The Hawaiian gazette., 1868-06-10

Prayer by the Chaplain. Minutes Of pre-
ceding day were read and approved.
REPoRrs or CoMNIrTEEs.-Minister Of In
terror reported the postage bills Of the govern
ment as follows:
Department of Foreign Affairs............S374 as
finance...-...-..-.-.-....... 59 90
Education. 81 81
Supreme 124 Al
Hawaiian Gazette ......................... 232 So
Due from various Departments
| Department of terior-.................-SlS2 90
Supreme Court 80 90
His Elk. F. W. Hutchinson said that the item
due from the Supreme Court was a matter Of
long standing and was disputed between the
Postmaster and the Clerk of the Supreme
Court Report was approved.
REsoLUTIoSs.-Mr. Hitchcock introduced a
bill to amend Section 1913 of the Civil Code,
to enlarge the Jurisdiction of the Police Courts.
Mr.. Koakanu introduced a resolution that
the Committee on Accounts be instructed to
draw on the Minister of Finance for each of
the Representatives the sum Of 800.
H. II. W. C. Lunalilo said that unless the
member amended the constitution he could not
draw any more cash this session. He advised
him to withdraw his resolution.
Chair ruled that the resolution was uneonsti-
tutionai, but was uncertain whether the sub
ject could be discussed.
Mr.. Koakanu said that by the Civil Code,
laws, unless containing section to the con-
trary, take effect ten days after the signature
of the King has been affixed. And the amend
ment to article Sc fthe constitution had been
signed, and printed in the public papers more
\ than ten days age, therefore, it was a law.
He thought that the King wished to have thu
amendment take effect in the present session.
Mr. Nahaku supported the resolution. He
] seconded the amendment in 1866, and there
was no law to keep back the money now that
the amendment was passed. There could be
no doubt that 800 was due to each member
II. Elk. S. H. Phillips said, the amendment to
the constitution had passed and had the force
of constitutional law. Article Sc gave $50 to
each member this as amended. fixed the pay
at $3.50. But by the constitution itself, this
amendment could not take effect until the next
Assembly after the one which passed it. 1t
was his duty according to his oath to support
the constitution and to show that the amend
ment could have force only in the future.
Mr.. Mahelona doubted the soundness of the
arguments of the Attorney General. He
thought that the money should be paid and he
supported the resolution. In 1866, the Chief
Justice ruled that the Legislative Assembly
had power to appropriate money for them selves
He was one of the Committee that waited upon
the Chief Justice, and heard him say So
Mr.. Hitchcock moved to return the resolu-
ton TO the mover.
Mr.. Kalakaua was strongly in favor of the
resolution, and as he understood the Coustitu-
ton it was perfectly legal.
Mr.. Lyons said that at first he was opposed
to the resolution. he had heard that outside of
the Constitution there was a law fixing the
the pay of the members, but be could not find
any such law. 1t was certain that the Consti-
tuition said that amendments to itself could
not take effect until the year after an amend
ment was passed. Well the voice of the As
sembly had been expressed at the last session,
and he thought that expressed wish should
have the force of law now. He favored the
resolution.
His Elk. S. H. Philips said there was law
fixing the pay aud there is now. That law
was in force when the present Constitution
was adopted and would be still in force, if the
Constitution did not say that all laws repug-
nant to itself are repealed. Parts of that law
were still in force and to be rid of it, another
law must be passed and signed by the King.
II had nothing to do with the question whether
there was a law, but what the Constitution
said in regard to the question. The King had
signed law fixing the pay ct $3.50 to take
effect the next session. He could not vote for
the resolution, for it was contrary to the Con-
stitution. He called for the ayes and nays.
Mr.. C. II. Judd said that as the law stood,
it was illegal to make any appropriation over \
the regular pay. The House could not legally
fix more than $3.50 member, If the resolu-
ton was passed and inserted in the Appropri-
alton Bill, it would be law, and have the
force of law. He thought that it was not
right to threaten, the motion for the ayes
and nays insinuated.
Mr.. Hitchcock moved to refer the resolution
to the Justices of the Supreme Court.
Mr.. A. T. Judd thought that according to
the Hawaiian version of the seth Article there
was some ambiguity, and it could easily be
construed by them that they should receive /
$3.50 this session.
Mr.. Wilder voted against the amendment, |
but now be had changed his mind, and as there
was doubt in regard to the matter, he should |
give the natives the benefit of it, and it would |
not trouble his conscience $3.50 was not
enough to pay the expenses of a member /
through a session.
His Elk. C. de Varigny said that if the res
olution passed, it would place the Minister of |
Finance in very embarrassing position He
could not permit any more money to be drawn
for the members without violating his oath to
the Constitution. He would have to refer the
matter to the Supreme Court and why should
it not be done now? He supported the motion
of the member for Hilo. If the Supreme
od1Ecc edlN TUG ACSoAutAou was tue ming
would sign the same, and the Ministers would
withdraw opposition. He amended the motion
of Mr.. Hitchcock to have a Committee of five
appointed by the Chair to consult with the
Supreme Judges.
Mr.. Lyons said that the Assembly was the
highest lsw-making power in the land, and let
them make the law, and then let its Constitu-
tionality be tested. 1t was beneath the dignity
of the House to 60 outside of itself for advice
in law-making.
Mr.. Bishop objected to the opinion of Mr.
Lyons. In time past the House had lowered
its dignity, for he knew that they had often
consulted the Supreme Bench on points of con-
The English of the law was
plain enough and could not be misunderstood.
He did not think $3.50 was too much-that
was not the point. The last session had be-
gun the work Of amendment, which was fin
isbed this session. therefore, the law was not
made until the present year, and could not
take effect at the present time. He was sorry
it was so, for he would be glad to vote for
the 500.
Mr.. Nahaku believed that the House had
power to do as they wished. There was no
power between the House and God, so that
what they did was law.
Mr.. Hitchcock said that eventually the mat
ter must go to the Supreme Bench, and he
wished it to 90 now and not have any more
words. In respect TO the cOnstitutionality of
the matter, he agreed with the Representatives
Mr.. Lyons was strongly opposed to referring
the matter to the Supreme Judges. 1t was on
the principle of Independence that he thought
it was best to keep the various departments
separate. Let the House assert its independ-
snee-
H. Ex. T. W. Hutchison corrected the asser-
ton that there was no power between the House
and God There was a part Of the House
absent. without whom, no laws could be made.