Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1896-02-03

| was III InOS6 uayS man could
commute his labor dues by pay
ing 50 a year. All enforced labor
ceased at 3 o'clock p. m. Parents
having four or more children
dependent upon them were ex-
empt. But they were not allowed
to adopt children for the purpose
of evading the labor tax. Every
other year the taxes of every kind
were Just half those prescribed.
The rules applicable to the fishing
grounds, the division of water
for irrigation, the tabooed articles
sandal wood on the mountains,
the descent of land to heirs,
and severe lectures to the people
for their idleness and encouraging
industry and warning the land
lords against oppression we're all
in this law. With all these prin-
ciples in view, the Constitution
had a section prescribing the
duties Of the tax officers; they
were to be appointed by the king
and premier, and could not be
dismissed from office without trial
and proof of misconduct. Here
we have the root of civil service
reform. But there were no "party
politics" in those days. The tax
officers should be the judges of
all the cases arising under the tax
law of 1889 and all difficulties be-
tween landlords and their tenants,
with right of appeal to the gov
ernor and from thence to the Sup
rene Court.
The rest of the Constitution is
upon the Judiciary. The govern
ors were to appoint the magis-
trates, two or more for each ISL
and. They could not be dismissed
except after trial for the offense
charged. That is, their tenure of
Office was during good behavior
but it might be limited by law toa
definite term. The magistrates were
required to give notice before
hand of the days when they
would sit. They had jurisdiction
over all cases under the laws ex-
cept the difficulties between land
lords and their tenants and the
tax questions. The governor was
to execute their decisions. There
was right of appeal to the
Supreme Court which consisted of
six persons, the king and premier
and four others chosen by the
representatives. This court heard
cases of appeal from the tax col
lectors and the magistrates, and
their decision was final. Senten-
ces of death, imprisonment and
fine were in their hands and there
was no appeal. This Constitution
was not to be considered as fully in
force until ratified by the repre-
sentatives to be chosen hereunder,
and it provided that it might be
amended; notice to be given of the
proposed changes the year before
the meeting Of the legislature
which would act upon it-a prin-
ciple which, in substance, is
adopted in all constitutions of
civilized nations.
L have exhausted my allotted
time upon this first Constitution of
Hawaii. The close correspondence
in its principles guaranteeing
liberty with the constitutions Of
Great Britain and the United
States shows that in these features
it was not an aboriginal Hawaiian
conception. 1t was undoubtedly
the result of the teaching of the
American missionaries of New
England who loved liberty them
selves, and brought with them
here Anglo-Saxon ideas that
justice should be free to all classes
Of men, that no one should be
condemned without trial and
proof, that offenses should be
those defined by law, that taxation
should be equal, that life, liberty
and property should be protected
and not taken except by process
of law; that the people by their
chosen representatives have
voice in the making Of laws for
their government and that the
two Legislative bodies should sit
separately. The magnanimity
and generosity that moved the
king and chiefs to yield SO much
of their authority and to listen to
and adopt these teachings will be
a cause of wonderment to think
ing men in all ages. Twelve
years later, in 1852, an elabora-