Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-06-08
THINKS NOT SAME BILL
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II the work of those various depart
ments and that when an official went
out of office he ceased to be member
OF the Board. These officials acted to.
gether as the Sheriff and the Treasurer
might cooperate on license question
H. which both were officially concern.
ed. Just because the Legislature
chose to call 1t board did not make
the Board of Public Institutions a
board in the sense that the forestry
and pharmacy boards were such. In
regard to diverting powers from the
Superintendent of Public Works and
dividing them among heads of other
departments. there was in the Act no
attempt to divest constitutional Off,
Gals OF their constitutional powers.
McClanahan suggested that all pow.
ers had been taken from Mr.. Cooper.
Andrews said there was nothing in the
Organic Act which says the duties OF
an official cannot be taken away; TAX
ing away the duties didn't abolish the
ofiic,.
The Attorney General stopped argu
ment here to allow defendant to put In
evidence.
The Senate and House journals had
arrived and were awaiting overhaul
ing. Speaker Beckley was called to
the stand and Immediately excused
for Clerk Meheula, who identified Sen
ate Bill No. as II passed third read
/ Ing. McClanahan introduced the Bill
in EVIDENCE. Andrews making the gen
eral objection that It was not the best
evidence and was immaterial to any
purposes at present developed.
Mechanism asked witness If Act 81
was ever read in the House. An
drews' objection was sustained
Witness was asked TO point in the
journal to where any entry was made
q the reading of Act 81 in the House
Witness said no such entry was in the
journal. McClanahan declared a con
the journal OF the House failed tc
show any third reading of Act 81
whereas witness had identified Senat,
Bill No. / as having passed third read
ing. Argument ensued, Andrews stat
ing that Mechanism mixed Act 8
passing the House with Senate Bill
No. / as finally amended by Confer
ance Committee and passed, where
upon McClanahan in further referenc,
I" the measure constantly referred t
il as Act 81, being Senate Bill No. /
being Exhibit D. Andrews admiringl!
admitted that the Legislature had los
q great parliamentarian In McClana
han. The latter gentleman didn't Sc,
that the remark was german to tn,
case and said so.
Witness Meheula did little testify
ing, the attorneys taking up the TIM
with what he could and could not say
Judge Gear said he was not prepared
to allow the testimony of witnesses al
tc what the Legislature did or didn'
do; Mechanism had claimed to hav,
lmpeached the bill and wanted to &,
beyond the journal. The Judge wa
not going to make the court a super
visor OF the Legislature, and though
the introduction of what different wit
nesses knew of the proceedings wa
going too far. Andrews objection /
McClanahan's question as to whethe
the Bill as 1t finally became law wa
read third time in the House, wa
sustained Meheula couldn't point 4
the journal to the portion referred I
In the certificate OF the Bill. Andrew
: said 1t didn't prove 1t wasn't Their
; simply because witness couldn't poin
: Il out.
} Speaker Beckley followed Meheul
; on the stand. He started to testify a
tc what ne Thought" starting obje,
tons, such evidence being ruled on
Beckley stated that the Bill on exhib
In court was not the one that ,passe
the House. He remembered that a Gel
tain hack measure had been defeate
and was not in the bill. He thought
r new page containing the hack claus
must have been Struggled into the bill
Clerk Of the Senate Sayidge and Pref
lident Crabbo did not know anything Q