The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-04-07

| majority and minority report on the
bill, Chillingworth and Makekau sup
porting the measure, and Chairman
Knudsen dissenting. He stated that
| he thought the decisions of the super
visors should be final.
Makekau did not see why an elect
| ed officer should be deprived of the
| right of appeal when man charged
| with the most trifing offense in the
| District Court could have the merits
Of his case decided by higher
tribunal He said that supervisors
were not apt to possess any legal
| knowledge. The Senator from Hawaii
said that a board of supervisors of his
county had been unable to tell the diff
ference between sitting as a regular
county body and acting as board
| of impeachment. He said that he cited
it as an indication of the danger of
leaving arbitrary power in the hands
of the supervisors.
| Not Local Question.
ritory should not bear the expenses of
a lot of legislation the only cause of
which was some mistake by the Board
| of Supervisors of the County of Ha-
wall. He moved that the minority re-
port be adopted, recommending tabling
! the bill.
Mccarthy supported the views ex-
pressed by Makekau. He stated that
at first he opposed the bill, but was
now convinced that the idea was a
good one. Mccarthy pointed to the
possibility Of the Democratic Minor
ity" of the Board of Supervisors of
| the City and County of Honolulu be-
ing deprived of his Office by the ma
| iority.
81 don't say they would do such a
thing commented Mccarthy, "but
| they certainly could do So on trumped-
up charges. / believe an elective Of
fcer should have the right of appeal
from a decision that would deprive
him of his place.
President Smith asked if it was the
usual custom to allow appeals from
the decisions of boards of impeach-
ment. He observed that there was no
provision for an appeal to a court from
decisions of the u. s. Senate, sitting
as an impeachment board for the trial
of the President of the United States.
"We should profit by the experience
of Others said Senator Fairchild.
"There may be good practical reason
for the removal of public official, but
which could not be accomplished with
all the technicalities of the law. I
don t think the public would stand for
such a thing as Senator Mccarthy sng-
gests-the impeachment of a minority
member of the board of supervisors
simply because he happened to be a
Democrat. -
Weakness Is Shown.
Senator Baker voiced some slightly
incoherent comments on the bill and
thought it would be an excellent idea
to postpone it. Senator Knudsen' IS mo-
ton to table was lost, and the vote
was about to be taken when Knudsen
fired his last shot and it proved to be
good enough to prevent the bill from
passing on second reading.
would like to know,'' said SEN
ator Knudsen, the grounds upon
which an appeal would be carried to
the Supreme Court. Would it be upon
questions of law or fact2'
The Senator from Kauai pointed out
further that the supervisors would not
consider a case in the manner of a
Circuit Court, and he failed to under
stand how the Supreme Court could be
expected to handle appeals from a non-
judicial body.
Select Committee.
Senator Chillingworth said that the
point raised was a good one and said
that there should be some provision in
the bill for transcript of evidence.
before the board of Impeachment A
motion was then made to refer the bill
to select committee, President Smith
naming Baker. Quinn and Kalama to
reconsider the BILL
House Bill No. 30 providing for the
construction of roads in public lands
opened for settlement, was taken up
ON second reading, but was deferred
until today on the motion of Knudsen,
who stated that Fairchild wanted ad-
ditional time in which to present an
amendment. This is the bill that pro-
duced debate in the Senate Monday
as to the proper official to do the work
of road construction in public lands.
House Bill No. 85, relating to the
enrolment of men available for the
ih1litid, passed. second fead1nS through
the adoption of the favorable report
of the Military Committee.
The Statue Bill.
House Bill No. 166, is now in the
hands of the Ways and Means Com
mittee. The measure carries an appro-
priatfon of $4,000 for the erection of
statue to the memory of Kamehameha
LII. The Judiciary Committee reported
on the bill Monday, recommending that
the money be used for the erection
OF several statues to persons equally
entitled to the appreciation of pos
terity.
When the bill was taken up yester-
day Senator Chillingworth stated since
making the report the committee had
become convinced that bill disposing
of $4,000 should receive the consid-
Grafton of the Ways and Means Com.
mittee.
Chairman Fairchild of the Ways and
Means Committee admitted that Kauai
was entitled to consideration in the
matter, since they had candidates for
statues Just as much entitled to the