The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-11-13
THE BA|uFF ACT ATTACKED
STARTLING POINT MADE IN THE
CIRCUIT COURT.
Robertson Says 1t Did Not Pass
Three Readings as is Required by
Law.


Legislature was attacked this morning
before Judge Humphreys in the first
circuit court A. @. M. Robertson, in
behalf of ex-Judge W. X. Rathburn,
who is indicted for perjury, offered to
attack the recent grand jury, on the
ground that il was summoned by an
officer not having power to summon.
jury, to wit, a bailiff of the court. In
support of his motion he offered to in
troduce in evidence the journals of the
house and senate, to show that the
bailiff act had not been regularly pass
ed. The motion involves the validity
of each of the 81 indictments made by
the last grand jury and of all indict-
ments and proceedings under them,
since the legislature adjourned, and II
successful means a far bigger Jail de-
livery, or task of retrying cases, than
was brought about by the habeas cor
pus decisions of Judge Estee and Gear.
The principal contention of the coun-
sci for the defense Is that the bailiff
act was not read three times, in either
house, as is required by law. On this
subject the Organic Act says: That
a bill in order to become law shall
except as herein provided, pass three
readings in each house, on separate
days, the final passage of which in each
house shall be by majority vote OF
all the members to which such house Is
u,
entered upon it's journal
The baiiiff act, according to the jour
nails of house and senate, passed three
readings in each house, but there is
question of regularity in the matter OF
an amendment. The bill had very
ordinary course in the Senate but lts
way through the house leaves a wind
ing devious trail in the journal. Sen
ator White gave notice of the bill on
March IL and it passed first reading two
days later. On March "a 1t passed sec
ond reading and on March 20 1t was
finally passed and sent to the house
When the house got Senator Whites g
bill, known in the legislature as Senate
bill No. SO and in the law books now as
Act 10 of the Session Laws OF lsOl' II
quickly passed 1t on first reading on
March rs and on April passed the bill
on second reading without any trouble.
After that the difficulties began.
On April g. when the bill came up for
third reading, Robertson moved to
amend by striking out Section g.. His
motion was lost and then the bill was
defeated by 13 noes and IA ayes, the
latter not being a clear majority OF all
members, which is needed for final pas
sage of a bill Section dealt with the
pay of bailiffs
After the defeat of the bill Robertson
moved his amendment again ,and 1t
carried eliminating section from the
bill. On the 9th Dickey proposed an
other minor amendment, which was
lost, and the bill went to the judiciary
committee. The judiciary committee
approved the bill but it was postponed
on the 11th and again defeated on the
18th.
After the defeat of the 18th, a new
section, section s. was added. On the
following day the bill passed third
reading in the house. and it went to
the governor, being signed by Governor
Dole on April 26.
The records of the journals do not
show whether the section that was
placed in the bill was the same as the
section that had been stricken out. If
it was any different. then the senate
has never voted on it, and the house
appears to have erred in not sending the
bill as amended to the senate for appro-
val, instead of sending it to the gov
ernor for signature.
Attorney Robertson stated in court
that he had a good deal of testimony tc
offer, and 1t may be that the original
papers will have to be brought into
court, and the testimony of those con-
cerned in passing the bill taken. Judge
Humphreys set the case for hearing
need next Monday morning.
Deputy Attorney General Cathcart
who appeared for the territory, remark
that the question ought to be speedily
settled now that it had been raised, a:
it was of great Importance.