The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-20

President Dole moved That, IN the
sixth line, the word "and'' be changed
TO @or"
Delegate AbIes moved to strike out
the words ''or being accessory thereto"
Carried.
The section as amended was referred
to the Legislative Committee.
Recommended by the Legislative
Committee:
ARTICLE 12.-EMINENT DOMAIN.
Private property may be taken for
public use, ant may be used by others
than the owners thereof for railways,
drains, fumes, water pipes and bitches
for agricultural, milling, mining, do
nestle or sanitary purposes; but only
upon due process Of law anu just COM
peusation.
Public use shall include such pur-
poses as shall be required or designa-
ted by treaty stipulatioDs between the
Republic or Hawaii and any other
nation.
Minister Smith moved to amend by
striking out the words "and may be
used" and substituting the words land
rights of ways may be obtained across
the lands"
Carried.
Councillor McCandless moved that
after the WORT "agriculturaP' the
word manufacturing" be inserted.
President Dole offered an amend
ment to Councillor McCandless'
by adding the words
electric Lighting, electric power, tele-
graphic and telephone
Minister Smith did not see where
the public benefit came in if private
crossed another mans land.
Council or Emmeluth said that he
was glad the Attorney General had at
last acknowledged that the few had
any rights that the many must re-
specr. He was against giving so many
rights To private parties or corpora
lions. He moved to refer to the Leg
slative Committee.
Lost.
Delegate Robertson moved to strike
out President Dole's amendment.
Carried.
Councillor McCandless' amendment
was carried.
Councillor Emmeluth moved to
strike out the second paragraph.
Lost.
Tue Article passed as amended.
Delegate Kalua moved to reconsider
.he vote taken on Article 10. referring
% denization It might be two years |
before treaties We're completed, AID it |
was not right to deny a vote to the |
citizens or subjects of these powers,
who might have letters of deniZation. |
He was ruled out of order.
Recommended by Legislative Com |
nittee:
ARTICLE 80. - EXISTING STATUTES
AND OFFENSES.
Section 2. Statutes heretofore en- |
acted, which are not inconsistent here |
With, which refer to the King, or the |
or the Kingdom, or TO |
he Provisional Government, shall be /
and refer to the President |
u to the Republic or Government of |
he Republic of Hawaii, as the case |
nay lie.
All acts which, by statute in force /
1t the time when this Constitution |
axes effect, have heretofore been de-
iaed as offenses against the King, or /
he Provisional Government, or other
wise, shall be deemed to be offenses |
lgainst the Republic or Government |
IF Hawaii, unless such statute shall |
De inconsistent herewith, or shall be |
repealed or changed by law.
Acts heretofore committed, which
we're prohibited by statutes existing
It the time such acts were com mitted
shall be punishable under said stat
ties, the same being construed as
above provided.
Minister Smith moved that the |
lbove section be adopted. Carried.
Section 4. All criminal and penal
arising or now depending
within the limits of the Hawaiian
Islands shall be prosecuted to final
Judgment and execution in the name
# the Republic of Hawaii; and all
auses of action arising to individuals
n corporations and all action at law
md suits at equity now pending in |
he several courts within the limits OF
he Hawaiian Islands not already |
Jared by law may be commenced or
arried on to final judgment and exc
ution in the corresponding courts of
he Republic.
The Republic of Hawaii" and all
shall be carried on in the
anne and by the authority of the Re-
ubIic of Hawaii.
Nothing in this Constitution con-
aimed shall be the basis or ground for
writ of error or habeas corpus or
or prohibition or quo war
anto nor an appeal In any pending
ldicial proceeding, and all process
eretofore issued or which may be
Isued prior to the FAY when this Con-
titutiou shall go into effect shall be
3 valid as if issued in the name of the
republic OF Hawaii, but such writs or
ppeals shall lie in respect of all judg-
lents, DEGREES, orders, or other pro-
ceilings heretofore made or had or
ending in the several courts of the
hawaiian Islands, in conformity with
De laws in force when such writs, de-
rees, orders or other proceedings were
lade or were pending.
Adopted as Section OF Article 80.
Minister Smith moved that Articles
J and So, action on which had been |
eferred, be taken up for considera-
ion. Carried.
HE HOUSE OF REPRESENTATIVES.
RTICLE 57-NUMBER OF REPRESEN-
TATIvES = REPRESENTATIVE DIS
TRI CTS.
The Hnuco IF |