The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-04-01


| sheriff s being granted the power to
| appoint their deputies, but he saw a
number of defects in the bill which
| he was confident would initiate against
| its enforcement He declared that
there would be an unavoidable conflict
| between the sheriffs and their deputies
at the expiration of the present term.
Makekau said that he was prepared to
introduce another bill that would meet
the objections he believed TO obtain
against House Bill No 80.
Senator Robinson moved to defer the
bill, until Friday but withdraw his mo-
| ton so Senator Smith could express his
views on the subject.
Smith Supports It.
| Senator Smith declared that there
was plainly marked tendency on the
part of the people to place the ap-
| pointive power of subordinates in the
| hands of principles responsible for their
actions. He declared that an elected
| subordinate may be entirely out Of
sympthay with the policy of his su
perior and yet the superior-in this
case the sheriff-would be officially re
| sponsible for his subordinate IS acts.
1.-The passage of this bill will be
step in ADVANCE he said. - From
personal experience / am convinced
that it is essential for the proper en-
forcement of the law that the deputy
sheriffs be appointd by the sheriff, and
not elected by the people. -
Senator MsCarthy also supported the
bill, and his amendment to strike out
the provision for approval of the dep
o4xr xT-ae oarrioI IN
the second of Quinn.
cit is great mistake to have the
deputy sheriffs elected - said MeCar-
thy. "The sheriff is responsible for
the deputy sheriffs and he should GER
tainly have the sole privilege of nam
ing his assistants.
The bill then received the final in.
dorsemeRt of the Senate, the only dis.
senting votes being east by Coelho and
Baker.
Veto Is Sustained.
The Governor s Message No. IL, veto
ing House Bill No. II, was ON a spe-
cial order of the day and was sustained
on the motion of Senator Mccarthy, the
only dissenting vote being cast by Sen
ator Woods.
House Bill No. 100, designed to pre-
vent frivolous attachments passed
third reading with unanimous vote.
House Bill No q, providing for the
disposition of funds received from the
sale of certain public lands passed on
third reading without dissenting vote.
House Bill No. IA, regulating the
acquisition of private property for pub
lie works, received its final indorse-
ment
House Bill No. 152, providing for
penalty for fraud in conveyances of
real estate, passed third reading. 1t
takes the place Of the measure vetoed
by the Governor because of technical
defects.
House Bill No. 8, providing an in
come tax of two per cent on all amounts
over and about $4,000 per annum, was
referred to the Ways and Means Com
mittee.
House Bill 107, providing for air
brakes on street ears, was referred to
the Judiciary Committee, Senator Chill
lingworth observing that the measure
looked like "joke.
House Bill No. 173, providing for the
report by public accountants of public
funds in private banks was referred to
the Ways and Means Committee.
Right of Appeal.
Senate Bill No. 10, allowing appeals
by the Territory in criminal eases. was
considered on second reading. 1t start
ed off with some rather sultry remarks
by Senator Mccarthy as to the real
intent of the bill.
s'This bill is surely intended to al
| low an opportunity for the correction
of mistakes by the Attorney General s
department. said Senator Mccarthy.
81 move for indefinite postponement. =
President Smith took the floor in
support of the bill and said that Sena
| tor Mccarthy was wrong in his pre-
sumption as to the intent of the meas
ure.
ssThe bill is intended to give an op-
portunity of correcting injudicious de,
eisions of Judges he said. ''It is
| based upon a United States law that
| was enacted after able discussion and
| investigation in Congress. In some
| eases the interests of the people are
| manifestly lost by the absence of pro-
vision to allow appeal by the Territory.
Every safeguard has been placed about
the rights of the accused criminal and
as a consequence society is not always
protected This bill is intended to al
low the Supreme Court to exercise final
Judgment instead of one man. No
human body is infallible. This bill was
very carefully drawn by the Bar Asso-
| citation on the U. s. Statute and is rec
| ognized as forward movement in our
| judicial system. The important ques-
ton in conflict between our laws should
/ not be decided by one man.
| Senator Smith moved for the passage
| of the bill on second reading, but it
was deferred to Friday.
| House Bill $50, providing for the
payment of claim of the Volcano
| Stables and Transportation Company,
passed first reading.
House Bill Ice, carrying an appro-
| priation for $4,000 statue of Kane
hameha, was also received and passed
| on first reading.
Report on Claims.
/ The Ways and Means Committee pre-
sented a report ON Senate Bill No. io6,
providing for the payment of claims
against the Territory.
In the course of its report on the
bill the committee says:
s.Tba hill ne submitted * the result