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Hon. E. F. Bishop,

President of the Senate,

Territory of Hawaii.

Sir: House Bill No. 78, relating to the legitimating of children in certain cases, and to amend Section 2288 of the Revised Laws, having been referred back to your Judiciary Committee for further report, the Committee now submit that they have carefully reconsidered the measure, and their previous report thereon, in conjunction with the earnest solicitation by its proponents for a favorable report.

The principle involved is not one of law, but of expediency affecting the public welfare in general on the one hand, and · embracing a principle of just dealing with an unfortunate class of innocent persons on the other. Any conclusion which may be reached is a matter of opinion alone.

Your Committee does not find any less truth in their reasons for having reported adversely upon the Bill, but, upon a fair weighing in their minds of other reasons now advanced upon the other side, are frankly led to report that rather than arbitrarily cling to one of two views which seem fairly to have equal or almost equal opposing force, they should resolve the doubt in favor of the Bill and permit its consideration by the full Senate.

Having in their first report, given weight to the view that to permit the legitimation of adulterine bastards by subsequent marriage of their parents would tend to disturb existing marriage relations and encourage married persons to indulge in adultery and afterwards to forsake those legitimate marriage relations only to qualify them to contract another marriage to legitimate their adulterous offspring, your Committee deems it proper now to state in brief the opposing considerations. It is believed that these first reasons stated seem fairly to be answered, if not altogether overborne, by the following argument, namely, that the subjects of marriage and diverse, and adultery and fornication, are fully provided for by other sections of our law; that penalties for adultery and fornication exist which should balance any supposed encouragement such offenses might receive by the proposed amendment of the law; that adulterous connections are not ordinarily had with a view to future legitimation of children which may result therefrom, the fact being that the hope is that no offspring shall result; that if, after the birth of an adulterine bastard, all obstacles to the legal marriage of its parents are removed, they may law

fully marry and enjoy all the rights and privileges of marriage, and may inherit from each other, then without the proposed amendment to the law their own children who are the innocent fruit of the wrong of the guilty parents would be denied the right to inherit from them,-a right to which they are equally or better entitled,-which would be injustice.

Our own Supreme Court has twice held that Section 2288 of our Revised Laws, now sought to be amended, cannot be extended to permit legitimation of adulterine bastards. Laws of other states, in terms substantially the same, are common, and an extended search failed to reveal any containing such a provision as proposed in the present Bill. It was therefore conIcluded that no such construction existed.

But it is now shown to your Committee that statutes of like terms have several times been held to be broad enough to include such illegitimates and permit their legitimation, because the words "illegitimate persons" include all illegitimates and cannot be confined to one kind,-as to common illegitimates, to the exclusion of the deeper grades of adulterine or incestuous bastards.

Searching then for a reason why our present law should not, correctly, be similarly construed, it appears that our Supreme Court believes it should be, and should have been so construed in the early case referred to in our former report, but that that case was followed for no reason other than that a reversal of such a long standing decision would undoubtedly overturn property rights acquired and held upon its authority. Rather than venture into the range of "judicial legislation" the Court left the statute to be amended by the Legislature if it is deemed proper to do so.

On the whole your Committee believes this to be a proper case for an honest reversal of opinion, principally upon the ground that to permit the enactment of the measure would operate to relieve punishment of innocent offspring, and that if it were not enacted the burden of guilty parents would not be increased.

It is accordingly recommended that the measure be passed.

Respectfully submitted, April 8, 1907.

W. O. SMITH,

Chairman.

A. N. HAYSELDEN,

CHAS. F. CHILLINGWORTH.

Senator Knudsen moved that the Report of the Committee be adopted. Seconded by Senator Chillingworth and carried. At 5:07 o'clock, upon motion of Senator Coelho, seconded by Senator Woods, the Senate adjourned.

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The Senate met, pursuant to adjournment, at 9:30 o'clock, the Vice-President in the Chair.

After prayer by the Chaplain, the Roll was called showing Senators Chillingworth, Gandall and Bishop absent.

The Journal of the Fortieth Day was read and, upon motion o: Senator Coelho, seconded by Senator Brown, approved as read.

A Communication (No. 175) from the House of Representatives, returning Senate Bill No. 51, as amended, was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES,

Honolulu, T. H., April 8th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to return herewith Senate Bill No. 51, which this day passed Third Reading in the House of Representatives of the Territory of Hawaii, with the following amendments:

Amend Section 1 to read as follows:

"SECTION 1. For the term of ten years from and after the 1st day of January, 1908, all of the property both real and personal of any person, company or corporation actually and solely used in the workings and operations of a railroad which shall be constructed within five years from January 1st, 1908, and which railroad such person, company or corporation shall carry on exclusively in the business of a common carrier shall be exempt from all property taxes both Territorial and County. Provided, such railroads shall be not less than five continuous miles in length and shall be in good running order and condition and approved by the Superintendent of Public Works.” Amend Section 2 to read as follows:

"SECTION 2. The exemption contained in Section 1 of this Act shall extend not only to new railroads but also to every new branch or extension of any existing railroad."

Strike out Section 3.

Amend Section 4 to read as "Section 3," as follows:

"SECTION 3. This Act shall take effect on December 31st,

1907."

Respectfully,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. Senator Dowsett moved that further action on the Bill be deferred until this afternoon at 2 o'clock. Seconded by Senator Knudsen and carried.

A Communication (No. 176) from the House of Representatives, returning Senate Bill No. 10, as amended, was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES,

Honolulu, T. H., April 8th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to return herewith Senate Bill No. 10 which this day passed Third Reading in the House of Representatives of the Territory of Hawaii, with the following amendments:

Amend Section 3, line 3, by inserting after the word "inspection" the words "which book shall be provided by the Board of Supervisors," so that said section shall read as follows:

"Section 3. Accounts, reports. Every pound master shall keep an accurate account of the business done at his pound in a book open to public inspection, which book shall be provided by the Board of Supervisors, and he shall make monthly returns, under oath, to the Board of Supervisors showing his receipts and disbursements."

Amend Section 18, lines 8 and 9, by striking out the words and figures "two dollars and fifty cents ($2.50)" and inserting in lieu thereof the words and figures "fifty cents (.50)," so that said Section shall read as follows:

"Section 18. Expenses, driving, etc. In all cases where animals are taken up for trespass, the actual expenses incurred or, a fair allowance for the labor required in catching, driving and conveying such animals to the pound, and of giving notice to the owner of the same shall be added to the forfeits and damages specified in the preceding Sections; providing, however, that the charge for such catching or driving and conveying to the pound shall not exceed fifty cents ($.50) per head."

Respectfully yours,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. Senator Smith moved that the Senate do not concur in the amendments made by the House of Representatives to Senate Bill No. 10. Seconded by Senator Lane.

Senator Woods moved to concur in the amendments. Secended by Senator Makekau and carried on the following showing of Ayes and Noes:

Aves: Senators Brown, Chillingworth, Coelho, Hayselden. Hewitt, Lane, McCarthy, Makekau and Woods-o.

Noes: Senators Dowsett, Gandall, Kalama, Knudsen and Smith-5.

Not Present: Senator Bishop-1.

A Communication (No. 177) from the House of Representatives, transmit'ing House Bill No. 183, was read by the Clerk as follows:

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