The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-06-01

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/ bill now before the Assembly. introduced by the
/ Hon. Mr.. Poll. The committee have considered the
bill 10 amend Section 1909 OF Civil Cole increasing
amount Of bail bonds in cases OF appeal from folee
I or District Courts, in criminal cases. aud They iaii
10 see any reason why the limits now provided by
law for such bail bonds b not sufficient 10 secure
the purposes of Justice. therefore ma the
indefinite postponement OF the bill
On the petition from Waialua, prayirg that All
the fisheries Of the Kingdom be made free TO the
people, and on the bill 10 that pnrport introduced
hy the Honorable member FROM liiio, TIE COM
miltee are aware that il is not in the power OF the
Legislature 10 deprive any man OF bis vested rights
under the laws, without compromising him there
tore now, the freeing Of the fisheries 10 All the
people would operate TO deprive the konohtki Of
his prohibited fish - TO which be has a vested right
The committee. therefore the indeAnite
postponement OF the bill. But the m know
that certain kouohikis construe the word " tenant "
to mean only those who own kuleanas IN the lands
TO which the fishery may belong, and not those who
have resided there. Some other konohlkis constfue
the rights OF 'tenants 10 use The fisheries IA mean
the right 10 take Gsh only tor their own eonSnmp-
ton and not for sale as well. TN the other hand
some of the people think that {" teuantsN nave the
right to employ large gangs OF men to work the
kOnohiki's fisheries. greatly 10 the disturbances OF
the konohikis rights ,therein. In order 70 a better
understanding OF their rights, the q mmittse deem
some Legislation necessary and recommend the
passage of the ball herewith presented 10 the AS
sembly. Report acce pied and bill passed to second
reading.
Ills Ex. the Attorney General gave notice of a bin
TO organize the Wailuku District Court as a Police
Court and also read for first time a bin to repeal the
Act 10 prevent married persons from deserving one
another. Passed TO second reading and ordered
printed. p
Hon. Mr.. Lonoaea read first time q bill to prevent
Government officials from getting drunk and keeping
mistresses.
Hon. c. II. Judd moved to reject. Carried.
Hon. l. III. Kapuniai gave notice Of a bin TO repeal
the Act relating 10 divorce.
Hon. Mr.. Kekoa gave notice OF a bin TO amend
Section 5, and repeal Sections 6. Z and 8 Of the law
relating to tax on animals Of July 1870.
ORDER or THE DAY.
The bill to amend Sections 1918 and 1919 Civil
Code, 20 allow parties to actions to testify.
The Attorney General stated his objections to the
bill was absent ut the time when the bill was dis
cussed before. The bill contemplates n radical
change in the rules Of Courts of Justice provides
that IN criminal cases the defendant map testify no
construction TO be placed upon his refusal TO do so.
This is a question upon which lawyers are very much
divided. L speak upon this subject after some expe-
rience. My native State was one of the FIRST TO adopt
these radical changes. l do not think that the larger
number of the lawyers at home find this law
works well. From my experience, l am OF the opinion
that as % general thing, courts and juries are une-
quail to the task Of ascertaining the truth, and that
the evidence for and against balances, and the
burden Of proof rests with the plaintiff. The diff
Guilty of deciding upon the truthfulness Of a witness
is much enhanced when the party giving evidence
is, we will say, n ChinaInan, whose words are trans
lated by a countryman of his, through a foreigner
1 luIO Ndl III EuCu u ChStsI Il uO nOt NulUA ADuN
there is power enough in our courts to ascertain the
truth. l do not wish to disparage the Chinese and
do not think that / am doing them an injustice when
L am saying that they are shrewd. 1t has been said
that if we do not do something of this kind, there
will be cases occur wholly without remedy. This is
true, but I do not think that the number will be any
less, if we offer a daily temptation, by throwing down
the barrier that now exists. In the ordinary trans
actions Of life, let a man always have some memoran-
dunn in writing, or take a witness with him. Human
memory is treacherous. / have ascertained by in
ouiry that where this law has been adopted, il is not
working a. well as it did. You cannot trust yourself
with a case of this kind unless you provide a Statute
Book full Of cases TO guard against the evil that will
arise from the adoption. | think the second part Of
this act is more Objectionable than the first, !. e.,
that the defendant in a criminal suit may give testi-
mony, but that no odium shall attach to his refusal
to do so. l ask you if the grand principle laid down
by our laws that the law presumes the defendant to
be innocent unless proven guilty, is not a greater
safeguard to the defendant than to drag him, shrink
ing and trembling into the witness box, to expose
him to a fierce and searching cross-examination. If
we depart from our Constitution, under which il is
our boast that no one can be compelled 10 give evil
dence against himself, the transition is easy to the
inquisition, the rack and all the tortures known 10
that tribunal. The Act provides that no odium shall
attach to a refusal on the part of a party to give evil
dence. But what would be the effect of such a refusal
on the mind of q Jury Would they not say II
you are innocent, why don't you tell us so ?" Prac-
tically, then, / contend, this law would compel
persons to testify against themselves. l have very
/ u Nc " ~ - ghgA N INV
For, in its operation, the law would ~compel-through
the force of public opinion-the giving of testimony
by parties against themselves. / do not believe that
there has been a single case where the defendant has
suffered by not being able 20 testify for himself In
one sense the defendant does testify for himself, for
he is called upon to say whether he is guilty or not
guilty, and his answer, not guilty, bears as much
weight us loads of testimony against him. If you
say that this case will help the government, then you
have no right to pass the law at all. for you have no
right to pass a law that is not to the interest Of de-
PENDANTS. One word more. The law provides that
husbands and wives shall not be witnesses in n suit
unless it is affecting their safety or lives. We had
better not disturb the confidential relations existing
between the husband and wife. If | had not spoken
80 much, l would show that we have laws enough
without running the risk Of making two lives
wretched by disclosures made in the witness box.
His xcelIency the Minister of Foreign Relations
hoped that the motion to postpone indefinitely
would not prevail. 1t was quite probable that the
first section would meet with favor, while the
second section might be stricken out. 1t was a
fair matter for a difference of opinion and jndg-
ment. For himself, he was in favor of the bill as
it stood. lie had learned. during his last visit to
the United States, that in the opinion OF judges
and lawyers, this provision Of law has worked we'll
and resulted in good during the ten years or there
abOuts that it has been in force in Massachusetts.
The law. first extending only TO civil cases. had
been further made TO apply to criminal cases. thus
showing that it was regarded with favor. His Ex-
cellency proceeded at length to reply to the argu-
ments of the Attorney General before the recess.
The Attorney General admitted that there are
some advantages in the bill. but fears the evils are
greater. The Honorable speaker cOuld not see
whero the evils occur. Passing TO the second sec
ton, he hope that no one would think that because
we cannot get the second clause, we cannot pass
the first. He would be thankful for half a loaf
rather than have no bread. 1t had been said that
if a defendant does not open his mouth, it will tell
against him. This would not be the case where
the defendant was satisfied with his case.
Hon. Mr.. Kaukaha, rose TO say that after what
had been said by the Attorney General he had
doubts as TO the wisdom Of passing the Act. From
the manner in which the existing laws had been
carried out in the rural districts he was afraid that
the new law would not work well. He was not
aware that there had been any injustice done under
the operation Of our law as it stands. He would
support the second section of the law but is not in
/ favor of tho first