The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-04-24

The decision of the Supreme Court
frustrated the progress of reform. The
people by large majorities, in their
meetings, in their elections, in their
Legislature, had determined upon re-
moving supernumeraries and saving
expenses, and they commenced at the
most formidable act, not from personal
objection, but to save unnecessary ex-
penses, for the same reason that pre-
miums had been abolished, and naval
and military expenses and general
foreign missions and that the two ad-
ditional Judges were objected to in 1886
as unnecessary.
The record of what had passed indi-
Gated clearly what reforms they want
ed. The literal construction given to
the Constitution by the Court shows
that progress cannot come in this di-
rection, without its amendment, and
as the session of the legislature is at
hand, now is the time to consider any
changes which it is desirable should be
made-and digest and put them in form
ready for action.
Says an intelligent writer concerning
a recent decision of the Supreme Court
of New York: "This decision was
based partly upon the phraseology of
the statutes and partly upon the public
policy which those statutes were in
tended to embody.n In the present
case the decision of the minority of the
Bench-the thirteen lawyers and near
ly all of the Sc lay Legislators who
voted for the law-was based on that
policy, which had determined that no
influence should be used to thwart the
of Of ho
decision of the Court was based upon
more literal construction.
To have framed the phraseology of
the Constitution so there could have
been no misconstruction on so simple
question would seem to have been
easy. Everyone familiar with the his
tory of the last few years and especial
ly the few months before the 1st of
July, knows that whilst there was no
wish to curtail the power or privileges
of the King, there was determination
that abuses should be reformed, and
that the people did not intend to leave
any power III his hands or anywhere
else by which the progress of reform
could be hindered, and they thought
that unnecessary offices and expenses
should be abolished and many salaries
diminished. To some it would seem
that, for our small population, the
simpler our government machinery,
consistent with proper respect to per-
sonal rights, not only less expensive but
the better for the interests of the coun-
try. A smaller legislature, not more
than twelve mobiles and twelve COM
moners, would be more effective and
less cumbrous than the present body
and do the work with greater dispatch.
If the veto, independent or under MIN
isterial advice, is perpetuated, ma
jority of the legislature present being
quorum in regular session, should
override it. To require it to take two
thirds, with an Independent veto, is to
render it possible to make perpetual
the reign of the minority as is that of
the King. The Supreme Court should
be reorganized, but there is already a
committee appointed by the King for
that purpose. The Constitution needs
most careful revision by competent
man Of judicial mind who can impair
TALLY see and adjust the rights of all.
The present Constitution was too hast
lily made and does some things not in
tended, and leaves others undone, but
is an improvement on the last. To do
it well is great work, to adapt it to
the peculiar circumstances of the peo-
pie, but hope it may be done.
S. n. CASTLE.