The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1886-07-27

bound by such opinion if in case before
the Court the question should be raised.
In the language of section S24 of the
Civil Code, the Supreme Court shall have
the power to declare null and void any
law which may upon mature deliberation,
appear contrary to the Constitution"
= x
The law herein proposed would gravely
affect the rights of property. and even the
personal liberty of a great number of the
residents of the Kingdom. 1t seems to
us that it presents strong illustration of
the Supreme Courts binding itself by an
opinion given to the Legislature on pro-
posed bill.
But as showing that we have not been
inclined to avoid consideration of the
matter submitted, we beg leave, while the
bill IS in our hands, to mention some things
we observe in it.
The title is an Act to tax Chinese resi-
dents and Chinese arriving in this King
dom o. for the support and maintenance
of INDECENT and infirm Chinese, and ~ for
the return to their homes of such Chinese
who may be permanently disabled from
working, and of Chinese vagrants;" but for
the second purpose Of the Act, the return
to their home of the disabled and the va
grants, we find no provision in the Act
itself
By article II of the Constitution, every
law shall embrace bat one object and that
shall be expressed in its title Here the
title expresses an object not embraced in
the Act, namely, the important power of
deporting people from this Kingdom.
Again, the title adds, to the class INDECENT
and infrm, described IN the first part of it,
In the second part another class, viz; Chi
nese vagrants. These are nowhere men
toned in the Act
Passing to the preamble, we venture to
express our disbelief in the statement that
large class of Chinese ''are becoming a
charge upon the public" in the sense in
which the phrase can be employed in a
statute. We do not believe they can be
shown to be a charge upon any public
fund. They do not burden the hospitals,
the leper settlement, nor any public insti--
tutions. In our prisons they are self-sup-
porting.
Passing to the Act itself, we find that
the receipts of assessment made by law,
and compulsory, are to be paid to a certain
Chinese society. The charter of that So
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 forced as
sessment, III violation of the terms of their
charter, under penalty of forfeiture if they
do not support their countrymen with it.
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 a
designated society on a special descrip-
ton of residents.
We will go so far as to say that the
gravest doubts arise as to such an Act be-
ing 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 ex
lie from the Kingdom such of their
countrymen as they considered INDECENT,
lntirm or vagrant.
We herewith return the following bill
and report of the committee
We have the honor to subscribe our
selves your very obedient servants.
A. T. JUDD,
L. McCULLY,
E. PRESTON.
After some little debate, during which
members expressed their dissatisfaction
at the seeming ambiguity of the answer,
the communication was laid on the table |
The Order of the Day now being moved |
and carried the Assembly resolved into
Committee of the Whole, Hon S. Cleg-
horn in the chair, and proceeded to take
up the consideration of items in the Ap-
preparation Bill, in the Attorney Generals |
Department.
The following items were passed as
printed:
CLERK clerk 81 Sheriff rigs Of Maui Maui SS00
Clerk Sheriff of Kauai. Observation-Disclosures. 500
fRcidenas. Incident Grimina and Civil Expenses: 1850 @
Messenger and Copyist. 1900
On motion the report of the committee
on items of salaries of '' Assistant store
keeper; Third Statistical Clerk, and
Keeper of Steamer Warehouse" was taken
up and after short argument the two
first mentioned were carried, and the last
item struck out, as follows:
Salary of Assistant Storekeeper.. S2.403
Salary OF Third Statistical CLERK 24O0
Representative Paehaole now moved
to insert an item:
Subsidy for Steamer to run regularly
between Honolulu and Pukoo ,Lahaina
and Lanai, also touching at Halawa,
Peekunu, and Kaaupapa Mofokai. $500
but after short debate Withdrew the mo
ton for the purpose of having the item
introduced under the head of depart
ment of the Interior"