The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-04
AFTERNOON SESSION.

The House was called together at
1 80 D. m. Representative Pogue ask
ed for permission to be absent Friday
and Saturday. This was granted. The
Speaker suggested that at the close OF
the morning session it was moved to
lay on the table, the resolution intro
duced by Representative Robertson.
On being put to vote the motion to
lay on the table was lost.
The resolution was then taken up
for consideration when Representative
Kaai spoke in favor of it drawing in
stances in it's favor from personal ex-
periences.
Attorney General Smith was the next
to speak. The gist of his remarks was
as follows:
There seems to be some mlSappfe-
hension on the part of the members
who have spoken in favor of the reso-
luton introduced by Representative
Robertson. 1t has been said by these
that the practice has been contrary to
the law. | submit that it is just and
authorized by law, absolutely. do
not consider it a derogation to any law.
The three branches of the Govern
ment are coordinate and each has an
equal power in it's own sphere. When
I mentioned that the practice had
been long before me, did not mean
to shirk anything. Mr.. Preston was
the first Acknowledgement to put the
matter in force and it has held to the
present day. 1t was deemed for the
best interests of the country and 1t
has certainly borne that out. The
words domineering usurpatlon OF pow
er and like phrases have been used by
members in speaking about the mat
ter. | do not think that these have
: very much force in this case. Author
. lily has to be lodged somewhere. When
it comes to the enforcement Of the law
under the department of the Attorney
General. the Marshal and his deputies
can stop prosecution in any case BY
entering nolle prosequl. The grea
question to be considered is whether
the thing complained about is for OF
against the public interest. Grim
: inal case is sure be prejudiced whe1
left entirely to the District Magistrate
i The District Magistrate must have sui
4 ficient cause before he issues a war
rant. I believe the practice to be
B sound one and | can say this with eV
cry confidence. 1t is seems to be to b
necessary that a District Magistrate
shall sit ON a case with an unpreJu
diced mind do not deny that SOM
I officers who have been or are in tn
employ of the acknowledgements De
nsrtment may be inefficient, injudici
] Gus and some of them perhaps, corrupt
I If we could have ideal men with in
1 faIlable judgments in all of the office
of the Government, then we would b
m ready for the millennium and all thing
should cease. But we have to des
with men as they are. | do not clair
that every one in my department
immaculate. For many years bach
there has been fair administrator
of Justice and the record here wi
show we'll against that of any countr
that might be named. | believe tn;
y some of the members of the HouS
have spoken without a full knoWledg
4 of the circumstances involved in tn
Z case. There have of course bee
abuses. In regard TO the resOlutio
| should say that in case it is adopte
it would require very careful though
u to ascertain just how binding it woul
be. It is my desire on all occasion
to carry out the will Of the Legisli
ture and the spirit of the law Ma
is only for the time. Society and tt
laws continue. Because now and the
}. there is an abuse is no reason tn
w the rule should be put an end to
once. Where there has been one abu
under this procedure there have bee
u many abuses by the issuance of wa
1 Irants that never should have been
- sued In the main the practice b