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

duties of said office.
(2) That he admits that he was,
prior to the 3lst of December, 1887, !
and says he now is the duly commits
stoned Governor of the Island of
Maui, and in possession Of the re-
cords of said office.
(3.) That he denies that there is
in existence any law of this King
dom, which requires him to transfer
and deliver to the sheriff of the said
Island of Maui, certain records of
the office of said Governor of Maui,
to wit: the records relating to the
administration of oaths and the TAX
ing of dispositions the selection and
construction of pounds and the APP
pointment and removal of pound
masters; the certification of impress
sions of brands and marks; the con-
troll, preservation and disposition of
wrecks and wreckages; the shipping
and discharge of seamen: and the
testing and certifcation of weights
and measures.
(4) That he admit that the de-
mand has been made since the list
day of December, 1887, to so trans
fer and deliver TO the plaintiff the
records aforementioned.
And this defendant further an
swering, says that he was commits
stoned as Governor of said Island
of Maui, on the 18th day of October,
A. ID. 1886, and can only he removed
from said office by impeachment.
Wherefore lie prays that said
petition be dimissed with costs.
DECISION.
The certificate attached to the
Act under consideration makes it
known that the Act was returned by
the King unsigned, with message
setting forth certain reasons why he
refused to sign the same, and that
such message was not countersigned
| by Minister, and that His Ms
| jesty's act i'll SO returning the same
was done without the &Gvsco and
consent of the Cabinet, sa& i.,,s3 l.iss
Legislature considered iiial i.ii>
was Rot : refusal, u eedQ., is napt~
larly STYLED, wglhian inc meaning hi
Article Is Oh 5te Constitution
II there GA& l5eeu Q curstGi6tiialall
veto OF tbs: &cG eD' bill iii iss ailme
hat by ths prcvissRnt> li &r,titil! ls>
i t was left for the lRg'is!aIlee tn rv..
consider and make 1lAs bill . Law hy
two-thirds vote Of the elective
members, and that failing this the
bill remained vetoed.
The controlling question then is
whether the refusal of the King to
sign bill which has been passed
by majority of the Legislature re-
quires for its validity to be done by
the advice and consent of his Cab
met, evinced by the counter-signa-
ture of Minister, or is the individ-
ual right of the King.
We are thus led to consider what
is the meaning of Article Is of the
Constitution, and whether the
power of the King in approving or
disappearing of bills passed by the
Legislature is controlled by Article
rs, and to determine whether Arti-
Gle 4S is an exception to the general
words of Article rs. The words in
this article which provide for the
exceptions to which they shall not ap-
ply, are unless oMeracisc &C.
PreSSeG."
| This means that any act which the
Constitution requires to be done by
the King shall be done by him by and
with the consent of the Cabinet, unless
the article defining the act TO be
done shall of itself show that the
concurrence of the Cabinet is no
required. An illustration of this il
found in Article 20, where the King
His Cabinet and the Iegislatur,
have the authority to require opin
IONS of the Justices of the Suprem
Court. The context shows that a
the Cabinet have this authority, an,
the King also has it, the concurrenc
of the Cabinet is not necessary t.
enable the King to procure sucl
opinion.
: So also in Article Al where th
power is given to the King to ap
! point and commission his Cabne
2 and to remove them upon vote O
: want of confidence by the Legisla
ture. From the nature of the act c
Y removal the Cabinet could not with
hold their consent to the Kings &C
! in removing them. 1t is here ex
4 pressed otherwise than that this az
: requires the advice and consent c
1 the Cabinet.
/ In Article 48 which prescrbes til
2 method by which bill passed b
: the Legislature may become law,
| is required that such bill shall, as
I condition precedent, be presente
Q to the King. His mind must the
e act upon it, for ''if he approve of
4 he shall sign it and it shall thereb
become law" This act of al
t proval implies that he has becom
e acquainted with its contents an
a that in the exercise of his judgmel
} he deems it advisable that it becom
I law. The nature of this act rt
quires his reasoning faculties to b
: exerted as to the necessity and wis
D dom of the measure. In arriving Q
l.