The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-02-03

not force the King to send a veto,
nor can they do so over their sigma
turc. The veto power is not in the
hands of the Cabinet. If the Minis
try have the full power of veto,
then Art. lS Of the Constitution |
should be wiped out of the Consti-
tuition. lie anticipated that the
counsel for plaintiff would use rs an
argument that the trainers of the
Constitution had in mind the many
evils resulting from the old instru-
ment, and they intended curtailing
the power OF the King. Who shall
say what the evils were, to be reme-
died by the new Constitution. And
it is apparent that your honors cam
not 60 outside of the Constitution in
arriving at q decision. The instru-
ment was not put in force to meet
the eXigencies of to-day, but was
for all time. All of these sugges-
tions are submitted to your honors,
and you are bound to look at the
instrument itself and not to the
motive which framed it. L fail to
see where any restriction can be
found on the King in Art. 4S, and
if there is none then the section
must be taken as it reads.
Mr.. Hatch quoted from Constitu-
tional law to prove that were u GER
tain particular power is given, that
must have effect against any general
words that will wipe that power out
eff existence. Article rs was quoted.
"Unless otherwise expressed" is
u very sweeping clause. 1t would
have been so simple to have omitted
the veto clause, and given the Cabi-
net the power, which no doubt would
have been done had they so desired.
LII conclusion | submit to your
honors this is not question of to-
day but is for all time to come.
Article 23 of the Constitution pro-
vides that any member of the Royal
family who may be eligible to the
Throne, and who wishes to marry,
must do so with the consent of the
King, but the construction put upon
the Constitution by the other side
this act would also require the con-
sent Of the Cabinet.
The Acknowledgement then re-
piled for the plaintiff. If the King
has not a personal and irresponsible
right of veto then this act of bis is
a nullity and the law has become an
operative statute. 1t is often diff
cult to find the causes of action, as
in the case of this power taken from
the King by the Constitution.
Article As is to be read and con-
strued as being tackled on TO Article
rs. Then it will read that any act
done by the King, unless otherwise
expressed, shall be "by and with
the consent of the Cabinet" l adj
nit that under the old Constitution
the act OF signing bill was legis-
lative act; but under the new Con.
stitution it is not, because if the
King does nothing the bill becomes
law, and in that case it is not neces-
sary to have his signature to make
the law valid.
Article rs of the Constitution
must be ignored to contend that the
King has Il personal right of veto.
l contend that signing u veto mes
sage is an act, and therefore comes
under this article of the Constitu-
ton. If there is special repug-
nance between Arts. 48 and rs, then
L submit that Art. rs being later in
the Constitution, shall be accorded
the preference, If we are to con-
slider Article 78,to be in effect, then
the King has not the power of q
personal veto. 1t is not only Article
rs that must be set aside in order
to uphold this power of veto, but
the latter part of Art. Al as well.
Upon the decision which your honors
may give in this case depends the
political status of this country. 1t
may be quite probable that it will
block all legislation, if it is decided
that the King has this power. Fol-
nearly 200 years no veto has beer
interposed in England. AT one
time when bill was sent to Queer
Victoria for her approval, she hesi,
tated about granting such approva
, as the bill was distasteful to her
but upon being informed that it wa;
the wish of her Ministers that she
should approve it, and the sale
4 Ministers represent the people, sht
: withdrew her objections, and thu
: bill became law. There is bu
: little more to be said, but the con
| sequences that must result from al
/ adverse decision to the Government
: must fall where it will, as free po
S litical institutions, and responsible
4 monarchial Government will b,
smothered. / submit the case t.
r your consideration.
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