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

| olished the resolution may go more
toward encouraging litigation than
diminishing the wrong spoken Of
| Representative Robertson arose TO
answer the arguments of the Attor-
ney-General and spoke in part as fol-
lows:
/ The Attorney-General remarked
/ that the person who introduced the
resolution was laboring under a mis-
! apprehension. 1t seems to me that
that is just what the matter is with
/ the Attorney General. The laws should
/ be enforced as the Legislature made
them and not as any attorney general
/ for the time being sees fit that they
should be enforced. The law makes it
/ the duty of the District Magistrate to
investigate to certain extent various
/ cases. If he believes that an offense
has been committed, it is his duty to
issue an order to the prosecuting Off
/ Ger for the arrest of the person COM
planned about. The District Magis-
trates are not doing their duty This
! has been usurped by the prosecuting
officers in the various districts There
is no law authorizing the Marshal to
do what he does now and which is
really the right of the District Magis-
Itrate Representative Achi too spoke
under a misrepresentation The idea
| OF the resolution is that the District
Magistrates be required to carry out
the law that the Legislature has pre-
,scribed. Investigations should be made
only by those persons authorized to
| n i'm off
Ger sees fit to enter nolle prosequi in
case this will be made matter Of
public record. 1t is different in the
matter of issuing warrants. This is
done in the back office of the deputy
sheriffs. The Attorney-General is I'M
der a misrepresentation when he says
that, if the resolution is adopted, every
one who asks for warrant for the
arrest of another party, must have
one. The District Magistrate must in
Vestigate and find for himself if there
is any merit in the case. A further OBJ
lection to the practice is the inconve-
Inience of the thing. [ remember of a
case not long ago when a man came
to me to assist him in the work of
bringing to justice another who had
and had warrant filled out ready to
be signed When | went to the police
station neither the Marshal nor his
deputy was present. Finally the war
rant was 20. KID" by the senior cap
tain. On taking this to the District
Magistrate he refused to sign and it
became necessary for the complainant
to wait about until such time as the
Marshal or his deputy returned. Such
cases as that make the people feel the
| irksomeness of the red tape of the At
EtOrney-General and his deputies. The
AttOrney-GeneraPs department is act
| ing in defiance to the law. | do not
see that the resolution il adopted by
the House would necessarily be bind
ing ON the Executive The intent Of
the resolution is to bring to the notice
of the Executive a recognition of the
feeling of the people. If they do not
see fit to carry out its provisions they
then take upon themselves the respon-
sibility of answering for it when the
proper time comes"
After the debate it was considered
best to postpone further consideration
of the matter until Monday when more
of the members could be present.
Representative McCandless introduc-
ed the following petitions:
1. An item in the appropriation bill
, for $4,000 for the building of road
from the home of w. Fl. Cummings tt
the mountains.
2. An item in the appropriation bill
for 1000 for a school house at Ka
! hama, this Island.
, 8 An item in the appropriation bill
, of 1880 for the building Of a schoo
. house at Kahuku, this Island.
Representative Atkinson announced
. his intention to introduce bill relat
: ing to actions for libel and Islander
= Under suspension Of rules Ministe
Damon reported that, in accordanc
:, with the resolution adopted by tn
House, he had presented the annus
: reports of the Department of Financ
for the years 1896 and 1897, to the Al
;, ditor-General.
Representative Pogue propounde
> the following questions to the Alton
&c ney-General:
1. Has the Superintendent of Publ
= Works or Road Engineer the authorit
:, to withdraw a road contract which ha
=. been publicly awarded and give it
. other parties? If so, from whom?
2. BY what authority have privat
- lands been taken for Government roac
= without due process of law and againE
the protest of the owners?
3. Have any Government road
= been constructed on private land ft
" which no right of way has been oil
- tanned? If so, where?
4. Are there any claims for roa
- damages unsettled? If so, to who
- and for what amounts?
Representative Kaai presented a r.
: solution asking that 81 900 be Apr
= priated for the building Of wharf
~ Punahoa, Maui. Adopted.
=, House adjourned at 3 p. N.