The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-03-16
MEASURES SHEAR|NG
Of Governor
Senator Castle Finds Right TO
Appoint District Magistrate
Lies With Executive
Pacheco, Father Of Senate Bill,
Crates At Length On the
Merits of His Plan

ch VI lHt
committee the senate yesterday after
noon tabled senate bill and house
bill, each having for its object the
transfer, from the Governor to the
Judiciary department, of the appoint.
ment of district magistrates.
Senator Pacheco was father Of the
bill in the senate, while the house bill,
covering the same idea, was the child
of Representative Tavares. The only
difference in the bills was that Pa.
checo's sought to give the power Of
appointment into the hands Of the
chief justice of the supreme court,
while the bill of Tavares, passing the
house in that shape, provided that the
appointive power should lie with the
supreme court itself. f
Politics and Justice
Chairman Castle of the senate Judi
ciary committee pointed out, in NOV.
ing that his committee recommends
[ tions be adopted, that IL the power
was left to the supreme court, as q
court, 1t would require majority opin
ion TO make an appointment Of a dis
tfiet magistrate. His COMMITTEES did
not believe that II would be good
policy to mix politics with justicei
that il would be mistake to transfer
the appointments to the chief justice
or justices of the supreme court.
\ The chief justice, having been con
suited in the matter, said Castle
stated that such appointments wer'
purely in the jurisdiction of the exc
cutiye' branch of the governments
that they did not belong to hi
judiciary. Senator Castle snggesfe,
that II was a matter of policy whethe
the Legislature wanted to leave the mp
pointments with the Governor, or plac,
them with the supervisors of the vari
GUS counties. The Judiciary eomnlitte,
4 thought it would be best to leave tn
] appointing power where il is at pres
ent, with the Governor.
Pacheco demonstrates ta,.s
Senator Paeheeo asked for the !" aye
and noes" on the vote on the iudiciar,
committee Is report on his bill. Thi
was, n serious matter he insisted. Tn
mere fact that each house had put i
a bill calling for a change along Til
same lines, was proof enough that pnt
| lie interest was aroused in the matter
He said that he entertained very dc
cided opinions in this regard. He di
not believe that the appointment o
district magistrates was now in III
proper hands, and he believed tina
such appointments should lie with tn
judges of the supreme court, no mat
ter what the chief Justice may hav
had to say about it. The appointment
of a district magistrate, said Pachect
was a judicial function. There ba
been decided abuses, as everybod
, knew, in the appointment of magii
trates under present conditions, an
. there was altogether too much polite
: involved. a@v4 S...
: Hopes for Resurrection t3$. !.
By n vote of nine 10 six the senat
adopted the judiciary committees r,
port, thereby tabling Paeheco's bill
The six senators who voted againi
the report and therefore in favor (
g the bill, were Baldwin, Cooke, Desh,
y Pacheco, Single and Chillingwortl
Senator Pacheco and others of the 81,
r hope to effect reconsideration by ti
senate, for by winning over two vote
they may give the bill another chanc
Governor Joins Entertainers 8.
Senator Shingle reported for sena
Il cOnfer"os that the finance eommitte,
y had come to an understanding with r
T" ference to the proposed COMPRESSION
p visit. The time limit of the $4,000 a
II preparation would be extended fro
d September 20 to December 81, and Il
o Governor, the heads of the upper oil
g lower houses and three members fro
II each house would comprise the COMM
= tee of reception and entertainment
also, instead Of the committee atten
i ing to the disbursement of the fun
the territorial treasurer would hand
the business end.
/, Senator Makekau said he meant
- di.cOLrtcsy to anybody, but il was n
y according 70 proper proceedings for
!, conference committee to put new ide
- into a bin; the committee could a
:, only on such matters as were contain
. in the measure. He remembered tn
n. in the session Of 1909, when W.
Smith vas. the senate leader, he b
,r ruled that conferees were not permit
n to make new amendments. HoweyI
,e he would not insist on the point. :
ID Computation Of Incomes t..,
n Senator Shingle introduced q bill
". amend Section 1908, Revised Law
a. 1915, providing for the computation
II. incomes for taxation, the amendme
at adding to the deductions allowed
d, "ircuding reasonable allowance (
he the exhaustion, wear and tear of 81
IS, perry arising ont of its use or emplC
mcnt in business or trade"