The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1874-05-09
LEGISLATIVE
Session of 1874
FIFTH DAY. May 5th.

7 From Hilo, that the ava law be amended, abol-
ishing the provision requiring a physicians GER
tifcate.
From Kaanapali. that the Kings allowance be
reduced to $50. 600 for the biennial period also
thar the salaries of all other Government officers
be reduced.
From Kaanapali, that no foreigners be allowed
to hold Office under the Government.
From Molokai. that distillation of spirits be de-
/ clared free.
From South Kona, that parents of five or more
children, be exempt from personal taxes that the
dog tag be abolished the stallion law be repealed.
From South kOna, that the labor on roads be
abolished and that a money tax be the rule, $3.50
for common people.-rich people and foreigners,
So also for 81, 200 appropriation for the road.
From Honolulu. that prisoners be not employed
in loading and unloading ships.
From Wailuku, that all sea fishing grounds be
free that all Hawaiian doctors be allowed to
practice without license.
From Wailuku, that the divorce law of 1870, be
repealed.
RESOLUTIONS.
By the Hon. Mr.. Aholo that the Secretary of the
House be instructed to lay before the House the
bill regulating the hours of labor, introduced in
1872. Adopted.
Hon. Mr.. w. T. Martin gave notice of intention
10 introduce a bill to prohibit the peddling OF
cakes, bread, etc.
REPORTS OF COMMITTEES.
Hon. W. T. Martin, from the Sanitary Committee
reported on a petition from Honolulu, with some
1000 names, praying that DR.. Singkee Akana be
permitted to attend on the lepers at MoIokai that
DR.. Singkee Akana has already the permission of
the Board of Health to attend on the lepers, and
that if he succeeds in curing any Of them he will
be compensated by the Board. The Committee
therefore that the petition be laid on
the table. Adopted.
On motion Of the Hon. Mr.. Kaukaha the ayes
and noes were taken on the question of the inde1-
mite postponement of the proposed amendment TO
Article As of the Constitution, providing for q sep
aration of the Houses, as follows:
AueS-H. II. Charles Kanaina. their ExcelIencies,
J. o. Dominis. p. Kanoa, W. l.. Green. p. Nahaole-
Inc Hone q p RiShOn III Kahanu w IT Martin
John p. Parker, II. kuibelani. j. MOanauli, j. |.
DOwsett, A. S. Cleghorn, S. G. Wilder. J. II. S,
Martin, Nahum, kupahu. klpi, kaai, Kakani, Ma
paepae, Kaukau. Birch, Kapule, KHpihea, MoehO-
nua. kahai, Kakina, KomOikeehuehu, Cummins,
Kaukaba, Koakanu-32.
Noes-Their Excellencies H. A. Widemann, y.
5. Hartwell, Hons. j. Nawahi, Kuikahi, Haupu,
Aholo. Kepoikai, Kaiue, Mikalemi, Naukana, Lane,
Kauai-l2.
The House proceeded to the consideration of the
amendment to Article 20 of the Constitution. pro-
viding that no officer of the Judiciary shall ever
hold a seat in the House of Representatives In
Committee of the whole, Mr.. Kipi in the Chair.
Motion to pass. by Mr.. Moehonua.
Motion to reject, by Mr.. Aholo.
His EXcellency the Attorney General said
The Civil Code of 1858 excludes all judges from
the Legislature. The Constitution of 1864 ex-
elgde 81 |gd iggsS Of ST Gfa8Egth no St Inconsistent Gadist with it shall
remain in force, and the law of 1858 is not incon-
sistent with the Constitution. but directly in sup
port of it's principles, and so l think judges now
are excluded from the Legislature. But some
have thought OlueGWlSe, ana as Tue matter should
not be left in doubt, / hope we shall pass this
amendment. The only reason why judges should
come here is because better men cannot be found.
| hope the judges are the best men. but l think
men enough can be found for the Legislature with
ont taking them. If they be good judges, they
are wanted in their places. 4 temporary deputy
judge may decide cases hastily and in his own
interest, and Is Objectionable. a judge has too
much influence to be a candidate for election.
Who wants to make his judge an enemy by voting
against him? Judges ought to stay at home and
-...l 81 thas 80 g - 49,.
make laws and vote for their own salaries. If this
House think, judges ought to be members, it will
say so, but say they ought not to sit here.
The rose and the indef-
mite postponement of the amendment of Article 20.
Adopted, and the amendment was lost, 40 ayes to
2 noes.
The proposed amendment to Article AZ of the
Constitution, (Which excludes the Attorney Cen
eral from the Cabinet) was then taken up.
The Hon. Mr.. Kaiue moved the indefinite post
ponement of this amendment.
His Elk. the Attorney General said he could see
advantages in this amendment. BY being out of
the Cabinet, the Attorney General would have
time to visit the different parts of the country and
see to the proper administration OF the laws. The
King and the Ministers could at the same time have
the advantage of his advice in all legal questions,
just the same as though he was in the Cabinet.
This was not a question in which be felt personally
concerned, but he thought the House should con-
slider carefully before they discard this amendment.
His Elk. the Minister of Foreign Relations said
that he for one desired the presence Of the Attor-
ney General in the Cabinet, where he could give
himself and his colleagues the greatest assistance.
Hon. Mr.. Kaukaha deprecated the practice which
has been followed in the past, of the Attorney
General being kept in Honolulu when important !
trials are had on the circuit. He thought also that
if the Ministers were in the habit of always de-
pending on the Attorney General for advice in
legal matters, they would neglect to learn what
was their duty under the laws. He would how
ever vote for the indefinite postponement of the
amendment. This was a time when the Govern
ment could not dispense with the Attorney Gen
erals DFeSenCe in the Cabinet
The amendment was indefinitely postponed, 40
to 4.
The amendment to Article 62 was then taken up,
abolishing the property qualification for voters.
The Hon. Mr.. Mikalemi moved that the amend !
ment be adopted. Without debate, the ayes and
Does were called and resulted in the Affirmative
SO to 4.
The House then took up the amendment to
Article 63, providing that the property qualidca-
ton of Representatives may be altered from time
to time. Without debate the amendment was
adopted-ayes 81, noes 8. /
The amendment to Article IS, was then consid-
cred, providing for a concurrent vote of the two
branches of the Legislature in cases OF impeach-
ment of Judges of the Supreme Court and that
such Judges shall be subject to removal for the
cause of mental or physical inability. 1
The Attorney General said
As the law now stands, judges can be removed
by the King and Legislature for good cause"
The amendment proposes that they shall be re-
moved only for d" physical or mental inability 1t
was so in the Constitution of 1852, and l think II
should be so now. | have been unfortunate in
Ending myself frequently in a small minority in
this House, but perhaps that is partly due to my
feeling that both sides of a question should be
shown up. These Constitutional amendments are
great national questions, and l ask you to beware
how you pass over them without consideration. l
see by the faces of the Honorable members, that
their minds were made up before they came into
this House, but for all that, ! tell you what | think
OF this. The strength OF this country depends
largely GU the purity and independence Of its
Supreme Court. The material for making judges
is none too ample. You do not want men who
seek the Office for emoIument. You do not want a
Supreme Court which depends for its existence Oh
the pleasure or passion Of 2 Legislature. Even in
the United States. it IS hard TO find able men for
iudges, because they can earn so much more in
private practice. Those who usually go upon the
po,ob +bara bova 1ona thajr fald YORK parnad