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SEMI
FKIDAY.
JUNK 10. iSOL
Religious societies will continue
for the present to enjoy exemption
from taxation. The Carter amendment,
putting them on the Fame
basis as other property owners,
Las been consigned to the Convention
table.
TnE battle on Article 7 of the
Constitution is over, and the Convention
has decided by a vote of
18 to 17, to cut off the Government
from appeal in criminal cases.
This is the third vote on this question,
and it is probably the last.
Captain Julius A. Palmer, who
waB rtcently in Honolulu as correspondent
of a Boston paper, finds
that his "note3 of Hawaiian affairs,"
which he prepared to issue in
pamphlet form, have swollen so as
to require a book to hola them. It
is advertised in the Boston papers
as "the latest and most reliable account
of the situation at the Hawaiian
Islands "
On motion of Delegate Robert-Eo- n
the Convention has reduced
the first term of Senators to that it
Ehall expire in 1S99 instead of
1901. This was in our opinion the
most important change required to
be made in the draft of the Constitution,
and it is gratifying to find
that Mr. Robertson's motion re-ooirAil
iVia nlmnat. nnfiniinnnq Run
) Prt
of the Convention.
li-- e
Artlci The correspondence between the
i -- Ii, Minister of Foreign Affairs and the
British Minister, which appears
this morning, will be full of
edification to our readers. Mr.
Hatch has conducted his half with
a most delightful neatness and is
evidently quite equal to these
exchanges. The Government
has very reasonably declined
to extend any favors to the representative
of Great Britain until it
gets some further light upon the
nature of the very peculiar "neutrality"
maintained by him.
The sight of Saul among the
prophets was not more surprising
to the ancient Hebrews than was the
spectacle of Emmeluth among the
capitalists yesterday. He forgot "the
People" entirely when he tried to
raise the property qualification for
Senators. Fortunately, however,
the friends of the people were too
etrong for him. This aberation of
Mr. Emmeiuth's results from Lib
constitutional fractiousness. The
maxim "Prove all things, hold fast
to that which is good," he converts
in practice into "Kick on all things,
even on that which is good."
TnE Constitution is to be promulgated
on the Fourth of July.
J. V. Kalua proposes it, the circumstances
favor it, the Convention
allows it. There does not
seem to be any demand in any
quarter for a popular vote on the
instrument, while there is a general
consensus of opinion that the
Fourth of July offers too good an
opportunity to be lost. Let the
birthday of the Hawaiian Republic
fall on the great American anniversary.
We will always have a
double reason for rejoicing, when
the good old holiday comes around.
Government contractors ought
not to sit in the Legislature. The
truth of this proposition is disputed
in many quarters, but there is only
one argument against it which has
any real weight, and that is that
the enforcement of such a rule inconveniently
limits the numher of
persons who can Btand for election.
At the same time there can be no
doubt that government contracts
:1C in spite of every legal restraint,
"Coffer a large field for favoritism
and corruption. With an honest
government these evils need not be
feared. Constitutional limitations,
however, like other legal limitations
are chiefly intended to restrain
those who are not honest.
sjjterj3teesWs-- - k-- -j
U'H1MMCWW r"S?H?
MW.iiiiii.UWWpfffJPBBi.i1",1
AN UNREASONABLE CHANGE.
Article 42 of the Constitution
was made the subject of an animated
discussion in the Convention
yesterday. The article as it
passed its first reading allowed
persons holding positions of trust,
but not of profit, under the Government
to be members of the Legislature,
while excluding all who receive
either salary or fees. On
motion of Councillor Morgan, se
conded by Delegate Carter, the
exclusion was extended to all
officers.
"We believe this to be a very irrational
change. The rule which
shuts out paid employees from the
Legislature is eminently sound and
necessary, but it has no application
to offices of trust only. Paid
officers should not sit in the Legislature,
because they are dependent
for their bread and butter on the
goodwill of the administration.
