The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-08-26

Reps. r. w. Wilcox. Kauhi and Kau'
namano Noble Hoapili and Minister
Parker
STANDING COMMITTEES.
The Minister of the Interior an
nounced that it had pleased Her
Majesty to sign the following bills:
~ An Act TO create Hama, Makaweli
aud Waimea ports of entry. ~ An
Act to authorize the Minister of the
Interior to make a conveyance to the
Sailors Home Society. 81 To amend
Section l, Chapter 10, Laws OF 1890,
to increase the duty on coffee. a. An
Act respecting the advertisement OF
probate and other judicial proceed
ings. 81 An Act TO better define the
right to bail. t8) An Act to amend
Sections %, %, 81 and %, Chapter 81,
Laws of 1890, relating to Road Boards
and Road Supervisors.
Noble Neumann reported for the
Judiciary Committee on the Judiciary
Act. This Act was drafted by the
Judiciary Commission appointed by
the Legislature of 1887. The COM
mission consisted of Judges Dole and
Hartwell and the Hon. G. w. Ash
ford. The committee find the work
of the commission to have been so eX-
cellent that they have adopted it al
most in its entirety. They offer a
substitute for the section concerning
the clerks office, which will be pre-
sented when that part of the bill
comes up for consideration. Rep.
White tha rpnOrt pVppnt
that part which abolishes holding the
term at Lahaina.
The report was laid on the table
with the bill.
Noble J. NJ. Homer reported for
the majority of the Ways and Means
Committee on the resolution asking
for $4,000 for a European trip for
Princess Kaiulani. The majority of
the Committee recommend laying the
resolution on the table, as the finan-
cial situation of the country will not
permit the insertion of the item.
Signed J. M. Horner, j. Marsden,
G. o. Berger.
Laid on the table to await the
minority report.
Rep KaunamanO reported for the
Special Committee on the resolution
asking that subsidy be paid to in
duce steamer to stop at the kOhala
ports going to and coming from Kona.
The committee state that Ohe COM
panies are already making arrange.
ments to that effect, and recommend
the resolution be laid on the table.
Adopted.
AT 10:40 A. NJ. the House proceeded
to the
ORDER OF THE DAY.
The special order was the consider
alton of Bill 176, to re-organize the
Judiciary Department. The bill was
considered section by section.
Section passed.
Section passed with o verbal cor
rection to the Hawaiian version.
Section was read.
Noble Neumann moved TO add to the
Section the words 'nor shall he appear
as counsel in any criminal case"
Lawyers would recognize at once the
improperly of a judge whose duty is
to uphold the laws defending Grim
inal. Nor should he lend that side of
the ease the influence of his position.
Rep. Iosepa thought the argument
applied also to their practising in
civil cases. He favored prohibiting
them altogether.
adopt the suggestion and offered
therefore as q substitute amendment,
TO insert the words ''or magistrate"
after the words Circuit Court in line
|, and to strike out all of the section
after the words practise of law' in
line 2
Rep, Smith thought the amend
ment should be considered n little.
This provision would not even allow
them to do office work. Heretofore
Judges had frequently done probate
work, etc, which did not affect their
work in any way. The Circuit Judges
were paid enough to enable them to
confine themselves solely to the judi
cial work, but the District Judges
were not, and were allowed to add a
little to their living by practising in
the Circuit Courts, and to do work in
matters which did not affect their
own jurisdiction. He would move
the section pass as in the bill, with
the addition of the words at the end
cor in any criminal case"
Noble Neumann withdrew his
amendment.
Rep. Nawahi said he would adopt
it then as his. The judges appeared
as council in cases, trying very hard
to make wrong appear right, and thus
injure the practice of the other law
yers.
Rep. Kauhi said Noble Neumann
had performed the cutie fish act,
and SO he would withdraw his sup
port from him and give it to Nawahl
The amendment of Rep. Nawahi
was adopted and the section passed.
Section passed.
Section 5 was read.
Rep. Kauuamano asked for an eX
PLANTATION about the common law o.
England and the United States.
Noble Neumann said we were fol
lowing that law now, without the eX
press sanction of any statute. There
were two systems of law in Europe
the common law of England and the
civil law (based on the Roman) il
force generally on the continent. II
the United States the common law O
England is in force everywhere eX
cept in Louisiana where the civil law
was imported from France. The
speaker read the section of the law OF
our books authorizing the following
of foreign presidents. This left thing:
at loose ends. The Legislature should
make the laws, not the Court. HI
would point out that this section die
not interfere with Hawaiian custom
airy law.
Rep. Kamauoha opposed the sec
ton.
Rep. Kamauoha moved to strike on
the words.
Noble Neumann said the PROPOSED
amendment would strike out tn,