Year: 1872




afflicted with this disease would operate to keep
4 them from visiting it from shame This objection
could be overcome if the medicines aud advice were
furnished at the Queens Hospital or at some drug
store There are some who urge that ustiye has
no such sense Of shame but cannot believe this TO
be the case unless it may be that the class who have
been registered under the law Of 1850 have had this
sense OF shame crushed ont Of them by It's workings,
they might not object. The idea Of giving advice
and medicines to those who may be afflicted with
the disease upon application is grand, good one
and no one in this Assembly should oppose it. The
objection that has been urged is not so Weighty As
10 prevent me from voting for the section, as the ad-
vantaEes TO be derived outweigh the objection.


Motion to indefinitely postpone put to vote and
lost


Section . read


Mr KAai thought that this section ought 10 alnde
only to common prostitutes and not TO all classes OF
natives it was in his opinion far too sweeping; ard
some distinction ought to be made between the bet
ter classes Of Hawaiiaus, and the common prosii-
tutes OF the place De should vote against this sec
tiou, but liked the general tone Of the bill,


Mr.. Kahauanui was in favor Of the Section, as he
thought il was the intention 10 cure this disease in
all the districts and be was aware that there was a


great deal about the country aud it was the duty Of
the Legislators TO iuact such laws as would check
the spread Of disease that daily reducing the
numbers OF our population.


His Ex the Minister Of the Interior explained 10
the House the necessity OF giving full power TO the
Government treat The disease which was the iuien-
tiou Of the Bill now under discussion, but the Act
did not reach any woman unless she was sloa-H TO
be s common prostitute This Bill does not give
any more power than the Law OF 1850 which had
been working for the past twelve years without
many complaints, and that the working Of the
law now discussed, in his opinion, would be
very satisfactory in comparison with the old law,
as the people would now have the benefit Of the
old law. Is well as the benefits introduced BY
this Bill He hoped the Members would not
think that this law would cure tie disease entirely
and free the people from it, because that could not
be done, no law could co more than mitigate the
disease


Hon. Nj Bishop sid he had but very little fear
that the law would be abused. but feared that il
would not amount 10 much, as II did not give sufi
cient power to reach those it was intended 10 reach,
and in that respect 1t was not Is good the old one
The working Of 8 law OF this nature depended very
much upon the. person in whose hands the law Was
~ Jaw 10 f--e
At times 10 be arbitrary but lie had very little fears
Of any innocent or viuous parties suffering by it,
and he hoped the King would withhold his sigua-
ture from the Bill TO repeal the =. Act to mitigate
if the Bill now under discussion should fail to pass
this House. There was great necessity Of trying
something to stay the rava-es Of this disease and
would the House just talk over it, or do something
that would tend 10 have The desired effect.


His Ex the Minister of Foreign Relations sgreed
with the remarks made by the last speaker, and
thought the "Act 10 mitigate, &c, which was re-
pealed much better law than the one under dis
cussion. and on that he has defended for the past
thirteen years.


Mr.. Carter said his vote viii 20 TO sustain the mo-
tio1 10 indefinitely postpone this Bill Sitting here
Is Representative Of the people, having taken an
oath TO faithfully support the Constitution Of this
Kingdom I cannot support law containing such
provisions as will compel any man or woman TO at
tend and be examined BY the physician in charge Of
such Dispensary from time TO time upon due notice
from tie Marshal Of the Kingdom or his Deputy TO
be approved by the Minister Of the Interior or some
agent appointed by kim, and shall submit them
selves TO such treatment Is in the Judgment OF the
physician in charge shall be necessary TO promote
their cure" And that: ANY person who after due
notice as prescribed in the preceding section shall
fail 10 attend as afOrpsaid or who shall neglect or
fail 10 obey the prescriptions Of the physician in
charge Of the Dispecsary, shall upon the written or
der Of the Minister Of the Interior be summarily i'm
Prsoned, for so long time as their disease endau-
gers the public health" cannot support this law
when The provisions Of the Constitution that forbid
punishment for any oteuse, except on due and le-
gal conviction thereof n court having jurisdiction
Of the case-the deprivation ofIiberty without due
process Of law-that secure persons q" from all IN
reasonable searches and seizures Of his person, his
house, his papers and effects and 10 warrants shall
issue but on probable cause, supported BY oath or
affirmation, sud describing the place 10 be searched
and the persons or things 10 be sgizsdn Iiook this
oath. IS understand, 10 support the Constitution
IS interpret it, and believing as DO, that this Bill
contains unconstitutional provisions must vote
against ii.


Motion to Indefinitely postpone Section ? put 10
vote aud carried by vote Of p toa.


On motion, Committee rose and the Chair
man reported with recommendation that the As
sembly Indefinitely postpone the Bill. On motion
report Of Committees accepted.


On motion, the Bill was indefinitely postponed.


The following Bills read aud passed their third
reading:


An Act to authorize loan; an Act to suthorize
the translation and publication OF Cushings Manual
an act FOR the protection OF parties 10 contracts au
thorzsd by Section 1917 OF the Civil Code; an Act
to regulate the Currency.


Report Of Select Committee TO whom was referred
claims OF American ship owucrs for compensation I
for the return OF Hawaiian seamen from the Arctic
Ocean TO this port in the Fall Of lS7l was read


On motion, consideration Of report deferred until
to. morrow.
Bill Of Mr.. Carter as reported back by Select Com
nttee next considered. Bill read as follows on its
second reading:


Section !. No contract OF married woman TO
serve another shall be valid in law, unless her bus
band shall endorse in writing on the said contract,
bis consent thereto; and in case any woman shall .
contract marriage while under contract TO serve an
other, the marriage shall operate to auuul tie said
contract Of service.
Section ,. II all cases when any person under con
tract 10 serve another, shall be sentenced by any
Court TO make TO his master satisfaction for loss Of
lime BY deseriiou, by working for s period Of time
beyond that contracted for lie shall be paid lis va.
ges for such extra time worked At the rate stipulat
ID for in the contract


Section s. No Court Of this Kingdom before whom
my person under contract TO serve another may be
brought fo- trial on the complaint OF bis master for
ioseriiou, shall impose sentence which shall com
pei the servant 10 serve for 10 additional term Of
service beyond one year, next after the date when
he contract shall by its terms expire


4 "