The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-08-16
Afternoon.

At 1926 the House took recess.
Afternoon.
Re-assembled at l 80 o'clock.
The Contempt bill continued.
Noble Smith was i'll favor of the bill.
The limitations of our present law apply
solely to the term of imprisonment and
the amount of the fine to which persons
convicted shall be sentenced. The law in
California has twelve enumerations setting
forth what acts shall constitute contempt.
Here it is left absolutely in the power of
the Court. This bill does not interfere in
the least with the inherent right OF the
Court to protect itself in regard to con-
tempt. This law says that it shall be
lawful for newspaper men, If they see mt,
to put it in the power of their readers to
read what everybody has right to hear in
the Courts of the Kingdom. 1t does not
in the remotest way interfere with the
power of the Court to punish tor actual
contempt. The Court here has tremen-
douS powers. This bill is OccasiOned by the
judges putting a wrong construction on
their power. There is only one step that
the Court could go further than it has gone,
to close up the newspapers altogether, as
they do in Russia.
Minister Austin said he supported the
bill heartily. He believed it a necessity
that the people of the country should have
some protection from an unlimited eXer-
else of power by the Court
Minister Ashford said he knew very well
that he had earned the luminosity of the
gentlemen of the press by the stand he took
on this bill, but he hoped they would have
the magnanimity not to snow him under.
Members should not be misled by Minister
Thurston's eloquent tongue that is tipped
with silver but stepped in gall. For him
SELF he took great consolation from the
fact that the Judges, preCedentS and au-
thOrities were all on his side. He could not
but admire the courage of Rep. Kinney
although it was courage without diScre-
ton. The hon. member reminded him of
Tam O'Shanter's wife Kate, as represented
by the poet Burns:
sitting at hame
Knitting her brows like gath ring storm
Nursing her wrath to keep it warm.
With regard to the decisions of the Court,
he would ask, have they gone beyond the
law? Have they oppressed anyone? Have
they wronged anyone? (Yes Yes Yes
from different parts of the House.)
An attorney, if this bill passes, may file
an absolutely false, malicious and SANDER
Gus declaration, which paper can publish
with impunity. In order to put some de-
gree of restraint or repression on the
press. he opposed the bill.
Rep. Kinney asked the special attention
opinion that this Act does not interfere
with the punishment of persons publishing
One-sided accounts OF proceedings or of
matter that is immoral. There is no ex
cuse in this country for such rulings as
those referred to. There is no danger of
juries being dangerously influenced by
what appears in newspapers. There is
lots of horse sense and common sense in
the average man. The New York booders
would never have been exposed if they
could have had an embargo put on the
press. Where is Sharp? Gone to glory,
and the newspapers sent him there.
Noble Townsend said the question is, are
we or are we not to have a free press? He
supported this bill
indefinite postponement was put and
lost on the following division:
Ayes-AshfOrd, Luhiau, NaOne, Kauhi,
G. Brown, Kamauoha, Daniels, Heleku-
nihi, Gay, Nakaleka, Paehaole-11.
Noes : Austin, Thurston, Robinson,
Young, Jaeger. Smith Waterhouse, Foster,
Wight, Motley, Wall, Townsend, Hitch
cock, Baldwin, Bailey, Makee, Dole, Hus-
tace, Kalaukoa, F. Brown, Deacon, Ka-
mai. Kinney, Mcguire, Paris, Nawahine,
HOrner, Kawainui, A. S. Wilcox, Rice
30.
Duties of Governors-Third reading of
the bill to provide for the performance of
duties heretofore pertaining to the office of
Governor. Passed on the following di-
VISION:
Ayes-Austin, Thurston, Ashford, Rob
inson, Young, Jaeger, Waterhouse, Foster,
Luhiau, Wight, Motley, Wall Townsend,
Hitchcock, Bertelmann, Bailey, Dole,
Hustace, Kalaukoa, Deacon, Kamai, Ma
guire, Kauhane, Paris, Nawahine, Hele-
kunihi, HOrner, KaWainui, A. S. Wilcox,
Rice-30.
Noes-Smith, Richardson, Makee, Ma
one, Kauhi, G. Brown, f. Brown, Daniels,
Gay, Nakaleka-1O.
RESOLUTION.
Minister Thurston moved that the Clerk
deliver the bill, passed July II, to abolish
the office OF Governor, to the Minister of
Foreign Affairs, for transmission to His
Majesty. Carried.
BILLS AWAITING APPROVAL.
Minister Austin reported four bills deliv-
cred to the King for signature.
REPORTS OF COMMITTEES.
Noble Smith read the report of the Judi
of the Judiciary Recon-
mend new bill providing that any va
cancy that may occur in the Court will not |
be filled so as to make the number of |
Judges more than three, and that the Judi |
ciary bill be postponed until next Legisla- |
ture. Adopted, and the new bill read a |
first time.
Rep. PaehaOle read a report of the Edu- |
cation Committee on the petition for new |
school houses at Puma. Recommend the |
peuCIOh De lalu on the table. adopted.
Coffee;-Second reading of the Cultiva-
ton of Coffee bill. Passed to engrossment |
to be read third time on Friday
Spirituous Liquors.--Second reading of |
the bill to better prevent illicit traffic in |
spirituOus liquors. Passed, with amend |
ments, to be read third time on
ACT APPROVED.
Minister Austin reported an Act signed |
by the King:
To give greater security to denOsitOrs in |
the Hawaiian Postal Savings Bank
Adjourned at 5 o'clock, to 10 O'Clock |
Thursday morning.