The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-03-02

Sheldon objected because the commit
tee had not stated whether the item
was a good one OF not.
Resolutions.
The following things are what the
members thought of in the morning
i session:
Kawaakoa-$5o, 900 for completion of
belt road from Keanae to Hama, Maui. |
Kawaakoa-$500 for new Jail at Ke-
anae, Maui.
Kawaakoa--$2oOO for moving Kaupo
schoolhouse to new site.
Cohen-$75, 900 for improving and re.
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 a corporation at meet
ings for the transaction of business.
Third Readings.
The Administration Bill, House Bill
"a, appropriating $2700 to pay miscella.
neous unpaid bills against the Terri
tory, passed on third reading without
debate or opposition, vote 30 to 0.
Shingle was not present, being excused
on account of illness.
House Bill 20, Kaleiopu Is bill 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 60 to the natural
heirs and not escheat to the Terrii 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 cases 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
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
) cases. Rice recognized the fact that
5 defending a case as assigned counsel
r 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
1 matter of pay being within the option
of the court. Governor Frear had once
t recommended such bill. Now it is a
: hardship on the attorneys, many of
whom have to spend their own money
q 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 lawyer at the
government g expense. According to
II the explanation of the introducer, the
d amount would come out of the appro-
= priation of the various circuits, but
circumstances might arise to exhaust
n all funds in one term and then an un.
d paid bill would face the Legislature.
Il Thought attorneys who only paid a
If small license fee once should assist the
i 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
i, and this bill promises none.
=, Coney begged to differ. There mus'
y: y. be confidence in courts and judges and
~ the matter is now left to the discretion
30 of the court. The maximum amount is
~ only 800 and that is to be used to pay
III costs and get witnesses. He believed
6. it to be just bill and one that should
ol pass.
le Douthitt saw way to meet Kaniho 7
lg objection by putting an item in tn,
an appropriation bill as maximum
d. amount for the various circuits, owe
he which they might not go. He objected
to Kaniho's reference to the lawyer
a license fee and also objected to an in
of vasion Of the lawyers right to collec
es fees for the use of his knowledge ant
tn training,
ed Rice ASKED if the Federal courts pai
lr- assigned lawyers and when Douthlt
he acknowledged that they didn't tn
on Speaker asked why, if rich govern
Ilv ment like the United States didn
IN. pay. why should the Territory, whic
was poorl "We would like to see tn
attorney get something if we coul
afford it. But we can't he col
cluded.
nut ''The Main Thing
~. "The main thing is to get it on til
ny statutes said Sheldon, speaking
"a mighty truth from his standpoint,
nu the course of another speech, this tin
~ in English. On the other Islands II
"a lawyers have to travel long distance
ou. oa. on assigned cases. "You can't consid
oa eaa this pay" he said appealingly. Eve
IVA nos if a lawyer received the whole hundr'
'n 'nd dollars it would only be paying a pa
har of his expenses.
't Kaniho rose amid chorus of "que
ona me- tion," asking permission. to spes
'"' again. He referred to Douthitt's linn
of expense as the limit of the appr
priation and wanted to know if tn
I'M was new legal point.
US Sheldon enlightened him on
arf meaning of the word discretion a
be Kaniho promptly recommended the I
Dill, ing of the Printing Committee for
for competence in translation.
in Correa defended the translation
the there was enough confusion to -car
ted the Speaker to call for order.
iatA ha hill and AffDI