The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-03-18
TODAY REVISE SALOON LIMITS
SENATE DEVOTES TIME TO VERY
ORDINARY SUBJECTS.
Committee Reports art Handed In.
White is Going to Introduce an "On"
Act-Great Seal Causes Discussion.

Senator Baldwin presented at the
opening of the Senate this morning the
estimates OF needs OF the Makawao
ROAD board tOr me biennial peuOu, and
"a petition for the amount OF money
required,
The following report of the Forestry
Committee was read by Senator Bald
vim
y our Committee ON Agriculture and
Forestry To whom was referred Bin
No. s.. entitled AN Act TO Repeal Sec
lions 1917 l6lS and 1919 of the Penal
Laws relating to Forest Roads" beg
leave to report that we have had the
same under careful consideration
As indicated in the title, The bill pro-
poses to repeal Sections 1917, 1918 and
1919 of the Penal Laws.
The Supreme Court, at The Decem-
Der term of 1900, i'm the case of the Puma
sugar Co VS. the Government of the
Territory of Hawaii rendered the fol-
lowing decision.
Sections 1td1, 1918 and 1913, Penal
Laws, making it "a misdemeanor for
anyone to cut, mutilate on destroy any
forest tree or growing shrubbery or
underbrush within $50 feet of any road
which may have been or hereafter
may be constructed by the government
through any natural forest without
pIONlullLB lOI any iltlnOu lDI tOiIlDtH-
sating the owner thereof constitutes
"a taking of private property for public
use within the inhibition of amendment
3 to the United States Constitution and
| for that reason are void"
The above sections having been de-
olared unconstitutional, we recommend
the passage of the bill.
The military committee reported on
the examination of the equipment of
the National Guard The committee
also recommended the passage Of Bill
2S, relating the badge of the G.. A. r.
The latter report was tabled to be con-
sidered with the bill.
Senator White presented a unani-
nous report on Bill 2, An Act to reg
ulate the employment of labor on the
public works of the Territory of Ha-
wall, recommending Aat the same be
Indefinitely postponed as, though the
| principle was a correct one, no penalty
was provided, rendering the bill in
effective. The committee gave notice
of its intention to introduce a bill re-
medying the defect After some dis
cussion, it was decided to table the re-
! port to be considered with the new
| bill.
| Mr.. Baldwin, for the committee on
public expenditures, reported on con-
ference had by that committee with the
| like committee of the House. 1t was
recommended that an expert at SO a
| day, clerk at So a day and two assist
ant clerks at S. a day each be appoint
| ed to examine into all the accounts of
the government departments. The re-
| port was adopted.
| A majority of the Judiciary Commit
| tee recommended that Senate Bill II,
relating to malicious injury, be tabled.
| The committee gave notice of it's in
tention to introduce a bill, abolishing
the entire malicious injury law. Mr..
| Carter, the minority of the committee,
made a short talk defending his posi-
| tion in opposition to the report. The
report of the majority was as follows:
The majority of the Judiciary Com
mittee to whom the above bill was re-
ferred respectfully beg leave to report
that they have carefully examined and
considered said bill and the existing
law which said bill is intended to
amend Your committee begs to say
that in their opinion and belief it is
not possible 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
(as ii is sometimes called) or in respect
to the punishment inflicted therefor
said Section 200 not only Furnishes mali
cious injury to any real or personal
property without regard to the charac-
property alleged to be injured by i'm
prisonment at hard labor not more
than two years, or by fine not exceed
ing one thousand dollars, but Furnishes
to the same extent an act neghgently
done or omitted to be done which in
jures any real or personal property of
another" The boy who kills the fowl
of neighbor may be punished as Sc
verely as the man who kills the blood
ed horse of another. while an act flow
ing from mere negligence without the
slightest criminal intent is put on the
same plans of criminality and punish
ment as an act committed with vici-
Gus and evil mind.
This law was commented on and Sc.
verely criticised by the First Judge OF
the Circuit Court in his Charge of the
Grand Jury" on February 4th, 1901. We
deem Section 200 of the Penal Laws
of 1897, so barbarous that we are op
posed to any amendment of Ii what
! soever and advocated it's repeal II
toto and the passage of bill which
) while furnishing malicious mischief
5 will yet be more consistent with the
/ direction and merciful spirit of thu
} age. Such bill will be introduced.
We respectfully recommend tha
Senate Bill No. 12, be tabled.
| Senator White gave notice of his in
. tention to introduce the following: Al
e Act to regulate and proNlde Tor IN
s inspection, testing, storage and sale o
J. petroleum and its products, and to re
= peal all parts of an Act regulating ant
S providing for the inspection, testinp
3 storage and sale of kerosene oil, ap
= proved on the 14th day of November
n A. ID. 1890, known as Chapter LXVlll
e Session Laws of 1890, and to repeal a
o parts of an Act to permit the import
= alton of kerosene oil for fuel an
d mechanical purpose, approved the 22n
day of April. A. d. 1896, and know
as Act IA. Session Laws of 1895, incon
sistent with the provisions of this Ac
}, Mr.. Achi An Act to amend Sectio
: As, Chapter 81, Laws of 1892, Civil Law
}, Section 1853.
Discussion of Bill 80. providing fC
great seal resulted In what SCENE
to be lot of useless talk. Thisfla
until 11:45, when Senator White move
! for a recess until 1880 and the sam
- carried.