The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-03-25

The bill provides that "au 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 228S of the Revised
| Laws Of Hawaii. as follows: "An chill
dren born out Of wedlock are hereby
| declared legitimate on the marriage OF
| the parents with each other, and are
| entitled to the same rights as those
born in wedlock'' ana the bill 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 We're born, either
parent or even both parents, were mar
ried 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
Iegitimizatfon of children born out of
wedlock should only be permitted in
dren whose parents, although unmar-
ried at the time, were under no dis
ability which would have prevented
lawful marriage between them. The
| idea was based upon the very fiction
| of law, invented to remove from in
nocent children 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 as though they had been
| so married.
| But so far as we have been able to
ascertain the plan of legitimatizing
children has never been extended to
| children born of parents who could
not by any possibility have been able
to contract legal marriage with each
other 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 fur
! Their, and permit persons, one or both
being already married to another or
others, and incapable of lawful mar
riage with each other, to indulge in
adultery and enable them to proceed
therein upon the assurance that how
ever many children may result from
such unlawful relations, such children
may always be legitimated by their
parents at any time when freed from
| their present matrimonial bonds,
would tend to degrade the sacredness
of marriage. It would, in the words
of our own Supreme Court, expressed
in the case of Kekula VS.. Pioewa, 4
| Haw. 224, in which case this very sub
ject was considered, tend to inspire
those who have formed such an adul-
| ferrous alliance with desire to put
their lawful partners out of the way,
| or to get rid of the obligations of
marriage in some manner"
! It may be that the proposed amend
ment is very much desired to enable
some special person or persons to be
legitimated, who cannot, under the pre-
sent law, be so benefited. But your
committee submits that it would be
unwise, however deserving those per-
sons might be, and with ali respect
to the intent to right suffering in
| nocence to open the wide way for
looseness in marriage relations, which
! in their general moral effect upon the
public might work untold injury and
| even become the direct cause of in
| creasing the number of such unfortu-
| mates.
Your committee recommends that
the bill be tabled.
THIRD READING.
There We're but two bills ready for
third reading on Saturday. Senate Bill
SO, relating to private schools, reported
on Friday, was ready but for some rea-
son Senator Woods asked that action
be postponed until Tuesday.
House Bill No. 90, relating to private
ways and water rights, provided that
the records in such cases should be
kept in the charge of the clerk of the
Supreme Court On motion of Senator
Smith, who had already signed the re
port recommending the passage of the
bill, it was decided to amend so records
would be kept in the Circuit Court
for if at any future time reference
had to be made to them they would
be convenient. The bill passed as
amended.
SECOND READING.
The typewriting record bill passed
second reading on the adoption of the
: committee report.
House Bill No. 1913, relating to livery
stables, passed second reading on thu
adoption of the report of the commit
tee.
House Bill No. 113 was laid on thu
table and substitute Bill No. rs, in
} troduced in the Senate, amended 81
as to read curious or needless driving