The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-05-12
A JOINT RESOLUTION
RELATES TO ANNEXATION AND
PASSES THE SENATE.
Fees for Writing Acts 80 Kapiolnni Park
House on the yexatious Ii
cense Act.
SIXTY FOURTH DAY.

Minister Cooper presented the reply of
the Supreme Court to questions pro.
pounded by the Senate in re aid to sec
tartan schools, of which the following is
a summary: The question OF the Senate
was-"Has the Legislature authority,
under article 81 of the Constitution, to
exempt property from taxes, that is
owned or held by any association having
or maintaining in or upon such property
any sectarian, UNCONVENTIONAL or private
school2' The Court thinks that the eN.
emption of taxes in question, lie. Of
pi ivate schools, is not within the letter
of prohibition of Article % OF the Con
stitution, which forbids only grants of
money or land for such schools, and
which does not forbid all aid of any
character, IAN exemption ia not liter
ally n grant of the same amount or n
convey ance of the same value.
As courts are bound to solve reasonable
doubts in favor of legislative authority
and must have clear and strong convic'
tions that an act of the Legislature VIC.
lates a constitutional provision, we feel
authorized to advise you that such an
act OF the Legislature as is the subject
of your inquiry, would not be in COZ =
prevention of the 9th article of the Con
stitution.'
This is signed by the entire Court.
Mr.. LYMAN offered the following
Joint resolution. Whereas, II has in the
past been the announced policy, both OF
the Provisional Government and the Re
public of Hawaii, to advocate the an
nexation of Hawaii to the United States
of America;
And whereas, the Legislature OF the
Republic of Hawaii is now in regular
session assembled, and will soon adjourn
for considerable periods;
And whereas, it is fitting that the
elected representatives of the people
should place themselves on record as to
the present state of feeling among them
selves and their constituents upon this
subject;
Be it resolved by the Senate and the
House OF Representatives that the
Legislature of the Republic of Hawaii
continues to be as heretofore firmly ana
steadfastly in favor Of annexation to the
United States of America, and in hdvo'
eating such policy they are expressing
not only their own sentiments but those
of an overwhelming majority OF the
lawful voters of Hawaii.
Mr.. Lyman 3 aid the resolution was an
expression of the sentiments of the
Senate aud its constituents.
The resolution passed by unanimous
vote.
The resolution providing for the dts
tructou of old postage stamps after
Nov. is to be replaced by joint reso
luton embodyi x the same ideas.
Mr.. Lyman read his bill to extend Ger
tain streets in the town of Hilo. Print
ing Committee.
Senate Bill 30, providing for the per-
manent settlement of kapiolani Park,
was taken up for further consideration.
Mr., Brown explained the bill and its
probable effect upon the race track. He
favored the bill 1t was thoroughly
guarded by its own provisions.
Section 2. relating to the appointment
of commissioners was taken up.
Mr.. McCandless objected TO the trus
tees being vested with power to fill
vacancies on their own board. IT made
the people subservient to six commits
sion, RS. He moved to vest the APP oiut
ing power in the President and the
Cabinet. Carried.
Bill then passed second reading.
Senate Bill Al, relative to unpaid bills
of 1895, with the committees report
thereon, was taken up. Sl9,2lS.57 was
asked for.
Mr.. Damon explained that the money
was wanted for bills unpaid Dec. 81
The Auditor General had decided that,
under the new law fixing the fiscal
period at Jan. /, no money could he
paid out after that date for bills con
lracted prior to it.
The item of lawyers fee, 1851 20 con-
tracted by j. b. Castle, Collector Gen
eral of Customs, was questioned by
several Senators. Mr.. Damon explained
that the item was for several bills pre-
pared.
Messrs Baldwin, Brown and Holstein
thought it presumption ON the part of
the head of a bureau to hire counsel at
will, without Executive authority, and
then to send the bills into the Legis-
lature to be audited.
Mr.. McCandless thought the matter
unprecedented. One of the bills drawn
up at the Custom House hal already
gotten the country in hot water in
California.
Item struck out.
Bill passed second reading.
House Bill 81, IL promote fencing,
came up on second reading and passed.
House Bill 20, "Curfew Bill, took the
came course.
House Bill "a, relating to burgl ny,
passed first and second readings.
Adjourned.