The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-08-11
Afternoon Session.

/ lnVOlYethe personality OF Mr.. kaulukOu5 II
/ goes further; it involves the whole princi-
pie OF legislation. The Attorney General
had stated that the Constitution expressly
! allowed members of the Executive to par
! ticipate in the Legislature With that he
must take issue. They must look to the
origin of article 20 of the Constitution.
! This rule originated in England. 1t took
centuries of toll and blOodshed to put the
! Englishman where he stands to-day. The
! people of the United States and the Eng
| lsh colonies also stand free to-day. The
! Kamehamehas placed the Hawaiians in
/ the same position. Kamehameha said the
/ people should have the Legislative and he
the Executives In the earlier days of the
| present reign there was no interference, but
ever since the present leader of the Gov
eminent came into power the safeguard
| around the Constitution had been broken
down, and now they saw the Marshal of
the Kingdom sitting in the Legislature
They had seen, during the last four or five
years, more members coming in who are
members of the Executive. They were
going from bad to worse. In the present
Legislature may be found nine Tax Asses
sors, three Judges, four Deputy Sheriffs,
one Road SupervisOr-in-Chief, one Post
master General, one Marshal, Clerk of
the Board of Health and an officer of the
army. He did not know how many more
were expecting to come in. Eleven of
these officers had been appointed since the
commencement of the session. Morally it
is as much bribery as if the Ministers
paid over money to these men. 1t was
an encroachment by the Executive on
the rights of the people. The Attorney
General'says it is just as wrong for all the
others to be in the House as the Marshal.
That is just it, and what they are working
for. If it is not accomplished this session
it will be in the future, if they have to
spend all their lives al it. The Legislative
is being encroached upon By the Execu-
tive. If the people elect to sit in
the Legislature, by ballot, they do
not have full Representative if
he belongs to the Executive. There
is one Representative sitting i'll the
House, Mr.. Aholo, who holds three
Executive offices, Postmaster General,
Police Justice and Tax Assessor. Have
the people of Lahaina an unbiased Repre-
sentative in Mr.. Aholo? 1t was simply
impossible for man to hold lucrative pO-
stiOn under the Executive and be UNI
biased. The Executive should be main
tanned distinct. 1t was impossible for a
man to act on two sides at once. Was it
possible for man to sit as Judge then
come down from the bench and argue the
case, and go back and decide it? That
was precisely the situation set forth by
the Attorney General. Mr.. Kaulukou was
transgressing the laws by giving away the
rights of his constituents. 1t was a weak
point of the Hawaiian Government in al
lowing Executive officers to sit i'll the Leg
islature. 1t first began with Assessors,
until it has reached almost the head Ex-
ecutive officer. The Executive and the
Legislative should be preserved distinct.
One man cannot represent the Legislative /
and the Executive at the same time. If
this thing goes on, the whole of the Repre- |
sentatives of the Legislature will be mem
bers of the Executive. 1t was for the pur-
pose of fighting against that, that this reso- /
luton was introduced.
Mr.. Kaulukou said he was the party |
complained of, and thought he had right |
to speak. 1t was not the first time such |
point had been raised Several years ago /
a Circuit Judge sat in the House of No |
bles. The question came up, and after
long discussion it was declared he had
right to his seat. He (the speaker sat in
this Assembly as representative of /
HilO and not as Marshal. The Constitu-
ton was very clear in the matter. 1t was
drafted by the late Chief Justice Harris.
If they could ask him whether the execu- /
tive could sit in the Legislature, he would J
tell them that it was a foolish waste of time /
in discussing the resolution. Mr. Dole
and his party had evidently brooded
over this resolution. They had spent /
money, subjected themselves to sea-
sickness and the hardships of horseback .
riding for the purpose of getting their party
elected; but they are in the minority. and /
consequently feel sore. The resolution
was the outcome of bad feeling. Mr..
Thurston feels sore because some members /
have got appointments and he is left out
Perhaps if an office were to be given him it
would soothe him.
His Excellency Mr.. Gibson said he felt
that there was little for him to say. The
question had been well argued, In the
first place their is no law for guide to en-
able the House TO decide, only the inter
probation of the Constitution. IN regard
to the Interpretation, the lucid argument
set forth by the Attorney General was very
satisfactory to his mind. He would say to
Mr.. Dickey that he was mindful of the
solemn oath he had taken. The interpre-
tation of article 20 by the Attorney General
was a correct and just one, and in accord
ance with common sense, There Is 4 di-
vision of power, the Executive, Legislative
and Judicial. Men of action and power
are wanted. How many Generals are sent
to represent the people in the United
States Congress? These Executive men
are preferred, and sought after by the peo-
pie Here they had Government officers,
a Commander Of troops, Marshal and
Ministers, all controlling labor, The At
torney General controls the police, They
are all invested with Executive power, but