The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-04-11
LIQUOR BILL
IN SENATE
Several Other Measures
of Importance
Debated.
sENATELFoRTY-sEcoND DAY.

The liquor problem is far from set
tied and the Senate will have much
work to do in that quarter in conse-
quence. 1t is practically agreed that
the licenses will be in the hands of a
commission and that they will be
limited to one to every fifteen hundred
inhabitants. That will reduce the
number of such places on this island
from 134 to 40, healthy change. 1t
is not known how this will affect the
fishmarket surroundings; special legis-
1ation may be needed to reach that.
The House sent word that it had
sustained the veto of the Governor on
House Bill 123.
The bill restricting appointments to
office to American citizens passed third
reading as amended. The folly of the
bill as originally presented was OBJ
vious to ALL The members saw that
it means the appointment OF Crawford
Senators could not swallow Crawford
so the bill was amended and while II
does not shut out that individual II
paves the way to the employment OF
someone else.
The oratorical effort of Representa-
tive Hughes in the House yesterday
mind a story that was told by Coeihf
a few days ago. That there is strong
opposition to Pratt can not be DENIED
Senator Hayselden reported on House
Bill No. II as follows:
WIDOWS RIGHTS.
The Judiciary committee submits the
following report upon House Bill NO
IL, entitled AN Act to Amend Chap-
ter 122. Title XVII, Revised Laws OF
Hawaii by adding thereto, at the enc
thereof, a new and additional sector
to be numbered Section 1857A, provid-
ing for the Maintenance and Suppor1
of the family of deceased person
pending the administration of his es'
tate"
In so far as the bill provides for the
widow or children remaining IN pos
session of the decedents residence
pending administration, and allow:
them to have the wearing apparel ane
household furniture of the family, an6
all property exempt from execution
and allows them a reasonable temper
ary provision out of the estate fol
their support and maintenance, you
of ha
But a further provision is made, tina
as a matter of final settlement il
course of administration, there shai
also be permanently set apart by tn
court to the widow or minor children
Tor eitherl a house and premises II
become the absolute property of the
family. even as against creditors (no
having liens thereono. The COMMITTEE
does not recommend this feature of the
bill
Your committee understands that i
is urged in support OF the Dill ina
provisions for setting apart a nome
stead for the widow and children O
a decedent have become common II
the mainland states, and the conclu
sion has therefore been drawn tina
these provisions are founded upon tht
view that the family is entitled to pro
vision of this kind even against credl
tors.
Reference to the laws of California
shows that beginning with line ant
extending through the words .'child o.
children in line %, the present bill Il
copied from the California code o.
civil procedure Article 1, Chapter
But if the California law is followed
because it is deemed an example II
point under the view referred TO, IT
alone, shows the error of the supposi
1ion a s to it's object. It's provisions 10
the setting apart of a homestead
have reference only to the specla
kind of legal homestead provided 70
in the next article of the chapter
which relates to the filing of declara
tions of homesteads by husband o
wife or both. The legal effect of, ant
the very purpose of, the filing of sucl
a homestead is to exempt the propert.
from execution for general debts. no
only after death of the homeSteade
but during his life. The property is n
longer liable for any debt or obliga
tion of any kind except taxes or mort
gage liens or charges voluntarily plac
ed upon il by the homesteader. I
could not, therefore, work a depriva
tion of the property from creditor
after death of the declarant. 1t coul'
not have been applied for their claim
in any case. In the sense of the Cali
fornia law, Homestead" is a yer.
different thing from the homestead
referred to in our own land laws.
The California homestead law com
bines with another feature of the law
of that state, that is, that there is III
estate in dover in the wife, or courtes'
in the husband on the death of tn
other All property acquired afte
marriage by either, unless acquired a.
IcrAn4;n,,na an paga TWOl