The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-02-23
THE FACTS AND THE LAW.

/ There is no mystery or difficulty
about the direction in Section "A OF
the Organic Act: "All legislative pro-
ceedings shall be conducted in the
English language" 1t means just
what il says-no more no less, and
that is. that all of the bills. resolutions
and writings shall be in English; all
verbal motions and speeches shall be
made in English; the minutes snail
be kept as a permanent record in the
journals in English; the same shall be
printed in book form in English, and,
finally. the enacted laws shall be print
ed in English.
But the clause is only directory, not
mandatory No penalty appearing for
failure TO observe this requirement.
Again, it would be impossible to i'm
pose one so long as the records
and files and documents of the
two houses show up in English and
make no reference to the fact of con-
Quoting any of the proceedings in a
language other than English. In that
case there can be no proof that the
proceedings were conducted in any
other than the English language.
Hence some of the proceedings may
be actually conducted in the Hawaii
an language, for instance, yet the fact
need not appear ON the official records
of the two houses, so that the fact can
never appear before any court. But
of this, more hereafter.
The policy of the Organic Act was
to encourage the exclusive use of the
English language in all official bust
ness in the Territory of Hawaii. A
person may not serve as grand or
petit juror who cannot understand
ingly speak. read and write the Eng
lish language. So it must be conced-
ed that the law means just what it
says, but the enforcement of it is an
other thing.
The legislature is one OF the three
independent branches of the Terri
torial government. Independent. as TO
facts, and limited and controlled only
by the judicial department where the
facts as recorded by the legislature
prove the violation by it of the funda-
mental law. The judiciary is limited
in its investigation as to facts by the
journals OF the two houses made by
themselves No court may hear testi-
mony outside of the journals and the
files TO show what the legislature did
or did not do The legislature makes
up its record. and solemnly approves
the same day after day. When it ad-
journs. that record controls No YER.
bal testimony may contradict IT, A
for one. two or three days after the
expiration of its limit of time and even
NAe~e avs oA t1C tutAU uxs inert
after: and if the journals and files
and approval of bills all show date as
OF the last legal day of the session.
the courts are pound by the record
and cannot impeach it by other evil
dence. that any certain bill was &C
tuaily passed and signed after the last
legal day of the session had really
gone by
So IL is simply matter of danger
of making record that viii show that
the proceedings were in part conduct
ed in some other nan the English Ian
guage- This must necessarily appear
II Hawaiian interpreter Is made an
official of either body. His pay. even
If provided for by the legislature.
could be stopped by injunction. 1t
would be absolutely Illegal to pay an
out OF the Territorial
Treasury Hence it would appear that
on the principle that those who dance
must pay the adder those who de
sire to speak in Hawaiian must pay
for the services of an interpreter.
Even then there may be record !!
made OF the allowance Of an interpre- |
tar nm the f3r<or for = 49,, v..,..h.-