The Hawaiian gazette., 1907-03-15

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.
the Territory of Hawaii:
Section 1. 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:
l. The prosecuting officer. or plain
tiff, as the case may be, and the de-
PENDANT, or his attorney. may state
their respective cases;
2. The prosecuting officer. or plain
tiff, as the case may be, must then pro-
duce the evidence on his part;
3. 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-
nent and fully ana fairly state his
theory of the case and the reasons
which entitled him to a verdict; the
defendant may then reply, and the
prosecuting officer, or plaintiff, as the
case may be, may conclude the argu-
ment, and in such conclusion to con-
fine himself to answering any new mat
ter or arguments presented by the de-
PENDANT or his attorney.
Section 2. All acts and parts of acts
inconsistent with, or repugnant to, this
act are hereby repealed.
Section 8. This act shall take effect
from and after the date of its approval
House Bill No. 81 was then taken
from the table. Senator Makekau
moved that the report be adopted.
Senator Smith moved indefinite post
ponement for the reason that 1t is a
health matter and the license would
enable the government to locate and
condemn fish of this nature that had
become unfit for food.
Senator Hewitt asked If bad salmon
could not be sold under license as
well as without.
the fact that there is a pure food law
in operation here and 1t would reach
violators.
Senator Chillingworth supported
Senator Smith and stated that the
pure food law was not being enforced
here, that there is a section of the
law relating to liquids and reported
violation of 1t is a matter of record.
Action on the bill was deferred.
House Bill 81 and the report were
taken up but on motion of Senator,
Makekau, action was deferred until
Wednesday afternoon.
When Senate Bill No. Al was taken
up Senator Makekau moved that 1t be
amended as suggested by Senator
Smith. He did not consider 1t right
to amend the report while the bill had
not yet passed. The President explain
ed the situation and the bill passed
second reading by the adoption of the
report.
Senator Hewitt, under a suspension
of the rules, reported from the Edu-
cation committee as follows:
Honolulu, Mar. IL. 1907.
Hon. F.. F. Bishop, President of the
Senate.
Fns "
whom was referred House Bill No. ~,
beg leave to report: The bill is a copy
Of the present law relating to truancy
and provides for an increase of the
being In all other respects the
same as the existing law and We re-
ipectfully recommend Its passage.
Senator Dowsett moved adoption of
the report.
Senator Smith said the present law
Imposed fine of five dollars and he
could not understand why 1t should |
be jumped to $50. Senator Hewitt re-
piled that he knew of children OF
school age working for sls a month |
having been arrested and fined. They |
did not mind the small penalty while |
they win dodge the larger one by GO
ng to school,
The report was adopted.
House Bill No. 112. relating to public
health, and House Bill No. 113, relat-
ng to use of autos and motor vehicles
within the district OF Honolulu, passed
second reading.
The House reported passage OF SEN
ite Bills Nos. 40, So and 8.
Senator Coelho then moved adjourn
nent until this morning.
It
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