The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-03-25

Senate bill No. 7S, the eminent do
main for the count es act, passed sec
ond reading on the adoption of the spe-
cial county committees report.
A communication from Treasurer A.
]. Campbell, in answer to the request
from the Senate, for information rela-
tive to the assessment Of forest lands,
was read and filed.
Senator Makekau gave notice of in
tention to introduce a bill relating to
trusts and especially relating to bust
ness of transportation.
For the Judiciary committee, Senator
; Smith made the following report
Your judiciary Committee reporting
upon House bill No. as, entitled "An Act
hegitimating Children in Certain
Cases, Amending Section 22Ss of the
Revised Laws" cannot recommend the
passage of the bill.
The bill provides that all children
born out of wedlock, irrespective of the
marriage of either parent to another
become legitimate on the marriage OF
the parents with each other and are
entitled to the same rights as those
born in wedlock."
The present law upon the subject is
contained in Section 22SS Revised Laws
of Hawaii, as follows: AN children
born out of wedlock, are hereby de-
clared legitimate on the marriage of
the parents with each other, and are
entitled to the same rights as those
born in wedlock," and the bin under
consideration seeks to amend the sec
ton so as to permit the legitimating of
children by the subsequent marriage
of their parents, Notwithstanding that
when such children were born either
parent, or even both parents, were
: married to another or others.
The plan proposed by the bill ex-
ceeds the utmost range of subsequent
legitimization which we have been able
to find. From early times it has been
rigidly held that the subsequent legi-
: limitation of children born out of we'd
lock should only be permitted in case
: of conception and birth of children
whose parents, although unmarried al
the time, were under no disability
; which would have prevented a Lawful
marriage between them. The idea was
based upon the very fiction of law, in.
E vented to remove from innocent chill.
3 dren the stain of bastardy, that as the
parents might have been or could have
been married to each other the law
= would permit them to be considered az
though they had been so married.
But so far as we have been able tc
ascertain the plan of leg.timizing chill
dren has never been extended to chill
dren born of parents who could not
by any possibility have been able to
contract legal marriage with each 9TH
err at the time.
Your committee believes that the
law as it now stands covers all range
that is proper. The effect is to en-
courage into an honorable relation of
lawful marriage what has heretofore
been Illicit and injurious TO society,
and to some extent relieve the oppro-
brium of bastardy. But to go further,
and permit persons, one or both being
already married to another or others,
and incapable of lawful marriage with
each other, to indulge in adultery, and
enable them to proceed therein upon
the assurance that however many chill
dren may result from such unlawful
relations, such children may always be
ligitimated by their parents at any
time when freed from their present
matrimonial bonds, would tend to de-
Igrade the sacredness of marriage. 1t
would, in the words of our own Su-
preme Court, expressed in the case of
Kekula vs.. Pioewa, Haw. 294, in
which case this very subject was con-
sidered, tend to inspire those who
have formed such an adulterous al
lance with a desire to put their lawful
partners out of the way, or to get rid
of the obligations of marriage in some
manner"
1t may be that the proposed amend
ment is very much desired to enable
some special person or persons to be
iegitimated, who cannot, under the
present law, be so benefited. But
your committee submits that it would
be unwise, however. deserving those
persons might be, and with all res
pect to the intent to right suffering in
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