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

OdIIiCu-
Special order of the day-consideratiol
OF a resolution offered by Mr.. Dole, il
Committee OF The Whole.
Mr.. Richardson was called 10 the chat
by the President.
The Secretary then read the resolution
as follows:
WHEREAS The Hon. John /. kaulukou
member for Hilo, has been commissioned
by His Majesty the King as Marshal of the
Kingdom, and Is now acting under said
commission "a Marshal as aforesaid, be il
! Resolved, That the seat of the said Hon
/ John L. Kaulukou is hereby declared
vacant, and a new election be ordered to
! fill such vacancy.
Mr.. Keau moved that when the commit
tee rise they recommend the House to in
definitely postpone the resolution.
Mr.. Dole said the subject brought up By
the resolution was of Importance. 1t was
not a question OF sentiment but OF the
meaning of the plain Hawaiian or English
OF article 20 of the Constitution, which says
that the Supreme Power of the Kingdom
is divided into the Executive, Legislative
and Judicial, and these shall always be
preserved distinct. These three powers,
in their enforcement, are to be kept dis
tinct. The meaning of that word is under
stood by all. Those who drafted the Con
stitution expected there would be an
amount of intelligence in future Legisla-
lures, otherwise they would have had to
publish dictionary, stating that the word
distinct means so and so. 1t seemed to
him that in article 90 when it means the
Executive refers to the King. The King
is a figure representing the whole country.
When the Marshal hangs a man he eXer-
cSes judicial power, of which the King is
the fountain head. The Legislative made
the laws, the Executive executed them,
and the Judicial interpreted them. Article
81 of the Constitution says; To the King
belongs the Executive Power" That is
true, and means nothing more than that
the King is the fountain head
Of the Executive of which the Mar
shall is one of the chief officers.
When the Marshal, under legal process,
takes possession of property, or hangs a
criminal, he did it in the name of the King. !
Article 81 says: The King is sovereign
of all the chiefs and of all the people; the
Kingdom is his. - This was not exactly true, |
for the King cannot touch the property of
poor man any more than a citizen can. |
The Marshal is the executive officer of the |
whole Kingdom. The exercise of his ex-
ecutive power reaches to every district. 1t |
may be argued that the Constitution only |
means to include Judges of the Supreme |
Court. No one will hardly have the te- !
merity to argue against article 90 Is it |
distinct for a man to be Marshal, member !
of the Legislative Assembly and a Judge of |
the Supreme Court? Suppose vacancy |
occurred tomorrow in the Supreme Court, |
and the King commissioned Mr.. KauIu-
kou to the vacancy, what would the latter
say? Suppose the King commissioned the
Marshal Judge of the Supreme Court,
how would that work? Imagine IA Judge !
sitting in a murder case and sentencing
the prisoner to death, and then executing
the man, carrying out his own order. This
Assembly made the law of escheats by !
which the executive took possession of
lands for the Government, involving
the rights of property, and the
Marshal was the executive agent
in such matters. If the same man
was to have part in making, executing and
the laws, was that keeping
the three branches distinct, according to
the Constitution. If so, then Mr.. Kaulu-
kou was entitled to retain his seat.
Mr.. Palohou was in favor of indefinitely
postponing the resolution. If it passed it
would apply to himself and other Sherifs
and Deputy Sheriffs in the House
Mr.. Kaunamano was also against the
resolution. Mr.. Dole had ability as law
yer, but he (the speaker) did not know
whether he had introduced the resolution
or for the mere sake of amuse-
ment.
Mr.. Dickey said that all the members
had taken a solemn oath to support the
Having taken that oath it
was necessary to understand article 20 of
the Constitution, and then carry it out.
The King and Ministers, being especially
granted participation in the legislative
branch under the Constitution, it was clear
they were not included in the prohibition
of article 20. If the Judges below the
Supreme Court Judges cannot sit in the
the Marshal cannot The
Marshal has more executive power than
the District Judges have judicial power.
He called upon the members not to allow
themselves to be biased by feelings of
but to remember the oath they
had taken.
His EXcellency Mr.. Dare said he believed
that Mr.. Dole had not introduced the reso-
luton with purpose of BUSTING Mr.. Kau-
lukou, but more on account of, or rather
lack of law on this subject. The reselu-
ton rested upon article 20 of the Constitu-
ton. This Assembly. sitting in committee
as Judge, should try this question by the
Mr.. Kaulukou had been
elected for the district of Hilo, his creden-
tials were accepted and he was a member
of the Assembly. Since bis election it had
pleased His Majesty to appoint him
Marshal of the Kingdom. The question
was, did the holding of that office disquaI-
ify him from sitting in the Legislative As
sembly. Mr.. Dole had supported his reso-
luton by article 90 He is a lawyer and
knows that the laws should be constructed
by their manifest intent. The manifest
intent of article 20 was that no judicial
officer should occupy a seat in the Legis-
lative Assembly, but an executive officer
might. Some may think this violent