The Hawaiian gazette., 1872-05-08


Mr. Carter said he wished TO disclam any personal
feeling towards the members from Hilo and Maka-
wso, before speaking, and stated that be claimed
that the Resolution was based on question Of law
and policy and quoted from the Goth Article Of the
Constitution and the sisih Section Of the Civil Code
that the law was not repuguant TO the Constitution,
and that the Legislative, Judiciary and Executive
powers ought to be separateand distinct. The Leg.
issture makes laws the judiciary applies them, and
the Executive carries them into effect and claimed
that the Police and District Justices were part Of
the Judiciary; and the centaiidca Of the Goth article
Of the Constitution that the Judiciary aud Leg
islature should be kept separate and distinct. The
18th Chapter of the Civil Code relates by Title tO
Island Courts not of Recordr and then goes on in
its provisions to make the Police Courts courts Of
Record in express terms Its evident tha, the Title
and the Law are irreconciiable. He cited how jea-
ousy the British House Of Commons guarded their
rights as not even to allow sheriff to sit 10 that
body particularly if elected from his own jurisdic
ton, and be thought the Representatives would
weaken their vote by rejecting the Resolution, as
they could not expect the officers of the Government
to coincide with the Representatives on cucroach-
ments of the Government That the Judges we're
judges of the elections and could their positions
to advantage in elections, not that the Representa-
tives elect have taken advantage Of their position TO
carry their elections, but he had heard from some
member his right of an instance Of the Judge Of
Mookai taking advantage Of his Office TO secure cleo
tions.
His Elk. the Minister OF the Interior called Mr..
Carter to order as the Justice Of Molokai was not
present to his charge, and the surs be heard
regarding such Justice probably from some dis
! appointed candidate.
Mr.. Carter resumed by stating that the members
could not guard their rights too jealously they
were constantly receiving petitions TO repeal laws
that were burdcnsome, and asking for other favors
and how could the Representatives expect to grant
these petitions. If they weaken their position by al
lowing these officers to sit Representatives. That
they about to establish precedent and policy.
and that if these gentlemen allowed a seat, the
Representatives might count on two votes against
them on all questions in which the Government. was
interested
Mr.. Kamoikehuehu favored the adoption Of the
Report es in his opinion it was merely question Of
law, and the Committee had Investigated 1t thor
.oughly before reporting to the House.
Mr.. Kaukaha spoke against the adoption Of the
Resolution in his opinion the Police and District
Justices were not referred to In the Goth Article Of
the Constitution.
Mr.. Kipi favored the adoption Of the Report, as
the member from Hilo was his co.Representatve in
that District, and received large majority Of the
votes of the people, aud was their choice, he
much beloved by them.
Mr.. Naihe spoke in favor Of the Report, as be /
thought it based the Goth Article Of the Con
sitution, and the Assembly were only wasting time /
by discussing it..
Hon. D. Ralakaua was opposed TO the Resolution, .
the slSth Section of the Civil Code done away
with by the New Constitution. The slsth Section .
referred the House of Representatives which body
also done away with by the New Constitution,
and the House Of Representatives and House Of No
bes merged into body, styled the Legislative
Assembly.
Mr.. Carter stated that the law did not state that
Judges shall not be eligible the House Of RpTes7,
tages, but not eligible Representative That
bat one question in his mind regarding the 2Oth
Article of the Constiutiou-were the members spo-
ken Of in the Resolution part Of the judiciary or not
1t they were, the Judiciary was not kept separate
and distinct, but merged with the Legislative As
sembly.
His Ex. the Minister Of the Interior distinctly
stated that the members whose seats were contested
by the Res Luton, were not Judges OF Court Of
Record; that it distinctly stated by the statute
that those courts not Courts Of Record and the
statutes were framed by men who knew what they
were about.
His Elk. C. C. Harris supported the remarks OF the
last speaker, and stated, in regard 10 the meaning OF
the Judiciary, Executive and Legislative being dis
tuct was, that this House could not pass judgment
as of the Justices of the Court, could the Judi
ciary make law, nor can the Legislature act as n
Court or Executive, and explained to the Assembly
what were Courts of Record and what were not
His Elk. S. H. Phillips argued that the Legislature
was bound by the provisions Of the Constitution,
and by it the member from Makawao was not jus
tice ola Court Of Record. But to the member from
Hio he being Police Justice, he confessed he was
in doubt about his being Judge ofa Court Of Rec
ord, but did not feel like excluding man from bis
seat when doubtful regarding his case
His Elk G. c. Harris explained TO tue Assembly the
difference between Court OF Record and 4 Court
not considered Court of Record
On Committee rising, the Chairman reported adop-
ton ofReport of Committee on Resolution of Mr..
Carter.
On motion of Mr. Aholo the Report was adopted.
RESOLUTIONS. Mr. Kupakee gave notice of Bill to
amend Sections $50 and 4s7 Of the Civil Code; also
Bill to amend Chapter IS, Section 9, Of Pera Code
Mr.. Kupakee offered Resolution that 5000 be ap-
propriated for wharf at the harbor Of Kaawaloa.
Referred to Committee on internal improvements.
Mr. Martin offered a Resolution that the sum Of
ESQ be appropriated for the purchase OF wharf at
KaaluaIu Referred to Committee on Internal In {
provements.
Mr. J. Kamoikehuehu gave notice Of a Bill to I
lmend Sections s. and of the law regarding the {
AK on dogs. 0
Mr.. Kaukau offered Resolution that the sum Of
5000 be appropriated for;he repair OF the Pail road
It RIanapali and new bridge at Kahakuloa. Re '
erred TO Committee Internal improvements. b
Mr.. E. Mikaemi gave notice Of a Bill to amend b
Section IS Of the law in relation to the Board Of Ed
ieatiOn.
His Elk. the Attorney General read, for the first /.
ime Bill to prevent the use Of explosive substan-
es in taking fish ,
The Assembly adjourned until the 18th inst, at 10 h
,'clock a
NEW ADVERTISEMENTS.