With unpaid officers, this relation
of dependence does not exist, or, if
it exists at all, the relations are
reversed. The official who does
government work for nothing places
the Government under obligations.
He confers instead of receiving a
benefit. How can his independence
as a lawmaker possibly be impaired
by bis official relations to the administration
?
The reason assigned for shutting
out of the Legislature persons
holding positions of trust under
the Government, viz : that as employers
of labor they exercise great
influence, will apply with equal
force to bank presidents and plantation
managers. Indeed it would
apply to them with much greater
force, for while the plantation man
ager can sit in the Legislature side
by side with his own employees,
the unsalaried Government officer
cannot do that.
In order to satisfy, therefore, the
scruples which Mr. Carter and
others feel on this Bubject, we
recommend to these gentlemen, as
the only safe and sure expedient,
the passage of an amendment excluding
from the Legislature all
persons who possess any influence
whatever. If any person supposed
to be harmless, develops any influence
after becoming a member, let
him be expelled.
TOO LATE.
The petition from the Schuetzen
Club to the Constitutional Convention
was referred to the Committee
on Executive, which reported yesterday.
The prime difficulty about
the petition as indicated in the
committee report, was that it came
too late to be of any avail. It is
useless to make a number of radical
recommendations when a bill
has reached its final reading. This
is to offer evidence after the case
has been closed. Many of the
suggestions of the Schuetzen Club
were of much value and deserved
the consideration which they
would have received, if they had
been proffered ten days earlier
Other suggestions would have involved
changes in the draft Constitution
so that they
would have required the instrument
to be remodeled. In fact the
petition of the Schuetzen Club was
a pretty complete memorandum for
a Constitution, sent to the Convention
when its work was done.
The Schuetzen Club is composed
of loyal supporters of the Government
whose past fidelity is a
pledge of what their future fidelity
will be. It goes without saying
that any suggestions from the
organization would have received
the fullest consideration of the
Convention, if they had been made
at the beginning, instead of at the
end of its deliberations.
The Convention has completed
the second reading of the Constitution,
and the Revision Committee
now has the document in hand.
In the meanwhile the Convention
adjourns over until Saturday, when
the revised version will be before
it for the third reading This will
probably not occupy more than a
single day, at the most, aa it has '
been decided to admit no amend- -
ments, beyond those which may be
regarded as ueceessry corrections,
HAWAIIAN GAZETTE: FRIDAY,
"--
"
-
"
STRIKE IT OUT.
There is no greater stumbling
block in the entire Constitution
than Article 7, with its proviso regarding
a government's right of
appeal in criminal cases. This
proviso is by no means so objection-ab'- e
as it seems. It does not establish
any such right of appeal,
but leaves the matter open to the
Legislature. In other words, if
this proviso remains, accused per
sons will no longer have a Constitutional
right not to be tried twice
for the same offense. Such rights
as they may have in this regard
will be determined by statute.
If thiB be looked on merely ns a
question of abstract law, there can
hardly be any objection to the proviso.
In an ideal system final
miscarriages would be prevented,
whether they are in the interest of
the State or of the individual. It
is useless, however, to consider the
matter from the abstract point of
view. Our laws, and all laws, must be
framed to suit existing conditions.
Until a By stem can be devised which
will shield the innocent accused
from imprisonment and the many
other hardships incident to trials,
it is evident that any extension
of the powers of the Government
should be regarded with a very
jealous eye.
The evil of the present situation
is that in political cases native
juries will violate their oaths without
winking at anything except
crime. They will find the guilty
innocent with a sangfroid which
would bo above praise if it were
exhibited in a good cause. This is
an evil, however, which the right
of appeal would not remedy. It is
the jury system itself which makes
the mischief, and if, as the Attor-
ney-General claims, this proviso
will help to save the jury system,
that is another reason for letting
the proviso go.
As long as the superstitious,
crazy veneration for the very
mixed jury system of Hawaii continues
to prevail, there is perhaps
no hope of its abolition. The proviso
added to Article 7, however, is
unpopular and untimely, and we
believe it should be stricken out.
