The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-06-09
Legislative Assembly.
10TH DAr-June 9Th, 1888.
AFTERNOON SESSION.

of the Attorneys bill. Section 4
was then read.
Rep. +. Brown offered IN amend
ment "that all fees received under
this Act shall be paid into the Gov
eminent Treasury" He stated
that the purchase Of books should
be provided for in the Appropriation
bill.
Noble Hitchcock moved to amend
by striking out the word "and' in
the 9th line, and inserting the word
"or."
Rep. Browns amendment was
lost.
Noble Hitchcock's amendment
passed.
Minister Ashford stated that he
should oppose the bill as a whole, as
he considered that it invaded the
sanctity of contracts. The Govern
ment has made contracts with GER
tain people for which they have paid
fee, TO practice law in this king
dom, and this law does away with
these contracts and therefore to his
mind is illegal. The Section passed
as amended.
Section was then read, which is,
"This Act shall take effect and be-
come law on the 1st day of January,
1885,"
Rep. F. Brown moved to indefin-
itely postpone this Section. He
said that the lawyers of this House
last Session led the House, and they
were trying to do the same this Ses-
sion. This will cause trouble in the
future. This rushing bills through
the House without considering
whether they will stand or not is de-
trimental TO the interests Of the pub
lie. He said that lie had remarked
that all the lawyers IN the House
last session were doing this. He
would make one exception, and that
was the member from Koolauloa,
but he was sorry to see that he had
Topped over to their side this ses-
sion. He said we should consider
the remarks of the Attorney-General
on this bill before passing it. He
is supposed to know as much about
law as any member in this House,
and he pronounces this bill uncon-
stitutional.
| Motion to indefinitely postpone
was lost, and the Section passed as
read.
The title was then read and passed.
Noble Smith moved to amend the
wording of Section before the en-
acting clause was passed, so as to
read. "every person" instead of
"persons. The amendment was
carried and the section passed as
amended.
The enacting clause was then read
and passed.
The Attorney-General moved to
refer the bill to the Judiciary Com
mittee, as he considered it uncon-
stitutional, lasmuch as it interfered
with contracts now in force between
the Government and certain persons.
He cited his own case. He said he
held licence to practice in all the
Courts of this Kingdom for any
length of time that he may wish tc
do so, as long as he complies with
the requirements of that licence, and
for which lie paid certain stipulat-
ed fee. He also said that that con
tract constituted property, fol
which he paid compensation. Now
what is this but taking away prop
erty from private individuals, and
such an invasion of private rights il
unconstitutional. Speaking as {
private citizen, and not as an Officer
of the Government, he said ht
would not pay this fee until the Su
preme Court decides that the law
is constitutional. He also said i
would be well to refer the bill t
this committee of five, who are law
yers, and were certainly imbuet
with as much wisdom as the intro
Queer of the bill. If it is unconsti
. tutional let us avoid passing it.
Considerable discussion ensued a
to the proper course to pursue witt
this bill. The President stated tina
he was in a dilemma. The bill ha,
been passed section by section, an,
the only motion in order was to pas
! to engrossment or refer to Com
mittee.
Noble Castle said he did not con
slider this bill unconstitutional an
was willing to submit it to the ST.
. preme Court for their decision.
Passed to engrossment to be rea
7 third time on Tuesday.
! Second reading of bill to pre-
vide for the registration of copy
D rights. The bill was read by it
u title.
y On motion the bill was referre
! to the Judiciary Committee.
u Second reading of bill to amen
0 Art. SO OF the Constitution. Lai
o on the table subject to call.
Q Rep. Brown introduced the TO
4 lowing resolution: That the pay {
y the clerk and Interpreter be Sl2.C
y per day; that the Sergeant-at-Arn
be $500, and the messenger M
janitor he $500 per day. Referrs
to Committee on Accounts.
/ Minister Green replied to Hol
8 Townsend that the Governmel