The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-02-07


essential to its validity would rem
der invalid every statute passed by |
the Legislature of this Kingdom
since the Constitution of 1864 up to
the special session of 15s7--includ-
ing the whole Penal Code, and
throw the nation into the direst con-
fusion.
Article Is also provides that a
Bill may become law if the King
shall withhold it from the Legisla'
ture after the lapse of ten days from
the time of its presentation TO him.
In this case the King does no overt
act to the Bill. He neither signs
the Bill nor returns it with his OBJ
jeetions. Will it be contendcd that
this constructive approval of the
King requires the consent of the
Cabinet If so how shall it he ex-
pressed? BY the signature of a Mi
mister when the Kings name has not
been affixed to the Bill2
We think that the plain and OBJ
vious meaning Of the whole context
of Article Is is that the power Of the
King to approve or disapprorc u
Bill is a personal, individual right,
and this article standing alone
would never have given rise to
doubt. Since the 7Sth Article con-
tains the words ''unlcsS otherwise
expressed" therefore, amy act of
the King which does not, Ivy force OF
the article which defines the act, re-
ouire the consent of the Cabinet, is
excepted from the operation of the
general rule lsid down in Article Is.
BY this reasoning we do not find
Article IS to DC rcpUguant 70 Article
Is. Force aud effect is given to
both articles. wbiS6 is the proper
method Of construction, And in
this view ii is No; ns>><>&ry TO dis
cuSS the question whether Ae;ivle
IS being later in a,e Instrument
should control IN earlier article,
Whai is the ns.Ura at the set Of
s.,r hs0g in &vY7oYS@, or dtSApprOv-
4 ing 3 e5.ls Is Il aa executive or le-
. l,f>.aGs: taa>iaaa 1t Is to be no
ii:ea itai &1iis1s t> Ge5nlulng this
A a'uncdisn iis Identical wlGh the cores
4 gund3ne ARTICLE frV@ the Coustitu-
4 jem eE 1is 0'a5asd States, altered
4 eiaIp 50 far as 10 conform u the ma
tiare ut o@r Legislature which con-
s5$4s OF one House.
POwerOy. in Section la of his
Constitutional Law, says: Although
the Constitution, in its general lam
guage, vests the legislative power in
a Congress which is declared to con-
sist of Senate and House of
Representatives, yet reference to
other portions of the organic law
shows that this Congress does not,
in fact, possess the sole legislative
function. No law can be passed
without the consent of the EXecu
tive, unless two-thirds of both houses
shall finally concur therein. The
assent of the President is as neces-
sary to the enactment of any measure
having the nature of law, as that of
a majority of both branches of Con-
gress. In this the President legis-
lates. His affirmative or negative
decision is q step in the process of
creating and not of executing laws.
BY virtue of the various provisions
of the Constitution, the Congress is
in fact, though not formally and in
terms, composed of three distinct
bodies-President, Senate and House
of Representatives, and all must
concur, with the single exception
just noticed, that a two-thirds vote
of both the other branches avails
against the dissent of the Execu.
tive"
In Fowler VS.. Peirce, 2 Cal. 1G5
it was held that in approving ;
, statute, the Executive acts as q com
ponent part of the law-makins
power, and his power of approva
5 ceases on the adjournment of th
| Legislature.
2 We understand that Won Hoist,
} German writer, holds a differen
| opinion. But whereas in the Unite,
States since the legislative power i
e vested by the Constitution in tn
: Congress OF the United States,
t there may be differences of opinio
f as to the character of the President
: act, the question admits of no douh
( as regards the King of these Islands
: for Article "A reads: "The legisla
t tive power of the Kingdom is veste
: in the King and the LegiSlaturt
It which shall consist of the Noble
f and Representatives sitting te
gether."
e The Kings act in approving {
Y disappearing bills is the exercise {
t legislative function, for he is by th
u organic law constituent of the la
making body. 1t cannot be seriousl
n contended that article A, abov
t quoted, should be coupled with Al
Y ticle rs, and that without Articl
: ~, which gives the Cabinet seats i
G the Legislature, they would be yes
/ ed with legislative power. That th
t King is part of the law-makin
G power is further evidenced by Art
: Gle 7G of the Constitution, which d(
e clares that the enacting style
: making and passing all acts and law
t shall be: "Be it enacted by til
| 4 4I,o 4 4,,.,, a A. II