prevailed over the English version which provided for four times the amount of

Prevailed over the english version which provided for

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prevailed over the English version, which provided for four times the amount of damage done or the value destroyed, because it had "been the practice of this court" and "we conform to it in this instance." 17 Five months later, the Supreme Court was asked again in the case of Hardy v. Ruggles to decide whether the Hawaiian or English version of a particular statute controlled. The English version required that all documents filed with the Bureau of Conveyances were to be stamped prior to filing. The Hawaiian version, however, had no such require- ment. Chief Justice William L. Lee, writing for the Supreme Court,
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4 THE HAWAIIAN JOURNAL OF HISTORY held that "where there is a radical and irreconcilable difference between the English and Hawaiian, the latter must govern, because it is the language of the legislators of the country. This doctrine was first laid down by the Superior Court in 1848, and has been steadily adhered to ever since." Chief Justice Lee further explained that "the English and Hawaiian may often be used to help and explain each other where the meaning is obscure, or the contradiction slight[.] " 18 The Supreme Court's legitimization of Hawaiian as the dominant lan- guage, however, was short-lived. Three years after Hardy was decided, "English-mainly" advocates lobbied the Hawaiian legislature to enact a new law in 1859 which reversed Lee's decision by providing that "[I] fat anytime a radical and irreconcilable difference shall be found to exist between the English and Hawaiian versions of any part of this Code, the English version shall be held binding" (emphasis added). 19 In a later decision, Chief Justice Albert F. Judd, writing for the Supreme Court, attempted to reconcile any discrepancies in the translation and interpretation of the dual laws by holding that "the two versions constitute but one act. There is no dual legislation. As a rule, one ver- sion is the translation of the other. The effort is always made to have them exactly coincide, and the legal presumption is that they do." 20 Despite Judd's pronouncement, however, English remained the con- trolling law in Hawai'i. Nonetheless, Hawai'i continued to publish its laws in both Hawaiian and English 21 until 1943, when the practice of publishing laws in Hawaiian was abolished by statute. 22 Missionaries such as William Richards and Dr. Gerrit P. Judd, who left missionary work to serve as official translator/interpreters for King Kamehameha III, became proficient in both Hawaiian and English and performed their government duties faithfully without ever publicly advocating the use of one language to the exclusion of the other. 23 However, not all missionaries who left mission work to work for the Hawaiian government endorsed tolerance and diversity. Richard Armstrong, a former missionary who served as the second minister of public instruction for the kingdom of Hawai'i from 1848 until his death in i860, strongly supported the use of English in Hawai'i's school system. Armstrong's "English-mainly" attitude is reflected in his own writing: Were the means at our command,
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