WASTED SOLICITUDE.
The Holomua is very much exercised
in spirit because it imagines
the Republic is to be declared
behind the bayonets of American
marines. It warns Minister Willis
and Admiral Walker that they will
be repeating the crimes of Minister
Stevens and Captain Wiltse if they
lend any armed aid to the Provisional
Government.
This Bolicitude for the good conduct
of the American representatives
is very virtuous but very unnecessary.
The Republic is not
going to be declared under the protection
of American bayonets or
under any protection except that
of the loyal freemen who support
it. It will be declared by its own
adherents, and stand strictly on its
own legs. If our friends the royalists
wish to Eeize the occasion to
nip the young Republic in the bud,
and restore the overripe monarchy,
viel armis, they may do so on the
glorious Fourth, without let or hindrance,
eo far as the American
forces are concerned.
It would be a good thing to close
the saloons on the Fourth of July.
The friends of the Government at
least, and all good Americans will
need no artificial enthusiam, and it
will not hurt the royalists to cut
them ofl' from their customary courage
for one brief day.
A Bin Stock of Fireworks.
Everybody wants to celebrate
the Fourth of July in some way
everybody, that is, with a drop of
American blood in their veins.
One way of doing this is the time
honored custom of making a noise.
To do this it is necessary to have
fireworks.
There is one store in Honolulu,
that, each year, makes it a rule to
import a fine stock of noise making
goods. ThiB is the I. X. L.,
and the present year i8 no exception
to the General rule. Ledererhaa
a big stock of fireworks, and they
are not expensive, at least, the
most f tnem aM nt-- He also
,haa? 'Plendid line of decorating
bunting and flags. Anything in
the Fourlh of faly liuJe ca be
obtained there.
--L wiiii .'WwiWifoa. .
""
JUNE 29, lS94.-SEMI-TvEEKLY.
Second Reading of the Draft Fin-
ished Yesterday Afternoon.
Twenty-firs- t
L
Day.
Thursday, June 2S, 1S91.
The Convention was called to order
at 10:00 a. in. President Dolo in the
chair. Prayer antl roll call. Minutes
read and appioved.
l'ETITIOSS.
The Secretary read the following petition
from the Portuguese Union :
Whereas, The Portngus" colony of
these Islands have since 1SS7, and more
es erially nince January, 1S9J, heen
Gov-inen- unanimous in favor of Kepublieau t;
and,
Whereas Their lo'alty to Iho al
Government and to the cause of
annexation lias been unquestioned; and
Whereas, The Piovisiouai Govern
ment and its leaders have openlv heretofore
declared themselves anti-- At iatics ;
and,
Wliere38, Tn the dr ft of the Conti-tntio- n,
as it stands, tliere are clauses
which may hereafter allow Asiatics to
obtain p litical privileges; and
Whereas, Article 7 of said draft
leaven it open lor the Legislature to
enact laws wi ich will ba prejudicial to
th poor clashes; and
Whereas, Councillor J P. Mendonca
has f tiled to support measures which
woul I bo of interest to the Portugtiesa
colony ut large. Kesolved,
1. That wuheartilv endorse the pro
cl.miatiou ot President Sanford B. Dol- -
2. That no more appropriate day
could ba chosen than the Fourth of July
fur the promulgation of the Constitu
tioti.
3. That certain provision in aid draft
are inconsistent with the declared policy
of the Provisional Goernmei t and its
leaders in regard to Asiatics, and that
no should be alio ed privileges
in the Republic-- .
4. That tho provision depriving a European
"ho is not able to read and write
the rni:lish or Hawaiian lmguajes fruin
becoming a citizen be stricken out, a it
deprives many gool loyal supporters of
the Government as well as new comers
irotn European countries, from btcjm-in- g
citizens.
