The Hawaiian gazette., 1894-06-05

the compost ION anu QUALIFICATIONS
thereof, the right of trial 10y jury in
a ! cases in which il has been hereto
fore used, shall remain inviolable for
ever, except in actions for debt or
assumpsit in which the amount
claimed does not exceed one hundred
dollars, and such offrnses less than
felOnies as may be designated 10y law.
And provided that no capital case
shall be tried by a jury of less than
| twelve men.
The jury NAV be waived by defend.
ants in all criminal cases except CAPT
tai.
Minister Smith moved to strike ont
the word forever in line %,
as it was superfluOus.
Delegate Robertson moved TO insert
in line 81, before the word CRIMINAL
the words "civil and" as it might be
construed against the right of jury
waiver in civil cases.
Minister Hatch said the same result
could he reached by striking out the
word criminal
Councillor Brown moved to amend
so that it read, 1.-The jury may be
waived in all civil cases, and by de-
PENDANT in all criminal cases except
capital
Delegate Robertson moved to
amer d by adding, after the wo
criminal" in line 81, the words,
"under such conditions as may he
prescribed 10y law" as the jury could
not be waived except by the consent
of both parties. The same member
substituted an amendment, making
the clause read: 1.-THE jury may be
waived in all civil cases, under such
conditions as may be prescribed by
law, aud by defendant III all criminal
casrs except capital.
This amendment was adopted.
Minister Smith drew attention to
the fact that this article did not change
the jury system, hut merely permitted
its being changed by law.
The section as amended was passed.
ARTICLE PREVIOUS CONVICTION OR
ACQUITTAL.
Except as herein provided, no per.
son shall he required to answer for any
offtnse identical both in law aud fact
with an Offrnse of which he has b, ell
duly convicted or of which he has
been duly acquitted.
Delegate Carter mo, cd to add in
line 5 the words, Nothing he rein
provided shall deprive the people of
the right tn exceptions or appeal
Mr. Smith suggested the substitu-
ton Of the word Government" and
supported the amendment. There
was no reason why society should
have DO remedy in cases where there
had been a plain miscarriage of jus
tice.
Councillor Brown said this was so
radical change that it was proper to
90 slow. In Great Britain some
change had been made, but he did not
feel sure that the State had been
given the absolute right of appeal. he
did not see the necessity of making so
| direct an innovation. He also did not
see the use of the words, Except as
herein provided"
Minister Damon did not see the JUS
tice in allowing the Government to
keep man in prison for an indefinite
period, when it bad failed to carry its
point. 1t should prepare Its case in
such manner that Justice would not
miscarry.
The amendment was lost.
out the words, except as herein pro.
vided." Carried, and the article thus
amended passed.
ARTICLE S.-PRIVILEGE OF ACCUSED,
No person shall be compelled, in
any criminal case, to be a witness for
himself nor be deprived of life, liberty
or property without due process of
law.
Minister Smith moved to substitute
in line the word against" for the
word "for."
Carried and the amended article
passed.
ARTICLE 9.-sLAvERY.
Involuntary servitude, except for
crime, is forever prohibited in this
Republic. Whenever a slave shall
enter the territory of this Republic he
shall be free.
Passed.
ARTICLE INSECURITY FROM SEARCH
AND ARREST.
Every person has the right to be
secured from all unreasonable searches
anu seizures OF DIS person., MS mouse,
his papers and effects; and no war
rant shall issue, except on probable
cause, supported by oath or affirna-
ton, and describing the place to be
searched and the persons or things to
be seized.
Delegate Robertson moved TO strike
out the letter I'd" in the word
secured" in line =.
Carried and the amended section
passed.
RIGHTS OF PROPERTY.
ARTICLE 11.-TAXING AND APPRo-
PRIATING POWER.
Section l. No subsidy, duty or tax
of any description shall Oe established
or levied without the consent of the
Legislature; nor shall any money he
drawn from the public treasury with
out such CONSENT, except in the man
ner directed by this Constitution.
Passed.
Section 2. Each member of society |
has the riyht IN he nrOfpcted i'm the |