The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-06-05

and honor of having laid with a mas,
terlv bgt unframed mind the founda
ton for civilized and constitutional
government in the Hawaiian Islands
Particularly is this true with regard
Ia orr present judicial system. The
territorial divisions and subdivisions as
they were established by him for gem
eraI governmental and judicial purposes
have been reta ined with but little
change, and the principles Of right and
justice incuIcated by him abide with
Us still. The so-called courts prior to
and as they were modified during the
reign of Kamehameha, were three: the
supreme court, presided over by the
king; the island courts. presided over
by the respective governors of the is
lands, and the district courts. presided
over by the chiefs. OF the district
courts, one class had jurisdiction in the
matter of taxes, while the jurisdiction
of the other class was similar to that
of the district courts at the present
time. In this arrangement we can
readily recognize the foundation and
groundwork Of our present judiciary.
But, aside from these governmental de
tails, important though they were and
are, beyond and above all else, Kane
hameha. not outstanding his unlimited
and absolute power. constantly sought
to instill III the minds of his people
the indispensable principles of honesty
and justice, sobriety and industry. a..
well as the individual rights Of man.
These vital principles he bequeathed TO
his people as a priceless heritage.
"That we may obtain a better under
standing Of our judiciary as we'll as to
determine with what success it has la
bored in these islands. let US pause and
consider some of the early constitu-
tional and statutory provisions, thus, as
it We're, imbihe some of the spirit and
sentiment which prompted these acts
and doings of days long since passed.
Some of the laws formerly in force
were enacted a. far back as 1898. and
others had their origin as early as 1923.
But il would seem that there was no
regular legislation until 1910.
GAS already stated. the first consti-
tuition was adopted October the sth,
1910. Kamehameha III. was the King.
Among the provisions of this constitu-
ton were these: THAT no law shall be
enacted which is at variance with the
word of the Lord Jehovah, or at vari-
ance with the general spirit of His
word. All laws of the Islands shall be
in consistency with the general spirit Of
God s law
''That 'AIi men OF every religion
shah be protected IN Worshiping Jeho-
vgah. and serving HIM. according to
their own understanding.
"That 1.-The law shall give redress
TO every man who is injured by another
without a fault If his own,
shall punish all men who commit
crime
''That No man shall be punished I'M
less his crime be first made manifest
And that No mar or chief shall be
permitted to sit as Judge or act on a
jury to try his particular friend Cor
cnemv), or one who.is especially con
uected with him. Wherefore if any
snail afterwards be made to appear,
that some one who tried him acted with
rartiaiity for the purpose of favoring
his friend Cor injuring his enemy, or
for the purpose of enrichjng himself
then there shall be a new trial allowed
before those who are impartial.
"Thon follow provisions respecting
the Premier; Governors; House Of Nc
bles; Representatives: Tax Officers; and
Judges.
Now let MS briefly glance at some
of the early Legislation An Act Of
November q, IS4o, provided for two
forms of taxation:
GA poll tax. to be paid in money and
land tax TO be paid in swine.