The Hawaiian gazette., 1894-06-22


t out President Dole's amendment.
Carried.
t Councillor McCandless' amendmen
; was carried.
Councillor Emmeluth moved Il
: strike out the second paragraph.
Lost.
The Article passed as amended.
Delegate Kalua moved to reconsider
. the vote taken on Article 10, referring
to denization 1t might be two years
before treaties were completed, ard ii
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
mittee:
ARTICLE 80. = EXISTING STATUTES
AND oFFENsEs.
Section .. Statutes heretofore en-
acted, which are not inconsistent here
| with, which refer to the King, or the
| Government or the Kingdom, or TO
the Provisional Government, shall be
construed and refer to the President
or to the Republic or Government of
the Republic of Hawaii, as the case
may be.
All acts which, by statute in force
at the time when this Constitution
takes effect, have heretofore been de
| fiaed az Offenses against the King, or
the Provisional Government, or other
wise, shall be deemed to be Offenses
against the Republic or Government
of Hawaii, unless such statute shall
be inconsistent herewith, or shall be
repealed or changed by law.
Acts heretofore committed, which
were prohibited by statutes existing
at the time such acts were committed
shall be punishable under said stat
utes, the same being construed as
above provided.
Minister Smith moved that the
above section be adopted. Carried.
Section 4. All criminal aud penal
proceedings arising or now depending
within the limits of the Hawaiian
Islands shall be prosecuted to final
judgment and execution in the name
of the Republic of Hawaii; and all
causes of action arising to individuals
or corporations aud all acti n at law
and suits at equity now pending in
the several courts within the limits OF
the Hawaiian Islands not already
barred 10y law may be commenced or
carried on TO final judgment and exc
cution in the corresponding courts of |
the Republic.
The style of all processes shall be |
"The Republic of Hawaii" and all |
prosecutions shall be carried on in the |
name and by the authority of the Re-
public of Hawaii.
Nothing in this Constitution con-
tained shall be the basis or ground for
a writ of error or habeas corpus or
certiOrari or prohibition or quo war
ranto nor an appeal in any pending
judicial proceeding, and all process
heretofore issued or which may be
issued prior to the day when this Con-
stitutiOn shall go into effect shall be
as valid as if issued in the name of the
Republic of Hawaii, but such writs or
appeals shall lie in respect of all judg-
ments, DEGREES, orders, or other pro-
ceedings heretofore made or had or
pending in the several courts of the
Hawaiian Islands, in conformity with
The laws in force when such writs, de-
;rees, orders or other proceedings were
made or were pending.
Adopted as Section of Article 80.
Minister Smith moved that Articles
"a and 5S, action on which had been
deferred, be taken up for considera-
ion. Carried.
The HOUSE OF REPRESENTATIVES,,
ARTICLE 57-NUMBER OF REPREsEN-
TATIvEs - REPRESENTATIVE DIS
TRICTS. ,
Section /. The House of Represen-
atives shall be composed of fifteen :
members, elected, except as herein =
provided, every second year.
Passed as in the draft.
TERM OF OFFICE. v
Section .. The term of office of the
elected at the first =
lection held under this Constitution, .
Or who may hereafter be elected), at =
eneral or special elections, shall be u u
ntil the next general election held y
hereafter.
Minister Hatch thought this should y
amended so as to conform with the ="
section on Senators. =
Ie moved to amend by making the 3
rst term extend to the first Wednes- =
ny of September, 1897.
President Dole thought it should he 9
lie last Wednesday in September in ',
cad of the first. u
Minister Hatch accepted the amend. =,
ent and it passed. vi
The section passed as amended. :.
Section 3. Vacancies caused bv -
,ath, resignation or otherwise, shall "
; filled at special elections, for the
lexpired term.
Pass ed as I'm rho draft ou
Section 4. For the purpose of repre-
ntation in the House OF Representa- VI
yes, until otherwise provided by -.
W, the Republic Is divided into the ul
lowing reprepresentative districts, sSr
va
First District: That portion of the ~
land Of Hawaii knewn as Puma.
ilo and Hamakua. au au
Second District; That portion of eh
Z Island OF Hawaii known as Kau, ou
ma and kohala. oel
rhird District; The Islands of Maui.
llokal, Lanai and Kahoolawe.
Fourth District: That portion OF the
and OF Oahu lying east and south OF
luanu street, and limo drawn In w.
tension thereof from the Nuuanu slu
Y TO Mokapu Point orr