The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-06-15
LEGISLATIVE PROCEEDINGS.
SESSION OF 1872.
TRmrY-F1Frn DAY. june

Hon. A F. Judd presented his dill for the pro-
lection Of woods and forests. Ordered printed.
Hon. Mr.. Halemsnu read for the first time a bill
to abolish the practice Of men and women living
together "a paramOnrs.
Hon. \. F. Judd moved to reject. This was
something that could not be abolished but could
be punished under existing laws. The bii was
ordered printed.
Hon. Mr.. Kipi offered a resolution requesting thu
Minister Of the Interior 10 report the amounts paid
to road supervisors on each islaud-pusseI
Hon. Mr.. Mikalemi gave notice OF u hill TO
amend Sec. SO Of the Civil Code, respecting duties.
ORDER OF THE DAY
The bill respecting the proving OF claims on the
property Of deceased persons, was, Cd motion OF
the Attorney General, placed az the cad OF the
orders Of the day.
The bill to amend Sec. Ias of the Civil Code, to-
getber with the report of the Select Committee
thereon. was also placed at the end OF tue die.
The bill TO amend Sec. 1884 of the Civil Code, re-
l4,ing 10 marriage providing that in no Case shall
is be lawful TO marry without a license y also, Two
others relating TO the same subject. were read u
second time. and referred TO a select committee,
cjnsisling of Hon. MessTs. :. III. Phillips ". T..
Martin, g. W. D. HaIemanu, A. F. Judd, and l..
AhOlo.
The bill to amend Sec. sos OF the Civil Code. was
read a second time. (Relating to tax collectors.)
The Minister of Finance moved that the bill be
indefinitely postponed. II strikes out the provis-
ion Of law to the effect that in case of no property
being found. the person may be compelled TO work
out his tax on the roads. The power must be left
somewhere to enforce the collection of taxes. There
was a large class IN THIS hl0gdOm VINO nau neither
real or personal estate. How are we To make TINS
class pay taxes. If We give mp the claim upon their
personal services? The effect would be that they
would escape altogether, and the burden Of sup
porting the government would fall entirely upon
those who have any property. This section which
il is proposed to amend. is no hardship upon any
one. During the past year, there was but one
person in the district OF Honolulu, who was made
u work under this law.
Hon. Mr.. Carter could believe that in the States
of Mississippi or Georgia before the late rebellion,
such a statute as this might have existed, provid-
ing that the person could be seized for the non-pay-
ment OF taxes, and bis time sold at the rate OF 20
cents per day. This law here was the more sur
prising in view of the personal freedom guaranteed
by the Constitution. The Imprisonment of tue one
man mentioned by the Minister of Finance, was, he
believed. the Ministers would acknowledge, an M
constitutional act. 1t has been said on this floor
that you cannot legislate for this people as you
would for another race or people. How. he would
ask, are the people to be educated up to the value
of freedom. when there are such laws on our stat
utes as this and others, cnrtailing personal liberty.
The Minister of Foreign A8airs quoted the laws
OF Massachusetts, as containing the same provision
as our own statute.
The Attorney General said that a man could be
released in Massachusetts under that law, on prov
ing that he had no money or means.
Hon. Mr.. Carter said that the comparison between
the statute of Massachusetts and ours did not hold
good. There was no provision in the former Tor
putting q man to work.
The Minister Of the Interior objected to discuss
ing the laws OF Massachusetts in this Assembly.
Hon. Mr.. Carter said that during the last session
of the Assembly. the Minister of Foreign Affairs
quoted the laws of Massachusetts on q certain oc-
casiOn. because it suited his purpose, and when it
suited his purpose he misquoted them. Mr.. Carter was
aware that the statutes of Massachusetts were not
in favor here. and now we have His Tx. the Minis
ter of the Interior Directing to their being quoted
from. All this was consistent with the nature OF
the administration of this government for the past
ten years. 1t was only during the last session of
this Assembly that l heard the laws of Massachusetts
reviled ? nd abused. / have proved by the statutes
of that State introduced here by the Minister of For
eign Relations that when a man in Massachusetts
pleads poverty, and proves it, he is discharged. If he
refuses TO pay his taxes he is taken before n Judge,
and gives his reason, and if the fact is established
that he has no means, he is at once discharged. Dur
ing my experience here, as q Tax Collector, I have
never known of u single person exempted from taxa
ton on account of poverty-the old, weak or inferior,
were exempted This system of forcing a man to
work out his taxes is contrary to the first article of
our Constitution, for If you sell a mans labor, you
take his body you can't separate his work from his
person. The same remark can be made in regard to
labor contracts. L beg to offer the following amend
ment to the bill now before the House
elm case no property can be found wherein TO
levy, then such person, if able-bCdied, may be ar
rested and taken before n judge or magistrate, when
an examination shall be entered upon to ascertain if
he have property of any description 10 levy upon, and
if no property can be found, and the person arrested
make oath that he has no property, he shall be enti-
tied to a discharge"
To this 1 can gee no objection, except perhaps, that
il is framed after the statute of Massachusetts,. NV
experience OF the Hawaiians Is that there are nowhere
more willing tax payers than ;hey-much more will
ing than are foreigners. Isubmit that imprisonment
at hard labor for non-payment of tayes, is an act of
oppression, and the law ought to be repealed. Per-
haps the Hawaiisns do not properly value personal
liberty. l have heard it so asserted. If that is so,
we ought certainly to endeavOr to cultivate the love
of liberty in them. During the last session a bill was
urged before the Assembly that was unconstitutional
On a member stating that fact, one of the Ministers
said-' You may know that, but the natives do not"
If the Constitution is worth anything, it ought to be
strictly observed, and if we find a law that is uncOn-
stitutiOual, let it be repealed.
Hon. Mr.. Kaukaha opposed the bill. He did not
think the statute in question was in conflict with the
provisions OF the Constitution. as to the liberty of
the person.
The Attorney General wished to speak OF another
subject before proceeding with the consideration
of the bill. lie did not pretend that we were in
any manner bound by the statutes of Massachusetts.
but when they were quoted be preferred that they
should be correctly and fully quoted. He then ex-
planned what the provisions of those statutes were
in regard to delinquent tax payers. He would only
add. that when it was sought to quote laws that
were oppressive. the laws of some other State must
be quoted, than those OF Massachusetts. He, how
ever. was opposed to the bill before the House.
The State has a right to make a law reeNiring the
personal services of its citizens. in lien of the tax,
if they are able-bodied. The present law might
perhaps be amended 4 little. but not in the sweep
ing manner proposed. 1t certainly was right to
make a man work to pay his tax. if he was able
bodied but too lazy to earn anything. But not to
make n man work to pay taxes on property, if he
has no property. He did not, however. think it was
unconstitutional to force an able-bodied man 10
work ont his taxes.
Hon. Mr.. Martin was in favor Of the bill, but
would like 10 have the subject thoroughly discussed.
Hon. A. F.. Judd did not think that the laws in
regard to taxation were unconstitutional. 1t was
expressly provided that the tax assessors should
exempt those who, from poverty. were unable to
pay taxes. The proposed amendment therefore was
unnecessary, and be should oppose it.
House then adjourned.