The Hawaiian Gazette

LAW MAKING GRINDING

SENATE FIFTH DAY.
Morning Session
BILLS PASSED THIRD READING.
No. 4. An act to provide a fire department for the towns of Wailuku and Kahului and for Lahaina and other towns in the Territory where such departments are properly organized.
No. 14. An act relating to the right of married women to deal with her separate property. Amending 2263 and 2265 of the Revised Laws.
No. 20. An act fixing the salaries of officers of the Senate.
No. 22. An act prohibiting the cutting, damaging or injuring of trees within the Territory of Hawaii.
No. 23. An act relating to the Board of Forestry as concerning the setting apart of lands for forest reserves.
TO THE GOVERNOR
No. 15. Appropriating the sum of fifteen thousand dollars for expenses of Congressmen to be invited by the Delegate during June, 1907.
There was a lot of business done in the Senate yesterday. Five bills passed third reading and Senator Lane has the credit of getting the first bill to the Governor for his signature.
At the morning session Senator Hewitt reported from the Educational committee on the resolutions presented by Senator Brown in which the Hilo High School is represented as in need of two thousand dollars for school furniture.
The resolution is tabled to be considered with the bill. The Senator reported verbally that in the opinion of Mr. Babbitt the furniture is needed.
Senator Lane from the Printing committee reported the receipt of Bills Nos. 27 and 29 and their distribution.
PAY OF OFFICERS.
Senator Dowsett presented a resolution fixing the pay of officers of the Senate as follows: clerk ten dollars per day, assistant clerk five dollars per day, sergeant-at-arms four dollars per day, messenger three dollars per day, janitor three dollars per day and chaplain at one hundred and fifty dollars for the session. Senator Coelho was not satisfied with the rates and moved to amend so that the assistant clerk would have eight dollars per day, the sergeant-at-arms six dollars and the chaplain two hundred and fifty dollars for the session.
The amendment failed.
WAILUKU TO HAVE DEPARTMENT.
Senate Bill No. 4 relating to the establishment of fire departments in towns is as follows: amending Act 63 of the Session Laws of 1905.
Be it enacted by the Legislature of the Territory of Hawaii:
Section 1. Section 1. Act 53 of the Session Laws of 1905 is hereby amended so as to read as follows:
"Section 1. There shall be one fire department for the towns of Wailuku and Kahului, one for the town of Lahaina, Island of Maui, and one for any other town in the Territory where such department is properly organized under the provisions of this act, each of which shall consist of a chief engineer, not over two assistants, and as many firemen as may be approved by the Board of Representatives of the department duly chosen as by its by-laws provided. Each of such fire departments shall be under the general authority and control of the Board of Supervisors of the county wherein such fire department is organized."
Section 2. That wherever in Act 53, Session Laws of 1905, the words "Superintendent of Public Works" and "Legislature" appear, the same shall and hereby is declared to mean and refer to "the Board of Supervisors."
Section 3. This act shall take effect from and after the date of its approval.
RIGHTS OF MARRIED WOMEN.
Senate Bill No. 14 relating to the rights of married women to deal with separate property came up for third reading.
When the roll was called on a vote Senator Brown said "kanalua." and the list went on. Every one voted "aye" to the motion to pass until Makekau we reached and he said "no."
Senator Brown evidently took it for a party measure and voted the same way. But the bill passed. The text is given here.
Be it enacted by the Legislature of the Territory of Hawaii:
Section 1. That Section 2263 of the Revised Laws of Hawaii is hereby amended to read as follows:
"Section 2263. Whenever it shall be made to appear to any judge of a circuit court upon the application of married women, either:
"1. That her husband has absented himself from the Territory, having abandoned her, and has failed to make sufficient provision for her proper maintenance, or for the maintenance or suitable education of her children; or
"2. That, although he be not absent or has not deserted her, he has failed to make suitable provision for said purposes, and refuses or fails to give his consent to any sale or mortgage or other disposition by her of her real estate; or
"3. That, although there may be no such absence or desertion or failure of maintenance he unreasonably and wilfully, and with intent to hinder or deprive her of the fair enjoyment of her real estate and the right to sell or profitably deal with the same, withholds such consent:
"Then, in any of said cases, such judge, upon being satisfied that funds are required for any of the purposes aforesaid, or that it would be for the best interests of such married woman or her children that the real estate or any part thereof should be sold and the proceeds made available for use or for investment in some productive property, or otherwise may empower her, in her own name, to make, execute and deliver any deed, mortgage or other instrument relating to such property, or any contract whatsoever pertaining to her real estate or her separate personal property, for such time as to said judge shall seem proper under the circumstances, and upon such terms as he shall deem fair and just to all parties in interest. The authority so given shall be as effectual, for all purposes, as though the written consent of the husband had been duly given, and shall be binding upon all persons, including the husband."
