The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-06-04
speech

Of His Elk. S. Ii. Phillips, Attorney General,
on the Master and Servant Law, delivered May
80, 1870:
Mr.. Phillips attorney General)-Had listened
to this debate with great patience and anxiety,
and thought it one OF the most important bills
introduced this session, as it affects a great deal
of property, and the personal liberty of many. 1t
was his impression there was not one present
who was not in favor of repeal, or DIT least of
some change. Several petitions have been brought
forward asking for a change, and from them he
thought 1T Il question pretty generally felt by the
whole community, and for that reason ought to
be carefully considered, and looked in the face.
If the bill Is indefinitely postponed it would be
entirely got rid of; and if anything else was
wanted, ii would have to be done anew. If the bill
is indefinitely postponed, we ought TO consider
whether the law ought to stay on the Statute. as by
the bill 1t Is claimed to be unconstitutional. 1t
will be seen that the law was enacted before our
Constitution was made. and by its 18th Article it
will be seen that 'all laws in force at the date Of the
enactment of the Constitution, shall continue and
remain in full effect, until altered or repealed by
the Legislature such parts only excepted rs are
repugnant 10 this Constitution. All laws hereto
fore enacted, or that may hereafter be enacted,
which arc contrary to this Constitution, shall be
null and vOid.'
Now if this law in its substantial parts conflicts
with the Constitution, it is most certainly unconsti-
tutional, and l think the member from Hilo went a
little too far when he debated the bill regardless
of the Constitution, as every one ought to consider
such with as much carefulness and impariiality as
Il judge, and when a judge comes"to a law which
Is unconstitutional, he has 10 make a decision re-
CARELESS of consequences and the havoc it NAV
cause. 1t We look at Judge Lee. just back of us,
we will see the saying, /" Fiat %justitia, ruat coelum,n
that was uttered by a distinguished Judge in Eng
land who gave q man his liberty. and to whom ap-
peals were constantly made upon the havoc such
a decision would cause, yet he decided in favor of
that mans liberty with that quotation. Let every
one act on his official oath. Every man must act
upon this occasion with due solemuity as though he
were a judge. The Constitution can be amended,
but not by law, il must be done by an organic act
unconstitutional, and if this is referred to the
Courts, the Courts must decide but if we wait till
the Courts decide, will 1t not open a greater num-
Der OF lawsuits than the decision would produce.
A law which lies on the Statutes as unconstitu-
tional ought TO be repealed. The question is. Is
this law unconstitutional? | am very sorry that
an abstract question should involve so much as this
does. Take into consideration the agricultural in
terest, all OF which ought to be protected by
proper legislation, as it has done much to improve
the condition of these islands. So do all who work
on plantations deserve the careful and Maternal
protection of this Assembly. l have considered
the question carefully for a great while, and have
carefully avoided committing myself. When l first
came here. the first question put to me fairly stag
gered me. 1t was, :" Were Cinnamon under contract
liable to taxation, as they were contracted with for
labor, and were IN the nature of property" But
they are men, and liable to personal taxation.
This matter was decided in Court. There was a
general claim all round that they ought to be ex-
empt from taxes. If this was not a claim of prop
erty, it was certainly very like it. How far is this
law warranted under the Constitution , There is
one question which 1 wish 10 meet. and which ought
TO be met. 1t is said that the laws OF other couu- |