The Hawaiian gazette., 1886-09-28

IL
"Your special committee, to whom was referred
an Act to amend section 3 chapter 64, of the Act,
approved on the 25th day of September, AID. 1876,
relating to labor contracts between masters and
servants, introduced by Rep. Palohau, have had
the same under consideration, and now offer for
the consideration of the Assembly a substitute bill
and recommend that the former be laid on the
table, Adopted substitute bill read by title and
ordered TO engrossment. Third reading set for
the 25th inst.
The order of the day now being moved and car
ried the bill to amend section $50 of the Civil Code
as amended by the Act approved on the 22d day of
June, AID. 1868, relating to the number of Repre-
sentatIves came up for consideration.
Delay ensued on account of the reports of the
committee having been mislaid, and, during the
time, the bill to amend section g. chapter Sc of the
Penal Code, relating to Inspectors of elections;
appointing agents, was considered.
Representative Thurston said this bill was
step backwards in the history of legislation
lating to elections and he was sorry to see 1t sup
ported by influential members of the House. The
last election had exceeded all others by far in
ruption. 1t was owing to the present machinery
running the elections. 1t was outrageous for men
running as candidates to appoint the inspectors
of elections. What would be thought of law
that would permit one of the parties in law suit
the selection of the jury, and compel the other
party to abide by the decision of such jury At
the election at which he was elected, these abuses
were very conspicuous. The Judge was Kupihea.
The Tax Assessor was Kupihea. The Tax Col
lector was Nakaleka. Kupihea and Nakaleka
were both candidates for election. Kupihea ap-
pointed as his substitutes the the deputy judge
and an active runner, and Nakaleka appointed his
clerk. One member of the Board attended to
putting the ballots IN the ballots in the box one
kept two lists of the voters, showing who they
voted for, and the third had charge of a deck of
cards cut into quarters and numbered from one
upwards Each voter who voted the Government
ticket received one of these checks, which, upon
presentation at house across the way, served the
double purpose of showing how the ballot was
going, and entitled the holder to be filled up with
pig and poi. He hoped all would take the stand
for better election law. If they change this law
and make the English agree with the Hawaiian,
it would simply ratify the kind of elections held in
the past, and would result in revolution or seri-
Gus disturbances. If people cannot have TN
biased Boards it will lead to disturbance, there
fore he favored disinterested inspectors of cleo
tions.
Tho Attorney General said that in signing
the report he did not think he had committed a
crime. In recent decision of the Supreme Court
in the case of the King VS.. E. Kekoa, much stress
was laid upon the meaning of the word absence
Upon examination of the law it was found the
word absence was not the Hawaiian version.
The question before the House is whether the
law shall be amended to make the English version
agree with the Hawaiian. He had talked with
men we'll versed in the election laws, and they
were decidedly III favor of having the English
version amended. he did not think that Rep
Thurston, while he might be honest in his ideas,
was justified in painting the matter as dark as he
had done. In answer to a question the Attorney
General said that he did not think that any mem
Der OF the Boards when standing as candidate
for election would appoint substitutes so as 10
allow of their acting as agents.
Representative Thurston said it was apparent
that the Attorney General had signed the export
without knowing much about the matter. He
would say that there are twenty eight election
districts and this kind of thing occurred in
twenty-six. He felt that the Attorney General
was assisting the bill through Ignorance not evil
design
Vote now being reached, the ayes and nays on
the passage of the BILL to engrossment were taken,
resulting as follows:
Ayes-Ministers az, Kuihelani, Hayselden,
keau, Baker Kaulia, Kaulukou, Pahia, Kauna-
mano, Nahale, Nahinu, Aholo, Kaukau, Richard
son, Kaai, Kauai-19.
Noes-Bishop, Cleghorn, Martin, Parker, Kauhi,
Amara, Brown, Wight, Dickey, Thurston, Pae
haole, Palohau-12.
The bill to amend section 78O of the Civil Code
to the apportionment of Representatives from the
various districts was now taken up and after the
reports of committee had been read, the first
section was taken up for consideration.
Representative Hayseiden moved that the section
be indefinitely postponed.
Representative Dickey said that he introduced
the resolution on which this law was based, be-
cause he considered that a continuation of the
present condition of things was a standing de-
tiance of the Constitution. He could not imagine
how the members of the last three sessions of the
Legislature could have found it consistent with |
their oaths to keep silence on this subject. Arti
Gle 60 of the Constitution declares plainly that the
representatives of the people shall be based upon
the principles of equality, and shall be regulated
and apportioned by the Legislature according to
the population, to be ascertained from time to |
time by the official census Their oaths compel !
them to support the Constitution, therefore 1t is |
their duty to pass law regulating the representa-
ton, the reports of the committee have shown |
plainly that it is now very unequal. He believed |
the majority report to cover the ground fully and
to be as near perfect plan for equal representa-
tion as can be made. He therefore supported it.
T0 n n ms nbar
from each election district instead of electing
member of representatives IN lump by one
ticket he thought the idea was good one. In
large districts the different parts had very different
interests, which should be represented by their
number III the Legislature. For instance, In
the outer portlonS-such as Waikiki
and Palama-have planting interests, and
Moanalua has large fishing rights to be looked
after. The main center has commercial and
interests One portion is we'll sup
piled with water, another partly supplied. 1t is
plainly to be that all of these conflicting lnte
rests cannot be properly represented by a number
Of persons who may reside in the same part of the
district Each public interest of Importance should
be represented by member elected by those lnte
rested III order that it might be properly protected
IN the Legislature. The Nalluku district Is some
thing like Honolulu, but i'll less degree; the
northern end is well filled with sugar plantations
and those interested therein. The southern end
s a stock grazing section. Makawao district Is
similarly divided Ill interests; the western end be-
ng occupied by the important sugar plantations
IF Huelo and Hamakuapoko; the Makawao and
hula end being composed mostly of stock ranches,
potato and corn farms. He thought the plan of
tvidlng large districts into election precincts, as
provided by the law, was good one, and one that
would best secure the protection of the interests of
III classes, and would be great convenience to
'oters as the voting places would be more hume
ous. 10 indefinitely postpone the section would
)e contrary to the oaths of the members.
The Minister of the IRterior said ii had been
ruy said that the letter killeth, but the spirit
naketh alive" The spirit of the Constitution was
hat there should be a proportion. the recon-
nendation of the committee based on the
etter of the Constitution, but it did not show tnat
t was consistent with the spirit. He was satisfied
he trainers of the Constitution had no idea there
would be such large and increasing foreign non
.ntino nnnnlatinn. Ihev never eZnacled the tens