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

ment of Justice, for the general well
fare, and for a perpetuation of the
of liberty necessarily re-
ouires that every Interpretation of
its powers should have constant
reference to these objects. No inter-
of the words in which
those powers are granted, can be
sound one which narrows down their
ordinary import so as to defeat those
objects. That would be to destroy
the spirit and cramp the letter."
This statement of one of the princi-
pies upon which the Constitution of
the United States should be inter-
preted, is as applicable to our Con-
stituton, which, we learn from its
preamble, was founded by the people
of the Hawaiian Islands and pro-
claimed by the King as their repre-
sentative, for the securing of civil
rights and enlightened constitutional
government, and for the restoration
of order, tranbuiliety and necessary
public confidence. The Constitution
signifies new departure, it abrogates
the old constitution, which il declares
subversive of civil rights and incom-
patible with enlightened constitution
al government. Our Constitution
then, must be interpreted with
constant reference to civil rights and
enlightened constitutional govern
ment. Reading it carefully through
and considering it as a whole, we
find that it exhibits n definite and
consistent purpose to attach res
possibility to power in every case.
1 understand by the Constitution
that all powers not expressly given
are reserved by the people, the
source now of all political power,
and that they intended that govern
ment should be conducted solely for
the benefit of the people and not for
the benefit of rulers. We find, upon
an examination of its provisions,
that the King may appoint an heir
with the consent of the Mobiles, that
he may proclaim war by consent of
the Legislature, that he may with
the advice of the Privy Council con-
vene the Legislature to extraordi-
nary sessions, that he may make
treaties affecting the tariff with the
approval of the Legislature, that he
may coin money and regulate the
currency by law, that is, through
legislative enactment, that he may
remove members of the Cabinet upon
a vote of want of confidence by the
Legislature or upon their conviction
of felony. In all these cases he
acts without prerogative, and by
virtue of the advice, consent or
conclusions of responsible officers or
departments of government. Then
in regard to the rest of the Consti-
tutional acts Of the sovereign, some
fifteen in number, we have the
sweeping provisions of Article 7S,
which, it seems to me, may be rea-
sonably said to apply to all constl-
tutional acts of the sovereign
whether executive or Legislative, un-
less an exception is made in the de-
finition of the act itself or of the me-
thod of performing it. The cases
that l have referred to, in which the
Kings performance depends upon
the action of responsible officers or
departments of government, would
seem to be the exceptions contem-
plated by Article 7S, in its proviso
"unless otherwise expressed"
This brings us to the question
whether Article 48 contains express
sions which take the act of vetoing
Legislative bill out of the rule laid
down by Article 78. And will
here refer again to Judge Story's
rules of Interpretation
Constitutions are not designed
for metaphysical or logical subtle
ties, for niceties of expression, for
critical propriety, for elaborate
shades of meaning, or for the exer-
else of philosophical acuteness, or
juridical research. They are instru-
ments of a practical nature, founded
on the common business of human
life, adapted to common wants, de-
signed for common use, and fitted
for common understandings. The
people make them, the people adopt
them, the people must be supposed
to read them with the help of COM
mon sense and cannot be presumed to
admit in them any recohdite mean
ing" Story's Com. sec. 210.
Also to Cooley's Constitutional
limitations (5ed) ". "Narrow and
technical reasoning is misplaced
when it is brought to bear upon an
instrument framed by the people
themselves for themselves and de-
signed as chart upon which every
man learned and unlearned may be
able to trace the leading principles
of government"
The proviso of Article 78 is "un-
less otherwise expressed" In the
case of exceptions above referred
to, it is provided that the act shall
be done by the King by virtue of
some other authority, as for in
stance, it is provided in Article %,
that sin any great emergency he
{ (the King) may, with the advice of
the Privy Council, convene the Le-
} gislature in extraordinary ses-