The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-05

personal services, or any equivalent,
when necessary, as may be provided
by law.
Passed.
ARTICLE I2.-EMINENT DOMAIN.
Private property may be taken for
public Use, or may be US u for reser-
voirs, drains, fumes or bitches on or
across the lands of Others, for agricult
ural. milling, mining, domestic or
sanitary purposes; but only "a pom due
process of law AMI just compensation
Councillor Brown thought there
should be something TO cover rail
roads, to show that it was not the
intention of the Convention to exclude
them.
Minister Smith said railways came
under highways.
Councillor Brown said q sugar plan
tation might want a line He thought
it would be absolutely excluded under
this article. HE would move to in
sert the word railroads" i'll line 3.
After some debate, Delegate Car ter
moved to insert before reservoirs"
in line the words railroads and
other carriers and for" etc.
Councillor Emmeluth thought the
matter of so much Importance that its
consideration ought to be deferred,
and he would SO move.
Minister Damon held that private
property should only be taken for
public uses, when it would be under
| public control.
Minister Smith said the same argu-
| ments had been used in France, Italy
and Spain; but now, so much oenent
| had been derived from overriding
| them. that no one would wish a
1 hi IN do ri w a f.
| est benefit from the liberal use of the
| right of eminent domain.
| Delegate Robertson thought 1t was
| going TOO far to allow the land of one
person to be taken for the domestic and
| sanitary convenience OF another. He
would move to strike out the words
| domestic or sanitary" in liue D, and
| insert the word "orn after milling in
| line 4.
Delegate Joseph favored the article
with the amendment.
Minister Damon moved to omit the
words reservoirsn and son or" in
line 8. That would coufine the matter
| to it's legitimate scope.
Councillor Brown agreed with Min
| lister Damon that the word - eser-
| voirs " nigh be stricken out.
Delegate Garter sail that to strike
| out the word reservoirs" might
make great and useful public improve
ments impossible. He submitted that
| there was enough protection for land
| owners in the last clause. He thought
| with one of the other members, that
| the Convention was hearing good
| deal from the large landowners.
| President Dole offered another
amendment.
| Minister Damon moved that when
| the Convention rise it recommend
| reference of the article to commit
| tee.
The last motion was carried.
ARTICLE 13-MILITARY SUBJECT TO
LAW.
Section l. The military shall al
ways be subject to the laws of the
land.
Passed.
Section .. No soldier shall, in time
of peace, be quartered in any house
| without the consent of the owner; nor
in time of war but in a manner pre-
scribed by the Legislature.
Passed.
OF THE REPUBLIC.
ARTICLE 14-FORM AND NAME OF
GOVERNMENT.
The character of the government
hereby instituted is a Republic, under
the terms and conditions of this Con
stitution.
The name of such government is,
and shall be, the Republic of Hawaii.
Minister Hatch moved to strike out
the words 1.-THE character of" in line
9. and to substitute "this" for ''such''
in line 5.
Delegate Robertson moved to strike
out the word "of" in the title for the
sake of uniformity, as it did not ap-
pear in the caption "Rights of Pro
Both amendments were adopted,
and the article, as amended, passed.
ARTICLE I5-TERRIToRY.
The territory of the Republic OF
Hawaii shall be that heretofore con-
shutting the kingdom of the Hawaiian
Islands, aud the territory ruled over
by the Provisional Government ol
Hawaii, or which may hereafter be
added to the Republic.
| Passed.
| ARTICLE 16.-ENSIGN.
The ensign heretofore in use as the
Hawaiian National Ensign, shall CON
tinue to be the national ensign of the
Republic of Hawaii.
Passed.
There was quite burst of applause
when Article is was read.
ARTICLE 17.-CITIZENS.
Section 1. A citizen of the Repub'
lie of Hawaii shall be:
A person born in the Hawaiian ISL
ands; or,
A person who has been, or shall
hereafter become naturaiized accord
ing to law.
| Passed.
Councillor Emmeluth asked III thi:
made all persons citizens (meaniD&
particularly the Chinese) who hae