The Hawaiian gazette., 1872-07-10

succeeding Legislatures shall cause to be inserted IN
their several Appropriation Bills such sums of money
as they may, after consultation with the Board of
Education, deem sufficient TO carry out fully
the provisions of this Act.
Sections and read and passed. Section read.
His Ex C. C. Harris moved strike out Section 8,
its meaning was embodied in the second Section
and the amount to be expended from time to time un-
der this Act could be inserted in the Appropriation
Bill from time to time. Motion carried.
Preamble read and passed.
On Committee rising the Chairman reported, and
recommend the passage of the Bill to engrossment
Report accepted.
Bill to amend Section . of Chapter Sc of the Penal
Code, preventing married persons from desertng
another, introduced by Mr.. Kupakee, also Bill to re-
peal the whole of said Act introduced by His Ex the
Attorney General, next considered.
Section l. That Section 2, Chapter Sc Of the Penal
Code be and the same is hereby amended SO read
as follows:
Section 2. Said Justice shall examine into, hear,
and determine the complaint, and shall secure, if
practicable, reconciliation between the parties
they become recOnced to each other penalty shall
be mposed but if after the of the defendant
to return and live quietly with the complainant it
shall be found that be or she does not live quietly and
peaceably, and if complaint is made by the plaintiff
to District Justice Police Magistrate, and if the
offence is proved to the satisfaction of the Justice
from the evidence of competent witnesses, the de-
fendant shall be punished for contempt of Court, in
the discretion Of said Justice.
Bill of His Ex. the Attorney General TO repeal con-
sdered. Motion indefinitely postpone put to vote
and carried-27 ayes, noes.
Bill of Mr.. Kupakee then considered and on mo-
tiOn rejected.
Next Bill considered as follows, introduced by Mr..
A. F. Judd, Chairman of the Judiciary Committee.
Section l. Tho word 'tenant," as used in Sections
3Ss, 3ss $780, 3e, 392 and S95 of the Civil Code, in
regard to Fisheries shall be held to mean any person
who shall own parcel of real estate in the land to
which the Fishery may belong, who shall have
sided continuously the said land for the period of
one year Immediately preceding the of such
Fishery.
Section .. The use of the Fisheries to which the
"tenants'' defined in Section of this Act entitled,
shall be held to the right to take fish for their
consumption for sale, subject to the restrictions
heretofore imposed by law; provided, however, that
only the actual tenants as defined in Section of this
Act shall be allowed to use the Fisheries of their ko-
nohikis.
Bill read by Sections and passed.
Assembly adjourned.
FIFTY-TH1RD Day July 9, 1872.
The Assembly met at the usual hour, the Presi-
dent His Ex. P. Nahaolelua in the Chair. Prayer
by the Chaplain. Journal of the preceding session
read, and on motion, approved.
Hon. D. Kalakaua gave notice of Bill to regu-
late the pay of the Military and OF the Police.
Hon. D. Kalakaua read for the,frst time q Bill to
repeal Section l, Chapter Al, of the Civil Code.
On the motion to indefinitely postpone, Mr.. Ka-
lakaua addressed the Assembly as follows, In favor
OF the Bill:
Mr. PRESIDENT: In advocating the principle of
this Bill that to say, the restoration of the civil
rights, liberty, and freedom of the Hawaiian people,
l say am advocating good cause. Nothing is
more palpable to every sound and sensible mind
than that all laws enforcing uncvil restrictions are
unconstitutional, and tend to corrupt the nation
rather than elevate it to a high moral condition
This law when first admitted into our criminal CODE
was properly put there to restain a people from
excess in the ofintoxicating drinks who at that
time went TO the utmost extremes of drinking
Ardent spirits were promscuously landed without
taxes or duties being imposed. Liquors were landed
or smuggled without the least obstruction, and the
evils that followed can be easily imagined new
nation merging from a mi-barbarous state, and
guorant of the value of its civil liberties, il was
right that law such is now asked to be repealed
should be imposed; but now, when every native
Hawaiian is fully up to knowledge of his civil
rights, and appeals that he should be restored
BY presenting memorial of 200 signatures to
this honorable body think it is time that what
they crave should not be ignored. The once
simple-mnded kanaka of thirty years ago is not
the same as the one OF nowadays. Now, he
knows the value of time and money, when in
those days he did not. / have said that the re-
strictions imposed by this law do the people no
good, but rather harm, for the reason that instead
of intoxicating and cultivating the principles of
honor, they lower them down to the meanest of
creation by learning them to steal behind the bar,
the stable and the closet, where they may be shell
tered from the prying eyes of the law Yes sheltered
indeed they are! not after the manner of deceney
but after the manner of hypocrisy, "dawing the
very cup to the last" Then, Mr.. President, ask
then, where lies virtues where lies justices hope
it is not in those that persist in binding the liberty
of this people BY refusing them the privilege that
they now crave. Knowingly that they are with
those employed to make it their business to sell;
are living under a well ordered government and /
the advancement of liberal laws; that the exchange
of barter and trade should not be barred to the |
seller the purchaser, but equally distributed |
where equal civil rights are concerned. The heavy
imposition of taxes and duties on ardent spirits
makes it burden on those engaged in the traffic OF
liquor, and makes it anything but lucrative trade
for them, and the restrictions imposed on those to
whom they may make fair remuneration are en-
forced by the eccenricties of this law. The heavy
license imposed the liquor dealers, and the pro-
hibtion against selling to the natives, are an ia-
fringement upon civil rights and therefore uncon-
binding not only the purchaser but the
dealer against acquiring aud possessing property
The repeal of this law will be the meaus of new
legislative Acts that all liquors imported into this
country should receive thorough test of being
genuine before they are allowed as an article of
sale in markets. instead OF articles that are eat
ing the very vitals of the natives, and which will
accomplish what has been prophesied, the extinction
Of this noble race in less than half century. Enact
laws to prevent the importation and sale of all vile,
liquors, and you Will indeed have done
The land some good. But prohibitory Acts eucroach-
ing on civil rights, neyerl The law is inevitably
broken, and remains a dead letter. 1t is question
whether those who brag so much for the love of
his race that instead Of putting restraint and
irritating the consciences of those who feel their
v rights barred by the restriction of an article