The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-06-27

rope as an example VI lpiioM'
Del. Nivas responded that the !
practice was the curse of Europe.
Ii was what the people OF Frauce
were fighting against.
Cuuu. Brown said the British Gov
eruueut was seriously considering
the sstue change. He understood
il was also discussed in several States
ct the Union. The prevalent opin-
ION tina, this Article gives power to
the Government to appeal was
ERRONEOUS. |, only gave the Legis-
lature aui hority to legislate to that
effect should the necessity arise,
aud that would be the decision Of
the people who elected the Legisla
turc.
Del. Robertson supported the mo
ton. The ouly reason for the giving
OF an apneal to the Governmen,
| which he ad heard was that juries
sometimes bad made mistakes But
the Supreme Cuur, itself had made
mistakes, and he believ,.d il was Oh
account Of one Of its mistakes that
| this proposition, to- give the Govern
ment an appeal, originated.
Min. Damon related that the late
Judge Austin had expressed his sur.
prise to him that the verdicts uf
juries in this country were so gener.
| ally Just. With very few eArep-
tions, the Judge said. hs was able to
concur in the jnries' decisions. That
was in ordinary criminal cases, but
when they came to political cases,
by giving the Government a right
81 appeal they would enable it to
strike at a man again which would
he very dangerous to liberty. That
was the mischief this amendment
involved. II converted the station
house into q bastile. IL prevented q
man from regaining his liberty when
once acquitted. Then he is confned
for three months to await trial, and
perhaps this il repeated until he
been imprisoned nine or even twelve
months. Aud when he comes out
lac is broken and ruined, he has lost
his hold on society.
MIN. Smith believed the retention
uf the amendment would save the
jury system. A provision of this
kind would remove the occasion for
attacking that system on the ground
of failures ot justice. Japan had in.
stituted u Judicial system in some
respects superior to ours, one of its
features being a beuch of three
judges corresponding to our Circuit
Court IN ",si prius jurisdiction.
The motion To strike out the
amendment WAS lost on the follow.
my division:
Aycs-A Abl.s, Allen. Damon, Em-
Deluth. Ena, fsrban y.z, Hotner,
kuuuiakea, Morgan, rogue, Robert.
SOU, ID, B smith, rcuusy, Nivss
WIid-r-l5.
Nues- Baldwin, Bol'e. Brown
Carter. Hatch, lusepa, kshsuielio
ksius. Kaubane. King, Lyman, Me
Csudi-ss, Mcudouca, Rice, w. y
Smitb, Waterhous., A. ). Wilcox, u
\. Wilcox, Young-19,
Vice Pres. Wilder, ou his name bs
iug called. said b. had voted Tor the
amend u.nt on second reading, hut
oD further consideration b. beliey eel
tb. cure WAS wor-. than the dis
ease; therefor. be- would vot. aye.
COun. McCandl.-s moved "a re-,
consider Ar,icl. ", on Disqualified
ton ot GuycruIn.ut officers and
.mplo, e.s from membership y "f tho
Legislature, 50 n to Te.ins.rt thu
word "salarisd" hefnr. "otlice."
! Min. Smith supported the motion
There we're officers Of tn. militaf,
who would he debarred under th'
Article rs II stood.
Coun. Brown said th. officer
could resign. IL. did no, think an,
mau should ~ inio the Legislature
! with any string ou him that ib'
Government could pull.
, Conn Morgan said every oilicrl
of the military was not going l.,
run. Under the Constitution ~ lSS,
man had to be full citizen. Tor
/ swearing his allegiance. To his natiN,
country. Yet there were plent,
. Of candidates, aud defeated ones Ia,
? Clsughi"rI.
j n,' nOt iuh lost.
Coun. Brown moved to Teconside
See. u uf Art. 73, 10 make the fol
lowing amendment: Provided, how
= ever that for tue I.gist ration T.,
: ID. first eloctioh held under the pro
D. visions 81 this Constitution, take
D may be paid Al any time prior To 'h
p applicatiou for registration"
: Carried, aud the section passed a
). amended
! Pres. Dole appointed, - the rom
{ miliee ou piomul cation Of tn. Con
i stiiurion, Messrs Kalua, Allen, Nc
/ Csudless, Nivas aud Abies
o AT ~ o'clock recess was take
/ until l::U.
> El"rtrnl'rrs have been put IN ,h
J Assembly chamb.r for night session
Of the Constitutional Convention.