The Hawaiian gazette., 1907-04-12
LIQUOR BILL
IN SENATE
sENArr-roRrY-sEcoNp DAY.

sENArE-roRrY-sEcoND DAY.
The liquor problem is far from vet
tied and the Senate will have much
work to do in that quarter in conse
quence. II is practically agreed that
the licenses will be in the hands Of a
commission and that they will be
limited to one 20 every fifteen hundred
inhabitants. That will reduce the
number Of such places on this island
from 1874 to 40, healthy change. il
is not known how this wHl affect the
fshmarket surroundings; special legis
lation may be needed to reach that.
The House sent word that it had
sustained the veto of the Governor on
House Bill 1913.
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
as Chinese interpreter or no trials. The
Senators could not swallow Crawford
SO the bill was amended and while IT
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
echoed in the Senate and brought TO
mind story that was told by Coelho
few days ago. That there is strong
opposition to Pratt can not be denied.
Senator Hayselden reported on House
Bill No. IL MS follows:
WIDOWS RIGHTS.
The Judiciary committee submits the
following report upon House BIZ NO.
II, entitled IAN Act to Amend Chap
ter 122, Title XVII, Revised Laws OF
Hawaii. by adding thereto, at the end
thereof. new and additional section
to be numbered Section 1S57A, provid
of the family of a 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 allows
them to have the wearing apparel and
household furniture of the family, and
all property exempt from execution.
and allows them a reasonable temper
AIRY provision out of the estate for
their support and maintenance, your
committee approves OF the same.
But further provision is made, that
as a matter Of final settlement in
course of administration, there shall
also be permanently set apart by the
court to the widow or minor children
Tor either) a house and premises to
become the absolute property of the
family, even as against creditors tnot
having liens thereon). The committee
does not recommend this feature of the
bill.
Your committee understands that 1t
Is urged in support of the bill that
provisions for setting apart home
stead for the widow and children of
a decedent have become common in
the mainland states, and the conclu-
sion has therefore been drawn that
these provisions are founded upon the
view that the family is entitled to pro-
vision of this kind even against credi-
tors.
Reference to the laws of California
shows that, beginning with line and
extending through the words child or
children" in line 20, the present bill is
copied from the California code OF
civil procedure. Article !, Chapter 8.
But If the California law is followed
because II is deemed an example in
point under the view referred to, 1t,
alone. shows the error OF the SUPPOSE
tion as to its object. Its provisions for
the setting apart OF a homestead"
have reference only to the special
kind OF legal homestead provided for
In the next article OF the chapter,
which relates to the filing OF declara-
tions of homesteads by husband or
wife or both. The legal effect of, and
the very purpose of, the filing of such
a homestead is TO exempt the property
from execution for general debts, not
only after death OF the homesteadsr
but during his life. The property is no
longer liable for any debt or obliga-
ton OF any kind except taxes or mort
gage liens or charges voluntarily plac-
ed upon II by the homesteader. II
could not therefore, work a depriya-
tion OF the property from creditors
after death OF the declarant. 1t could
not have been applied for their claims
In any case. In the sense of the Cali
fornia law, a homestead" is a very
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 no
estate In dover IN the wife or courtesy
In the husband, on the death OF the
other All property acquired after
marriage by either, unless acquired as
the special separate property OF either,
Is termed community proprty, which
Ia law is regarded as owned by them
Jointly on sale Of real estate wife
does not release dover for she has
nonei but she Is a necessary party
ETAHNRV Ia h4r t.f