5. That we rely entirely on the assur
ances of the Execu ivo Council in regard
to the right of Hiffr.igo without the required
qualifications for all tho-- e that
registered, or attempted to, at the election
for delegates fur the Constitutional Convention.
0. That the Portuguesa voters earnestly
protest against Councillor J. P.
Mendonca's procedure.
7. That, with the alterations prayed
far and the assurances aforesaid, we
unanimously endorse the proclamation
of the new constitution wiUuut ratification
by vote.
Tabled for consideration with the
Constitution.
nEPORTS.
Minister Smith reported for Leg-isl- at the
ve l ommittee on Section 5, Article
70. The Committee recommend
the section pass with an amendment
that the Legislature may also be culled
together by the President of the Senate
when requested so to do by
two-thir- ds
of its members.
The report was adopted and the Ar
ticle passed as amended.
The Committee on Executive reported
on Section 3, Artiele 35, aud
recommended a verbal amendment.
The report was adopted aud the
amended section passed.
The same committee reported on the
petition of the Schuetzen Club, recom
mending it be tabled for consideration.
The report was adopted.
RESOLUTIONS.
Delegate Baldwin moved a suspension
of the rules in order to consider
Article 7 again. He hoped the Convention
would be fair enough to suspend
the rules aud consider the mutter
on its merits.
Delegate Carter said the matter had
already been fairly considered twice.
How many times did he want a fair
consideration?
Vice-Preside- nt Wilder said it was
not necessary to suspend the rules.
Tho rules were already suspended aud
the matter should come up uuder unfinished
business.
The motion to suspend the rules was
carried on a rising vote.
Artiele 7 was reconsidered and Delegate
Baldwin moved the proviso regarding
Government appeals in criminal
cases be stricken out.
Delegate Kalua said lie was convinced
the proviso was a good one. If
the time were not so short he would
tell the Convention all that happened
at the last teim in Wailuku. The
Hawaiian jury decided accor-lin- to
the amount of money paid them, and
not according to the law and tlin evidence.
The Hawaiian", to jucL'e by
their newspapers, had more politics
than poi in their s omachs If ilu
Convention wanted to continue this
state of things, let them
abandon the proviso.
Delegate Fernandez held that if
Hawaiian juries would not convict let
Hawaiian juries be got lid of.
The motion to strike out was carried
upon the following division :
Ayes Able-- , Allen, Baldwin, Da
mou, Emmeluth, Ena, Fernandez,
Horner, Kauhaulelio, Kunuiakea
Morgan, Nott, Pogue, Robertson!
Smith (D. B ), Tenney, Vivas, Wilder
18
Noes Bolte, Brown, Carter, Hatch,
Io-ep- a, Kalua, Kauhaue, King, Lyman,
McCandless, Mendonca, Rice
Smith (W. O.), Waterhou'e, Wilcox
(AS.), Wilcox, G. N.), Yo'ung-l- TT
Absent Hitchcock.
Delegate Kahaulelio moved a resolution
providing that the Convention
and also the Executive Council be
photographed, aud each member furnished
with a copy of both pictures
The reso.ution was lost.
The Convention proceeded to the
consideration of Arlic'e 18.
A verbal improvement was made in
paragraph 9 of Section 2, and the Article
tfieu passed.
Article 19 (Denizens) was then taken
up, and Minister Hatch ottered a substitute
for the Article in the draft.
Delegate Vivas called for the ayes
and noes on the Article. It left the
H
doors open to Asiatics to vote, and he
wi-h- ed the members to put themselves
on record.
Councillor Emmeluth offered an
amendment which he thought would
cover the ditlieulty.
Mitii-te- r Hutch accepted tho amendment,
and the substitute Artlebas
amended passed.
The Article is as follows:
Jrectiou 1. I etters of Denization of
the following daises may be granted
by the Executive Council:
1. Letter conferring all of the privileges
ol citizenship, except 'he right
to vote, may lie granted to any person.
