McMillan v. Gleason

DISSENTING OPINION OP

PERRY, C. J.

In 1866 a law was passed reading 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.” L. 1866, Act 1; Comp. L. 1884, p. 427; C. L. 1897, Sec. 1876; R. L. 1905, Sec. 2288. In 1880 in the case entitled Kekula v. Pioeiwa, 4 Haw. 292, the supreme court of Hawaii held that the statute just quoted did not apply to the offspring of an adulterous intercourse and the ruling was reaffirmed in Kealoha v. Castle, 17 Haw. 45, decided in…