The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-26

sen IhtO committee OF the w mole,
Vice President Wilder in the chair.
Second reading of the Constitution.
The first five articles were passed as
read.
In Article 6, Section 2, concerning
the right of trial, Delegate Robertson
moved to strike out the words ''infor
nation or complaint
Minister Smith opposed the amend
meut.
The amendment was lost and the
Article passed as read.
Minister Hatch moved the following
amendment TO Article Z previous
Conviction or AcquittaD, "Provided,
however, that the Legislature may
enact laws providing for appeals in
Criminal Causes
President Dole favored the amend
ment. 1t was to meet cases of Il man
ifest failure of justice.
Councillor Blown favored the
amendment. He had opposed a SINH
lar provision on the first r aiding, but
had since become convinced that il
was necessary.
Councillor Emmeluth and Minister
Damon strongly opposed this amend
ment.
Minister Smith held that the same
rule should be applied for the benefit
of the people-the Gov rnment, as for
the defendant. A new trial was only
granted the defendant when justic
demanded it. The people should have
the same right.
Delegate Robertson agreed with the
Minister of Finance on this subject.
One full and fair trial was sufficient.
Delegate Carter said the very object
n nj DIM IN 10
full aud fair trial.
Minister Damon spoke again against
the anne ndment. The fight between
the Government and the defendant
was unequal.
Delegate Kalua was in favor Of the
amendment.
Deleg tie Vivas and Councillor Nor
gan opposed the amendment.
Delegate Ables held that the Article
as it was in the draft was sufficient.
A failure to convict was Often the fault
of the prosecution.
Councillor Waterhouse favored the
amendment. He wished the jury sys
tenn could be abolished altogether
| He knew pO -itively of cases where the
| jury had not considered the case at all
when they knew the man was guilty
| and merely asked whether he was {
! L. O. or "a royalist.
The amendment was adopted on the
| following division:
Ayes Bolte, Brown, Carter, Dole
| Hatch, HOrner, Iosepa, Kahaulelio
Kalua, Kauhane, King, Lyman
McCandless, Mendonca, Rice, Smitl
cox "A. 81, Wilcox (G. M, Wilder
Noes-Ables, Allen, Damon, En-
meluth, Ena, Fernandes, Morgan
Mott, Robertson, Smith Cd. 3D., Viva
Ill.
In Article 12 eminent Domain)
We bal amendment was made.
Delegate Carter moved the follow
ing substitute tor Section l, Article !
(Ciuzens): "All persons born or uatur
allied in Hawaii and subject to tn
jurisdiction of the Republic are citi
! Zeus thereof
Referred 10 the Committee on Leg
islature.
Delegate Carter moved that the sec
tons relating TO special rights of citi
Zens be numbered as u 80 parate artici
aud inserted between Articles Is am
10 Coz corning Naturalization an'
DenIzatiOn).
Delegate Ables moved to strike on
Section +, which authorizes the Min
lister of the Interior to reverse the de
cl>lun OF the Board OF EXAMINERS, It
lating to special rights of citizenship
Minister Smith hoped that motto
would not prevail. The final decisio
should rest with the Government, nc
the Boarj of Examiners.
Councillor Emmeluth favored Dele
gale Abies' motion.
Councillor McCandless hoped tba
the motion would not prevail.
would defeat the whole object of til
Article.
Minister Smith held that it woul
be difficult To get the right kind of me
for Examiners. They would br ver
likely to make grievous MISTAKES I
inspectors of election had. Ihel
should be q power somewhere TO chec
the result of 5 lch mistakes.
At noon the Committee took n
cess until 1:30.