The Hawaiian gazette., 1888-07-17
Afternoon.
Recess from 1922 to 1870.

BILL AWAITING APPROVAL.
Minister Austin reported bill presented
to His Majesty for approval.
ORDER OF THE DAY.
Explosives-S-c ond reading OF the bill
to amend the Act relative to the use of ex-
pIosiyes in taking fish. with the majority
report of the Judiciary Committee, pre-
sented July 9Th, and the minority report,
presented July 7th; also. the substitute
bill submitted by the minority.
Rep. c. Brown moved the original bill
be laid on the table and the substitute bill
be taken up aud considered. Carried.
The provisions of the bill are:
Section |. That Section of an Act en-
titled An Act to prevent the use of explo-
siYe substances in taking fish, approved
hereby amended by adding to said Section
the following words: :" The possession Of
fish killed by giant powder or other explo-
siye substance shall be prima facie proof
that the person in whose possession such
fish were found used giant powder. or some
other explosive substance, in taking nsh
contrary to the provisions OF this Act"
Section 2. That Section Of said Act be
and the same is hereby amended so as to
provisions of this Act shall be punished by
a fine not exceeding two hundred dollars,
and not less than fifty dollars, or by inn
prisonment at hard labor not exceeding
one year, OF both, in the discretion of the
Court"
Minister Thurston moved the bill pass.
Rep. F. Brown did not like It. He
moved it be tabled.
Rep. Kinney approved of it. The de-
of the 6shRrIRa he
checked
Noble Hitchcock would like TO know who
are going to hold the corOner's inquests OH
these fish. II he is arrested for fish pur-
chased, while the inquest and trial are 60
ing on the fish will spoil, then who is gong
to pay the damageR There are no experts
about the islands to decide how dead ish
are killed. He wanted to know If people
are going 10 have the police peering into
their cookhOuses2
Noble Wight thought members were
taking extreme views Of the matter. The
bill will aid in making existing laws effect
i've. It will only be necessary for buyers
to protect themselves, to identify the per-
sons from whom they buy. The use of
explosives in fishing Is too common, and is
destructive 10 the fisheries.
Minister Thurston was surprised at
Noble Hitchcock ridiculing the bill. Giant
powder destroys all fish within large area
about where it Is used. The fisheries are
Deing destroyed and no attempt made to
save them from destruction.
Noble Townsend wanted to know what
primo facIe evidence is II it requires no
more than personal denial Of an ofense,
it is not strong enough; il it requires one
10 prove his own innocence OF otherwise be
adjudged guilty, II IS too strong.
SobIe Luhiau said there Is no trouble in
identifying dsh killed by explosives and
those killed by lawful methodist Persons,
nov members OF the House. we're the first
70 introduce giant powder in i1shing NJ
Kohala He was in favor OF tue bill. He
believed some members would rather get
cheap fish themselves than have the de-
struction Of the fisheries stopped.
Noble smith moved an amendment. 'the
possession by q fisherman" etc, and
that the person" read that the fisher
man." The principle Of making person
guilty until he has proved his innocence is
simply outrageous.
Minister Ashford cited the law relating
70 the carrying Of guns, which has simi-
lar provision.
would have any effect for the purposes
contemplated.
ReD. Kinney moved that person" be
changed 70 person in the habit Of fish
ing.n but subsequently Withdrew t.
noble Young said this Is fshy subject
but tits an fmportantone- II Rep. Kinney
had z wife and children, and on reaching
home some evening. should be told
by one 81 the little ones that 50 ma had
gone 70 the Court % swear that she did
not Kill fish BY giant powder" he would
not ike il. He was in favor Of protecting
the fisheries. and would move an amend
ment, 70 read "the possession u fish in
the hands Of fishermen. fish vendors or
persons known TO be in the habit Of fishing
Tor their own use" instead Of the words
.sthe possession Of fsh killed." etc
Noble Smith said that amendment would
mean that Il was the peTsOns, not the hsh,
that we're Killed.
Rep. r. BToWH here moved the Dill and
all the amendments BE tabled. Lost. 10 70
%.
Noble Hitchcock novel an amendment,
providing that 10 dealer be allowed 70 sell
giant powder n quantities less than Two
pounds, and that the vendors q the ~