The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-03-14
Eighteenth Day.
FRIDAY, March 13.

FRIDAY, March 13.
The Senate began business at the
usual hour. After prayer by Chap
lain Peck, and reading of the minutes
by the Secretary, President Wilder
announced that Senator Holstein
would take ex-senator Notley's place
on all committees.
The bill for Appropriations from
| Current Accounts came up for second
reading, the items under the Attor-
ney Generals department with the
report of the committee being the on
| ly ones which had not been acted up
on. The items were considered separ.
ately, the first being $4,000 for in
cidental and criminal expenses.
Senator McCandless asked that this
item be explained more fully. The
Attorney-General said that the crimi-
nal business was increasing as was
shown by the report of the Chief JUS
tice, and that there were other mat
ters of expense which he could not
make public, but had been brought
before the committee. Senator Nc.
Candless continued his objections
whereupon there was a little scene
enacted, which, although not par
ticularly dignified, was effective. The
Attorney. General left his seat, went
to where the Senator was standing
and engaged in a whispered CONVEX
sation for about two minutes. Sem
ator McCandless cracked a smile and
remarked, 81 withdraw my objec-
ton, Mr. President" The item then
passed by unanimous vote. The item
for Detective service, passed at $4,000
as recommended by the com mittee,
also $4,000 for support OF the Citizens
Guard.
The report OF the com mittee on DIR.
Rodgers salary was accepted and the
item was included in the bill as Com
pensatIon for Secretary of the Labor
Commission, $3.50.
The bill as whole then passed the
second reading and went to the Print
ing Committee for revision.
Under suspension of the rules Sena-
tor LYMAN introduced his bill for set
ting apart lands of Hilo for public
purposes. This was read the first
time and referred to the Printing
Committee.
Senator Schmidt reported from the
Committee on Accounts. The bills
appropriated amounted to 81, $50 IS,
and included $50 expenses OF the Pail
Road Commission and $5l 80 for the
Audit Act Commission.
Under suspension of the rules, Sena-
tor Brown presented report from the
Judiciary Committee on the Attorney
Generals bill relating to the appraise-
ment of damages. The substance of
the report is as follows
"The object of the bill is to do away
with the trial by jury in cases involv-
ing the improving or closing and
opening of highways on an appeal
from the decision of the com mmissioners
deciding the value Of the improve
ments, and passing such matters or
appeal to the Supreme Court, in which
court trial would be without the inter-
vention Of q Jury. This trial by jury
was given appellants in 1892.
1.-THE Constitution of the Republic
of Hawaii was adopted in 1894, two
yeara after. Section 3 OF Article g OF
the Constitution contains the follow
ing provisions in relation TO trial by
iuTy: The right of trial by Jury in
all cases in which it has been hereto
fore used, shall remain inviolable,
except in actions for debt, etc Under
a strIct construction OF this provision
of the Constitution, your committee
are of the opinion that the Act Is un-
constitutional, and therefore recon-
mend that the bill be laid on the
table,"
A motion to table the matter was
carried.
The communication of the Auditor