The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-08-10
TUESDAY
THE LEGISLATURE.

THE LEGISLATURE.
The Legislative Assembly met yester-
day for dispatch of business after it's
long recess. 1t was in good working
humor, but somehow the introduction of
irrelevant matter led TO considerable
discussion and loss of time. First of all,
Mr.. Dole introduced a resolution declar-
ing Mr.. Kaulukou's seat vacant, under
article 20 OF the Constitution: ''The
Supreme Power of the Kingdom, in its
exercise, is divided into the Executive,
Legislative and Judicial. These shall
always be preserved distinct, and no
Judge of Court of Record shall ever be
a member Of the Legislative Assembly,"
Mr.. Dole argued that the Marshal OF the
Kingdom is essentially an executive of
fcer, and therefore that it was unconsti-
tutional for him to hold a seat in the
Legislative Assembly Now, Mr. Dole
is a lawyer, and he must know that his
resolution is without even color of legal
backing. 1t is either an insult to the
intelligence of the Legislature, or a very
severe reflection upon his own legal at
tainments. Nothing can be clearer than
this, that the law defining the functions
OF the three great divisions OF the Civil
Government of the Kingdom does not
contemplate chasing the Marshal as
member of the Executive branch. The
duties of the Marshal are clearly ex-
pressed his legal responsibilities are laid
down with great minuteness; but it is
nowhere stated that he is incompetent
TO hold a seat in the Legislative Assem-
bly,. In other words, he is not disqualified
from holding a seat in the Legislature
either by the Constitution or by statute.
Mr.. Dole's resolution was referred to the
Committee of the Whole and comes up
to-day, when it will probably call forth
long debate. This we should regard as
a waste of time, because unless the
House is prepared to arbitrarily expel
Mr.. Kaulukou because the King hon
ored him with his confidence in appoint
ing him to an Office of high trust and
dignity, we cannot understand what the
purpose of the resolution can possibly
be. 1t is postulated upon neither statute
nor Constitution, and is most conspicu-
ously what Mr. Dole himself might de
scribe an exhibition of pure cussed-
ness"
This matter having been temporarily
shelved, Mr.. Dickey popped up and re-
newed it in another shape. He moved
that the Judges of the Supreme Court be
requested to give an opinion upon the
legal qualifications of the member for
HiIo, Mr.. Kaulukou, to guide the Com
mittee of the Whole in it's deliberations.
This motion introduced a dangerous
precedent, or rather followed one al
ready set. We refer in this remark to
the reference to the Supreme Judiciary
on the Chinese tax bill, which elected
volley of blank shot from the Judges.
Mr.. Kaulukou remarked that he did not
care what opinion the Judges might
give in regard to his qualifications, SO
long as the House did not declare his |
seat vacant, the Constitution having
constituted the Legislative Assembly |
the sole Judge of the qualifica-
ton of its members. In this |
he was precisely right, but he missed |
the danger signal in Mr.. Dickey's mo- /
ton, which is this, that it sought to |
make the Supreme Court participant |
in Legislative debates and proceedings, /
and thus BY side-wind break down the |
barrier between the Legislative branch
OF the Government and the Judiciary, /
which the Constitution most wisely set /
up. Therein lies the danger OF this in
novation OF legislative caution, which
fears to trust itself to perform the duties
imposed by the Constitution, and seeks
to shelter its vacillating stupidity under
the ermine of the Judges. We hope,
however, upon all future occasions,
whatever the Supreme Court may or
may not do, it will not again engage in
he discussion by written brief OF any
bill during its progress through the Leg
stature. The House understood the
point apparently, for it Indefinitely post
poned Mr. Dickey's motion.
The Appropriation bill was considered
n Committee, after which the House
esumed, progress was reported and
cave given to sit again. An adjourn