"Section 2. Section 2265 of the Revised Laws of Hawaii is hereby amended to read as follows:
"Section 2265. Upon application, for any of the purposes before mentioned, the judge before granting any of said powers, shall order notice to be given by publishing the same for three consecutive weeks in a newspaper or newspapers suitable for the advertisement of notices of judicial proceedings, the last publication of which shall be at least one month prior to the date of hearing assigned, or such longer time, not exceeding three months, as to the judge shall seem reasonable and proper under the circumstances. If the husband be within the Territory, the judge may direct notice of the proceedings to be served upon him.
"Section 3. This Act shall take effect from the date of its approval."
MONEY FOR THE SENATE.
Senate Bill No. 20 appropriates for the expenses of the Legislature the sum of twenty thousand dollars.
It was brought up for third reading and carried. This is the substitute bill taking the place of the one introduced by Senator Lane on the first day of the session calling for six thousand dollars. It was suggested by the Secretary of the Territory during a conference that it would be advisable to make such an appropriation.
PROTECTING THE TREES.
Senate Bill No. 22 relating to the cutting of trees and shrubs in the Territory seems to be a good measure for it passed third reading without a question. Senator Hayselden moved the passage and the motion carried unanimously. The bill is as follows:
Section 1. Every person who shall wilfully and knowingly cut, girdle, destroy, or otherwise injure, or who shall cause or procure to be cut, girdled, destroyed or otherwise injured, or who shall aid, or assist, or be employed in cutting, girdling, destroying or otherwise injuring, any tree, timber, wood, shrub, or underwood whatsoever, growing or being upon the land of any person or corporation, or upon lands belonging to the Territory; or who shall carry away, or cause or procure to be carried away, or aid, or assist, or be employed in carrying away, any wood or timber or other forest product that has been cut down and is lying or being on such lands, without the consent of the owner or other proper authority, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment.
Section 2. Every person who shall wantonly or maliciously cut, dig up or injure any timber set out, planted, cultivated or growing naturally, or any cultivated hedge or tree row, or any ornamental tree, or fruit tree, growing on the land of another, or on lands belonging to the Territory; or who shall wantonly or maliciously throw down or prostrate, any fence, gate or bars belonging to any enclosure of any description of cultivated or growing timber ornamental or fruit trees, or who shall wantonly and maliciously tear down and open, or cause to be torn down or opened any such fence, gate or bars, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment.
Section 3. This Act shall take effect from and after the date of its approval.
What may be called a Board of Forestry measure is bill 23 which passed third reading at the morning session.
The bill provides for the amendment of Section 379 of the Revised Laws of Hawaii as amended by Act 65 of the Session Laws of the Territory of Hawaii passed by the Legislature at its regular session of 1905, to read as follows:
"Section 379. The Governor may with the approval of a majority of the Board, after a hearing or hearings as hereinafter provided, from time to time set apart any government land or lands whether under lease or not, as forest reservations, provided, however, that on lands under lease the reservation shall not take effect until the expiration of the existing lease, or in any way affect the rights acquired under the lease. Any land or lands while so set apart shall not be leased or sold by the government or used in any way for any purposes inconsistent with this Act: provided, however, that the Governor may from time to time, with the approval of the Commissioner of Public Lands, after a hearing or hearings as hereinafter provided, revoke, modify or suspend any and all the orders and proclamations or any part thereof, which set apart such lands."
Section 2. This Act shall take effect from and after the date of its approval.
The bill to appropriate the sum of thirty thousand dollars for the expenses of the Legislature was called for second reading and was so read.
A motion to refer to the Ways and Means committee carried and the bill will be made the regular order of the day on Thursday. This is the federal appropriation made by Congress at the solicitation of Secretary Atkinson.
PAY OF LABORERS.
