The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1888-07-03
TUESDAY,
JULY 8, 1888.

ONE of the most important questions
of the session is that OF the pay of repre-
sentatives. 1t is important, not for the
amount involved which is only $1,000,
but because every one feels the uncer-
tainty connected with it and the danger
of decision based only on self interest.
The estimates of the Minister OF Finance
for the extraordinary session Of 1887, as
well as those for the present, regular
session, both included $4,000 for pay OF
representatives at each session. The
Constitution provides in article 80 that
the pay of representatives shall be
fixed by law, but that it shall in no case
exceed $3.50 for each biennial term. In
accordance with this, chapter 19 of the
laws of 1887 was enacted which provides
that "the compensation Of the represen-
tatives of the people is hereby estab-
lished at two hundred anu fifty dollars
each, for each biennial term" The
biennial fiscal period begins with the 1st
of April every other year; the biennial
term of a representative begins with the
election the first Wednesday of February
and ends with the next regular election
two years later. This is the law Of 1874
and it not only is not rescinded by the
Constitution, but the Constitution in
terms says that the general election shall
take place in February. Provision is
also made for the term of service of the
Legislature elected within ninety days
of the PRONUNCIATION of the Constitution.
1t constitutes a special term, and it
might as we'll be argued that no pay can
be had at all for that special term, as to
argue that members cannot be paid for
the present session, which is clearly
within a biennial term, because they
were paid for the special and extra
ordinary session, which clearly was not
in this term. The Constitution makes
no provision for pay for the whole or any
part of this special term. 1t will hardly
be argued therefore that the members
ought not to receive pay for any portion
of the term. 1t cannot be said that the
Constitution or laws of the land intend
IIlStl puUIlC MOIh 10 W NC OOIlo NlCIiOuC
pay, except in case of the mobiles where
that express provision is made, which
makes it all the more clear that work is
to be paid for where there is no prohibit
ton. Ordinarily there is but one session
in biennial term, but an extraordin-
airy session is liable to be called at any
time. Such sessions were held in 1867
and in 1887, besides the sessions called |
in 1874 when the present King was
elected, and that of 1873 when Lunalilo !
was made King. None of these sessions |
were of any duration except that of 1887. |
No doubt ordinarily, ii a member has
drawn his full pay at a regular session |
he can get no more for an extra session |
during his term. But this does not APP |
special term, and no amount of reason
ing can induce any one to believe that |
the session of 1887 came within a bien-
NAL term beginning in February, 1888. |
Upon the whole case it appears that this
is special term; that there is no con-
stitutional provision for pay; that unless |
prohibited the Constitution does intend |
that public work shall be paid for; that |
it is only just and proper that represen-
tatives should to be paid for their work,
and that the law of 1887 furnishes a |
very Safe and proper guide as to the
amount to be paid.