The Communication was ordered received and placed on file. Senator Makekau gave notice of intention to introduce a Bill entitled "An Act relating to Trusts, and especially relating to Business of Transportation." Under suspension of the Rules, Senator Smith presented the Report (No. 91) of the Judiciary Committee on House Bill No. 78 as follows: Hon. E. F. Bishop, President of the Senate, Territory of Hawaii. Sir: Your Judiciary Committee, reporting upon House Bill No. 78, entitled "An Act Legitimating Children in Certain Cases Amending Section 2288 of the Revised Laws," cannot recommend the passage of the Bill. The Bill provides that "all children born out of wedlock, irrespective of the marriage of either parent to another, become legitimate on the marriage of the parents with each other and are entitled to the same rights as those born in wedlock." The present law upon the subject is contained in Section 2288 Revised Laws of Hawaii, as follows: "All children born out of wedlock, are hereby declared legitimate on the marriage of the parents with each other, and are entitled to the same rights as those born in wedlock,' and the Bill under consideration seeks to amend the section so as to permit the legitimating of children by the subsequent marriage of their parents, notwithstanding that when such children were born, either parent, or even both parents, were married to another or others. The plan proposed by the Bill exceeds the utmost range of subsequent legitimization which we have been able to find. From early times it has been rigidly held that the subsequent legitimization of children born out of wedlock should only be permitted in case of conception and birth of children whose parents, although unmarried at the time, were under no disability which would have prevented a lawful marriage between them. The idea was based upon the very fiction of law, invented to remove from innocent children the stain of bastardy, that as the parents might have been or could have been married to each other, the law would permit them to be considered as though they had been so married. But so far as we have been able to ascertain the plan of legitimizing children has never been extended to children born of parents who could not by any possibility have been able to contract legal marriage with each other at the time. Your Committee believes that the law as it now stands covers all range that is proper. The effect is to encourage into an honorable relation of lawful marriage what has heretofore been illicit and injurious to society, and to some extent relieve the opprobrium of bastardy. But, to go further, and permit persons, one or both being already married to another or others and incapable of lawful marriage with each other, to indulge in adultery, and enable them to proceed therein upon the assurance that however many children may result from such unlawful relations, such children may always be legitimated by their parents at any time when freed from their present matrimonial bonds, would tend to degrade the sacredness of marriage. It would, in the words of our own Supreme Court, expressed in the case of Kekula vs. Pioewa, 4 Haw. 294, in which case this very subject was considered, "tend to inspire those who have formed such an adulterous alliance with a desire to put their lawful partners out of the way, or to get rid of the obligations of marriage in some manner." It may be that the proposed amendment is very much desired to enable some special person or persons to be legitimated, who cannot, under the present law, be so benefitted. But your Committee submits that it would be unwise, however deserving those persons might be, and with all respect to the intent to right suffering innocence, to open the wide way for looseness in marriage relations, which in their general moral effect upon the public might work untold injury and even become the direct cause of increasing the number of such un fortunates. Your Committee recommends that the Bill be tabled. Respectfully submitted, W. O. SMITH, Chairman. A. N. HAYSELDEN, CHAS. F. CHILLINGWORTH. Senator Dowsett moved that the Report of the Committee be adopted. Seconded by Senator Hayselden and carried. At 11:37 o'clock, upon motion of Senator Knudsen, seconded by Senator Coelho, the Senate adjourned. WILLIAM SAVIDGE, Clerk of the Senate. Approved by the Senate: S. E. KALAMA, Vice-President of the Senate. TWENTY-EIGHTH DAY. Monday, March 25th, 1907. The Senate met, pursuant to adjournment, at 10 o'clock, the Vice-President in the Chair. After prayer by the Rev. W. N. Lono, the Roll was called showing Senators Knudsen and Bishop (sick) absent. The Journal of the Twenty-Seventh Day was read and, upon motion of Senater Coelho, seconded by Senator Brown, approved as read. A Message (No. 14) from the Governor, vetoing Senate Bill No. 6 was read by the Clerk as follows: A MESSAGE. TO THE LEGISLATURE OF THE TERRITORY OF HAWAII: Herewith I return Senate Bill Number Six, entitled "AN ACT TO AMEND SECTION 1793, CHAPTER 119 OF THE REVISED LAWS OF HAWAII RELATING TO JURIES AND TRIAL BY JURY," which