The Hawaiian gazette., 1872-05-22
Legislative Proceedings.
srrrrENrH DAY. NAY l7lh. IS


The Assembly met al 10 O'Clock A n, the Presi-
dent, His Ex. P Nahaolelua, in the Chair Prayer
by the Rev. Mr. Psikuli Journal OF preceding ses
sion read and, on motion, approved
Mr. Poll presented petition from Honolulu,
praying that ell s,orvkegpers and drslers in Homo
Iula Be taxed SO each, road tax. Referred Com
mljtrr OF Finance.
Mr.. Kaiae presented petition from one Haalou,
praying that the sum Of SIS balance due him as
mail carrier bc paid 10 him. On motion, petition
rejected
Hon. {. r Bishop. Chairman Of Finance Com
miJtec. reported fsvurably petition from Hsnvho-
slaui praying tia, the Assembly return to him $50
! which he PAID to Judge lawrence for Gusts Of sp.
peal and whi,h not returned 10 him after with
I drawing his spPesL Report accepted.
The sane Committee reported adversely on petit
tiou from Honolulu PRAYING thst the water rates be
reduced, sud on petition from Hau PRAYING that the
appropriation Of $50 Tor oads in Esu aud buoy al
PuusluE. be psid immediately. Report accepted.
Mr. kssi introduced Resolution that The sum of
$500 be appropriated fur roads in North Hous, Ha.
wsHL To Dc considered with the Appropriation Eli.
Mr. Poll Introduced Resolution that the sppro-
pratious for the TWO years ending 1874, do not tx
coed slOo0.ooO
Amer some debate on The Resolution, the House
proceeded TO the Order Of the Day.
Tue Resolution intriduc,d nv Mr. Nawuhi. re
gardug toe breaking ct the Sabbath BY the Austria
lian steamship Line being unfinished business, Wss
6-st in order.
NJ Kauksha moved to indefinitely postpone the
Resolution.
Mr.. Poll moved to ECnend the Resolution by having
the Agents sud sI those who worked on the steam
ers on the Sabbath, arrested.
Resolution Indefinitely postponed.
Mr.. KaukahA moved that the vote Of the House
the adoption OF the rvport Of the Committee Of
the Whole on the minority repor, Of the JUDICIARY
Committee rygsrdiag the contested election of NJ
Psikuli, member elect for wsialus, DC rrcousiderrd
which was put aud carried.
Motion TO adopt The report OF Committee Of the
Whole. as reported yesterday, recommending the
adoption Of minority report uf the Judiciary Com.
lEittee was put 10 vote snd lost
Hos D Halskaua said Yesterday I voted in
favor If the minority on the ground that question
OF principle Involved rather then the legality Of
the vote q single aann. Tue principle advocated
yesterday standing 10 the way OF the existing
Statute, am ready 10 give way TO the decision Of
the Inspectors Of Election for the reason that ser
due consideration, 20 the best Of fheiy ability they
have given such construction 10 Section 74 If the
Civil Code. am always ready To give in 10 point
Of principle rather than the Statute should be vio-
lated with immunity The minority Of the Com
mittee 10 giving their report, when advancing a
question Of principle being the means Of the dis
qualification OF the member from Waialua ought to
have left it as a matter for our courts TO decide
rather than take it upon themselves. The cause
that has given rise much discussion the con.
Fiction OF the Statute under the old Constitution Of
1852 and the property qualification under the Consti-
ton Of 1864. Sections is, 794, T95 and SO7 were
made for the elections when there was no property
qualification. A new Law was passed in 1865 to
facilitate elections under the property qualification.
And surely 10 my mind, there exists irrrgularity
TO degree that jus,ifes the minority Of the Com
mittee to doubt; but l think the Committee err in
bringing matter OF principle to test the decision Of
the Inspectors Of Election on a point Of law, aud
for that reason concur with the msjory report Of
the Committee"
Upon the matter being brought sgsin before the
House considerable discussion took place regarding
the adoption Of the minority report Of the Judiciary
Committee, which, if adopted. ordered new cleo
tiou 10 be held at waialua tor Representative 10
the Assembly from that district
Motion made to adopt report Of majority of the
Judiciary Committee.
Mr.. Carter moved to refer the reports back TO the
and if possible let them get fresh evil
dence, and report agaiu to the Assembly. Motion
put and lost by vote % Is to L.
Motion to adopt majority report of the Judiciary
and allow the member from waiaIua to
retain his seat, put and carried by the following
vote:
-lyss-His Ell. P. Kanoa, Hon. D. Eslakau,, Hon.
Messrs. Kaai, Kupakee, Martin, Nawahi Kipi, Ha-
emauu. Naihe, Aholo Hanaike Kuihelaui, Lunoaea,
Nui, Newton, Kaiue, Mikalemi, Poll. Komoike-
luehu, Kekos, kzPEuiai, aud KsGklha-22
Noes-His H, W. c. Lunahlo, His Ex. J. o. Dom
luis, Hons c. F. Bishop, c. EsuaiDa, " P kama
zau, P 7 Kaea, Fl. Kaharu, His Ex F. ". Hutch
son, His Er. c. Harris, Hon. Nrssrs Hitchcock,
Kaukau, Kahsuanui, A T. Judd, J. o. Carter, c. H
J0dd and W. H Rice-I5.
Bill 10 amend Sections $50 and ISL of the Civil
Code read.
o. motion Of Mr.. Rice, both Bills considered in /
Committee Of the Whole, and Mr.. Kuihel4ui called
10 The Chair
Bill introduced 10y Mr.. Kupakee, TO amend Sec
ions $50 sud 4S7 Of the Civil Code, IeEying poll I
ind rpad tax on all males between tue ages OF % I
Ind So in place OF Ia aud 60 as heretofore The FOL
owing is the Bill:
An Act to amend Sections $50 and 4s7 Of the Civil
code
b II Enacted, by the King snd the legislative +
Assembly Of the Hawaiian Islands in the Legislature
IF the Kingdom assembled
Section l. That Section 4So OF the Civil Code be
ind tue same Is hereby amended by striking out the
word Seventeen and substituting therefor the .
word Twenty 50 that the Section as ameuded
hail read as follows:
Section $50 An annual poll tax Of one dollar shall
y paid by every male inhabitsnt Of the Kingdom
'etESen the ages OF Twenty and Sixty years.
whether Hawaiian subject or an alien, unless the
'erson be excused IRON such payment by law, or hy
he Assessor Of the district in which be resides on
ccoant OF age, innrmiiy and poverty.
Section 2 That Section 4s7 Of the Civil Code be
md the same is hereby amended by striking out the
F0rd Seventeen" aud substituting therefor the
word Twenty" SO that tue Section IS amended /
hail read as follows.
Section 4S7 An annual road tax OF two dollars
hall be paid by every male inbabitant OF the King.
tom between the ages Of Twenty and Sixty years, 4
whether Hawaiian subject or an alien. unless the
'ersou be exempted from such payment By law or
the Assessor OF the district in which be resides
IN account of infrmify, unless he be a school 1
eaehrr actually employed, or fireman belonging to
legally oTgsnized company. or a student acfualIyin