The Hawaiian gazette., 1894-06-29

rsnk aui file had been consulted in
this matter
Councillor McCandless said that
Councillor Emmeluth did not know
what he had been talking about. The
Iauk AMI file had been consulted and
there was no great demand for the
concession proposed by Delegate
Ables.
TIE majority report was adopted.
| Minister Smith reported for the
Committee on l. gislature on Section
| of Article II. The committee re
commend the passage of Delegate
Carttr's amendment as substitute
for the section.
The amendment is rs follows:
"All persons born or naturalized in
the Hawaiian Islands, and subject to
the iurisdic ion OF the Republic, are
citizens thereof"
Tue amendment was adopted.
The same committee reported on
the proposed new article to be inserted
between Articles 81 aud 5S. The COM
mittee recommend the follow suosti-
tute:
"If from any cause general cleo
| ton shall not be held at the appointed
time, the Minister of the Int riOr
| shall, without any unnecessary delay,
appoint another time the holding
of such election. And the election so
held, upon such appointment, shall
be deemed to be general election"
| Adopted.
The same committee reported on
Article n. The committee recon-
mend Section 2 read as follows:
Section 2. For the purpose of eX-
amin ng applicants for registration as
voters, and determining their eligi-
| bility, there shall be five boards of
| registration. One for that portion of
the Island of Hawaii known as Puma,
Hilo aud Hamakua one for that por-
| ton of the Island of avail known IA
Kona and Kohala one for the Islands
| of Maui, iOlUkai, Lanai and kahoO-
lave; one for the Island of Oahu, and
one for the Islands of Kauai and Nil
hau. Such boards snail consist of
three members each, who shall be
appointed by the President, with the
approval of the Senate The Presi lent,
subject TO such approval, may fill all
varancIes, If any, OF such boards.
Provided, however, that for the first
ele ctiOn held under this Constitution
the President, with the approval of
the Cabinet, shall appoint the MEM
bers of such board, aud, with like ap
proval, may fill vacancies in such
boards which shall occur before the
first meeting of the Senate.
Appointments by the President dur
ing vacation of the Senate shall he
valid until the succeeding meeting OF
that body.
Members of any of such boards may
be removed by the President, with
the approval of the Senate.
Adopted.
Under suspension of the rules Arti-
Gle % was reconsidered, and the Attor-
ney- General proposed the following
amendment as new section:
ain case of the absence from the seat
of G GOvernment of any member Of the
Cabinet, the President may appoint
one of the remaining members of the
Cabinet to temporarily peIform the
duties of the member SO absent. Any
such ad interim appointment shall
not, however, be valid for mole than
sixty days from the date of appoint
meut"
Councillor Tenney moved the recon-
sideration of Article Previous Con-
victiOn or AcquittaD.
Carr ed.
Delegate Vivas moved that the pro-
viso allowing the right of appeal to
the Government in criminal cases be
stricken out.
Minister Smith spoke against the
motion and Delegate Vivas in its fa-
vor. The first speaker held tnat the
objection was a medieval prejudice,
"A tl, IL 81,
was itself a return to medi@valIsm.
Councillor Brown said this matter |
was being considered in Great Britain. |
The object Of the proviso was to allow |
the Legislature to enact laws if the !
people desired.
Delegate Robertson favored Dele |
gate Vivas' motion. He considered |
TO give the right of appeal to the Gov
eminent would be great hardship |
upon defendants. Many criminal |
cases were merely fights between two
individuals, for example, libel cases. |
Those would be the cases in which the |
right of appeal would be made use of. |
Minister Damon held that juries |
were very just in this country, except
in political trials. In these cases de-
PENDANTS would be prosecuted and the |
station house would become Bastile. |
He believed in giving even political
prisoner fair trial.
Minister Smith said this provision
would help to save the jury system.
A great many persons Were in favor
of abolishing the jury system alto
gether.
The motion of Delegate Vivas was
lost on the following divisions:
Ayes-Ables, Allen, Damon, EN-
meluth, Ena, Fernandes, HOruer, Ku-
Morgan, Pogue, Robertson,
Smith ID. B. Tenney, Vivas, Wilder
Is
Noes-Baldwin, BOlte, Brown, Car
ter, Hatch, Iosepa, KahauleliO, Kalua,
Kauhane, King, LYMAN, McCandless,
Mendnuca, Rice, Smith (W. o., Wa
terhouse, Wilcox "a. s., Wilcox C.
NJ YOung-19.
Absent, Hitchcock and Mott.
Vice President Wilder stated that
he considered the remedy worse than
the disease and should vote ave,
though he had formerly voted the
other way.
The rpttOrf Of tho COn, m itfaa of tbn