I am unable to approve. The Bill not only raises the pay of jurors from $2.00 to $3.00 a day, a fifty per cent increase, but includes the time necessarily occupied in going to and returning from court, a large additional increase of expense. It also, as if in palliation, reduces the mileage from ten cents to five cents, a reduction that will be far from offsetting the large increase. The demand for increased jury fees is based on the natural impulses of jurors rather than on the sound judgment of the legislators. The example of the Federal Court is held up by many as a standard which the Territory should accept. But the Federal Government does not stand the entire burden of its pay to jurors, and if the Territory is to adopt its standard, then at least a part of the fees paid to jurors should be charged as costs to the litigants. At a moderate estimate, this Bill will make an additional expense of $22,000.00 over and above that now being paid, mainly for the immediate benefit of those who are constantly involved in litigation. In communities of high intelligence jury service is looked upon as a patriotic duty, and those who favor this large increase should study the situation in communities where the pay of jurors is sufficiently high to make the position sought after, thus creating the professional juror-one who cannot in any other capacity earn as large a compensation and, therefore, hangs around the court room, eagerly seeking to be drawn. Men who seek the position of juror because of the compensation usually end by considering their pay as of more importance than their duty, and with such there is grave danger of bribery and corruption. As the pay of jurors at present is borne entirely by the taxpayers, we should protect them by providing that any further increase be borne by the litigants, for there is no sound reason why the Territory should bear the entire expense, particularly in civil suits. G. R. CARTER, Executive Chamber, March 25th, 1907. Governor of Hawaii. Senator Dowsett moved that the Message be referred to the Judiciary Committee. Seconded by Senator Lane and carried. A Message (No. 15) from the Governor, vetoing Senate Bill No. 27, was read by the Clerk as follows: A MESSAGE. TO THE LEGISLATURE OF THE TERRITORY OF HAWAII: Herewith I return Senate Bill Number Twenty-seven, entitled "AN ACT TO DESIGNATE THE PAY OF LABORERS ENGAGED IN CONSTRUCTING OR REPAIRING ROADS, BRIDGES OR STREETS, WATER WORKS OR OTHER WORKS FOR THE TERRITORY OF HAWAII, OR FOR ANY POLITICAL SUBDIVISION THEREOF," which I am unable to approve. This Bill restricts the Counties and the Territory and will prevent improvements, as well as the giving out of work that could otherwise be undertaken or accomplished. It attempts to limit by legislation the price of a commodity, a course which is never wise. The Bill will work a hardship on those who, because of old age or other disability, cannot do a vigorous day's work, by preventing their being employed. Conditions existing in different parts of the Territory vary greatly, and each County, as well as the Territory, should be free to meet those conditions. G. R. CARTER, Executive Chamber, March 23rd, 1907, Senator Lane moved that action on the Message be deferred until tomorrow afternoon at 2 o'clock. Seconded by Senator Chillingworth and carried. A Message (No. 16) from the Governor, vetoing Senate Bill No. 52, was read by the Clerk as follows: A MESSAGE. TO THE LEGISLATURE OF THE TERRITORY OF HAWAII: Herewith I return Senate Bill Number Fifty-two entitled "AN ACT TO APPROPRIATE MONEY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF OPENING AGAIN THE GOVERNMENT ROAD FROM KAPUA IN SOUTH KONA, ISLAND OF HAWAII, TO KAHUKU, KAU, ISLAND OF HAWAII, LATELY DESTROYED BY VOLCANIC ERUPTION," which I am unable to approve. This Bill provides that $5,000 shall be diverted from the Territory's share of the taxes, to be spent on a road beginning at a certain point in Kona and ending in Kau. If my information is correct, the damage done by the late flow is all confined to the District of Kau, and I can see no object in including the roads of Kona. The passage of such a Bill is exceedingly bad precedent. It is the entering wedge that will cause other Counties to want a portion of the Territory's funds spent on roads whenever there is a showing of emergency. If damage by the late eruption is to be made good by the Territory, why not also damage by storms or washouts? There is already under discussion the question of extending the powers of the Counties to permit of their borrowing money, thus rendering them still more independent of the old time reliance on the common treasury. Should such a measure pass, there would be relief for the afflicted County. G. R. CARTER, Executive Chamber, March 25th, 1907. Senator Makekau moved to defer action on the Message until tomorrow afternoon at 2 o'clock. Seconded by Senator Chillingworth and carried. A Communication (No. 19) from the Secretary of Hawaii, informing the Senate that the Governor had signed Acts 20 and 21, was read by the Clerk as follows: |