The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-09-04
THE LEGISLATIVE ASSEMBLY,.
seventy-eishth Day.
THURSDAY. Aug. 30.

presented, 18th. from Chinese merchants
and others for the repeal OF the Act passed
10th inst. Committee submit draft of
by which the question Of the
constitutlonslity of the Act may be re-
ferred TO the Supreme Court.
Minister Ashford thought this report g
remarkable exhibition OF child's play. 1t
him of the story OF the hunter
who, after hunting bear all day, had
come home without his game, was asked
If ne had lost the tran, and answered, no,
but the trail had become too fresh for him.
Some members had been hunting the books
OF account business until they have found
the trail getting too fresh for them. de
denied that the question OF constitution
alirv had really arisen, As that can only be
raised in the course Of judicial proceedings.
Minister Thurston was opposed to the
course proposed by the Committee. DE
thought the best way 10 test the constitu-
tionality Of the law Is to let II take Its regu-
lar course.
Noble Smith said the question had arisen
in the Judiciary Committee while consider
ing petition regularly submitted to them.
The wiser course would be TO have that
question settled before taking any further
steps,
Noble Widemann said if there was any
qualification in the matter, the House had
stuitifed itself in passing the law. He had
opposed the bill. in every stage. but now
that it has become law, he would vote
against repeating il, ana he did not think
il could be repealed this session.
Noble Young Said the law had been
passed Is 4 necessary enactment, and Tor
reasons which were considered good. he
had no desire 10 prosecute the Chinese. 1t
~ rr,-Ia Dg MANY OF
themselves. If deemed proper, II may De
repealed at next session. II Is now thelaw
Of the land.
Noble Smith moved the report OF the
Committee be adopted
Tie motion was lost on the following d.
Ayes-Snith. Luhiau, Hitchcock, Rich
srdson. Kauhi, c. Brown, hamai, Kama
uoha, Kawainui, NaksIeka, Paeh sole-1l-
Noes-Green, Thurston, Ashford, uder,
Robinson. Young, Warehouse, Wight,
G. y. Wilcox. Dole, Hustace, Dowsett, lr-,
Kslaukoa, Naone, Deacon, Mcguire, hau-
hane, Paris, Daniels, HelekunihI, Horner,
A. s. Wilcox, Rice, Gay-29.
Noble Smith read the report OF the COM
mittee appointed oath inst, on the rsmle
bill. Recommend certain amendments
and with them that the bill pass Laid on
the table to be considered with the bill;
Rep. Dowsett reported for the committee
to whom were referred, 9th inst, the petit
ton for the suppression OF the Chinese
Theatre. neal King street bridge. COm-
ulittee ind that the theatre was built by 8
company At : cost OF 81 800; the ground
rent paid 10 the government Is $50 per
month; licenses and taxes paid amount 10
81 900 per month. The representative OF
the company states that they cannot pos
sibly keep running If they are closed mp
before IL 80 D. m: that the gong and other
noisy instruments are part and parcel OF 3
Chinese orchestra; that their plays would
amount TO nothing without these accom-
psniments; that If the theatre i 3 NUS
snce, petitioners have their remedy st law.
Committee think that residents IN that
vicinity have cause OF complaint against
the noise and the blocking up OF the road
by Chinese hacks until late At night. No
complaint has been made 10 the Attorney
General or Marshal and the matter Is one
for judicial investigation. Recommend
therefore that the petition be laid on the
table
The report is signed J. l. Dowsett, ir.,
: Wilcox. ]. Mcguire, Henry Water
house, Alex Young. Adopted.
QUESTIONS TO NINIsTEE.
The Minister of the Interior in his an
swer Yesterday TO the questions by Rep.
Nsksleka on the 18th inst, stated that Mr..
FORSYTH had been in the employ OF the
Government. from August IL, 1887, to July
a 1873 At salary OF 500 per month.
That Mr.. FORSYTH did not draw, by mad
yertence. his salary from February 18th to
end of March. That the Government has
not given sny |. .. I. ; tor Mr.. Forsyth :
salary. but that Mr. Forsyth had rendered
several bills 70 the Government on the
basis above stated. up 10 and including the
3lst of July. which HIS Excelleucy had ap-
nroyed and told him they would be paid
upon the passage OF the appropriation oil!
out of sny available appropriation. With
many words His EXcellency further states
that Mr.. FORSYTH made certain propositions
and leaves 10 be inferred-as His Excel
Ie1ev does not state clearlv-that these
PROPOSITIONS were eventually accepted by
the Cabinet after they had considered q
number of times. According 70 the sooYe
statement there was due TO Mr.. FORSYTH
salary from August l3. 1857, 70 March 81,
lsss. : months and l. days, Sl,5l2. MI.
FORSYTH did not draw his salary from FEB
18th to March 3Ist, II months, s5uo
totsI. SIP. leaving a balance due him OF
$500. His ExcellencY does not state
whether these $500 have been paid 10 MI.
FORSYTH. or whether they are still due him.
I would therefore ask His Excellency 70
inform this House:
i Has the amount OF $500 been paid to
Mr. Forsyth or mott
lit has been paid, from what appro-
pristion has II been paid
3 Did His ExceIlency when he approved
these bills OF Mr.. Forsyth sign them as
Minister Of INTERIOR
Are these bills, if so approved, just
claim upon this Government
5. What difference Is there between oil
approved IN writing. sn acknowledged
claim. and an 1. O. L
s Has Minister the right under the law
10 paw such 3 claim as Mr. Forsyth has,
for which no provision has been made by
the Legislature. from any appropriation
msde for smother purpose
ORDER OF The DAY
Anti-Chinese bil-Second reading OF the
dill 10 insert an anti-Chiuese amendment
in rbe Cons tirutiOn, continued from yester-
dAv.
Reu. c. Brown SAID the proposed Constr
rurfonaI amendment Is not RESTRICTION
act n 4 meant 10 enable any future Leg
fsIstrre to eusct laws restricting the Chi
nese aIread4 IN the country IN the exercise
Of whatever rights and occupations they
NAV hsve established for themselves while
here. There Is no such law N any other
Rep. Paehaole said he had introduced
number OF amendments TO the ConstItu-
tor and was invariably told thst II vas
r1uyise 70 NEEDLE in any way with the
Constitution The Constitution has not
been fully tested vet, and he was not In