The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-08-12


serving processes on delinquent taxpay
ers. Referred to Judiciary Committee.
COMMISSIONERS OF BOUNDARIES.
Mr. Castle presented the following reso
luton:
WHEREAS, The powers and authority 0
the Commissioners TO settle land bounda
ries will expire by Limitation on the 23C
day Of August instant, and whereas there
IS yet large amount of work 10 be done
/ by said Commissioners, and there is now
/ bill before this Assembly TO extend the
term of said Commissioners, which in the
ordinary course of business before the
/ House may not be reached before said
/ date; therefore
Resolved, that the bill, entitled An
/ Act to extend the term of the
/ Commission of Boundaries, =" now before
! the Legislative Assembly, be taken out OF
! its regular order and be placed at the mead
! Of all other orders for immediate consider
/ alton.
The resolution was adopted.
WATER PRIVILEGES.
His ExcelIency Mr.. Gibson said that in
answer to an inquiry by Mr.. Brown, he
had prepared list of free water rates, but
did not wish to present it until tomorrow
He had paid his water rate, and perhaps
there were others who would do SO before
tomorrow.
THE HON. F.. KEKOA's SEAT.
Mr.. Brown presented the following reso-
luton:
WHEREAS, The Supreme Court OF the
Kingdom, sitting in banco, has decided adj
versely to the Hon. E. Kekoa, now sitting
in this House as a member from the dis
trict of Puma, island of Hawaii, in the case
Of Rex. VS.. Z. Kekoa and another; and,
whereas, a petition from the electors and
taxpayers of the said district of Puma has
been presented to this House, as by law
prescribed, praying that the seat of said Z.
KekOa be declared vacant; and, whereas,
from the decision of the Supreme Court
based upon the testimony given in the trial
of said case by the said E. Kekoa, in his
own behalf, it appears that the law relat-
ing to the duties of Inspectors of Election
(the said Z. Kekoa being one) had been ig-
nOred and not complied or conformed to
by said T.. KekOa, and the election held, by
which election said +. Kekoa pretended to
be returned to this House as a member
thereof, being, therefore, illegal; now,
therefore, be it
Resolved, That the election of said E.
Kekoa be declared by this House null and
void, and the seat of said E. KeSoa vacant,
and that the Secretary be ordered to notify
the Inspectors of Election for said district
of Puma to proceed and order and hold
new election in said district.
Mr.. Brown did not think the House was
ready to consider the resolution to-day, SO |
moved that it be considered in Committee |
of the Whole on Thursday.
Mr.. Palohau moved that the resolution
be laid upon the table. There was petit I
tition from Puma from the taxpayers
which had been referred to the Judiciary /
Committee There was a meeting of the /
committee appointed and Mr.. Kekoa was
to bring witnesses, but he had not done
so.
Mr. Brown said that was just the reasOn1
why the resolution had been brought in.
1t was disgrace TO have this man sitting !
in the House with decision against him |
by the highest judicial power. |
His ExcelIency Mr.. Creighton asked |
whether it was a decision by the Intern
mediary or the Supreme Court.
Mr.. Brown said it was law. The Supreme
Court in banco had sustained the Lower
Court
Mr.. Kaulukou supported the motion to
lay upon the table. The House ought to
hear the evidence in the case and decide on
that. Anything that the Supreme Court
had decided upon ought not to influence /
the House.
Mr.. Kalua was in favor of the resolution.
1t was not pleasant for him to see sitting
in this House a man who had no right
here. He had read the opinion of the Su-
preme Court, and was satisfied that Mr..
Kekoa had no right in the House. On his
own version of the case, he had been found
guilty If he was in Mr.. Kekoa's position
he would resign, but he supposed that
honorable member was of a different
opinion.
Mr. Kaulukou said why he favored the
motion to lay upon the table was because
it was contrary to rule Al, which says:
when a motion has been once made, and
carried in the affirmative or negative. it
shall not be in order for any member who
voted in the minority to move for a recon-
sideration thereof" A similar resolution
to this one was presented earlier in the
session, and was indefinitely postponed,
therefore this cannot be entertained.
Mr.. Thurston said the proper thing to
be done for the preservation of the dignity
and honor of the House to take this F..
matter up at once. If Mr.. Kekoa holds his |
seat honestly, let the House say so; if dis
honestly, then he should go. 1t was no
use referring it to the Judiciary Commit !
tee, as they are trying to smother the mat !
ter. Mr.. Kekoa was sitting here by fraud /
ulent means, and he (the speaker) wanted .
his name to go on the record as opposed /
to it.
Mr.. Brown asked the President to rule !.
on the motion made by Mr.. Kaulukou.
The President ruled that on the motion /
made by Mr. Kaulukou the resolution was
in order.
Mr.. KauIukou then said he would object /
to the resolution through rule 40, which !.
says that when a question is indefinitely /.
postponed the same shall not be acted /
upon during the session"
Mr.. Dole said that the original resolu- I
ton on this question was indefinitely post /