The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-08-11
THE LEGISLATURE.
sEvENTY-sECoND DAY. - CONTINUED
TUESDAY, Aug. 10th.
AFTERNOON SESSION.

The committee resumed at 1:45
p. NJ.
Rep. Thurston remarked that the
person was in no way involved in
the discussion. He took issue with
the Attorney-General (Dare) in
arguing that the Constitution ex-
pressly allowed executive officers to
hold seats in the Legislature. They
must look to the origin of this arti-
Gle (20). 1t originated in England,
where, centuries ago, the lords rode
roughshod over the common people.
There, after centuries of bloodshed,
the privileged classes were deprived
of undue power in the government
Of the realm. The common people
had their privileges preserved in the
United States and the British Colo.
MES, and in this kingdom, under
the Kamehmehas, the executive had
abdicated their absolute sway and
admitted the people to full equality
in government. In the early part
of the present reign there was no
interference with the exercise of
popular rights on the part of the
executive. But since the present
administration came into power the
executive had been gradually break
ing down the privileges of the peo-
pie, until they saw the Marshal of
the kingdom sitting in this house.
There were in the present Assembly
nine tax assessors, three judges,
four deputy sheriffs, one road-super-
visor-in-chief, the Postmaster-Gen-
eral, the Marshal, the Clerk of the
Board of Health, and an officer in
the standing army. Eleven of these
officers had been appointed during
the present session of the Assembly.
Actually this was as much bribery
as if the Ministry stood over these
officers, holding before their eyes
the respective amounts of their sala-
ries. 1t was an encroachment by
the executive on the rights of the
people who sent those men here to
represent them. The hon. member
for Lahaina (Aholo) discharged
four distinct functions under the
Government. He was Postmaster
General, Police Justice, Tax Asses
sor and Representative, and it was
impossible in human nature that he
should without bias represent his
constituency in the Legislature.
Were his constituents to be satis-
fed with quarter representative,
whose other three parts were de-
pendent entirely upon the favor of
the executive? The holding of posi-
tions under different branches OF
the Government, was as if lawyer
engaged on one side of case took
fees from the other side. In reply
to Rep. Palohau, who asked how i
came that the speaker sometimes
/ stayed away to attend to cases il
the Supreme Court, he said HI
did not care what business thu
member for Hilo engaged in out
side, or how much money III
made, so long as he did not at
tempt to occupy positions il
two distinct branches of governmen
at the same moment. 1t was anus
ing to hear the arguments on tn
other side. The hon. member TO
I Honolulu contended that the onl,
, executive officer was the King, TAX
ing ten minutes to prove his point
while the Attorney-General hel,
that every officer who helped t
r execute the laws belonged to tn
. executive, which was perfectl
q right. Members of this house hold
, ing executive offices might justl
confess to their constituents tina
e they represented them in the Legis
| lature so as not to conflict with thei
executive functions and positions
To expect faithful representation O
the people from such persons was a
unreasonable as to expect to &c
e cold water and hot out of on
a spring.
O Rep. Kaulukou supposed tha
being, as it were, defendant in thi
case, did not bar him from speak
: ing. This very question was raise
s here before in the case of Distrit
: Judge Kamakau, appointed to tn
House of Mobiles, and who was pei
mitted to hold his seat in the Al
: sembly. The speaker did not hol
= his seat in the house as Marshal {
:, the Kingdom, but because he wa