The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1876-05-10
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eAa-ses-r. ssSrvssre SAeaxveE they are SSSl-ae5
pONers ard rSSesS - e s-a Il : clearly n tosir
ecentry.
ms TGS the view tsSes by ne Attorney General
Ep0u the 6rSt day u tbs 6iScuSSioR, slsEO1-h he
u1sae Al unfortunate selcc,ioG q word 10 the Ha-
Uaiiau 70 expreSS that character, whiea eyiienlly
rniSled some members OF the Assembly. The cos
sritUton Of 1872 EsS The vOicc - the King granting.
rights % the PcOple Il De choose 10 retsin yoice
in TIE Legislature through His minister's !, could be
done. Thai such Ms the ia1ention, cannot be
doubted. Tor under aseieS The ministers held seats
in the House Of MOBILES, vita reserved right 10 BE-
heard In the House Of Representatives upon certain
oecssiOus- Under this provision they held seats.
and voted upon all measures before the House With
Out dispute a. 20 such right. They were assigned
s'seais 10 the House OF Mobiles Article - III this
substitution provides for the appointment OF Mobiles
who shah hold SEATS during life II Is fair 10 Say
THAT IL "sealS,' for the ministers, seats but
not votes the same construction would GepJiye the
Mobiles of votes The same wording being carried 1
into the constitution OF 1854. like construction
would deprive the Mobiles OF vote to-day 1t there
is any force TO the argument about seats what con-
Strucion should be given the LAST clause OF Arii-
Gle So which prescribcs that ministers shall not sit
upon the trial OF any impeachment Ii seats does
not votes u mast be the intention OF the con-
StiiuiOn to prevent ministers from visiting rs SPEC
tato=s, the high court of impeachment composed of
the mobiles Such construction is clearly uuteuable
and must be abandoned. By the constitution of /
1864 the two Houses Of the Assembly were fused. /
II became necessary then to do away with the right
of the ministry TO voice in the Assembly, de-
prve their position there, in accordance with the /
changed provisions of tie constitution. THIS wss /
duue in article ~ which prescrbes that they shall
hold seats e<-1ieiO, mobiles. in the Legislative
semblyn They nOld their seats ceO, aud only thus
for they are not mobiles in any sense. II minister
resigns or is removed his scat is gone and gone be-
cause he is no longer minister. In the Huuse how
ever the constitution declares that their rank shall
be that of Mobiles Possibly the Hawaiian version
has il more correctly, a. ma tcIeRd III " among
the mobiles" The position Of noble is wholly dis
tinct from that of minister His term of office is
Tor life, and BY appointment OF the King, who may.
under article 81 appoint twenty. That twenty never
have been appointed is no argument either side.
The pr rogaIivc ofsuch appointment al waysremaned
with the King, aud could have been exercised al any
time as it has been.
II is n we'll settled principle of law founded on
common sense and wisdom that long established
practice is indicative Of intent Under this principle
there can be- doubt OF the right of the ministry,
under the constitution, act in the Inllest sense,
as members OF the Legislative Assembly. AS before
said the question Is solely one OF construction and
Limitation. That of expediency ean-
not arise be acted upon by the Assembly. only
the Judges of the Supreme Court pass upon the
of the constitution.