The Hawaiian gazette., 1898-03-18
ON HOUSE BILLS
Senate Discusses Concurrent MGa-
SlrGS.
More Questions Asked In the Lower
Branch-Street Appropri-
ationS Asked.
SENATE.
Twenty-third Day, March 16.


priated to build road to the Govern
ment leased lands in the district. The
petition was referred to the Committee
on Public Lands and Internal Improve
ments.
The opium act and the act to pro,
vide the Oahu Railway with wharves
were reported printed by Senator Rice
who also reported appropriation bill 3
The total OF the bill as returned by
the committee amounted to SS4,215.17.
Senator Lyman reported from the
Judiciary Committee on the House
bill relating to coroner's inquests.
Senator Brown of the Judiciary Com
mittee reported on the message of the
President relative 10 joint resolutions.
There was some discussion as to
whether the report should be adopted
or ordered printed and what would be
the effect of adopting it. AS the House
had asked for a conference on the sub
ject it was voted on motion of Senator
McCandless to refer the report to the
Committee on Rules to confer with the
House committee. The opinion of the
Judiciary Committee was that resolu
tions upon the action or course taken by
the Executive should be joint, and as
such an expression of the Legislature
and not one branch thereof. If the
practice resolved itself into the pas
sage by only one member of the Legis-
lative power of approval or dissatisfac-
ton, the Executive might receive one
day a resolution from one branch con-
demning an action, and the next day
one from the other branch recommend
ing such action.
Senator Brown reported from the
Judiciary Committee House bills relat-
ing to suspension of sentence, to the
service of summons, to the finding OF
accused persons guilty of lesser Of
fense than that charged.
Senator McCandless gave notice of
his intention of introducing an act
to convert land at Aala into a public
park.
Appropriation bill for unpaid
claims was taken up and the usual
en2cting clause passed and the bill as
a whole passed second reading. Third
reading was set for Tuesday. Senator
McCandless had been petitioned TO in
troduce an item Of S25 for hack hire
for the Band on New Years Day, 1893
Minister Cooper stated that the bill
was presented the first time some two
weeks ago, and he believed that it was
rather too late in the day for any firm
to send in a bill for services rendered
five years ago. No action was taken on
the item.
On motion of Senator Brown the
opium bill was read by title and was
referred to a special committee of FIVE
members.
The Senate bin to provide the Oahu
Railway with wharf land was read by
title and referred to a special commit
tee OF three members.
The House bill relating to coroner's
inquests was taken up, together, with
the report of the Committee recon-
mending its passage. Senator Brown
gave the history of laws on coroner's
inquests. He explained that there was
no change in the principle Of the law.
The amendment provides for the exer-
else of the discretion of the coroner in
calling inquests and for the payment
of 81 day to coroner's Jurors. The
report of the committee was adopted
passing the bill at second reading.
1t was set for third reading on Friday.
The substitute House bill relating to
assault and battery convictions passed
second reading on the adoption of the
report of the committee and was set for
third reading on Thursday.
The substitute House bill relating to
the service of summons passed the
second reading on the adoption of the
recommendation Of the committee.
Third reading was set for Thursday.
The House bin relating to the sus-
pension of sentence was taken up sec
ton by section, and provoked discus
sion, The committee believed that the
act as reported is too sweeping. They
made no Recommendation as to the
passage of the bill, The Attorney
General said that in actual operation
the law had proved exceedingly beneh-
cial, In the years 1894 and 1895 there
We're S9S suspensions and under them
only II cases where sentence was Inn
posed, In the last period there were
i6S suspensions and only 30 sentences
imposed under them. There were many
cases where the convicted persons were
not criminals at heart and the sus-
pension of sentence prevented repeti-
tion of the act. The act as introduced
would distribute the responsibility.
The practical effect had been good.
In any case there must be some dis
erection. Out OF the many cases
brought before the Magistrates some
were brought in against people who
would be benefited by the suspension
of sentence, Criminals should be
placed where they could not injure
society. The whole object of law was
10 protect the community to prevent
crime. If man is a thief at heart he
should be placed where he cannot steal.
The Attorney-General believed that
there was too much running to get out
warrants. If the law failed the respon-
sibility would be placed back on the
prosecuting officers and the nolle
prosequi.
Senator McCandless said in support
of the bill that it appeared in operation
to be like putting a man under bond to
keep the peace and gave him better
chance to get out of the channels of
misdemeanor