The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1898-02-24
HOUSE..

The House reopened at 10 o'clock
this morning. Prayer by the chap
lin. Minutes of yesterdays session
were approved.
Rep. Kaai, having returned last
night from Maui, was at his desk.
In reply to Rep. Gear, the Attorney
General replied that the Attorney Cen
eral, Marshal and his subordinate Of
ficers are charged with the duty of en-
forcing laws. Those who have author
ity to represent the government before
the courts have the authority to re-
fuse to bring such proceedings or to
enter nolle prosequi. The rule of
requiring the approval of the prose-
cutting officer on warrant is not a
statutory provision, but has been OBJ
served for many years.
Rep. Robertson desired to speak up
on the question and the answer. He
said that every person had the right
to make a complaint, under the law,
and ask for warrant. The practice
District magistrates go beyond their
authority. Approval of the warrant
is required of the prosecuting officer.
This is wrong. Every man had a right
to make complaint and should not be
left to the mercy of prosecution. Un-
der the present practice man is
robbed of rights given him by the law
and 1t should stop.
Reps. Loebenstein and McCandless
voiced the same sentiments.
The Attorney General stated that
the custom was established many
years ago, long before he was in the
Cabinet.
Rep. Atkinson asked the Attorney
General if it was not his duty to pro-
ceed in law in place of precedent, and
asked if the practice referred to was
not based merely on precedent.
The Attorney General admitted that
such was the case. But while the
practice was not law it was not against
the law.
Rep. Achi contended that it was the
duty of prosecuting officers to investi-
gate and determine the merits of a
case before the expense and trouble
of proceedings comes. Many people
under excitement think they have a
case when they really have not. The
Attorney General had replied freely
and wisely.
The speaker moved that the question
and answer be submitted to the Jul
dietary Committee.
| Rep. Gear said that the reply of the
Attorney General was not satisfactory
and he would move that the answer
be tabled to be considered later as the
| House may elect.
Amendment carried.
The speaker reported Senate bill No.
1. Motion to read same was lost.
Rep. Paris presented following pc
titions: For a school house at Kona
Waena; from South Kona, for SO 600
for widening the wharf and warehouse
at Napoopoo. Public Lands Commit
| tee.
Rep. Pogue of the Finance commit.
tee reported on House bill II, relating
to interest on money, recommending
after slight amendments, that same dc
pass. Tabled for consideration with
| the bill.
Rep. Paris of the Printing Commit.
! tee, reported copies of House bills 12
13 and IA.
Rep. Robertson of the Judiciary
committee, recommended the passage
of House bill 0, relating to appeals.
Rep. McCandless asked the follow.
ing question:
"W. o. Smith, Attorney General:
Please state how many of the politi,
cal prisoners of 1895 have paid fines
how much and who are the same, il
any"
Rep. Paris asked the following ques,
tion of the Minister of Foreign At,
| fairs:
"Will you please inform this house
the amounts demanded by the British
government from the Republic OF
Hawaii for each of the following per
sons: Il. b. Thomas, C. w. Ashford
7. ii. Redward, w. f, Reynolds, Thos
Rawlins, NJ. S. Bailey, f. Harrison and
Lewis Levey."
Rep. Loebenstein asked the follow,
Continued IN pa0a Five