medicine.
Mr.. Thompson was opposed to the bill. He stated
his knowledge of the evil influences arising from the
use of opium, but he did not think it right to abridge
the personal liberty of men, nor to legislate as to
what a person should eat, drink, or smoke, and
opium was used as n drink and for smoking by the
Chinese portion of our population, to whom alone
the license authorized the sale.
Mr.. Judd moved to amend the section by making
the fine not less than $500 nor more than 81 900 in
place of 800 to $780,, as in the bill.
Mr.. Lyons said that the bill prohibited the impOr-
tation and sale Of opium. but did not say no one
should use it. He believed in legislation that received
the support of the majority of the people. AS for
vending opium to Chinese exclusively, it was hard to
tell who were Chinese and who were not, as many of
our natives had Chinese blood in them.
Without further action on the bill, the Assembly
adjourned.
WEDNESDAY, May 18th.
PETITIONS.
From Honolulu, that the law granting licenses to
prostitutes be repealed. Referred.
From the Honolulu policemen, for an increase of
pay. Referred.
From Honolulu, that no Government Office be given
to q foreigner who has not taken the oath of ale
glance, and that no Government Office be given to
any one who may be living ~unlawfully with any
woman. Referred.
From Hanalei, three petitions, that two Repre-
s~entatives be allowed to that District ; for a reduction
in costs of Courts that the Master and Servants
Z o- p opnapda1 fhaf N porfofio of Iabororo from