The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-02-03
THE
FRIDAY, FEB. 8, 1888.
TIE VETO QUESTION.


The cause of T. w. Everett,
Sheriff of Maui, versus r.. ii. Baker,
Governor of the same island, was
heard in the Supreme Court yester-
day. The five judges were on the
bench. The plaintiff had made
demand for the transfer OF the re-
cords of the Governors office TO
that of the Sheriff, under an Act
passed at the session Of 1887 of the
Legislature, Ito provide for the dis
charge of certain duties heretofore
performed by the Governors of the
different islands," The defendant
had refused to comply with the de-
mand, denying the existence of any
law requiring him to do so. The
Attorney-General appeared for the
plaintiff and Messrs. Hatch and
Rosa for the defendant.
The case was opened by the At
torney-General reading the writ of
mandamus, to which Mr.. Rosa read
the answer.
The Attorney-General stated that
the answer to the writ denies the
eXistencetof any law whereby the
office of Governor is abolished. An
Act to provide for the duties hereto
fore discharged by the Governors
which was passed by the extraor-
dinary session of the Legislature is
the one we have to deal with, and
L decline to accept the challenge
thrown out that the law is invalid /;
that remains for the Court to
decide.
MIR. Hatch objected to the law
being read from the newspapers: he
demanded the manuscript and also
the Kings veto message, as they
were necessary for conducting the
case.
The Attorney-General was willing
to bring the original manuscript of
the law.
The Court ruled that the publica-
tion of the law as prescribed by the
Government in the newspapers was
sufficient prima faca evidence of
the existence of the law. 1t was
not necessary that it sould be pub
lished in pamphlet form.
The Attorney-General then read
the law as officially published in the
'Gazette.'' He stated that the Act
lacks the Royal signature, but is
signed by the President of the
Legislature. The Act was returned
by the King to the Legislature with
out signature, but by resolution
of the Legislature. it was declared
that as this act of the King was mo-
countersigned by member of th'
Cabinet, it was invalid; he there
fore claimed preremptory writ o
mandamus to compel the delivery o
the papers in question. The At
torney-General referred to secs. 4|
and 7S of the Constitution.
Mr.. Hatch held that this Act hat
not become law as prescribed b,
the Constitution. The Constitution
states that when law is returne,
by the King the Legislature shall
proceed to reconsider it. This is
mandatory clause, and was not com
piled with. The King did every
thing he could under the Constitu
tion to absolutely veto this law, an
the bill having been returned it di
not become law. 1t is not neces
sary to 60 farther, unless there j
some other act in the Constitution
that annuls this.
1t is not necessary for a Ministe
to countersign an Act of this kind
Ministers functions are executive
There is no ambiguity in the Consti
tuition on this point, and all clause
are mandatory. Sections As and Il
do not refer in the remotest degre
to the enactment of laws.
The Constitution provides in sec
tion Al that the Legislature shal
consist of the King, the Represents
tives and Mobiles, sitting together; b.
Art. 81 the Executive power is vest
ed in the King and his Ministers
These two articles show that til,
King may act in two capacities: III
one is his legislative capacity, an,
buC OIuCl lilS CACCullNCs must SuD
nit that full effect and validity mus
be given to the Constitution. i ais
submit that this case Of my ellen
gives effect to Arts. 4S and rs @
the Constitution. Can it be SAT-
that the scope and design of thi
instrument was to abolish the vet
power of the King? If 50 sec. AZ 0
the Constitution could have bee
abolished altogether. This has al
ways been Constitutional mon
archy. With veto power, We hay
never heard that any veto power 0
partial veto power was ever place.
in the hands of a Minister. Th
power of veto in the cabinet is Ger
tainly a new departure, and cal
only he martial. The Cabinet can