The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-11-10

QraVest INJUSTICE t1at was GVGT COmmILLGu mere II
the name of Law.
L admit that the act upon which these questions
are based, is a bungle of words-and In this par
ticular, not unlike many acts of many legislatures
High Court, in whose uprightness we have fullest
confidence, and it is their province to see that the
laws are administered justly and for the public
veal.
1t is surely clear that the Legislature wished to
tax all property in the kingdom 4 per cent, and 1t
is probable that they wished to tax neither mort
law was o bungle, and here we have the value oil
the Cabinets power. The late Ministers aver that
their intention was in opposition to the interpreta-
ton now given to the act. The ex-Attorney Gen
eral has taken a retainer in defense OF the same
view. 1 believe, not a member Of the Legislature
can be found who intended the Interpretation now
placed on the act, and I presume the Cabinet can
readily inform itself of the intention of the King in
giving effect to this act. The present Attorney
General declares it defective and impolitic. That
is all we know Of the advice given to the country
by its law adviser. Bat with that advice it seems
to me that the Cabinet might properly have taken
the responsibility of statesmen in preference to the
role of prosecutors, and have refused to press an
obnoxious act, simply because it was written. If
they are satisfied that it would work an injustice,
would it not have been courageous in them, forti-
flying themselves with such authority as the King
and Privy Council could give, to refuse to execute
that injustice, accepting the responsibility or risk
of the approval of the nation in its next legisla-
ture? l venture to think such a course would
have been deemed not unworthy of statesmen
whose ambition it undoubtedly is to advise the
King for the good of his people.
But o more prudent course has been taken and
whatever the result, no one will charge the ministry
with having Influenced that result by any step which
could leave q stain on their constitutional repute.
And so we are relegated to the high court Of JUS
tice, whose motto is not fiat lex but I" fiat JUS
titia." and that court has given q decision which
will not rufle the repose of any rich man in the land;
for rich men are not foolish enough to mortgage
their property. But all over the land you will find
poor struggling men,-whose property sold to-day
u0nld nnk u -.
singled out as witnesses to the uncertainty and OBJ
preston of popular legislative acts. Sir, when I
think who the sufferers are (for they are not ell OBJ
noxious owners of sugar., 1 feel sick at heart, and
can only thank God that I had no hand in the enact
ment or execution of this injustice. To these
poor victims the vaunted treaty is being made
like Balaam's blessing to Balak, "I called thee
to curse mine enemies-and 10 thou hast blessed
whether Dives should pay double tax for being
SO well secured, / could understand the rightly of
the position taken by the Minister and Judges, but
when it is not for Dives but for hundreds of people
whom we may not see nor hear, but who can and
will feel, the matter is far more grave.
l remember q correspondence in which people with
fixed incomes, fatherless families, and other strug-
CLING and therefore dissgreeable people were spoken
OF as not certain to prosper under the new order of
things. Somehow these are just the people that
come before me now, and as I think of them and this
fabric of taxes and assessments ask myself whether
we are after all really q nation of statesmen.
l will not take up your space with the question of
corporations, for those who can afford to own them
can take care of themselves, and one incongruity more
or less is immaterial Imay however remind those who
think new property is created by issuing shares, that
there were once people who believed the issue of
greenbacks was a similar creation. And as to the
taxing of Bank of England notes referred to by the
Attorney General, in point of fact neither the notes
nor the corporation property are taxed, and if they
were, it is certain that the liabilities of the corpora
ton would be deducted before its property could be
ascertained.
Ruk cr for tho SaLa of Ck,;ak:o. oLo.:.- r
peal to those who have the power. to deal justly with
the poor; and even at some risk of their offices, to
say they will be no parties to the injustice now be-
ing done in the name Of Law
Is it wise to let such o sense of injustice rankle in
peoples minds2
Is it wise to foster in the minds of the natives the
idea that they can pass laws by which foreigners and
their property may be made to bear all the imposts
they choose to levy
Is it wise to force on those by whose ~exertions and
enterprise alone this land can be built up, a convic-
ton of the hostility of the government to their inter-
ests and its contempt for their good-willf
l think it is q mistake that this question was ever
brought before the Supreme Court. But even now
1 would appeal to the Cabinet to take that step which
will convince every one of their courage, as fully
as we all believe now in their sense Of duty and
honor.
One serious complaint has already been redressed
by the Ministers by their consulting their own sense
o~fjustice, rather than the decision of law. Can they
not with as good o grace accept the decision of the |
Supreme Court on the legal points submitted, and
then declare that Justice is higher than Law? I
well remember a reply of His Ex. D. L. Gregg, q law
yer and statesman, to an application regarding the
right to admit goods arriving on the day before the
ten per cent. tariff came into operation, and which
happened to be Sunday. He showed that the strict
letter required the higher rate to be paid, but after
giving clear reason for this opinion added words to
this effect: "But it is the desire Of His Majesty's
government always to interpret questions of this ma
ture literally and in favor as far as possible Of
the public. and therefore permission will be issued
for the entry of the cargo named, under the tariff in
force at the time of arrival, Notwithstanding that the
actual entry Of the ship was not made that day.
Surely this was better than for the government to
refer its aggrieved appellants to the costly mercies of
q court of law.
And when the Legislature meets, if one man can
be found to question the wisdom or legality of
their act, the Cabinet will answer, and every man
Of honor in the kingdom will support them "We
found a law on the statute book that was defective
and impolitic in its enactment, and would have
been unjust and obnoxious in its execution. To
our hands was committed the honor of the nation, |
and to you we are responsible for the trust com
mitted into our safe keeping when we could no
longer appeal to you. We believe the act did not
express the meaning of the Legislature, and there
fore we refused to carry out in your name an act
which we believed you would not approve. To
save the honor of the nation, we have executed
what we believed to be its wish and its interest, |
and by your approval of our course, together we
stand or fall"
The position of the Ministers is one of embarrass-
ment-chieHy no doubt by Inheritance. / believe
the general desire is to support them in whatever
policy may be adopted for the national welfare.
1 believe too in their genuine desire to advance
the prosperity Of every man on the islands.
Cannot the Government then devise some means
either TO convince or satisfy us beyond the hope
less recognition of the justice of our complaint
with which the Attorney General closes his letter?
Sir, l would fain believe that when the Govern
ment come to realize the oppressive bearing of the
recent decision they will resolve that the oppression
shall ct once be removed, and that whatever else
may result. Righteousness shall continue to be the
life of the land. 1 am sir, your obedient servant,
QUEEN STREET.
WITHOUT discussing before Its time the assertion
of the GaSette's correspondent that "four-6fths of
the legal voters of this kingdom will sustain the Sun
L. - u.zas4 4ha4 Caotsan o un;nLk "a |