The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1876-09-02
Remarks of the Attorney General
AGAINST RESOLUTION OF THE Hon. Mr.. PuIPo, ARG.
IS. 1876, TO PAY REPRESENTATIVE 500 EACH,
As EXPENSES OF THE SESSION"

As " EXPENSES OF THE SESSION.
MI. President 1 am glad that this resolution
has been introduced. 1t gives this House the OPP
portunity OF reversing its action on the resolution
of last Saturday. II can not lie that O single men,
Der nf this Assembly voted dishonesty at that
time. Many of them must have been mistaken
one at least has intimated as much. The Assem-
bly, Is mistaken in regarding the resolution signed
by His Majesty, as allowing in any manner, that
clause of the former resolution which this House
voted down as unconstitutional The resolution
asking for $1,000 was unconstitutional because it
proposed 10 vote $3.50 to each of the twenty-seven
Representatives in the House. The resolution ask
ing for $1,000 omitted that clause. 1t was simply
for the additional expenses of this session. The
difference took from the second the stigma of un-
constitute nality.
The honorable member for North Kona. who has
just taken his seat, urges that under heaven there
is but one power over this country, that is this AS
sembly. The Legislature. he says, is higher than
the King. higher than the Supreme Court, higher
than the Ministry nothing can control its action,
its voice is law. No, MIR. President, the honorable
gentleman is mistaken there Is one power in the
nation higher than the King, than this Assembly,
than the Supreme Court. That power,-that au-
thority is the Constitution. To it both King and
Ministry, both Legislative Assembly and the Su-
preme Court must bow. The King. his Ministry,
the Supreme Court, this Assembly have no power
to touch the sacred words of that instrument. No
law. no resolution, no action of this House contra
ry 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 it
seemed as if the simple statement of the case would
show it. and no extended argument was entered
into. From the remarks made by those who sup
ported the resolution it appeared that there was a
confusion OF mind concerning expenditures not
prohibited, and those directly refused by the Con-
stitution. 1t seems well therefore to enter into the
merits of the case.
The Constitution provides that the Legislature
shall meet every two wears. Nothing ia 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-
stitntion would fail of fulfllment. Such ~construc-
ton cannot be allowed, and all necessary expenses
must be constitutional. But it was urged that
resolutions allowing each member postage stamps,
lunches, and that each member shall be supplied
with the printed laws of this session, the new vol
ume of the Supreme Court reports, are unconstitu-
tional but as they all passed and are allowed,
they Justify this. Without entering into the merits
OF Il sophistical argument which makes q right out
of several wrongs. it will be sufficient TO show that
even these matters do not stand on the same basis
as this resolution. 1t may be claimed that the
lunches hurry forward the session and thereby
lessen general expenses. 1t may be claimed that
members who leave at the close of the session, who
are still members of the House and may be called
at any time to O special session, as such may need
instruction and information for use as legislators.
1t 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
number of stamps, that carrying on the public
business need not be at private expense. 1t may
be claimed that mileage is constitutional, for with
ont it the members would be put TO expense which
must be deducted from their constitutional compen-
sation of two hundred and Fifty dollars. Each
member can claim that full amount. All such
claims can be fairly made, anda question honestly
raised. The majority of constitutional writer's
always have and always shall oppose such ex-
penses as useless and unauthorized, except mileage.
But it must be observed that for these matters
l. & - RaS1 80 Aho hiln Nh4 400
luton under discussion is clearly and distinctly in
opposition to the explicit terms of Article sc.
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 in Privy Council. 1t has
been argued that the converse of this Is true, that
with such sanction any money may be appropriat-
ed 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 sc 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 same
Article also provides that no law increasing such
compensation shall take effect during the session
Of its passage. No terms could be more explicit
than these, yet it is proposed to pay one hundred
dollars over the two hundred and fifty dollars al
ready paid TO each member. Much ~sophistry has
been used 10 show that this is not increased COM
pensation, 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-
tional sum Of one hundred dollars each. This res
olution is so clearly contrary TO the Constitution
that it fills me with surprise that so many honora~
BILE members can mistake. No argument can con-
vince me that l am wrong. No argument ought to
be received by the twenty-three who voted in favor
of this measure, TO show that this Assembly has
any power to vote anything of this kind. If this
a he done there ran ho m hOnndS tn the UoTpF
of this House. If they can vote one hundred dol
lars apiece, they can as well and as rightly vote
Eve hundred, or they can appropriate every dollar
in the treasury to their private use.
The Hon. Mr.. Pilipo claims that this is a ques-
ton between the Legislative Assembly and the
four Ministers, that the House exercising its right
ful functions is opposed by a Ministry unrighteous-
ly and wickedly. He urges his fellow members to
stand by their action that the Assembly may vim
dictate its high character and not be beaten by
those four men," This session opened with many
protestations of desire for reform, of earnest pur-
pose, of the honorable member as we'll 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.. Pilipo beggars this
question, be fails to rise to its height He calls 1t
a difference between the Ministry and the Honse.
Never since a constitution was given to this nation
was so important a question presented. Before its
s~olemnity 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-seven
hundred dollars TO ALE is lost from sight in the
grand proportions of the matter before this Assem-
bly,. In simple language the question becomes,
e. + Hawaii able to sustain constitutional govern
ment? Is representation a failure with this peo-
ple?N We stand to-day before q nation anTiously
awaiting the answer to be made. Shall we by orr
vote declare that we will deliberately trample un-
der foot the sacred guarantee Of popular right and
freedom. Nay. we stand before a larger assembly,
we are to-day a~yraigned before an expectant
world. II we cast from our doors this hated phan-
tom of evil, this grim shadow, behind which stands
unlimited evil for Hawaii. death to orr national In
dependence, we are indicated, we shall declare