2. special letters, conferring all the
rights of citizenship, iucludii g the
right to vote, which shall begrante I
only to pert-on- eligible to become
naturalized; provided, now ever, unit
the condition of iuteiition to becoiuea
peiuiBiient citizen, of an oath abjuring
allegiance to the Government of
his native land, of an oath of allegiance
to the Republic and of application
to the Supreme Court shall not lie
required; mid provided further that
orsub-jecto- fa
the condition of being a citizen
country havimr treaty relation?
with this ltepubliu concerning
naturalization shall not apply toper-so- ns
who have resided in the Hawaiian
for a period of seven years
or more prior to the date of the promulgation
of this Constitution, and
who may apply for letters of denization
ithiu live years.
Section 2. Every per-o-n having
letters of denization shall take the
oath prescribed in Article 99 of this
Constitution, and shall thereupon be
subject to all of theduties and obligations
of a citizou.
Section 3. All letters of ilenUition
heretofore granted are hereby revoked.
Minister Smith moved to reconsider
Article 99, ho that jurors should be ro
quired to take the oatli required of
officers,
C irrieil.
Minister Smith moved tn amend
Article 99, by adding the words "or a
juror."
Councillor Brown held that this
would be importing polities directly
into the Cour s.
Minister Hatch said that we were
trying to establish a Republic here,
and he believed in doing it in a thorough
maimer.
Dele-rat- Robertson did not asree
with Councillor Brown. The juror
were not necessarily su posed to take
the oath immediately belore trying a
case. The Government could not expect
to get an impartial 'veidici from
a jury box full of traitors.
The amendment was adopted, and
the Convention adjourned until 2 p.m.
AKTERXOON SESSION.
The Convention reassembled at 2
o'clock.
Councillor McCandless moved to
suspend the rules, so as tneuable the
Convention to reconsider Section 5 of
Article 77.
Delegate Carter amended Councillor
McCandless' motion, by making it
possible to reconsider any portiouof
the Constitution.
Lost.
Councillor McCandless' motion was
carried.
Councillor McCandless moved to
amend Sectiou 5, Article 77, by reinserting
the words "or appointed,"
which were stricken out a few days
ago. Carried.
The section passed as amended.
Delegate Robertson moved that the
article which was to be inserted after
Article 93, aud which was referred to
the Judiciary Committee, be taken up
without waiting for the committee
report. Carried.
Articlb 93 a, "No public aid, benefit
or exemptions shall be extei.ded to
any church or religious organiza
tion."
Councillor Walerhouse moved that
the article be laid on the table.
Delegate Carter moved to add the
words "piovided, however, that
church edifices be exempt from taxation
up to $5000."
Minister Smith moved lo amend
Delegate Carter's article by exempting
ehuich ground in active use for
purposes of worship to the extent of two
acres. Tliere was uo reason why church
property, outside that used for religious
purposes, property belonging
to the church, but not used for religious
services, should not pay taxes
as well as any one else.
Delegate Abies was in favor of the
Attorney-General- 's amendment, ex
cept as far as limiting tho number of
acres.
Delegate Carter said that it was
with a feeling or regret that he offered
his amendment, as he believed in the
principle that religious properly
should stand ou the same ground as
other property, aid not be exempt
from taxation.
Delegate Robertson was not in
favor of the original motion, but was
willing to accept the compromise.
He believed tho smaller chinches
should be exempt, but that tho larger
and richer churches should be taxed.
Delegate Baldwin thought that if a
church had property outside of the
regular church, and received an in
come from it, it should be taxed aa
any other property.
Councillor Walerhouse said he
hoped the motion would be luid on
the table. He thought the article
was simply intended as a hit at the
Roman Catholics.
The motion to lay on the table waa
carried.
Minister Hatch moved to reconsider
Section 2, Article 53.
Carried.
Minister Hatch moved to add the
followiug to tho article in place of
Section 2:
"The Senators shall be elected at
the general election to be held on the
ast Wednesday of September, 1899,
In three classes, to hold office for two,
four, and six years, reflectively, and
thereafter in terms of dx year; the
details of such election and appoint
meut of terms shall be piovided lor by
Hie Legislature."
