The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-08-17
PRIVILEGE.

One of the privileges of the legis-
lator is exemption from the operation
of the law of libel with respect TO
his utterances in the course of
debate before the house. The privi-
lege is proper one and when judi
ciously used, serves important pub
lie interests. The conduct of public
officials is by this privilege, legimate
matter for open discussion; and
when they are held up to criticism
whether it be just or unjust, they
must submit to the ordeal. 1t may
require all the fortitude Of
Spartan for public aficial to lie
still under the dissecting knife of
the privileged anatomist. One of
the qualifications with which a public
man is supposed to be endowed is
hide thick enough to endure a great
many disagreeable stabs from what
ever quarter they come.
The privilege above specified is
one, nevertheless, which cannot be
too carefully exercised. 1t is not
too safe in the hands of any ordinary
mortal; while with some. it is like
dynamite in the hands of children,
positively dangerous. No member
of Legislative body is justified in
using his power for the purpose of
detailing public scandals or of hurl-
ing offensive epithets at the head of
the incumbent of government
situation, for no other apparent
reason than that such missiles hap
pen to lie near at hand
In these days of free discussion,
no one stands on so firm footing of
independence that he can afford to
defy public opinion or attack the re-
putation of others with impunity.
Nor can member of the Legislative
Assembly think to escape the
penalty of retaliation in some form.
The victim of public attack to-day
may be the uncompromising cam
paigner of tomorrow, so that, free
as honorable members are from
the penalties of libel, they may be
subjected to the necessity of accept
ing repayment with interest in theil
own coin.
The foregoing remarks have beer
suggested by the debate of yester
day in the Legislative Assembl,
when the professional standing of
government physician at Lahaini
was the subject of remark. Repre-
sentative Kalua, who as genera
rule, is a we'll informed and judi
cious representative ''pitched into
the doctors reputation in styl
which could scarcely have bee
justified in court of law, althoug
the gentleman in question had bee
one of the worst charlatans in til
Hawaiian Islands. The small go;
sip detailed TO the scandal of til
physician, was, under any circun
stances, unworthy of u national rt
preventative and inconsistent wit
the dignity of the Assembly. Wha
ever professional ability or lack {
ability the doctor may possess,
not our purpose to discuss; bl
certain it is that if incapacity WI
the charge against him, the publ
jury, on the evidence presented
must AT least return verdict
''not proven. On no better grounC
than the silly jibes of ignoral
critics, the house was asked to pa
the appropriation for physician IL
the district in question with the pr
yiso that the allowance should N
apply to the present incumbent. \
one would deny the right of Il
house to insert such an amendmen
but it was surely too much to a
members to hold up their hands f
il with the clots of ruined reput
tion sticking to their fingers.