The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-07-28

chair. Absent: Ministers Austin, Thurs
ton, Ashford; Mobiles Wilder, Robinson
Dowsett, Jaeger, Smith, Wight, Wall
Hitchcock, Baldwin, Bailey, Richardson
Campbell, Widemann, Makee, Bertelmann,
Dole; Reps. Hustace, Kalaukoa, Naone
Kauhi, c. Brown, Kamai, Kinney, Ma
guire, Kauhane, Paris, Nawahine, Naka-
leka, Kapaehaole. Minutes read and con
firmed.
REPORTS OF COMMITTEES.
Rep. G.. Brown read the report of the
Judiciary Committee on the petition, pre-
scented Odd inst, that when one of mar
ried pair is segregated on account of lep-
rosy, the other may marry again without
being obliged to go through the formality
of divorce. Committee do not think it
would be wise to enact such a law and
recommend that the petition be laid on
the table. Adopted.
The same member read the following,
relating to passports:
To the Hon. w. Il. Castle, President of the
Legislative Assembly, 1888.
The Judiciary Committee to whom was
referred bill No. 80, being an Act to repeal
Article 25 of the Civil Code as amended by
subsequent enactments, and relating to
passports. beg leave to report that they
have had said bill under consideration, and
can not recommend the passage of the
same by this House.
The Act III question does not operate as
hardship to any particular person or
class of persons excepting those with dis
honest purposes, but III many cases is a
protection to the merchants and traders Of
these islands, and in no single instance can
1t be claimed that the system has been
used for any other purpose than to pre-
vent persons from leaving the country
without paying their just debts.
Again, it may be said as an argument
against the I iSSpOrt system, that it fosters
and encourages the credit system, but this
committee think that passport or no pass
port will make little or no difference IN the
system of credits now in vogue amongst
the merchants of this city
The desire of every merchant or trader
to sell and dispose of all gOOdS that he can
in the course of his business and the COM
petition OF business, make this Committee
think that the passport system has moth
ing whatever to do with the reckless giving
of credit to every body, be he clerk, pro-
prletOr, stranger or kamaaina, now in
vogue in this city. The merchants and
traders pay taxes to this Government and
are entitled to some consideration and pro-
lection, especially taking into cOnsidera-
ton the number of strangers and the easy
methods or means of leaving the Kingdom.
The Committee therefore recommend that
the bill be laid on the table.
Dated Honolulu, July 27, 1888.
CECIL Brown
concur in the above report for the fol-
lowing reasons: L believe the passport
system liable to abuses, but think such
abuses can in the main be prevented by an
amendment of the present law, while on
the other hand a total repeal of the law
would in my opinion result in giving undue
opportunity to debtors and Others liable to
the law to avoid their just liabilities.
Neither extreme is to be desired. 1t is
said that one can prevent q debtor from
leaving the country by instituting suit be-
fore the courts. This is undoubtedly an
ample remedy except in the case of dis
honest debtor who deliberately plans to
leave without notice or warning. In such
cases the speedy method of stopping the
passport without having to retain counsel,
draw papers, hunt up the Court, etc, is
often necessary to prevent injustice. 1t is
understood that as the law now stands
unless a protest is followed up by suit
within ten days the protest lapses and the
same claim can never again be used as the
basis of another protest. 1t might be we'll
to put limitation upon the time in which
an unpaid bill could be used as a basis OF
mend total abolition of the law. The
Government needs all it's revenue and
more to pay running expenses let alone
permanent improvements.
heSpecIIuuy submitted,
w. A. KINNEY.
1 concur III the recommendation to Law
the bill on the table, and agree with the
substance of the reasoning presented
above by G. Brown, the chairman of the
Committee.
W.O SMITH.
Laid on the table to be considered with
the bill.
The same member read the report of the
i a
of John Bowler, presented 9Th inst, for
payment of two claims, 81 900 and 81 800,
the first for work on the Pal
ace walls and gates, and the second for
and plant in the Palace enclosure; CD of
r. More d Co., presented 9th inst, for
payment of bill of $433 o. work OH the
Palace wall gates.
Committee found questions of law and
fact involved in these claims, and did not
think the House called upon to adjudicate
thereon. Recommend that items be in
serted in the Appropriation bill to satisfy
any judgment the parties may recover in
the Courts.
Minister Ashford said the adoption of
the report might prejudice the case of the |
in the event of its being put
before jury. The matters should pass to |
a judgment first, and, if necessary, appro-
priatiOns could be made afterwards.
Rep. +. Brown askedit the ATTORNEY Gen
Ci dl IucduG IIldG IL WAS The policy OF the |
Government to get work done, and let the |
parties take their chances of suits against !
the Government for their pay
Minister Thurston said the question is if |
the House is going to allow Cabinet Min |
listers to incur obligations, at their own |
sweet will, to bind the House in the paw |
ment of the same.
Rep. Kinney asked the Minister if he |
thought the claims of Bowler illegal.
The Minister answered that be did.
Rep. Kinney-Then why are you afraid /
to go into Court with it?
Minister Thurston-You never know |
where you are when you get into Court, !
that is, with the jury. No one ought to |
know that better than the hon member |
for Hamakua.
Noble Widemann said he presumed the |
committee knew what they were recon-
mending and the reasons for it. They had |
gone into the case, and as he knew nothing
about it, he would support them.
Noble Smith said the committee had in