The Hawaiian gazette., 1898-01-28
Several Measures are to Come from
the Government.
MOLOKAI IN FIRST DISTRICT
To Facilitate Trials and Process.
Act on Suspension of Sentence.
Assault Degrees.

Several measures TO be presented by
the Government to the Legislature are
now ready for the first reading and re
ference. Just so soon as the assembly
is organized proper notice of presenta-
ton OF a number of acts will be given.
Attorney-General Smith has prepared
nearly all, if not all these bills. Each
matter has been the subject of consid-
Grafton by the Cabinet and President
Dole gave his opinion upon them before
his departure for Washington.
One Of the acts concerning directly
the judicial and police departments is
the changing of the Island OF Molokai
from the second to the first judicial
district. At present all MoIokai cases
that cannot be disposed of by the local
or district magistrate must go to La
haina. The means of communication
is uncertain and hazardous and there
is often delay and always great incOn-
Venience to interested parties. Be
tween Molokai and Honolulu there is
regular weekly communication by the
steamer Mokolii and the packets for
Maui and Hawaii can touch there
when necessary. This new plan is re-
garded as a big thing in facilitating
the disposition of Molokai legal mat
tiers. There had been talk of the re-
form for SINE time, but there was a
general inclination to wait until Mr..
Smith took the matter up.
Before the recent interesting decision
on suspension of sentence by district
magistrates had been handed down by
the Supreme Court an act had been
drafted relating to suspension in Dis
trict and Circuit Courts. There had
always been doubt in the premises and
the act that will be submitted will
clear away all question. 1t is intend
ed that the practice shall be suspen-
sion in certain cases for a definite pc
riod. If sentence is to be moved upon
the defendant will be notified and If
he receives no notice he may be GER
tain that the state has waived all its
rights or penalties.
There has in the past been unsatis-
factory results in the trial of several
classes of assault cases. Each variety
of assault and battery is now sep
arate and distinct offense. 1t is pro
posed to revise the code so that assault
and battery shall be in degrees similar
in system to larceny. Then if man
who is charged with an assault with a
dangerous weapon proves that the
weapon was not a dangerousone, he
cannot escape scott free when ii is self
evident that he is guilty of assault.
The degrees will be as follows:
Assault with intent to commit muir
der or other crime.
Assault upon an officer of the law
in the performance of his duty.
Assault with a dangerous weapon.
Common assault
The enactment of a slight amend
ment to be offered to the present IL
cense law will interest and please a
whole lot of people living in the vicini-
ty OF Beretania and Pensacola street
and in other residential districts. This
will be in effect that the Minister OF
Interior may use his discretion as to
whether or not he shall grant lodg-
ing house license, for a certain locali-
ty.
1t is not likely that the matter OF
changing the Court holding place from
Lahaina to Waikiki will be offered
to the Legislature. 1t is certain that
no such proposal will come from any
of the Minister'S With the new roads
on Maui, Lahaina is regarded as an
entirely satisfactory place for the
Court to remain indefinitely.