The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1873-12-13

when last reported no decision had been made
As TO the return Of the Royal party to the capital,
but it is quite possible that Tomorrow steamer
may bring them.
November 2Sth was observed by a native feast,
ct which His Majesty and suite were present.
On the jth instant, Her Majesty Queen Emma,
the Hon. Mrs. C~leghorn, Col. the Hon. ". P.
LeIeiohoku, Col. c. II. Judd and DE-. Trousseau,
together with a large party, made a trip to Mount
HualaIai and visited the celebrated ancient Tenn
pie or AhU a Umi.
ANOSc THE BOOKS sold at auction the other
evening, we noticed quite 4 number that it struck
us were peculiarly suitable for preservation in
the library Of the Hawaiian Government. Such
we're for instance the cruise Of the Blonde in
1924, and Dibble's History, not to mention old
books Of voyages to these seas, which are very
rare and out Of print. Anything and everything
pertaining TO the past history Of these islands or
Of the Hawaiian people, increases in interest as
the people themselves pass away, and as old resi-
dents, who remembered them fifty or more years
ago, drop from among us in the lapse Of time.
The books Of which we speak, the valuable
records and mementOes Of the past, cannot be
duplicated, and we regretted to see that no one
on behalf Of the government made an effort to
secure them for the national archives. The cost
would have been trihing, for We much doubt if
any one would care to compete were it made
known that government desired the books for
such a commendable purpose. But the oppor-
tunity-like others which have occurred before
to preserve some rare relics Of the past-was
suffered to slip, either through mistaken parsi-
mony or a lack of appreciation. And yet the
Legislature of 1872 passed an "Act to establish a
Museum of Archaeology, Literature &c, &c, a
part of the preamble to which Act reads as fol-
lows: Whereas, every succeeding year is rem
dering it more difficult to gather from the archives
of the past the mementoes and relics Of our early
existence as a nation, as well as of the prehistoric
age of these islands, therefore, Be it enacted, - &c.
The PROPOSED AMENDMENTS to the Constitution
which will come up for discussion and final ac-
ton at the ensuing session of the Legislative As
sembly, were commented upon by us at the time
when they were before the extra session of jan
uary last, and we have since found no reason to
alter the views then expressed. The particular
one out of the eleven proposed amendments TO
which we had and still have any serious objec-
ton, is that of Article 40, which detaches the
Attorney General from the Kings Cabinet.
We have so far been unable to find any good
reason or any popular demand for the proposed
change. 1t certainly cannot be contended that
the Attorney General has but little connection
with the executive business of the government.
In the routine of their Offices, each head of de-
partment must frequently come in contact with
questions of statute and general law, which
~~-u-. --.-,rt..-. II --,-o sn-,-
lance and of delicate bearing. The Ministers,
under such circumstances, must refer to some
law officer, and it should be to some one upon
whom officially deyolves the labor and RESPONSE
bility, one who is himself a member of the Cabi-
net which he advises. If the Attorney General
is not 4 member of the Cabinet, he must however
be consulted just as freely, as often, and as con-
fdentially as though he were. The argument
that because this officer is occasionally called
away from the capital on the business of Courts,
therefore his presence in the Cabinet can be dis
pensed with altogether, is certainly a very strange
and illogical one. The Attorney General is re-
quired by law to attend the terms of Court held
on the other islands, either personally or By
deputy. These terms are SIX in number, and it
has quite often happened, during the incumbency
of both the late ana the present Attorney Cen
eraI, that the duties of Crown prosecutor at
those terms have been discharged by a deputy,
very correctly and efficiently.
1t cannot be urged that to drop the Attorney
General from the list of Crown Ministers would
be any saving to the, Treasury, for in that event
q Public Prosecutor and Law Adviser would have
to be provided fol, IF economy is desired, we
should say, drop the Minister of Foreign Affairs,
the duties of whose Office, as experience has
proved, can be quite easily and properly perform
ed by the Minister of Finance, always comforting
on matters of extra Importance with his col
leagues of the Interior and Law departments
In the Legislature, the suggestions and labors
of the Attorney General would seem to be really
necessary, whether he sit in the Upper or Lower
branch. Much hasty and incomplete legislation
and much subsequent labor and expense will be
avoided by the courts and the public, by the per-
sOnal attendance and assistance of the law officer
of the government in the forum where the laws
are first made.
In regard to another of the proposed amend
ments-that of Article 20, intended to exclude
all Judges from c seat in the House of Represent
atives-it has been contended, and with some
show of reason, that it is unnecessary, and there
fore undesirable. Every change in the Constitu-
ton should have some positive recommendation,
and unless such appears there would seem to be
no profit in needless tinkering. The provisions
of Section SIS of the Civil Code, taken in con-
nection with Article 20 of the Constitution, as it
now stands, would seem to meet the requirements
of the most radical
"No person holding a seat on the Bench of the
Supreme Court, or any police or district court, shall
l. 4. - - = A.. H.. =
Of this Kingdom LCivil Code, Sec. SIS.
1.-The Supreme Power Of the Kingdom in its exer-
else, is vested in the Executive, Legislative and Ju-
dicial these shall always be preserved distinct, and
no judge Of a court Of record shall ever be a men,
Der of the Legislative Assembly CONSTITUTION,
Art. 20.