The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1874-01-24

he continues extremely weak. At an early hour
this morning be was reported as having passed a
quiet night.
The PREcARIoUs condition of the Kfhg's hcaItlr
has brought into action a spirit of party aud
intrigue on the part Of restless politicians, that
finds expression in the shape of daily rumors,
often positively asserted as fact, as to what has
been said or done in regard to the succession.
We have heretofore warmly recommended the
policy Of His Majesty naming his successor, for
reasons which are patent to all; but during this
week, we have been given to understand, from
what ought to be undoubted authority, that His
Majesty is firmly fixed in his decision to make no
nomination. Considering the state of public SEN
timent on this subject, we have thought il would
have been wise rs we'll as polite, to authoritatiyely
make known that His Majesty leaves the matter
of the succession in the hands of hs nAanla
The ATTITUDE or AFFAIRS at the present time is
such that we must contemplate the possibility of
being again obliged to elect in the Legislature a
Sovereign. Deeply az we all lament the cOntin-
gency. it would be the part of unreAective minds
not to consider in advance and provided for such
vexed questions as can be foreseen. When it be-
came necessary at the death Of His late Majesty
10 Ill the IufO0e DIV an cleCtlOUs u III
question as to who were the Representatives to be
convened as members Of the Legislative Assembly.
Elected in February 1872 for a biennial period,
they had constituted a portion Of the Assembly OF
the following April, May and June, and they and
no others could be the Representatives for an extra
Session sitting in January 1873.
Nine days from now viii occur the next election
kor Representatives. Should the necessity arise
for calling a meeting of the Legislature, either be-
fore or presently after that election, who are the
legal members of the House-the old members,
or the newly elected? 1t is assumed in any case
that the date Of opening the Assembly must now
be subsequent to February ID, even il it should
be the melancholy duty of the Cabinet, who must
act & Immediately, to issue the call for it before
that day. The House then meeting after the
election Of the new members, TO us it appears that
such new Members would form the House-that
is, the Representative branch of it, of which
alone We speak-unless there were some express
provision otherwise. The Constitutions of some
States have such provision. That of Ohio for in
stance, which is at our hand, enacts that the cleo
ton of Representatives shall be held biennally,
on the second Tuesday Of October, and that the
term of Office shall INT On the first day of
January next thereafter, and continue two years.
So other public officers are elected some time in
advance of the period when they may enter Office;
notably the President of the United States, elected
in November, and being inaugurated in March
following, In our Constitution and Statutes
there is no such explicit definition of the begin
ming and end of n representative term. If it is
not from one election to the next regular election,
there is No other period prescribed. Our Consli-
= -s.l ac 49, A. o-.AE,-,
shall be regularly convened biennially in April
next after the election, rs also specially at other
times, should the necessities of the State require
il. And if such necessity in the advised Judgment
OF the King should occur between election day
and the month of April, We opine there could be
no question but that the representative members
would be those just elected. Or take the instance
where the call for the Legislature should be pub
lished two weeks prior to an election for a session
to begin four weeks from the date of the prOcla-
nation, would not the members to attend be those
elected subsequently to the ca1l-thsse in exist
ence at the time of assembling? Would there
be any power in such a call to extend a term of
Office which otherwise had expired? In the alb
senee of any provision for continuing the powers
OF the late representatives q single day beyond
that when new ones are constituted by the vote
of the people, so that there should be two sets OF
Representatives in existence at the same time, the
one having a capacity to be convened, the other
although elected, yet no. having that opacity
we must assume that such Is not the case, and
that when the election is eOnsummated the period
of one membership closes and of the other COM
mences. And that from the time the elected Rep
resentstiFe receives his certificate OF election, he,
and no former member, awaits the call to assem-
BILE in Legislative Assembly, whether that call be
for the ordinary session in the following April or
for any special session, either before or after, and