The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-04-28
SILVERWARE HAS
ROUGH SAILING
BUMPED AROUND IN SENATE,
BUT FINALLY IS
PASSED.

tNAt AhN III AiE NAAnANNa VI AAWMhlAa III
all the former years Of its usage at the
tables Of royalty, and during all the
time that it was anxiously awaiting
customer, until a Republic saw fit to
give it to King, the Kalakaua silver.
ware never had such strenuous day
as it had yesterday. Already almost
within the grasp of the Delegate to
Congress, J. K Kalanianaole, by pre-.
vious resolution of the legislature, it
was at the last moment found to be i'm.
possible to give it away by this means,
and the house of representatives rushed
it through again ON joint instead of
a concurrent resolution.
So fast did the house speed it ON
its way to private hands a second time
that the silver-plated breath was quite
taken away from tia fact that did not
increase its happiness when it yesteB.
day was battered from pillar to post by
the senate. 1t was alternately reported
from committee, with the recommended.
ton to table, passed second reading,
referred back to committee, reported on
with the same recommendation. fought
on the floor of the senate, and then
passed on second reading after all. IT.
now awaits third reading with appre
hension. And even should it then PASS
1t faces the terrors of the executive
chamber upstairs, with its well-known
ideas of legislative propriety.
= The first report of the Judiciary com.
mittee of the senate, made yesterday.
called attention to the fact that Kala.
kaua was not of the same line of kings
as were the Kamehamehas, and then
went into long legal discussion whore
by 1T sought to prove that there was
no legal excuse to give the silverware
to the Delegate. Part of the report
read as follows:
" Your committee desires to call at
tentlon to misstatement of fact which
appears in this resolution, in that Ka-
mehameha W., to whom this chest of
sllverware was presented by the French
government, belonged to "A family of
chiefs which is now extinct and which
was different family of chiefs from
that to which the Hon. Jonah X. Kala-
nianaole belongs.
Even in the absence of this statu-
tory provision, your committee believes
that this legislature could not lawfully
order the transfer of the chest of silver
IN the manner indicated in the rcsolu-
ton. The property is public and the
use to which it is to be put is private.
The legislature is to make laws for
the public good and not for the beneRt
of individuals, says Cooley in his Con
stitutional Limitations, 9TH Ed. D. 1874.
!" If the Legislature chooses to declare
that the record of the Delegate to con
gress has been so eminent that some
public recognition thereof should be
made by this legislature, this might
make the resolution lawful. Although
this may not cure the defects above !
referred to, it has been suggested to
the committee that an amendment to
this effect would not be agreeable to
the Delegate, and the committee there.
tore has drafted no amendment in this
regard. -
The second report was even more
emphatic, carrying the same recon-.
mendation as the first which had not
been lived up to. A deal of criticism
was aimed at John Colburn for ap-
pearing with the statement that he |
would like to see the gift made. 1t |
was pointed out that Kuhio was not |
the only heir of King Kalakaua and |
that the gift should be made, if it was |
IN the nature of returning property, to |
all the heirs jointly. He explained |
that he was the guardian of the other |
heirs, the sons of Prince David, and he
did not object. 1t is understood that
the committee thought he ought to
have objected. Says the second re-
port, which was also unavailing:
"This resolution has been reported |
on by this committee on the theory
that the title to the chest of silver was
in the Territory of Hawaii. The reso.
luton was rereferred to the committee
to investigate the facts, it having been
intimated that the title to the chest
of silver as matter of fact was not
in the Territory.
Your committee has had two meet
ings and before it has come evidence,
oral and written, on this question of
title. The proponents of the resolu. |
tion have made the point that the chest
of silver was a gift from the president |
of the French Republic to King Kala- |
kaua during the early part of his reign. |
Reference was made also to an afida. !
Wit of William HAWAI-, now deceased, |
who used to be steward in the palace. |
This affidavit is somewhere in the gov.
eminent offices, but could not be found. |
Reference also was made to a letter
from Col. VIM. Allen to the Governor
ON this subject in which Colonel Allen
states that the chest was a gift to
King Kalakaua, and it was also stated
that Colonel Allen was collector of Gus
toms at the time, and must have known
about the gift.
''it was further argued that in the
separation In the palace of private from
public property many gifts of heads
Of States TO the King had been turned
over 10 the heirs of Kalakaua, as for
instance, his decorations, a large ward.
robe, the gift Of the King of Slam, and
q couple Of Japanese vases from the
Mikado, and therefore this chest could
With propriety be given TO the heirs OF
/ kalAkRua.
"on the other hand oral testimony
has been presented before your com,
miiiee b. Col Curtis =. Iaukoa 10 the
Ebert that during the reign Of King
| kHlakaua be Naa Ia the palace on and
on, aud vas familiar Hlih what went
on, Hnd that a 40 time during tho
/ fHinu If Hiau KaInssaua a Ia Iaa..Tl