The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-04-02

the Senate, defendant may 60 OF
liberty upon his own recognizance,
pending decision on the appeal.
The judiciary Committee majority
declared that as result of its investi
cations il is convinced that the present
law, by which the Territory possesses
no right of appeal is unjust TO the peo-
pie, whereas the defendants in crimi-
nal cases have too many technical ad-
vantages and grounds for indefinite
delays
Show Need Of Law.
In arguing for the passage of the
bill the committee majority says:
"No criminal should escape through
technicalities so, while the rights of
the defendant should be carefully
guarded, the Legislature has duty to
also guard the interests of the people
as whole. AS the law now stands
there are as many rulings of law in
favor of criminals as there are Cir
cult Judges. and there is no way to
settle these by final decision of the
Supreme Court"
Senate Bill No. 119, relating to Judi.
cial Circuits. passed on third reading.
1t amends Section 1875 of Chapter IA
of the Revised Laws by including, for
Judicial purposes, the lands known as
the ahupuaa of Olaa and the ahupuaa
of Keaau as a part of the South Hilo
district.
Senate Bill No. 122, providing tax
exemption for the encouragement of
diversified industries, passed third read
ing without dissenting vote. The
bill provides for the exemption of all
property used in the cultivation of
sisal and other products judged in the
struggling class, and includes an
amendment by Senator Baker designed
to prevent tax lodging upon the part
of those desiring to make unfair use
of the forty-acre exemption clause.
House Bill No. 80, fixing $3.50 as the
minimum wage to be paid public labor
ers, came up on third reading but was
deferred until Friday, after a request
for continuance voiced by Senator Fair
child.
Senator Fairchild said he was not
present Tuesday when the bill was con-
sidered at length. ~ feel that this
tends to limit the responsibility of the
County Supervisors, (" declared the Sen
ator from Kauai, "and 1 would like
to have it deferred to have an oppor.
tunity of looking closer into its provi.
sons. I think that the object of the
bill could be obtained in some other
way if some time was given In which
to study the matter out
Senator Makekau submitted as an
amendment to Fairchild Is motion to de-
fer, a motion that the bill be referred
to the Ways and Means Committee.
Vote Is Questioned.
President of the Senate Smith OBJ
served that he concurred in the views
expressed Tuesday by Senator Moore,
who declared that minimum wage
rate could not be enforced on contrac-
tors undertaking public works.
''There is no daily wage in con-
Tracts said President Smith.
There were few scattering votes
on the motion to refer the bill TO the
Ways and Means Committee and when
President Smith said that the motion
was carried Senator Mccarthy ques.
toned the vote.
| A rising vote was then taken, show
| ing that the motion was lost. Senator
! Woods then moved that the bill be
deferred until Wednesday.
Senator Harvey was against further
| delay and moved that the bill pass
| third reading.
Senator Fairchild said that the Gov
ernor could not be consistent and sign
: the bill in its present form.
! ~ don't care how my attitude in
this matter may be construed" said
Senator Fairchild. "The object Of
such measure can be attained in an
other way. What is the use of going
ahead and running the risk of veto. -
| Senator Fairchild declared further
that the tendency was toward the plac-
ing of more discretionary power in the
hands of the county officers while the
! bill, if passed, would contribute to an
! exactly contrary result.
| Senator Woods said that he was in
favor of granting continuance to give
the Senator from Kauai better OPP
portunity to consider the provisions of
the bill, since he had been forced to
be absent from the Senate during the
discussion of the bill.
Harvey Objects.
Senator Harvey expressed a deter
mined opposition to further contin-
uance under any circumstances.
He stated that simply because one
Senator had not been present during
the discussion of a bill that fact was
not sufficient for a postponement.
"We might as well have a waste
basket handy and dump the bills into
it, remarked Harvey in conclusion.
It was plain that Senator Fairchild
was trife ruffied by the observations
of Harvey, but his attempted rejoinder
was prevented by Senator Knudsen
raising a point of order.
The motion to defer was lost by a
vote of seven to six. Senator Moore
was then Recognized by President
Smith, and Moore declared that he was
confident that there was no disposition
on the part of the Senate to rush the
bill through and he offered motion to
defer the bill until Friday, The motion
was carried.
When House Bill No. 80 was taken
up on third reading President Smith
called the attention of the Senators
to the necessity of giving closer con
sideration to the bills on third reading.
He again expressed his regret that the
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