The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-03-13

in6nI ne spoke OF some growers VINO
are claiming exemption from all taxes
The man who is in the industry solely
to make it a success IN some instances
IS paying five to fifty dollars an acre
per anrum rental and the owner of the
land claims exemption from income tax
to that amount.
Senator Smith agreed with Senator
Dowsett regarding the property tax but
asked that pineapples be left in the bill
on account of the men who have re-
Gently gone into the business of culti-
waiting them on Hawaii. On Oahu the
cultivators do not need the exemption
but on the other islands they do.
The motion to insert was lost.
Senator Hewitt moved to insert the
word ''arrowroot" after ''cassava.''
Carried.
Senator Dowsett moved the passage
of the bill on second reading as amend
ed and the motion carried
Representative Sheldon, with the aid
of his colleagues, is doing a little bit
of class legislation that will certainly
put the house in ridiculous light. Mr..
Sheldon does not want any material for
use on government work, purchased
from aliens. In this connection some
OF the people in the visitors gallery
are asking themselves if Sheldon is so
prejudiced against aliens that he will
not deal in a Nuuanu street store while
in the city or patronize a Chinese cof-
| fee shop on Kauai. The bill passed
first reading in the Senate.
House Bill No. 43, relating to barber
shops, and House Bill Sc, relating to
deputy high sheriffs, also House Bill
| "a, relating to counties, passed first
reading
| Senator Kalama, from the Miscella-
neous committee, under suspension of
| the rules, reported on House Bill No.
/ q, relating to the sale of salt salmon.
| The report contained a recommendation
| that the. words date of it's approval
be stricken from the bill and from and
after July l, 1907 be inserted. The
report was laid on the table to be con-
sidered with the BILL
| Senator Smith reported as follows on
Senate Bill No. Al.
| The judiciary committee report con-
sideration of Senate Bill No Al, entitled
AN Act to Regulate the Conduct of
the trial of Civil ana Criminal causes
and to repeal Section 1897 of the Re-
vised Laws of Hawaii.
Section 1897 of the Revised Laws re-
lates to the order of proof and argu-
ment in the conduct of jury trials, as
follows:
The Territory or plaintiff as the
case may be- shall be entitled to open
the case to the jury and to present the
proofs. The defendant, or his coun-
sci, shall first, after the close of the
ha in
facts; after which the opposite side
shall be entitled to the closing argu-
ment upon the facts"
Likewise in Section 1853 of the Re-
vised Laws it is provided that in every
civil case when all the evidence has
closed, the defendant shall sum up his
defense to the court or jury and the
plaintiff shall have the right to close
the debate after the defendant has fully
ceased.
The bill under consideration provides
the order in which the prosecuting Of
ficer or plaintiff and the defendant
shall respectively present evidence and
when the evidence is concluded the
prosecuting officer or plaintiff, as the
case may be, must open the argument
and fully and fairly state his theory
7
titled him to the verdict; the defendant
may then reply, and the prosecuting
officer or plaintiff, as the case may be,
may conclude the argument.
We believe the provisions of the act
are good but that the prosecuting Off
Ger or plaintiff, in his reply to the de-
PENDANTS argument should be restrict
ed to new matter or arguments pre-
scented by the defendant or his attor-
ney.
Furthermore we believe that this |
manner of conducting a trial should |
not only be confined to jury trials but |
should follow in the trial of all cases
whether civil or criminal in any court |
of the Territory. Therefore we have
amended the bill accordingly and sub
nit an amended copy herewith, which |
we recommend be enacted.
An Act to Regulate the Conduct of |
the Trial OF Civil and Criminal Causes. |
Be it Enacted by the Legislature of |
the Territory of Hawaii:
Section l. The trial of every criminal |
and civil cause in any court of the Ter
ritory shall proceed in the following |
order, that is to say:
1. The prosecuting officer, or plain |
TN, as the case may be, and the de- i
PENDANT, or his attorney. may state |
their respective cases;
?. The prosecuting officer or plain /
tiff, as the case may be, must then pro-
duce the evidence on his part:
s. The defendant may then open |
his defense and offer his evidence in
support thereof;
4. The parties may then respectively
offer rebutting evidence only;
5 When the evidence is concluded,
unless the case is submitted on either
side or both sides without argument.
the prosecuting officer, or plaintiff, as
the case may be, must open the argu-
ment and fully and fairly state his