The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1870-07-02

kaha moved that the resolution referring the bill to
the judges be indefinitely postponed. Carried.
Mr.. Naukana offered a resolution. that BenseH's
Ot0a be received in this House as the other papers.
Adopted.
Mr.. Pilipo offered a resolution that the Minister of
Foreign Affairs report to this Assembly what has
been expended to procure the reciprocity treaty, and
pending discussion on the same, Mr.. Aholo moved
that the House proceed to the business of the day.
The House then went into Committee of the Whole.
on the Act TO regulate criminal procedure, on the
motion TO indefinitely postpone Section LIST and the
whole bill.
Mr.. Kalakaua favored the bill and would oppose
its being deferred or postponed.
Mr.. Hutchinson minister of the Interior) thought
the last clause o~bligating all trials ut Honolulu quite
Objectionable as mountaineering the people and put
ting them 10 great expense, and if the whole bill was
gotten up in the same style he would support the
motion of the Minister of Foreign Affairs.
Mr.. Harris minister of Foreign Afairs) said he
would oppose the bill altogether. (And here would
call attention of the reporters to note what he would
say and not fill up afterward from memory, and thus
attribute another's words or expressions to him as
has been done.) / am authorized to state that the
judges have no desire to thrust their opinion on this
House, and have not expressed a desire to do so, but
would be ready to if required. AS it has been re-
marked that the lawyers, with large passed
thereon, have counselled together and framed this
law, and have a right to be heard in this House, l
may remark that there are others who would have a
right to be heard who are not members of the Bar,
and / may mention the Chief Justice and also his as
sociates. 1 am pleased to know of the skill, shrewd-
ness and sharpness of the members of the Bar, and
that those of former time, Bates, Blair, Burbank,
and Montgomery, not to say myself, and those native
members, Maikai, Kaauwal, kauwahi and kaumaea,
pale in comparison, though they had been able to
practice in such q manner as to commend themselves
to the country. 1t is a matter OF congratulation to
any country to have q sharp and shrewd Bar. l
must admit that 1 am pleased with the fact that the
honorable member for Honolulu who sits where L did
then, exceeds my shrewdness when occupying his
place. Whence arises the difficulty for the past two
years? I would call attention to Sections $50 and
S33 of the Civil Code designating the powers of
court, for under Section $50 the law has been faith
fully administered up to to-day. Men Of honor to the
Bench and to mankind have by that section adjusted
questions and corrected imperfections of
the lower courts, and by authority of Section S33
true justice has been administered from the King
down to his lowest subject. l have not had the honor
to help in framing this bill ; if 1 had, L would have
asked if it were not easier to alter q rule than this
Assembly to alter the law. But what motive can
there be for promulgating this bill l am the last
man to attribute motives to any cause. The Attorney
Generals name to the bill is said to be a sufficient
for it L take issue here. He does not do so
as the officer of the crown and Il Minister, but as the
head OF the legal profession, the object of which is to
place q grip on the courts which could not be avoided
or get rid of. Now 1 will suppose the following case
as of several lawyers who have been ruled against by
the judge, coming before the people feeling wiser and
so would pass a law to bind and fetter him. would
" uIut luttt SCiilAOAhCh nCIC ny
these motives or by such passions but l have often
gone from the court with the bitter feeling of the
want of success, feeling that all my labor had been
but have afterward conceded the right action and
ruling of the judge. They did their duty as they
it aud 1 mine. Now l ' would like to know
native lawyers are to better proceed by this law.
call attention to Sections 6, Is, AZ and 163, and
wherein is this an Improvement on the old law. Its
is to hoopaG the judges and would not help the
native practitioner at all. Now by Section 1853 l would
ike to know why a man can't be hung without the
Attorney General. If he should be, what are you
going to do, bring him back and hang him over
lgain /. and the clerk of the Supreme Court . that is
lot his business. l never saw q man hung, and don't
intend to. And if l was Attorney General, q man
would be better hung without me. Thus there are
many points in the law unnecessary, and which the
nember for Honolulu has said he would offer many
thereto, Notwithstanding his time and
employed toward its framing. Therefore go on
bill with care and moderation. l have no inter-
st in il, for | have probably defended the last man I
hall ever defend, unless a friend, or one unable to
'rocure counsel, and so would move for indefinite
ostponement.
Mr.. Kaukaha said that after the remarks of the
of Foreign Affairs, wherein he has found
lult with only the few sections named, out of over
which the bill contained, there is a reason why
his House go into consideration for its passage. He
7ould give it his support. No bill was presented but
was amended and if this had Objectionable
ections it was not a reason to throw out the whole
i'll. If the Minister of Foreign Affairs found fault
nth certain sections, let him bring in amendments.
~4h. Auopuo 1OhCWNO Lo 4ObiS ~ 4SAO IL OLlA
,r consideration till the last of this session.
Motion for the indefinite postponement of Section
st and the whole bill, carried.
Bill relating to divorces then came up on its second
sading, with motion for suspension of rules to be
cad by its title.
Mr.. Harris minister of Foreign Afairs) moved
lat it be not hurried, but action be taken on it by
ections. Carried.
Section / was then read. .
Mr.. Kahaulelio moved for indefinite po-stponement.
Mr.. Harris minister of Foreign Affairs) said that
stringent laws have been felt by officers of the
to be desired, and 30 would rather
mend than postpone, for some sections of this bill
,rtainly commend themselves and are really very
lluable. Thought that other causes than here men,
oned, say habitual drunkenness, incongruity of
mper, &c., were good reasons for divorce and
ould ask the member TO Withdraw his motion and
ISIS over the LIST to the other sections.
Mr.. Kahaulelio objected, as the law would be too
lrd on the people.
Mr.. Hutchinson minister of the I~nterior) trNsted
e House would consider the need Of our having
,tter and more stringent laws and act accordingly
this bill. He had opposed a bill on this subject in /
e early part of the session, but would support this
lie. He would be inclined to be more stringent still,
1t would give way to the views of the House as diff
views were held as to causes for divorce, and
ould agree with the Minister of Foreign Affairs to
ss to other sections. {
Mr.. Phillips (Attorney GENERALLY favored passing TO I
e other sections, and thus give those time to pre- |
mt amendments who desired to. {
Mr.. Kalakaua was opposed to the bill, as he 8
ought its workings would be hard and severe on the
wer classes. ESQ
Komoikeehuehu followed in strong opposition. &
S. NJ. Kamakau favored the bill. q
Mr.. Hitchcock spoke in favor of the bill.
Pending discussion, House adjourned.
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