Another bill of considerable interest throughout the Territory was No. 27 which says that laborers engaged on work of the government shall be paid one dollar and a half a day. It was moved to send to the Ways and Means committee. This rate of pay includes work on contracts, in which the government is a party, and provides that labor of an unskilled nature comes within the provisions of the Act.
STANDARD OIL BILL.
Bill No. 29 relating to the storage of oils by private parties came up for second reading and went to the Ways and Means committee. The passage of the bill will mean the depriving of the government of considerable revenue which some of the Senators believe will be counterbalanced by the taxes to be paid on the property which the Standard Oil people will improve here. Some of the arguments used by the Senator introducing the bill are identical with those of the agent of the Trust on the ground.
At 10:50 a. m., the Senate took a recess until 2 p. m.
AFTERNOON SESSION.
Senator Hayselden reported from the committee to whom was referred Senate Bill No. 10, relating to pounds.
So many amendments were made to the original bill that it was deemed best to send it back to the committee. When it is returned to the Senate it will look like a new bill. The one introduced was of greater importance to the fruit and cane men than was thought at first glance for when the sections were being read, Senator Smith expressed a regret that he had not been advised that it was to be brought up.
It was a matter in which somebody was going to be injured unless great caution was shown in acting upon the matter. It was not long ago, he said, a pineapple grower at Wahiawa had spoken to him of the damage done by animals running loose. If this bill should be passed in the present form those men who have put their money in that industry could be damaged irreparably by the loss to their crops by running cattle and the redress provided by the bill would not be worth considering. The same would apply to the cane men.
Senator Coelho, the introducer, said the bill was introduced to protect the small farmer and the small planter as well as large ones.
During the discussion, which took more time and was of more interest than any so far indulged in this session, "neat" cattle were referred to.
One of the Senators called attention to the typographical error and remarked that it probably referred to "meat" cattle.
A motion was made to amend at that point and the President put it much to the amusement of the other members, familiar with the term.
When attention was called to it, and Senator Smith assured the chair that "neat" cattle was correct, there was a smile and the motion to amend was withdrawn. The motion to recommit to the Committee on Public Lands carried.
On motion of Senator Lane the rules were suspended to allow him to give notice of his intention to introduce a bill to incorporate the city of Honolulu.
FIRST BILL TO GOVERNOR.
The clerk read a communication from the clerk of the House giving notice of the passage on third reading of Bill No. 15, appropriating the sum of fifteen thousand dollars for the expenses of congressmen who will visit here upon invitation of the Delegate.
The bill was then sent to the Governor for his signature.
The Judiciary committee submitted the following report on joint resolution No. 1 relating to the appointment of a tax commission:
JUDICIARY COMMITTEE
Hon. E. F. Bishop, President of the Senate of the Territory of Hawaii.
Sir: The Judiciary committee would report consideration of joint resolution No. 1, introduced by Senator Lane, providing for the appointment of a tax commission, as follows:
The resolution provides that a commission of three members be appointed by the Governor of the Territory to examine and investigate the existing tax laws and consider their legal operation and effect, the manner of their enforcement, and general adaptability with respect to existing conditions and consider ways and means for the revision and improvement of said laws, and report to the Governor not later than July 1, 1908, with their recommendations, together with a bill, or bills, for the effectuation of such recommendations.
The resolution further provides for the appropriation of $1750 to defray the expenses of the commission. The three commissioners to each receive $250 for compensation and one thousand dollars to be available for the expenses which may be incurred.
Your committee approve of the provision of the resolution and recommend that the same be adopted.
The provisions of the tax laws and the manner of their enforcement are matters which affect every taxpayer and are of great importance, and we are of the opinion that it is unwise to make hasty or ill-considered amendments, but that all such changes or modification should receive deliberate and careful consideration, and we believe that the objects sought can be better obtained through a commission as recommended by the resolution than by separate and individual amendments.
Respectfully submitted.
W. O. SMITH,
A. N. HAYSELDEN.
C. F. CHILLINGWORTH.
Senator Chillingworth gave notice of his intention to introduce a bill relating to girls under fourteen years of age. Also an Act relating to the crime of burglary amending Section 2944 of the revised statutes.
DIVERSIFIED INDUSTRIES.
Senator Dowsett from the Ways and Means committee reported several changes in Bill No. 2 relating to diversified industries. He prefaced his remarks by saying that the exemption privileges had been abused. His committee recommended that in order to secure such exemptions the land, in respect whereof such exemption, is claimed, must be fenced and actually under cultivation prior to the first day of January of the year in which said exemption is claimed. As amended the bill passed second reading and will be called up for final passage today.
