The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1898-02-28


son or prosecutor or receive any
part of any fine or fines which under
the law are paid to informers"-the
Attorney General submitted an
answer from the Marshal, saying:
81 do not know of any instance
where any portion Of a fine has been
paid to officers OF this department
except in cases for violation Of the
opium and smuggling lave, which
provide that one-half of the fine i'm
posed shall be paid to the person
giving the information, and in such
cases police officers have when fur
nishing such information received
the half of the fine imposed.
'In but very few cases OF this ma
ture are the parties from whom the
police officer may have 4ceived in
formation known to the court or to
the prosecutiong officer, and when
such parties have furnished the po-
lice officer with information the half
OF the fine, after being received by
the officer, is divided among them
as they may see fit"
In reply to the question Of Mr. j.
d. Paris as to whether the Cabinet
had asked the opinion Of the Su-
preme Court, as to the eligibility OF
Minister Il. E. Cooper to act as
President OF the Republic OF Ha-
wall, as required by Article % Of the
Constitution, viz: "to have been
born in the Hawaiian Islands or re-
sided therein fifteen years." the At
torney- G eneral stated that the Cabi-
net did not formally ask the opinion
OF the Justices OF the Supreme
Court upon the matter. The Article
of the Constitution referred to ap-
plies solely to the Office of President.
Minister Cooper has not resided in
the Hawaiian Islands for fifteen
years, and he would not be eligible
to the office OF President, but it
seems clear that the provisions OF
this Article do not apply to the per-
Torrance by the Minister of Foreign
Affairs of the duties of President.
| Section 5 provides: I'm case any
Minister shall act as herein provid-
ed, he shall, while so acting, have
all the rights and and be subject to
all the duties and obligations by
this Constitution granted to or pre-.
scribed for the President"
President Dole, Notwithstanding
his absence from the country, is the
President of the Republic of Hawaii
There can be but one President
The Minister of Foreign Affairs
during the absence Of the President
performs the duties OF the President
OK oficio by virtue of his Office as
Minister of Foreign Affairs.
In reply to the question pro
pounded by Mr.. A. V. Gear, Rep
resentative of the Fourth District
relative to the enforcement of Sec
tions 6S and SO of the Tax Law o
1896, would state:
Section 69 of Chapter 81 OF tn,
Laws OF 1896, referred to, provides
"If any of the property by this Ac
directed to be returned shall consis
of real and personal property, o
several classes or kinds or parcels o
real or personal property, respec
lively, which are combined and mad
the basis of an enterprise for prof
+ the same shall be assessed as
whole; and the statute goes on t.
provide the method Of ASSESSING
!, such valuation"
The question submitted is whethe
or not the enforcement of thi
| | statute has not been neglected.
, In reply l would state that in m
opinion the enforcement of thi
statute has not been neglected.
!. 1t should be stated, in order t
!, give full information in regard t
a the course pursued by the Govern
ment in this matter, that the cor
struction of the provision referre
: to was surrounded with consider
i able difficulty in applying the AC
o to the property of sugar and ric
plantation and stock ranches, whic
we're composed of several classes {
kinds or parcels OF real or persona
IS property. A severe contest WI
a made against the action of the Tia
" Assessor in applying the provision
of the Act to the property of I'll
Inter Island Steam Navigation Con
j. pany, and the matter was carried
O the Surname Court, The Coul