The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1876-09-06

Ministry. both Legislative Assembly and thtSu-
preme Court must bow. The King. bis Ministry,
the Supreme Court, this Assembly have no power
to touch the sacred words OF that instrument No
law. resolution. action Of this House contra
~ TO that Constitution can have any effect. The
proudest act Of this House falls impotent to the
ground when contrary to the Constitution
The resolution asking for one hundred and
twenty dollars for each Of the Representatives to
my Mind was So clearly unconstitutional that IL
seemed If the sim pie statement of the case would
show it and extended argument was entered
into. From the remarks made by those who sup
ported the resolution u appeared that there was
confusion Of mind concerning expenditures not
prohibited aud those directly refused by the Con-
simtiOn. Ii seems we'll therefore to enter into the
merits Of the case.
The Constitution provides that the Legislature
shall meet every two years. Nothing Is said OF
expenses. To claim from that that nothing can be
allowed for expenses would so cripple the Assem-
bly, that its work could not be done. and the Con-
stitution would fail OF fuldment. Such cOnstruc-
ton cannot be allowed. and all necessary expenses
must be constitutional. But it WIS urged that
resolutions allowing each member postage stamps,
lunches, aud that each member shall be supplied
With the printed laws Of this session, tn. new vol
ume OF the Supreme Court reports. are unconsiiiu-
tiunal but as they all passed and are allowed.
they justify this. Without entering into the merits
OF a suphistical argument which makes a right out
at several wrungs il will be sufficient To show that
even these matters do not stand on the same basis
as this resolution IT may be claimed that the
lunches bury forward the session and thereby
lessen general expenses. 1t may be claimed that
members who leave at the close oil the session who
are still members Of the House and may be called
at any time to special session. US such may need
instruction and Information for Legislators.
Ii may very fairly be claimed that for the purpose
OF corresponding with the constituency Of the ma
ton each member ought to be allowed a certain
mn nbnr M haf vfun on he nttitli
business need not be at private expense. II may
be claimed that mileage is constitutional. for with
Uut it the members would be put TO expense which
must be deducted from their constitutional cOmpen-
saiion of two hundred and fifty dollars Each
member can claim that full amount. ALI such
claims can be fairly made. and question honestly
raised The majority OF constitutional writers
perhaps favor such construction. Personally,
always have and always shall oppose such ex-
penses as useless and unauthorized. except mileage.
But il must be observed that for these matters
nothing is said in the Constitution. while the resO-
luton under discussion is clearly and distinctly in
opposition TO the explicit terms of Article So.
Article Is declares that no public money shall be
expended without the sanction OF the Legislative
Assembly. except in time OF special emergency, by
authority of the King 10 Privy Council. 1t has
been argued that the converse Of this is true that
with such sanction any money may be appropriate
I'd for any purpose. But the whole instrument
must be read together Whatever can be done by
implication under Article Is must be strictly in
accordance with any special restriction elsewhere
in the Constitution. Article So provides that the
Compensation OF the Representatives may be regu-
lated by law but shall not in any case exceed two
hundred and fifty dollars for each session. That is
the compensation now allowed by law. The
Article also provides that no Law increasing such
compensation shall take effect during the session
Of its passage. No terms cuuld be more explicit
than these. yet it is proposed to pay one hundred
dbl he drpl a
ready paid to each member. Much sophisry has
been used to show that this is not increased CON-
pensajion simply a fund to relieve the distress OF
the members already kept here too long. But no
reasoning can cover the real intent which is sim
ply to pay members who have already received
their full constitutional compensation. the addi-
tonal sum Of one hundred dollars zach This res
ulnlion is so clearly contrary to the Constitution
that it Ellis me with surprise that 50 many honora-
Bile members can mistake No argument can con-
vince me that am wrong. No argument ought to
be received by the twentythree who voted in favor
Of this MEASURE. to show that this Assembly has
any power to vote anything Of this kind II this
can be done there can be no bounds 10 the power
of this House. Ifthey can vote one hundred dol
lars apiece they can well and rightly vote
i've hundred. or they can appropriate every dollar
in the treasury to their private use.
The Hon. Mr. Pilipo claims that this is a ques-
lion between the Legislative Assembly and the
four Ministers, that the House exercising its right
iul functions is opposed by Ministry unrighteous-
~ and wrkrdly. he urges his irluw members to
stand by their action that tue Assembly may vim
dictate its high character and mot be beaten by
those. four men" This session opened with many
protrsations of desire for reform Of earnest pur-
pose Of the honorable member as well as Of others.
to economic To protect the public money for the
people. We now witness the strange spectacle. OF
the Ministry struggling to protect that money from
the unauthorized and lawless attempts OF these
very Representatives. to take the public funds for
their personal use.
Mr. President. the Hon. Mr.. PiIIpo beggars this
question: he fails to rise to its height He calls it
"a difference between the Ministry and the House.
Never since consii ut'n was given to this nation
important a question presented. Before its
snlemnity and dignity King and Ministers. Mobiles
and Representatives sink from sight desire to
repeat my warnings of last Saturday. The one
hundred dollars to each member, the twenty
hundred dollars to all. is lost from sight in the
grand proportions Of the matter before this Assem-
bly,. In simple language the question becomes,
Is Hawaii able to sustain constitutional govern
mentl l. representation a failure with this peo-
plp?" Ave stand to-day before a natiun anxiously
awaiting the answer to b. made. Shall we by our
vote declare that we will deliberately rample nm
der foot the sacred guarantee of popular right and
freedom. Nay. we stand before larger assembly,
we are to-day arraignrd before an expeetani
world. II we cast from our doors this hated phan-
tom of evil, this grim shadow. behind which staHds
unlimited evil for Hawaii. death to our national in
dependence we are vindicatid, we shall declare
that yet Hawaii respects itself that yet We may
call ours constitutional government II
fuse and stand by this mistaken step. | see before
us swift and sure national death. To-day stand
honored and respected before the world though
weak in numbers, for we have sacredly regarded
and fulfilled our guarantees Then shall we fall
from our proud position and stand among the
laithless. Many years may elapse before
boted from the list of nations. but till that day
we shall be numbered with that sud list Of powers
who have lost the worlds respect because they
have failed in the most needfl qualities of a gov
eminent II we pass this measure we shall deserve
shall receive the lasting contempt Of the Ha-
waan people Again do | most solrmnly warn
this Assembly most earnestly mplore them. by all
they bold sacred. TO reconsider the hasty and mis-
taken vote OF Saturday and stand again before the
nation With u reputation uBsullied by this dark