The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-06-16

and on the evidence the Assembly must
accept the minority report. The only wit
nesses that were brought were the man
who wishes TO retain his seat and bullock
thief. He believed that the majority re-
I port was made out by the Chairman, Mr..
KauIukou, and signed by the other two
/ members without their knowing its con
tents. He hoped the Assembly would
look upon the matter as one OF honor, and
/ not blot its record. He wanted 10 see u
correct principle for elections.
Mr.. Aholo said the question was whether
those names were put on the list legally or
| not. a person who wishes his name on
the list must go personally. When John
| Richardson went, that was not the claimant
himself He knew most OF these men.
! Some OF them went to kaanapali 10 vote,
but not being allowed to do so, returned TO
Lahaina and cast their votes there. One
of the witnesses he knew was not fit per
| son to testify. The petition asks for Mr..
| Kaukau 10 be unseated. 1t was not his
/ fault, the blame lying with the Inspectors
! of Election He had taken the oath TO
support the Constitution, and therefore
! moved the majority report be adopted,
and also moved the previous question
The Attorney General asked Mr.. Aholo
to withdraw the latter motion to enable
! him to offer few remarks.
| Mr.. Aholo withdrew the motion.
The Attorney General said he felt con-
viAced he had been doing his duty. The
very able argument by Mr.. Thurston had
! been made from the standpoint of u law
| yer and advocate, and not of a statesman.
| The lawyer has different ways from the
| statesman. The lawyer gives such show
| ing of facts as to obscure the judgment OF
| those who have to decide. The legitimate
| duty of the statesman was to present facts
| which would lead to a correct conclusion.
| Certain maximS and principles need no
| demonstration or proof. The majority re-
| port was sound and logical. II man
votes in his district it is prima facie evil
| dence that he pays his taxes in that dis
trict. Whether it appeared in the EVIL
dence offered by Mr.. ThurstOn that one
single individual had paid his taxes in
Kaanapali and was put on the list OF
voters, he did not know. If it was the
case he failed to hear it. All of these men
had dual residences; some three or four.
When YOU wanted to find them for any
lawful purpose you did not know where to
go to until they are brought by law
which is forbidden. There was one phase
| in Mr.. Thurston's argument he did not
like which savored of abuse and threat.
1t was the appeal against the majority
report He did not believe that all the
wisdom and honesty were congregated IN
the small knot of Opposition members. 1t
reminded him of the advice an old lawyer
gave to his son, who was studying law.
The son asked his father what he should
do if the law was against him. Stick to
the facts, replied the father. But sup
posing the facts are against me, said the
son. Then stick to the law, my boy. But
supposing both are against me, said the
SON. Then abuse the other side all you
can, replied the father.
Mr.. Thurston asked whether that old
man was the Attorney Generals father.
The Attorney General said if he had
been he would probably have been better
lawyer His Excellency then touched at
length upon the law points connected with
the matter, and concluded by saying that
the petitioners had not made out their
case. 1t was his serious conviction that he
was right, and he should vote in favor of
the majority report.
Mr.. Kaulukou said that the statement
made by Mr.. Thurston as to the majority
| report being made out by the chairman,
and signed by the other two members
without reading it, was entirely incorrect
The committee had several meetings at
which they went into the facts of the case.
He moved the previous question.
Mr.. Dole asked the honorable member
to withdraw his motion as he wished to
make few remarks.
Mr.. Castle said the motion was out of
order as the seconder did not rise.
Mr.. Dole said he had the floor; no one
seconded the motion.
The President ruled Mr.. Dole out of
order and would leave it to the House. 1t
had not been the practice for the seconder
of a motion to be obliged to rise.
Mr.. Dole was aStonished to hear there
was no such rule
Mr.. Kaulukou said there was no rule re-
curing member to rise who seconds
motion.
Mr.. Dole asked for a ruling.
Mr.. Kalua said he did not hear any one
second the motion.
Mr.. Palohau said, very emphatically,
that he was the seconder.
On a vote being taken the ruling of the
chair was sustained.
Mr.. Thurston moved the ayes and noes
be taken on the previous question.
The previous question was then put and
prevailed.
Mr.. Brown said he was member of the
minority committee, and it was rather I'M
gentemanly to shut him off without the
chance of making few remarks.
Mr.. ThurstOn rose TO a point of order.
He moved that the ayes and noes be taken
on the previous question: but the motion
had been put and carried without this be-
ing done He thought the action OF the
Chair was out of order.
The President understood the motion for
the ayes and noes had been withdrawn.
Mr.. Kaulukou rose to a point of order
The motion to call the ayes and noes on
the previous question could not be put
Mr.. Dole said that according to the Con-
stitution the ayes and noes could be called
by majority of one-fifth of the members
present.
His Excellency Mr.. Gibson said the pre-
vious question had been put and carried.
The President did not think the motion
out of order if the House agreed.
The ayes and noes on the previous ques-