The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-10-08
THE LEGISLATURE.
103D DAY.
FRIDAY, Oct. Z, 1892.
Afternoon Session.

The Assembly reconvened from
recess at LAP o'clock and considera-
ton of the bill 057A) to restrict
Chinese immigration was proceeded
with.
Section 2. Relating to condition
al permits to immigrants on requests
of employers of labor, The section
was amended by Minister Neumann
and Noble Peterson and was then
passed.
Section 3. Relating to penalty to
masters of vessels for illegally land
ing of Chinese. Passed
Section 5. Minister of Foreign
Affairs to make regulations for iden-
LITIGATION of applicants for landing
permits. Passed.
Section 6. Fee of one dollar to be
paid for every above certificate.
Passed.
Section Z. Employer to register
name and occupation and all changes
of employment. Passed.
Section 8. Charge of % cents for
each registry; $50 fine for each fail
ure. Passed.
Section 8. Relating to laws af-
fected by this law; Section 10, law
to take effect on date of approval,
and title and enacting clause were
passed.
A motion was made that bill be
passed to engrossment and that the
third reading be deferred until after
the Constitutional amendments rela-
tive to immigration and the Regis
tration bill had been acted on.
Minister Neumann Cinterpolating
desired leave of absence. There had
been considerable said in the House
relative to the affairs of the Marshal
and he wished to look the matter
up; he would ask for leave of alb
sence for the afternoon and to-mor-
row. Granted.
Rep. Smith Speaking to the mo-
ton previously presented, relative to
the proposed disposition of the bill
just passed its second reading) said
that he considered that this bill
should be passed right along to its
third reading without waiting for
action on the constitutional amend
meht.
Noble Peterson said that before
this bill passed to it's third reading
it would be well to know the fate OF
the constitutional amendments.
There was division of opinion
amongst lawyers as to the constitu-
tionality of this Bill 157A. If this
act should become law and after
passing the House the Supreme
Court should say that it was uncon-
stitutional the country would be in
a pretty fix, as there would not then
be one law to affect immigration, as
this law repeats all the others.
Noble Marsden desired to know
what portion of the bill was regard
ed by Noble Peterson as unconstitu-
tional, was it in the last sections?
Noble Peterson said no, the first
section was the one spoken of.
Rep. Smith did not consider that
the first section was unconstitutional
or that it would be declared so. II
would expedite business to have this
bill passed to its third reading SC
that it could be engrossed while
they were discussing the other bills
He would like to know what the
point was in the section referred to
q Noble Peterson said it was that
portion relating to the conditionary
entrance.
Rep. Smith thought that the King
dom had perfect right to make
laws in that respect.
Noble Peterson said that not from
himself had he said that this law
was unconstitutional, but that there
was division of opinion with this
regard amongst the best lawyers il
the city. If the Chinese come il
they can stay without having to fill
the conditions imposed.
Noble Baldwin said that he con
sidered as long as the contracts were
made here and signed by the EN-
ployer that the laws could be en-
forced; it would be different if signed
in foreign country.
Noble Peterson said that he hat
heard one half of the lawyers in tn,
city say that the bill was unconstitu
tional sand the other half that i
was not. 1t is known fact tina
many laws have been passed in TIN
Legislature, but the Supreme Cour
, udu uecldTed lneIn ullcOuStlUullOnal
He personally wished that the bill
could be said to be constitutions
but the doubt existing he thought i
would be advisable to wait.
Rep. White conceded with tn
ideas of Noble Peterson; it was ad
visable to be cautious and wait a
there was Constitutional amend
ment to be disposed of first. w
want laws made to stand the test
not like those passed by the Legisla
ture of 1887, when the House wa
filled with lawyers, and lot of tn
laws were declared unconstitutiona
by the Supreme Court.
Rep. Smith desired to know froI
Noble Peterson what his actio
would be on this bill if the Consti
tutional amendment did not pass.
Noble Peterson said that he woul
then examine the bill carefully an
be prepared to give his opinion; a
it was he had not read the bill an
was not prepared to give his persona
l opinion; he had only repeated tn
opinions of other lawyers of exceller
9 ability.
: Rep. White asked Rep. Smith t
D commend Noble Peterson for tn
7 wise way in which he "looked befol
he leaped." CLaughter).