The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-19

There arose then debate on the
important question whether an act
should not go into effect upon it's pub
LEGATION, and not upon its approval,
and Garter suggested it would be wise
to pass resolution or a bill 10 settle
the veXed question.
The report was laid on the table. to
be considered with the bill.
Senator White, with a pathetic look
in his eyes, arose and presented the
following report for the judiciary COM
mittee, on Senate Bill 2, entitled IAN
Act to regulate the employment of Ia
Dor on the public works of the Terri
tory of Hawaii:
The bill is admirable as far as it
goes, but unfortunately it does not go
far enough to amount. to anything
whate
The bill purports to prohibit certain
acts which manifestly ought to be pro-
h1bited, but as no penalty is declared
for the violation of the law or any part
thereof it would, if passed serve no
useful purpose.
law is rule of action and is to be
distinguished from mere advice. This
bin makes no such distinction Any
public officer in charge of public works
would be at liberty to treat such a law
as a mere legislative recommendation,
or advice which he could follow or dis
regard at pleasure. AS the wasp with
: out it's sting is as harmless as q house
, fly, so law without penalty is as
/ useless as a cancelled postage stamp.
A bill substantially covering the
main features of Senate Bill 2, and pro-
. viding a wholesome penalty for it's VIC
lation will be introduced
We recommend that the bill be ia
bed
WILLIAM WHITE,
S. E. KAIUE,
Majority of Committee
/ do not concur,
GEO. r. CARTER.
| The report was adopted
Thereupon the eight chairs for the
/ public seemed TO look at each other
and whisper, What has the labor
question to do with the wasp, the
: house fly and the cancelled postage
I stamp"
| Carter opposed the bill because he
, thought that the indefinite postpone
ment of an otherwise good bill would
I prevent the re-introduction of SINH
lar measure. A desultory discussion
| took place and the report was finally
tabled to be considered with a new
bill.
Mr.. Baldwin presented the following
report:
On the 10Th inst, the committee met
in conference with the House commit
tee on public expenditures to discuss
matters in connection with the work of
, mends, with the consent of this House
the following:
l. The appointment of one clerk at
$40 day.
q The appointment of an assistant
clerk at Sc day. and two other as
! to look over the books of the govern
ment and ascertain the expenditures
for the last biennial period.
D. KALAUOKALANI.
II. P. BALDWIN,
DAVID KANUHA
I! Mr.. Baldwin thought that the report
showed an inclination to rerrench,
which should meet the approval of the
Senate At this "Oily Biz absent
| report was adopted.
At this moment the president left
the chair and called Senator Brown, of
Hilo, to preside, instead of the vice
president to the coveted seat. Before
Senator Kaiue, who hasn't yet had a
chance to act in his high position,
could enter a kick Senator White got
the floor and read a report, the gist
of which had a very AriZonaic flavor,
and which was delivered in a manner
which would have made Lewis Morri-
son green with envy, and made any
audience at the Opera House roar. 1t
was the report of the majority of the
judiciary committee on Senate Bill IL,
entitled, "An Act to amend section 200
of the Penal Laws, relating to mali
cious injury"
! Your committee begs to say that in
; their opinion and belief it is not pos
! sible to find in any civilized country
; a law such as is embodied in section
200 of the Penal Laws of 1897, either in
/ respect to the definition of malicious
injury, or malicious mischief Gas it is
! sometimes called) or in respect TO the
| mn icb inflicted
section 200 not only Furnishes malicious
injury to any real or personal property
without regard to the character Of the
injury or the value of the property al
legged to be injured by Imprisonment a,
hard labor not more than two years
or by fine not exceeding one thousand
dollars, but Furnishes to the same ex-
tent an act negligently done or omitted
to be done which Injuries any real OF
personal property of another" The boy
who kills the fowl of a neighbor may
be punished as severely as the mar
who kills the blooded horse of another
while an act flowing from mere negli-
gence without the slightest crimina
intent is put on the same plane OF
criminality and punishment as an act
committed with a vicious and evi
mind.
This law was commented on and Sc.
verely criticised by the First Judge OF
the Circuit court in his charge to the
grand jury on February 4, 1901. We
deem section 200 of the Penal Laws O.
1897 so barbarous that we are opposed
to any amendment of it whatsoever
and advocate its repeal in toto, and the
passage of a bill which, while punish
ing malicious mischief, will yet b.
more consistent with the Christian anC
merciful spirit of the age. Such bill
will be introduced.
WILLIAM WHITE,
s. E. KAIUE,
Majority of Committee
/ do not concur,
GEO. r. CARTER.
Then a warm discussion arose, ant
every Senator took a hand, or a mouth
in the debate. Senator Carter mad
, the most sensible remarks in shown:
how boy thoughtlessly committing
trifling injury would, under existini
laws, become felon, lose his citizens
right and his vote, for an escapad
which certainly could not be classed a
more than a misdemeanor. II, myself,
cried the Senator, "have stolen water
melons and shot our neighbors' chick
ems and would you call that felony?
when was it?" queried the oily maj
from Lahaina.
when I was young boy" was tn
rueful answer of the man who ha
confessed, and Billy dryly answered
"Oh, it was not recently?"
( 10 on, a