The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-06-19

been said this floor that have o poor in thi
of the term, but believe that many natives
too poor to meet the tax. Natives are most willing
tax Iay ers if they able they pay promptly anG
willingly. Ny experience is that they pay NOR,
promptly and willingly than the foreign element il
community. Every State and Empire has it.
p,Ur, and every civilized State and Empire make.
provision for its poor; but not so with us. submit
that, in my belief this seizing upon a person and
compelling him to work out his tax is unconstitu,
tionAl it is compelling a to satisfy civil con-
tract with his person body. You cannot separate
his labor from his body, although this distinction
has been made in relation to labor contracts. You
may sell a mans contract to labor. but it necessarily
takes his body with it, and no honest with well
balanced mind will claim the contrary. 1t has been
said that the laws of Massachusetts, have nothing to
do with affairs. Very true but if the frsmer of
Constitution was pleased to accept as model the
Bill of Rights Of the State of Massachusetts. see no
great objection to adopting certain provisions of
law adapted to that Bill Of Rights. Under cleo
tiou law ii has receipt in form he cannot
vote, be is denied representation. Now, meet the
wish Of those who ask for provision for the col
lection Of personal taxes propose this amendment
In case property Can be found wherein to levy,
then such person, if able bodied, may be arrested and
taken before Judge Magistrate when an exam
inaton shall be entered upon to ascertain if ne have
property Of any description to levy upon. and if no
property be found and the person arrested make
oath that he hss property, be shall be entitled
discharge" And l objection to this
amendment except that it is framed somewhat after
the Statutes of Massachusetts,.
It has been said. and may be true that Hawaiian
does not value personal rights. If not their value
and importance should be taught and love for them
cultivated. Only last session an Act presented
about which there some discussion. and. as is
sometimes done, one person left his seat and sought
opinion from Representative as to the merits Of
the Act. The was, 1t is uuconstitutional'
The reply was. Well, you say SO, but the natives
don't know it." This IS wrong If the Constitution
is worth anything is worth following in letter and
spirit If We have laws that are unconstitutional let
them be repealed.
Mr.. Kaukaha favored the remarks made by the last
speaker aud stated that be should vote for the Bill
His Ex the Attorney General said be wished TO
call attention TO one matter before he proceeded
with his remarks, and that that be did not pre-.
tend say that the laws of the State of Massachu-
setts to be set down as guide for US; but be
would say that there law in that Common.
wealth which compelled man who could not pay
bis by reason of poverty 10 work them out in
any way. The laws Of the Slate of Massachusetts
could not be proftably referred to by anyone, in
favor of extreme and arbitrary legislation, and
no laws advocating such course could be found in
the statutes of Massachusetts. However, feel
bound to say that am in favor Of the Bill be-
fore the House, in its present form. Taxes are
levied upon mans body and health, and if he is in
good health, able bodied, and can work, he has
something which he should pay taxes. would
not give my health for all The money in the King
dom. aud any man who is well aud strong is able
to, and ought to pay his personal taxes,
tribute his proportion towards supporting the Gov
ernment in some other way. On that ground
State taxes its citizens, and often requires citi
in able health to render specific services TO the
Government hremen, soldiers, &c A State has
a right to make men perform such duties; and ii is
the same with duties that owed by able bodied
men in this Kingdom to the support of roads. The
amount Of the road tax can easily be earned by any
able bodied man, and be ought 10 pay 1t. Perhaps
It may be claimed that a man has legal right to be
iudoleut. Il is not So If he have health and
strength, he must contribute his proportion towards
relieving the burdens OF Government quite as much
40 az AuuAlu hlu NiuoN WHO lldb hu luelEllluGtul
property. Government has a right to make men
work the roads n payment oflaxes; but in my
opinion the existing law is somewhat defective.
can not see, however, why such sweeping legisla-
iun should be brought 10 bear upon this section Of
the law. On The other hand, if man is taxed for
property which he has got, it is rather hard for
him to work out his tax. A person, after being /
assessed, might be unfortunate enough 10 lose all
I
way Of setting the matter right. Any Government /
has right TO impose certain personal duties for ts
support. All can recollect the stern conscription
that carried in the United States of America,
where men were compelled to contribute towards
the preservation OF their country. Il is violation
Of the Constitution to say man shall work out his
personal taxes. But the law is not guarded enough
as regards taxes property. Under existing laws,
a mau may be compelled to work out n tax on prop
crty which he docs not own. ! am opposed TO the
present Bill but should be in favor of modifying
several of the existing regulations
Mr.. Martin spoke in favor Of the Bill
Mr.. A. F. Judd was opposed to the Bill, as the
Tax Assessor allowed great deal of license In
Judging of poor man or one who was iufrm, and
1 was presumption of law that If a man was as.
essed he was able TO pay his tax. Ii the existing
aw, any part of it, was in his opinion uucousli.
ulional be would certainly vote for a repeal or an
amendment.
Mr.. Komoikehuehu spoke against the Bill, and
aw no fault in the law that was now in force
Mr.. Kaai said he opposed to the Bill.
Pending discussion, the Assembly adjourned.
THmTY-sIxTH DAY, JUNE 10Th, 1872
The Assembly met at the usual hour the Presi-
lent, His Ex. P. Nahaolelua in the Chair. Prayer
" the Chaplain. Journal OF preceding day read and
N notion approved.
The following petitions were presented to the
House:
From HamskuA praying that $500 be sppropria-
ed for a road between Waipio aud Waimanu.
From Kooaupoko praying that 10000 be appro.
riated for road over Nuuanu Pali-to be considered
With tue Appropriation Bill; praying that the tax
n cattle under years of age be abolished-to be
onsidered with bill regulating tax animals
raying that the pay of day laborers be raised TO
]4cts per day, aud that employers give their sick
lborers tea aud bread and other warm food when s
ck-petition rejected; praying that actions uuder
he masters and servants Act 10 future be brought
civil suits instead of criminai-referred to Judi
AIRY Committee; praying that hours per day be a
ade q legal days work-referred TO Judiciary
ommttee. il
From Waimea, Kauai, praying that the Act TO MI W
gate be repealed that the tax on horses be re.
tt,,t n