The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-08-11


elected by the District of Hilo.
Article 20 forbids judges Of courts
of record to sit in the Assembly,
and article 61 defines the qualifica-
tions of members; but there is no
article to exclude the Marshal from
seat in the Legislature.
Minister Gibson was satisfied that
the Interpretation of the Constitu-
ton gwen by the Attorney-G General
was the correct one, and commended
itself to common-sense. In the
United States executive men, men
of power, men of action, were pre-
ferred as representatives of the peo-
pie. Thus they saw great many
generals of the army sent to Con-
gress. In reply to question by
Rep. Castle, he said he did not
mean to say that a general, while in
the pay of the Government, was
allowed q seat in Congress-that
General Grant when at the head of
the army was eligible to election as
a Senator-but he said that execu-
tive men had the preference in that
country when the people had to
choose representatives. A member
of the masonic or other fraternity
might have great power outside, but
within the lodge-room he was only
humble member without any dis
tinctive privilege over his fellows.
1t might be very difficult in this
small country to draw an exact line
of demarcation between the different
branches of government, but he
was satisfied that the under
lying principles of the Eng
lish system were preserved in
this kingdom. There was no fear
in his mind that any of the official
duties of the member for Hilo out
side would conflict with his duties
as representative of the people of
that district in this house. He con-
sidered there was no parallel be-
tween the case in question and that
of a lawyer taking fee on two
sides. If member took fee for
promoting Legislation in the house,
then there would be parallel case
to that supposed. The question, he
thought, had been sufficiently dis
cussed on both sides, and the reso-
luton ought now to be indefinitely
postponed.
Noble Bishop considered the argu-
ment of the Attorney General did
not touch the principle contended
for by the supporters of the resolu-
ton, which was perfectly sound
one. The Minister of Interiors 8
argument was beside the question,
for no general or executive officer
could hold seat in Congress with
out resigning his Office. AS the
Constitution, however, was not ex-
plicit, he was not prepared to vote
for the resolution.
Rep. Dole admitted that there
was hook in article 20 to hang an
argument on, and the Attorney
General had availed himself of it.
If this article was only intended to
exclude judges of courts Of record,
because those were specified, then
there was nothing to prevent them
sending over to the Palace, and ask
ing His Majesty to come down and
assist them to legislate. The state
ment of the Minister of Interior
that the present system worked we'll,
and was in keeping with the Eng
lish and American systems, was
we'll enough as the Minister'S opin-
ion, but it was nothing else. Did
the Minister not know that no public
officer in the United States could be
elected to Congress? The exclusion
of judges of courts of record was
referred to as if the original inten-
ton was. to exclude them only. AS
matter of fact, that was only an
amendment introduced as an after
thought. Judges of the lower
courts and police officers were not
elected to this house till after the
reign of Kamehameha V. He had
no personal motives in this matter.
If it was his father, brother, or
grandfather, who held the office, he
should go for him. The Govern
ment had been trying to shut the
mouth of his friend the hon. member
for Lahaina (Kalua) with the offer
of high position, but if he accepted,
the speaker would 60 for him too.
Rep. Thurston moved that the
ayes and noes be called, which car
: ried, and the resolution was indefin
itely postponed on the following
division:-
Ayes-Gibson, Creighton, Kanoa
Dare, Bishop, Dominis, Cleghorn
Judd, Macfarlane, Hayselden, Keau
Baker, Kauhi, Amara, Brown, Kau
liza, Pahia, Kaunamano, Nahale, Ma
hinu, Kekoa, Aholo, Kaukau, Kaai
Kauai and Palohau-26.
: Noes-Bush, Wight, Kalua, Cas-
n tie, Dickey, Thurston and Dol
I y.
The committee rose and reported
9 and the report was adopted by th
house.
An act to amend section 101
: Civil Code, relating to licensed ferr
!; boats, was read third time an
passed.
o Rep. Aholo, at $3.50, moved til