The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-06-12

Minutes OF preceding day read and
approved.
The Finance Committee reported
on the expense of stenographic notes
for the Convention. One stenographer
offered to do it for $3.50 if the Conven-
ton did not last more than twenty
five days.
A discussion ensued on the question
Of incurriug this expense.
Minister Smith and Councillor Fna
favored incurring it. Councillor EN-
meluth was opposed to it.
The Convention decided to author
ize the expense.
PETITIONS.
Minister Hatch presented a petition
from Chinese residents regarding the
franchise. The petition is the same
as that addressed to the Councils by
them, and referred to the Convention.
The Secretary read the petition.
Delegate Vivas moved to lay the
petition on the table.
Delegate Baldwin moved to refer to
committee.
Delegate Ables supported the mo-
tion to table.
Minister Smith and Councillor Ena
protested against that course as being
discourteous.
Delegate Vivas changed his motion,
so that the petition should be con
sidered with the Constitution when
the franchise came up.
Delegate Robertson supported that
course.
Delegate Nivas explained that he
intended no discourtesy TO the Chi
ueSe.
The petition was referred to the
Committee on Legislature.
Delegate Carer stated that early in |
the session he had offered a resolution
asking for Information about cumu-
lative voting. The subject was be- |
coming more important every day, |
and people were constantly going to |
the Registrar and asking for informa-
tiOn. The matter certainly was one
on which all the information should
be obtained which the Minister of the
move that il be taken from the table.
The resolution not being forthcom-
ing, owing TO the fact that no place
has been provided for the secretary's
papers, Delegate Carter offered fresh
resolution, covering the same ground
as the other.
Minister Smith said the resolution
would involve great labor, as the bal
lots would have to be recounted.
Delegate Carter said he had con-
suited the Registrar, who stated that
il would not take much time.
Minister Smith said that on Monday
they would be ready with a large
amount of information on the election |
which, perhaps, would be sufficient.
Delegate Baldwin seconded the reso-
luton, and it passed.
AT lO:l5 An. the Convention went
into committee of the whole, Coun-
,illor Ena in the chair.
The committee proceeded with the |
of the Constitution.
LEGISLATIVE DEPARTMENT.
ARTICLE 37-THE LEGISLATURE.
The legislative power of the Re.
public is vested in Legislature, and,
subject TO the limitations herein pro-
yided, an Advisory Council.
The Legislature shall consist of two {
houses, styled the Senate aud the {
House Of Representatives which shall {
and sit separately, except as {
otherwise herein provided. I
The two houses shall be STYLED "The
Legislature of the Republic of Ha- s
Taii.n I
Delegate Baldwin asked an explain s
alton of the first part of the article.
Minister Smith explained.
Councillor Tenney moved to strike
lut the phrase "snd, subject to the 1
limitations herein provided, an Ad-
Tisory Council"
Councillor Emmeluth moved to {
strike out the whole article and SUBJ
'titute the following: {
The legislative power shall be vest '
ID in Senate and House of Repre- 7
'entatives which shall sit separately E
md be designated as the Legislature 7
II the Republic OF Hawaii.
Minister Smith said the power was q
rested in the Advisory Council TO G
meet some extraordinary emergency. {
The old Constitution vested the same q
,ower in the Privy Council and it
vas necessary. 1t would be very ]
dangerous and against public policy a
o cut off the power, and might bring
bout disaster. Cases might arise, as in
smallpox epidemic, when large un- G
oreseen expenses for quarantine, etc,
must be met The Council had auth 9
'rity to make appropriations in case
f war, rebellion, etc, and these ap- i
would only be valid until L
he Legislature could be called to- L
ether. Some had held this author {
ty 10 be unnecessary, because mar
ial law could be declared. But that a
Fas very Objectionable. Martial law I
Fas no law at all,-or simply the law Q
might, and should only be resorted b
o in very extreme cases. A power $
uch as is provided in this section, I
nust exist somewhere. e
Minister Damon said he supported {
Councillor Emmeluth's motion, be- Y
ause there seemed TO be a tendency v
q this Constitution TO take power from {
be people and concentrate it in the !
snds of few. Any power granted Il
Y the people should be very carefully
uarded. The apathy of the people c
hight lead him to say, "Well, that d
Government did very well, il
Il them go ahead and pass their laws.
his would end, as he claimed, in mill p