The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-07-20

express our disbelief In the statement hat
large class of Chinese ARE becomiS q
charge upon the public, in the sensEin
which the phrase can be employed i a
statute. We DO not sbelieve they came /
shown 10 be Il charge on any public rus. (
They do not burden the hospitals t. /
Leper Settlement, nor any public instit /
tions. In our prisons they are self-sulI
porting.
The preamble in the third clause declare
that 1t is expedient in view of their sociai
and industrial relations that the afore-
mentioned class OF Chinese should be cared
for and maintained by residents and other
persons of their own race. Says Dwarris
in the Interpretation OF statutes: The pre-
amble is entitled to great consideration.
1t Is that Introductory statement to which
both reason and authority point for ascer-
tanning the intention of the enactment"
We submit that the phrase especially. in
view of their social and industrial rela-
tons, is a vague generality to which the
Courts could give no definite meaning.
Passing to the Act itself, we find that the
receipts of assessment made by law, and
compulsory, are To be paid to u certain
ciety, it is known TO US, inhibits them from
making or receiving Involuntary assess
ments upon their countrymen. BY this
Act they are bound to receive i forced
assessment, in violation OF the terms of
their charter, under penalty of forfeiture
if they do not support their countrymen
with it.
Section provides for Il sworn report of
the expenditure, as we'll as of the amount
which he has received from the Govern
ment, but there is no provision for posi-
BILE surplus
The penalty for refusal or neglect TO pay
this tax is a fine, which may be ten dollars
and imprisonment up TO twenty days.
This is u great penalty for default of one
dollar, and is not consistent with the pen
aties for the default OF other taxes.
The purpose of the Act would seem TO
be a special poor rate imposed on one class
of residents and passengers arriving in the
Kingdom. and to be expended by desig-
mated society on a special description of
residents.
We will go so far as to say that the gray
est doubts arise as to such an Act being
constitutional, and that this would
not fail to strike every mind if. this were
an Act imposing such a tax on English,
German or American residents and pas
sengers respectively, giving some relief
society the power to dispose of the same,
and apparently power to depOrt and exile
from the Kingdom such of their country
men as they considered INDECENT, infirm or
vagrant.
We herewith return the original bill and
report of the committee.
We have the honor to subscribe our
selves your very obedient servants,
A. F. JUDD,
L. MCCULLY,
z. PRESTON.
Mr.. Kalua moved that the communica-
ton be received and laid upon the table
and considered with the bill.
Mr. Pahia moved it be printed.
His Excellency Mr.. Dare thought it not
necessary to have the communication
printed.
Mr.. Dole said the main object was TO
have the opinion of the Supreme Court on
the constitutionality of the bill. They have
refused to give an opinion and there is no
particular importance in their answer. We
know no more now than we did before on
the particular point of the bill. He thought
the Judiciary by the Constitution was fully
authorized in giving the House prelimin-
airy opinion on a bill which had not yet be-
come law. He thought it was not neces-
sary 10 have it printed.
Mr. Brown said he had heard the COM
munication read through and was no wiser
than he was before it was read.
Hon. Mr. Bishop said the question that
had been asked the Justices applied to the
whole bill, and perhaps there was mis-
take in the way it had been submitted.
They have said enough in the communica-
ton to show that the bill would not be con-
stitutional. They were not to consider
taxing Chinese in any other way than
stated in the bill. He thought there was
no special advantage in having it printed.
The communication was received and
laid upon the table.
ORDER OF THE DAY.
Mr.. Kalua moved the order of the day.
Carried.
Consideration of the Appropriation bill
in Committee of the Whole. Hon. A. S.
Cleghorn in the chair.
DEPARTMENT OF ATTORNEY GENERAL.
Salary, Clerk Sheriff of Maui, $500.
Passed.
Salary. Clerk, Sheriff of Hawaii, 81 800
Passed.
Mr.. Palohau moved to insert salary,
Clerk, Sheriff of Kauai, $500. The item
passed.
Police of Oahu, 500
Mr.. Keau moved that this item and
the three following-Poli of Maui, Ha-
wall and Kauai-be deferred until after
the rest of the Committee on Police report.
Agreed to.
Coroner's inquests, $1,000. Passed.
Incidentals, criminal and civil expenses,
$4,000.
Hon. Mr.. Kapena would like the Attor-
ney General to give some account of This
item before it was passed.
Mr.. Brown moved it pass as in the bill.
Last session it was $12 900, but only $4,000
were spent. Among the extras the past
biennial period was 800 a month paid to
lawyers for work which the late Attorney
General should have done. After the as
surances from the present Attorney Gen
eral that this work should be attended to
by himself, he thought $4,000 would be
ample.