The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1886-08-17

III Us tXe-cfSs. l. G1NiCe INTO tle CNeC0lVe. Leg
iSl9uvs SRd 1D1icl2l; thsSs shall SgyNyS Be prs
Ssrve6 distinct, and 70 JC6Ss ot Court Of Record
SeSll evs- be member 81 the Legislative As
SsEhlv,
he Is 3 lawyer sad knows tha, the laws should
cs constructed oy their manifest intent, 1bs man
itsS. intent ot Article - thai judicial oti
csS ShO1ii occupy = Ssat IN the Legislative Assem-
hly, but 81 executive othcsr might. Some Taay
think this violent construction. The trainers of
the Constitution never intended that the executive
Sholl6 be sSclc5ed.
Rep DlcAey, intezrlp,lnG. Why then, Is the
sxscctivs nasnto2sds
The Attorney sy-GensrSl. >'Wlll come 10 that pres
entity WHIST Is n,sant hy the vordS 20 preserve
"diSiinesg 1, rasaRs that that the executive ShSl
not perform Sny Legislative set, Snd the legislative
shSll perform no executive Sct,
Representative Dicksy. "How Is IL where two
thirds Of the Legislature Is composed Of executive
o5Scs-sF
The Attorney -Gsasral; Let NE 90 on. Will you ,
Il means tbSt II the SbSsncs OF the LeSiSlaturs.
the Executive cSn make no laws But II does not
prohibit the Executive "a take pSrt II tue LelSa-
tcre An6 assist in making laws. The members Of
the Cabinet. Governor DominiS, the chief eNecu-
tive of The Islands OF Maui Srd Oahu. Hon. Mr..
Bishop, Hon. Mr.. MSctAriSns. all belong 30 the
executive S15 they Occ1py seats N the lsSiSla-
turs Articls - provides the oath Of Office. II Is
: solemn cath. and be for one believed he wSS
cOlScie1oo-Sy supporting tue Consultation OF
the United SsS- of Hawaii IN opposing this
resolution. Inc executive affairs Of the Govern
usrt were particularly referred TO IN Article Il.
Who constitutes the executive branch of the
Government Why. the Marshal. every Sheriff,
Dspzty-ShsriE Snd officer who serves process
Rep Dole was An executive officer when he was
sppointsd au administrator OF sn estate or the
rscsiyer Of q b2nkFup: estate. The hing was the
chief executive officer, Srd holds the highest leSiS
lSrIvs power, be veto 9ny OF the bills passed
by the Assembly. He would DEFY any one to draw
Z line 10 show where the executive power began
sn6 where II csGSss- The trainers Of the Consti-
t1tion never intended tnSt any executive officer
should be excluded FROM the Legislature. The iu-
dicSl branch Is defined 10 be the Judges the LsSis
every other uan who performed Sny set connected
with the Government
The hour being twelve minutes past ls. motion
vas inside for Sn adjournment until l:S0 p N,
which vSS carried, Snd the committee rose
AFTERNOON.
On rssssembIinS az la o'clock Representative
ThurStoa took the aoor and spoke TO the reSolu-
tion II substance SIS follows:
The question did not involve the personality of
Representative haulukol: II goes further: 1t in
wolves ths whole principle OF legislation. The
Attorney General had sisted thst the Constitu-
.ior expressly allowed members OF the Executive
70 participate II the Legislature With that he
mast take issue. They must look 70 the origin OF
article - OF the Constitution. This rule originated
Il Ensla1t- II took centuries OF toll and blood
she'd 70 PCT the E19lShnAn where lie stands to-day.
