The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-06-15
Legislative Assembly.
nth DAY-June 14th.

and took up the
ORDER OF THE DAY.
Second reading of the bill relat-
ing to pounds and estrays. The bill
was referred to a Special Com
mittee.
Second reading of a bill relating
to suits by or against the Hawaiian
Government.
The bill was read by its title.
Noble Smith moved to consider
the bill section by section. Carried.
Sections one and two were passed
as read. Section three was read.
Noble Smith said he could not see
why majority of the Judges of the
Supreme Court should have to de-
eide that the claim is fair subject
for judicial investigation. 1t was
getting the opinion of the Judges
before the trial takes place. He
thought that no such safe guards
should be thrown around the Gov
eminent, but that the individual
should have the same privileges as
the Government.
Minister Ashford stated that in
America no State can be sued by an
individual. Before the new Consti-
tuition a suit could not be brought
against this Government without the
consent of the Privy Council, but
this law contemplates that this
power shall be rested in the Supreme
Court. He thought that somebody
should decide whether or not suit
should be brought against the Gov
eminent. 1t was argued when this
bill was framed that this power
should be vested in the Cabinet, but
was abandoned,a s suit might arise
from some direlection of the
Cabinet, and they might refuse to
have suit entered against the Gov
eminent, as it might air some of
their actions, so they decided to place
this authority in the hands of the
Supreme Judges.
Noble Smith moved to indefinitely
postpone this section. He did not
believe in the sanctity of the Gov
eminent. Why should rot their
actions be exposed as well as indi-
viduals.
Noble Widemann said he did not
see why if the Government injured
him he could not bring suit against
it. He did not go so far as Noble
Smith and ask for indefinite post
ponement, but thought that one
Justice of the Supreme Court should
have the power.
Rep. Kinney said he did not think
that the power should be vested in q
majority of the Justices, but that
one should have the power. He did
not believe in granting such power
to Supreme Judges, but it could not
be trusted in the hands of the
Cabinet, and he thought that per-
haps one Justice might be delegated
to exercise that power. He favored
the amendment to make it one JUS
tice instead of majority.
Noble Smith accepted the amend
ment and withdrew his motion to
indefinitely postpone.
The section then passed as
amended.
Section four was read and passed
as in the bill.
Also sections 5, 6, Z, 8, were read
and passed as in the bill.
The title, and enactment clause
were read and passed. The bill
then passed to engrossment to bt
read third time on Tuesday next
Noble Young under the suspen
sion of the rules presented report
from the Military Committee, re
commencing certain amendments.
Noble Smith moved to again reiel
the bill to the Military Committee
Noble Young said that the bill
could he amended in the House bet
ter than in committee.
Noble Smiths motion was car
ried.
Second reading of bill relating
to rewards to Sheriffs, Constable
etc. Passed to engrossment to b'
read third time on Wedneday
next.
Second reading of bill relating tt
the security for costs. On motion
the bill was laid on the table to III
considered with the report from thu
committee appointed last session t.
investigate the Judiciary of thu
Kingdom.
Second reading of bill relating
to the taxation of costs. On motion
the bill took the same course as thu
preceding one.
Second reading of bill relating
to the regulation of the Bureau o
Public Instruction. On motion thu
bill was referred to the COMMITTEES
on Education.
Second reading of bill TO pro
mote the construction of steam
railway on the Island of Oahu.
Rep. G. Brown said he was il
favor of the bill with good man.
alterations, and moved that it b
referred to Select Committee.
Noble Smith supported the motion
and added that the President shall
be one of the committee. The mo
ton was carried.
The chair appointed the following