The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-02-27
pairing the judiciary building, Homo

pairing the Judiciary building, Homo,
lulu.
Douthitt presented bill, numbered
House Bill 81, to amend Section 1854
R. L., regulating the method of voting
by members of corporation at meet
ings for the transaction of business.
Third Readings.
The Administration Bill, House Bill
"a. appropriating $1,000 to pay miseella-
neous unpaid bills against the Terri
tory, passed on third reading without
debate or opposition, vote 20 to 0.
Single was not present, being excused
on account of illness.
House Bill %, Kaleiopu s bin -provid-
ing for the construction of public roads
through and from public lands opened
for settlement, secured the unanimous
vote of the twenty nine present on its
final reading.
House Bill SO, Long, providing that
the estate of an illegitimate person dy-
ing intestate shall go to the natural
heirs and not escheat to the Territ ory,
was read third time, Douthitt NOV
ing the final passage. Roll call was
reached without debate and the vote
was unanimous.
Rice's Sensible Objection.
House Bill. 20, Sheldon, empowering
court judges to assign counsel to de,
PENDANTS in all felony eases at a maxi
mum retainer of 800, chargeable
against the appropriation of the partic-
ular circuit, was up for third reading.
Rice wanted to know if this could
not be made to cost the government a
great deal and suggested that the bill
would put a premium upon crime and
make the government pay for both
prosecution and defense of criminal
eases. Rice recognized the fact that
defending a case as assigned counsel
without pay was a hardship on some
lawyers.
Sheldon in Defense.
Sheldon defended his bill, speaking
in Hawaiian. Did not think any hard.
ship on government was involved, the
matter of pay being within the option
of the court. Governor Frear had once
recommended such a bill. Now it is
hardship on the attorneys, many of
whom have to spend their own money
in assigned cases.
Kaniho in Line.
Kaniho moved the indefinite post
ponement Of the bill. Saw no right for
the House to pass any such bill to en-
able sly persons to get a lawyer at the
governments expense. According to
the explanation of the introducer. the
amount would come out of the appro-
priation of the various circuits, but
circumstances might arise to exhaust
all funds in one term and then an IN
paid bill would face the Legislature.
Thought attorneys who only paid
small license fee once should assist the
government Their fees from those
who can pay are large enough to allow
them to do some work for nothing.
Economy is the standard of the session
and this bill promises none.
Coney begged to differ. There must
be confidence in courts and judges and
the matter is now left to the discretion
of the court. The maximum amount is
only 800 and that is to be used to pay
costs and get witnesses. He believed
it to be Just bill and one that should
pass.
Douthitt saw way to meet Kaniho IS
objection by putting an item in the
appropriation bill as maximum
amount for the various circuits, over
which they might not go. He.objected
to Kaniho' IS reference to the lawyer s
license fee and also objected to an in
vasion of the lawyer right to collect
fees for the use of his knowledge and
training.
Rice asked if the Federal courts paid
assigned lawyers and when Douthitt
acknowledged that they didn't the
Speaker asked why. if rich govern
ment like the United States didn t
pay, why should the Territory, which
was poors eve would like to see the
attorney get something if we could
afford it. But we can't he con-
GUIDED
''The Main Thing
"The main thing is to get it on the
statutes,'' said Sheldon, speaking a
mighty truth from his standpoint, in
the course of another speech, this time
in English. On the other Islands the
lawyers have to travel long distances
on assigned cases. ''You can t consider
this pay he said appealingly. "Even
if lawyer received the whole hundred
dollars it would only be paying part
of his expenses.
Kaniho rose amid chorus of "ques-
tion,' asking permission to speak
again. He referred to Douthitt S limit
of expense as the limit of the appro-
priation and wanted to know if that
was a new legal point.
Sheldon enlightened him on the
meaning of the word discretion, and
Kaniho promptly recommended the fir
ing of the Printing Committee for in
competence in translation.
Correa defended the translation and
there was enough confusion to cause
the Speaker to call for order.
Kama opposed the bill and Alfonso
and Sheldon strapped over who had a
right to speak, Sheldon claiming the
last say and getting the floor.
Kaleiopu moved to defer, to give the
members a chance TO think it over, and
when this motion was lost, said:
Thirtv-threes years ago the attorneys
were made to defend the poor free of
charge. I see no good reason WHY they