The people Of the United States and English COL
OuIsS Slso stand fcse to-day. The hamebsmehSS
r.acE1 II ELC same H1>lklQl. Nd
niehsmehs sid the people should have the Lsgis-
Lz:tTe and he the Executive. In the earlier days
OF the p-eSS1. reign there Interference, but
ever since the present leader CT the Government
Cane into power the safeguard around the Con-
ssit1iiol had been broken down. and now they
ssE the Marshal Of the Kingdom sitting II the
Legislature. Ihey had seen. during the last four
or i've years. more members coming IN who ara
members OF the Executive They were going from
bsd to worse. In the present Legislature may be
found nine Tax assessors, three Judges. four
Deputy SherHs- one Road upsrTisor-In-C Chief,
one POStnaSte--Gslsral, one Marshal, Clerk Of
the BoGrd OF Health, and an Officer OF the Army.
be did not kDOE hov many more were expecting
70 come N. Elsysn OF these officers had
been appointed since the commencement OF the
session Morally Ii L as much bribery as If the
Ministers paid the salary In advance over to these
men Il vas an 6Cc-Oschnelt BY the Executive
on the rights OF the people The Attorney Gen
ersl says Ii Is Just wrong for all the others 10
Be II the EoGSs as the Marshal. That Is Just Ii,
ard Shat they working for. if ii Is not accom-
pShe6 this session u will be In the future If they
have 20 spend al their lives at IL The Lzgisla-
tive is being encrOached upon by the Executive
Il the people elect man to Sit II the Legislature,
5y ballot, they do not Ezve a full Representative
II h belongs % the Executive IhSre Is one Re
preventative sitting N the House, Representative
AEU.o. EEO holds three Executive Offices, Post
master General. Poles J1stieS and Tax Assessor.
Have the people % LsDsIu. IN unbiased Repre-
sentative IL Nh. AEO.O: Il simply iInDCSSI-
be sUc Z. man 70 EO.d lCcratiTe position uDdeE
the Executive ana bs unbiased. Ihe Executive
sLO-l6 bs EzIltzIrs1 distinct Il vas impoSsi-l Il
fora man 70 ecs OF tao sides AZ once. Was II
possible fI- man 10 SIT as Judge, theE come down
EroG Ire bench aud argue tEe case, and 20 back
and decide Il: That vas precisely the situation as
Ss- fO-th oy the Attorney General. II Eas Z weak
pulr- UE the Hawaiian Government IN allowing
Exsc-EzTs 0-lea-s 10 sit II the Legislature III
frs began with Assessors, until II has reached
alu0st the head Executive officer. The Executive
and the Legislative sho1ld be preserved distinct.
One uzl cannot represent the Legislative and the
Executive az TIE sane time. If this thing goes on.
the whole OF the Representatives Of the L=gisla-
tGre vii be members OF the Executive. Ii vas for
the p1rpOSe OF the fighting against that, tzt this
resolution Eas introduced.
Representative ka1Iuk01 said that he vas the
party Et0 held the position complained OF. and
being S1eh. ne desired 10 speak. This was not the
first time that point had been raised relative to
tEs qualifications Of members holding Govern
nent positions % seats IN the Assembly. Some
years ago The point raised il the case OF Jadge
hzuzkz1. : circuit judge, and, after a long dis
e1sszoc- TIE Judge vas Permitted TO Occupy his
sea. Is = u=moeE OF the House OF MOBILES He.
the speaker. as sitting Is representative from
HiLO. nj ss Marshal OF Ihe Kingdom.
The Minister Of th= Interior said that he COZ
si6s-sd that the question had been well argued.
and b considered tie Interpretation Of Article -
OF E1s Constitution b. the Attorney General vas
II accordance win coIomOl sense Everywhere
ns1 OF action and power sre wanted. See the
number OF Generals seat 10 represent the people
II the United States Congress! These executive
Es1 sr7 preferred, and s01ght after by the people
Here they had GoTeElnsnE officers, = Commander
OF tr0Ops- Marshal. and Ministers all controlling
Ls5Or- Ih= AttOrley-Genersl controls the police
They z-e al invested EIth representative pozer.
Rep hzCl1kO1, aS representative Of the peOple
Of HILOs void do nothing 10 coafict With the IN
ter@.s Of his e3usrt1slEs- II q Representative
after EesITIng c0npsnsztlol for his services then
changes fee for drafting Legislative documents,
would they say that violation. He hoped
thz question mould bs speedily put 10 . vote. and
the resolution indefinitely postponed.
Hon. c. z Bishop vas n0E satisfied that the