The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-09
t;ce of the Supreme Court. or Judge OF
- Ci-nnif CnurtO

t;ca of the Supreme Court, or Judge OF
a Circuit Court ..nd.
n,ent. though it seemed to be break
mo down the principle established In
Articl. Al. 1t was desirable to nave
LAWYERS in the Legislature, ana yet III
there were It might be hard to get
gooi Judges unless they were ell gio,e-
Delegate Robertson moved 10 strike
OUT all after 8 President. mere
would be "A strong teudency on the
part of ambitious Senators TO scratch
each others back and fill the mlnl5te-
rial positions out of their own number
Councillor Tenney favored that
amendment. In the last Legislature,
out of forty eight members there were
twenty six or twenty-eight minister
al aspirants.
The Chairman thought Councillor
Tenney's remarks unpariiamentary'
as there were some OF those Leg
tors in the Convention.
Councillor Tenney said he Wouid
Councillor Emmeluth favored Dele
gate Robertson's amendment.
Delegate Carter favored passage "a
in the draft. He dill not believe in
making ministers of anyone VINO had
not had the subs antial support OF an
election 10y the people.
President Dole said the Importance
and honorable character of the posi-
ton of Judge of the Supreme Court
made it very Objectionable to make
his apoin.ment out Of the Senate pos
sible as a reward of political service.
The principle, however, that the lead
ers of the party should be called to
Cabinet positions had grown up and
was we'll established. 1t had worked
well on the whole. He did not think
there was a scramble for Office In 1897
There was a sharp party conflict. He
favored the section as in the draft.
Delegate Baldwin thought the arti-
Gle should be passed as in the original
draft, although there were evils result
ing from the scramble for office.
Minister Hatch was willing to sup
port Delegate Robertson'S motion tnat
no Legislator should be made Minis
ter. But the case OF Judge OF the
Supreme Court was different. Under
this Constitution the Legislature
would have the control of the Cabinet;
it was bound to have it, Indirectly II
not directly He thought 1t would
be easier to fill Cabinet positions
outside of the Leg stature than 1t
would to- find Judges. 1t was
practically a matter of necessity 10
this country. The United States did
preme Court Justices from Congress
men, although they had such au im-
mense field to choose from. me bar
here was exceedingly small and it Was
very hard tn fill judicial positions. He
agreed fully with the principle, but
did not think it would be materially
impaired by making an exception In
the case of judges of the Supreme
Court.
Delegate Carter was willing to &C.
cept Minister Hatch's amendment it
it was limited to justices OF the SUI
prerne Court.
Minister Hatch altered his amend
ment accordingly
Councillor McCandless was opposed
to excluding legislators from Cabinet
positions. In England they were al
ways taken from the members OF Par
lament. He also favored Minister
Hatch's amendment.
The amendment to strike out Cabi-
net Ministers was lost. Minister
Hatch's amendment passed. The Sec
ton then passed.
ARTICLE A. DISQUALIFICATION OF
GOVERNMENT OFFICERS AND EN-
PLoYEES.
No person holding office in or under
or by authority of the Government,
including Notaries Public and Agents
to take acknowledgements, nor any
person in the receipt of pay or emolu-
ment from the Government, nor any
contractor with, nor employee of the
p Government. shall be eligible to cleo
ton to the Legislature or to hold the
position of an elected member OF the
same.
Councillor Young thought the word
sscontractor'' would shut out almost
every person engaged in mechanical
trade in the country.
President Dole said it would not
shut out persons who had been a con-
tractor, but only those who were act
ually contractors at the time of the
electiC n and thereafter.
Councillor Wilder moved to strike
out contractor" 1t would shut out
every business man in town.
Delegate Carter said it would only
affect contracts pending. 1t would
prevent extravaganza frauds.
Councillor Young said that the result
would be that in his own case, for ex-
ample, he could not bid for any Gov
eminent contract during his term.
Minister Damon said it should be
left out because it did no good, as
contractor could always get a straw
man in his place.
Delegate Vivas moved to strike out
notaries and agents to take acknOwl-
edgments. The principle did not APP
ply to them. He also favored strik-
ing out ''contractor," for the reason
indicated by Minister Damon.
Delegate Lyman thought there was
no more reason for including notaries
in this section, than attorneys, who
also derived from the Government
the authority by which they could
make money.
At II NJ the Committee took a
recess till 80 PM.
AFTERNOON SESSION.
The Convention met at 1:30 PM,
L 4 Il aI,f