Year: 1870




Reports Of Committees = The Committee to con-
slider all resolutions and petitions for money for in
ternal improvements, reported consideration OF
several, most of which they reported adversely to,
but approved the following: for breakwatcr at
Lahaina S4O0 and for roads in Lahaina, 81 000 Re
port approved.


The Committee on Internal Improvements re-
ported adversely the petition for representa-
tive for the women in each gubernatorial district,
and to the petition that the birthday of Kameha-
meha III be made public holiday; adversely on a
petition requesting that the Ministers be chosen
from the nobility; adversely on the petition that
the Oahu mail-carrier receive s12 per month; ad-
versely on petition praying that the animals OF
tenants may run free on konohik lands. Report
approved.


Mr.. Martin reported, from Committee on miscel-
laneous petitions consideration of several, but as
the House had already disposed of the subjects,
they recommended tabling the petitions. Report
approved.


the time in which Bills may be introduced be
heightened to the LIST of July. Carried.


Mr. Hitchcock offered a Resolution that the Bill
entitled IAN Act to regulate Criminal Procedure -
be taken from the Committee of the House and





sderation, and that they be instructed TO report on
the same at the next session of the Legislature


Mr. Kuapuu moved to amend that all other Bills
be considered first and when they are all disposed
Of that the House do proceed to consider this Act


His Ex, Mr.. Phillips, stated that he was not pre-
pared to oppose the Resolution offered, but he
thought that a necessity did exist for the lava
serious necessity, in fact,-and in cases that might
arise drr:utr corninr nerfod troubla rrorlS ko
apt to ensue In a matter OF such importance,
however all possible consideration should be taken,
and he certainly would be the last to withhold this
matter from the consideration of the Judicial
Bench.


Mr. Thompson was opposed to the Resolution of
the Member for Hilo. This law, in his opinion,
would not be improved or bettered by deferring
action .npon it; the whole subject had been very
carefully considered, and was ready to become a
law.


Mr.. Kahauleio supported the Resolution, but
moved to amend that the Bill be referred to a
Special Committee for examination, and that they
report at the next session OF the Legislature


Mr.. Lyons was opposed 10 the Resolution; this
House was as capable of careful examination and
critical consideration as the next Assembly would
be. The Bill had been introduced and constructed
by an officer of the Government, who was as fully
able to attend to the matter as any man or collection
of men. He had after careful study and conference
with those best able to aid him,-the lawyers
brought in this Act and it was now proposed to
refer the matter to the Judiciary Department. He
was opposed to it; that Department was very pow
erful already, and he objected to placing any mere
power in their hands. 1t was contrary to the true
| principles of government.


The House again took up the discussion Of the
resolution


! The motion of Mr. Kaukaha to indefinitely post
pone further consideration of the Resolution was
I carried.


/ Mr.. Naukana offered Resolution that Be,tnetfs s
Orn be included in the list of papers taken by the
/ House. Passed.


Resolution was introduced by Mr. Pilipo, that
the Minister of Foreign Affairs do report to the
House the expenses attending the negotiation of the
Reciprocity Treaty with the United States Pend
ing discussion of the Resolution, the House took up
the Order of the Day.


On motion of Mr.. Ahoo, the order of the Day
was taken up. First in order was the Bill to regu-
late Criminal Procedure, upon which the House
went into Committee, Mr.. W. P Kamakau in the
Chair. The motion before the Committee was to
indefinitely postpone Section 1st and the whole Bill
His Ex Mr.. Hutchison supported the motion, and
gave his reasons very clearly.


His Ex Mr.. Harris said that during the course of
the debate be might renew the motion of Mr..
Hitchcock to refer the Bill to the Judiciary. He
could say for the Justices Of the Supreme Court
that they did not wish TO thrust their opinion before
the Assembly, and had not asked That it might be
done. Much had been said in praise OF the lawyers
Of the country, and that they had q right to be
heard in the House; there those who had a
right to be heard, who were not connected with the
Bar. He had heard with pleasure that the Bar of
the country was much sharper and shrewder now
than In former years; he was glad, for sharp set
of lawyers were of value TO a country. There
those who threw into the shade the names Of Fair
bank, Bates Montgomery, Kaauwai, Kauwah Mai
kai and Others not to say himself yet these had been
able to practice in sHch manner as TO commend
themselves to the country Whence had arisen the
difficulties that had been observed in the last few
years? He was glad to acknowledge that he who
held the seat for Honolulu, which be held then,
sharper and more careful than he himself was
He called the attention of the Assembly TO the S30ih
Section Of the Civil Code, where the powers of the
Supreme Court were designated Under the pro-
visions of that law, some men who had been an
honor TO the Bench as well as an honor to mankind
had been able to correct the imperfections in the
working of the lower courts. With ali Difference
TO the knowledge Of those lawyers who bad framed
this law, he asked where they could better those
provisions.


In Section SS3 of the Civil Code it was stated that
the Supreme Court should have the power to make
provisions for all not otherwise provided for
and this had been done these many years past with
justice and honor to the whole people and the King
He had not the honor to be present with that con-
vocation of learned men who framed this law, but
If he had, he should have asked them if they could
improve upon fhe provisions Of the laws as now
existing and which had been so well administered
during these many years. The object of this Bill was
to place upon the Courts grip which they could not
avoid or be rid Of except by appeal to the Legis
lature 1t had been said that the Bill protected all
the rights Of His Majesty and OF the whole people,
besides it had been introduced by the Attorney
General, which guarantee of its correctness
aud goodness He took issue here at once The
Attorney y-General had introduced the Bill as the
head Of the legal profession not in bis capacity as
Minister; and as lawyer, be had understood the
subject He would suppose a csse, as of several
lawyers who had been ruled against by Judge COM
ing before the people with the ;lg that they were
wiser than the Judge; and i-- rould pass law
to bind and fetter him. He would not hint that
these gentlemen were Influenced by the same mo-
tiyes as himsef or by the same passions, but be