The substitute was adopted.
Delegate Vivaa moved to Insert a
new article, as follows:
"N'o moneys shall h reafter be appropriated
or paitl as pensions or
annuities to any member of the ex
royal family."
Delegate Vivas said the ex-ro- yal
family had had eighteen month- - to
make arrangements for a pen ion,
and had not done it Enough
had
time
been given, and it was
close
time to
tiie doors.
Councillor Allen thought the Con- -
J M-J-
stitution should not contain any such
article.
The motion to insert the new article
was lost.
Minister Smith said it had been
suggested that Section 22 of Article 78
should be changed, tie did not think
so. But he would favor substituting
the words "all election laws, in fon-wIimi
this Con titution is promulgated,
are hereby repealed " Ho
moved to reconsider the section.
Carried.
The substitute section was carried.
Delegate Baldwin introduced tho
following resolution:
"ResolveJ, Thnt there shall be but
one more reading of tho Constitution,
and for purposes of revision only."
The resolution was adopted.
The Convention then adjourned
until Saturday morning at 9 o'clock.
o
CUURT NOTES.
No cases were argued before tho
Supreme Court yesterday.
Judge Whiting further heard
testimony in the matter of
the steamer Waimanalo, and the
hearing was further continued.
C. V. Ashford for the insurance
companies, C. Creighton for the
claimants.
A legal fee bill of $0 has been
approved and filed in Wailuu
Kekaula vs. S. M. Kaaukai in
addition to coats of Court which
have to be paid by defendant.
In the bill in equity to declare a
trust entitled Irene II. Brown et
al vs. C. A. Brown, counsel for
plaintiffs have filed a motion to
have a day set for tho hearing, and
counsel for tho defendent, Messrs.
F. M. Hatch and J. A. Magoon,
have been notified to that effect.
Carter it Carter for laintiffs.
In the divorce suit of II. G
Mc-Gre- w
vs. AlphiiiiMue McGrew,
counsel for tho plaintiff have filed
a motion that a commission issuo
to take the evidence of one W. B.
Hooper of San Francisco, Cal., and
counsel for defendant has filed an
objection thereto. Carter & Carter
for plaintiff, C. W. Ashford for
defendant.
Maria Keahi Carr, one of the
defendants in tho bill praying for
cancellation of a deed has filed an
answer denying the allegations set
up jn the complaint. A. P. Peterson
and C. Creighton aro her
attorneys.
Norway is to adopt a uniform time
for the whole of that country from
Jan. 1 next. The mean time will bo
that at the meridian fifteen djgrees
east of Greenwich, At present nearly
every Itcality in Norway has its
own local time.
307
June g, i8g4.
The absence of the "ITai
mule" at this season's races
should not deter people from
visiting the racetrack on Monday,
there are enough events
to satisfy everyone and give
people opportunities to place
their money. The road to the
park has been put in first-clas-s
order by the road supervisor
and his aids and everything
will be in shape for a glorious
holiday.
The Clauss Bread Knife sold
by us is acknowledged to be
the best bread knife made; it
will last longer than an ordinary
knife for cutting bread
because it cannot bo used for
anything else. One setof three
knives goes to you for a dollar;
you would'nt part with them
for 10 if you could not replace
them.
If you believe the "ads."
you read, the Grand Rapids
Carpet Sweeper is the best
manufactured; we know from
experience that the "ads."
are correct. "We've sold a
great many of these sweepers
to people who have polished
floors in their houses and who
don't care to get down on their
"hunkers" and shove a dust
brush. The price is the same
all over, ous is a little less.
The season for using Hendry's
Ready Mixed Paints is
here and so are the paints. We
have a complete stock of desirable
colore for inside and
outside work. Color cards
furnished upon application.
Thk Hawaiian Hahdwaee Co.,
307
Fobt Stbket, Honolulu.
'