The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-05-18

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had augmented to more than
S2S,000.
After further observations from
Rep. Dole.
Minister Galck stated that the
matter was entirely in the hands of
the Board of immigration, the
treasury simply acting as agent to
receive and pay out money. He re-
peated in substance his explanation
of the other day.
Rep. Dole said the explanation of
the Minister of Finance cleared the
matter up very much. The Minis
ter of Foreign Affairs said it was
paid out, the Attorney-General said
it could not he paid out because it
was not in the Appropriation Bill.
Now the Minister of Finance says it
has been paid out. 1t appears this
money has been paid out without
any account of it. 1t does not APP
pear in the report of the Minister of
Finance. That is wrong. When it
is realization it should not have
been taken out without authority.
The Minister of Interior said on
Friday he was acting on the Postal
Savings Bank Act, but the statement
to. day seemed to show he was acting
on that, for he has been receiving
and paying it out as if through n
savings bank. His Ex. the Attor-
ney.General could not stake his pro-
fessional reputation as lawyer on
that position, because that course
was begun before signing the treaty
with Japan. And he gets from the
treaty provision for relieving the
japanese from taxes for three years
as justification. He was without
any authority for acting under that
clause until that treaty had been
acted upon by this Assembly. Sec.
20 of the constitution says the King
has power to make treaties and that
such treaties or any law based on
them shall be confirmed by this AS
sembly. If they were acting on this
could hardly have failed to bring in
request, as sooon as this session
was opened, that this treaty should
be confirmed. The correspondence
which preceded this treaty covered
time from somewhere in August up
to March this year. Here money
has been received, as said, under
the provisions of this treaty from
the llth of December, whereas the
treaty which made it good was
signed in March, 1886. Suppose
there had been difference between
the contracting powers and the treaty
had not been been signed at all,
where would they have been? And
he asked where are they now that
this treaty has not the effect or power
of law until it is passed. Suppose
the treaty had been in existence all
that time. so far as he could see,
there having been no session of the
Hawaiian Legislature, they received
their authority from the japanese
Government. And to-day they were
asking the japanese Government, as
if they were its agents, to make this
change. 1t is SAID if this clause
goes into effect we would give back
this money. How would we give
it back if there is no appropriation
for it? The Acknowledgement says
that if they had not been bound to
do it, it would not have been done.
Who bound them to do it unless it
was the Japanese Government? 1t
seemed to him an undignified posi-.
ton for any Government to take in
the face of another Government.
He felt that the Ministry had acted
in this case for the public good. The
japanese immigrants had been a
benefit to the country. He COM
mended them for their public spirit.
But no benefit of that kind could
make up for the loss which the
country receives when the dignity
and supremacy of our own laws are
set aside. The example set in high
places, to set aside our own laws
whenever it is expedient, will not be
long spreading to the humblest cit-
zen. He believed the Ministry had
acted illegally without knowing each
others views on the matter, and
they proposed to do it again. They
had done wrong in not keeping
an account of those moneys which
had been paid out of the treasury.
1t might be true that they had n
right to receive money without
authority of the Legislature, but
unless it was in the treasury they
had no right to pay it out. Suppose
dispute should arise between the
Governments about this fund, our
Government could not show an ac-
count of it. 1t must have been
necessity for the Government to
have this money, otherwise they
would have been behind about $4,000
on the 3lst of March. The Govern
ment had been reckless. At the
same time he should vote for this
$4,000 as matter of national
honor.
Rep. Castle said he asked number
of questions the other day and had
rendered his assistance to the Gov
ernment, but he could not get the
information he desired. The At
torney-General had presented no
arguments regarding the legality or
otherwise of the course pursued, yet
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