SALARY INCREASED.
Senator McCarthy asked for the reconsideration of the vote on the resolution fixing the salaries of officers of the Senate. This was granted and he moved that the salary of the assistant clerk be fixed at eight dollars per day as he was interpreter as well as translator. Carried.
Senator Coelho moved that the salary of the chaplain be two hundred and fifty dollars for the session.
This was defeated.
There being no other business the Senate adjourned to meet at 10 o'clock this morning.
THE HOUSE
Lengthy reports from the heads of departments and different officials of the Territory occupied much of the time of the House of Representatives yesterday and but little actual business was transacted. The morning session opened at 9 a. m. and continued until 11:20 when a recess was taken until 2 p. m. The afternoon session came to a close shortly before 3 o'clock.
Morning Session.
A communication from the Superintendent of Public Works furnished the House with a list of the employes of his department and their salaries. A like communication was received from the Attorney General's department but had to be returned as a few errors had crept in.
A petition from the voters of Kalawao was received asking that J. Lor Wallach be admitted to the settlement to treat them. The petition was referred to the Committee on Health.
The Committee on Public Lands recommended that the payrolls of the Commissioner of Public Lands be approved. Placed on file to come up with the appropriation bill. The committee also reported favorably in regard to the erection of several public buildings throughout the Territory.
Tabled to come up with the appropriation bills.
The Printing committee furnished the House with copies of House Bills Nos. 2, 3, 4, 5, 6, and 7.
Senate Bill No. 15, providing $15,000 for the expenses of the visit by Congressmen to these islands in June was passed by the House after an unsuccessful attempt was made to have the amount cut in half by Representative Kaniho.
Representative Rawlins introduced a bill amending Section 285 of the Revised Laws.
The bill passed first reading by title.
Representative Correa introduced a bill which amends Section 1 of Act 64 of the Session Laws of 1905 relating to certificates of Hawaiian birth.
Representative Kaniho introduced a bill which passed first reading by title providing for the segregation or isolation of any leper by the Board of Health at any other place than the settlement.
Representative Sheldon introduced a bill to amend Section 2635 of the Revised Laws relating to the adoption of children. Passed first reading by title.
Representative Keouli introduced a resolution that $500 be appropriated for the purpose of erecting a teacher's cottage at Honamanu.
Referred to the Committee on Education.
The seven bills reported to the House by the Printing committee passed second reading by title.
Representative Moanauli introduced a resolution asking for $4,000 to build a courthouse for the district of Hamakua.
Referred to Committee on Internal Improvements.
Representative Kalana introduced a resolution providing $40,000 for the repairing of a road in South Hilo.
Referred to the Committee on Internal Improvements.
Representative Keauoli introduced two resolutions, one to provide $1000 to build a teacher's cottage at Honuapo and the other providing $500 to enlarge the warehouse at that place. The first was referred to Committee on Education and the second to the Committee on Internal Improvements.
The House took a recess at 11:20 a. m. until 2 p. m.
Afternoon Session.
A communication from the Superintendent of Public Works was the first business of the afternoon session. Mr. Holloway reported as to the funds expended under the Loan Act of 1905, the moneys unexpended and the work at present being completed.
The report was referred to the Committee on Public Lands.
Senate Bill No. 23 relating to the Department of Agriculture and Forestry passed first reading by title in the House.
Senate Bill No. 22 relating to the protection of trees and shrubs within the Territory passed first reading by title in the House.
Senate Bill No. 14 relating to the right of married women to dispose of property passed first reading by title in the House.
Senate Bill No. 20, a bill to appropriate money for the expenses of the Senate passed first reading by title and was made the special order of the day for Wednesday.
The Judiciary committee reported on House Bill No. 1 which provides for the defraying of expenses of the fifth circuit court.
They recommended that it be incorporated in a bill, which would cover the expenses of all of the circuit courts, which they were at present engaged in drawing up.
Representative Mahoe introduced a bill creating a revenue for the counties by having the fines in the district courts go to the county. Passed first reading by title.
Representative Kaniho introduced a bill to amend Sections 10 and 13 of the Revised Laws and to repeal Sections 17 and 18.
The House adjourned at 2:55 p. m. until 9 o'clock this morning.