The Hawaiian gazette., 1888-02-14

as fOllOWS:
l hereby certify that the foregoing
Act, having passed its third reading
in the Legislature of the Hawaiian
Kingdom, on the second day of De
cember, 1887, was presented to His
Majesty the King, through the Cab
met, on the fifth day of December,
1857. That on the ninth day of De
cember. 1887, it was returned to the
Legislature by His Majesty the King,
unsigned, together with a message
setting forth certain reasons why he
refused to sign the same; that it APP
peared that such message was not
countersigned by Minister, and that
His Majesty's act In so returning the
same was done without the advice
and consent Of the Cabinet; that
thereafter the Legislature adopted
resolution that said act of the King,
not being countersigned by a Minis
ter, and having been done without
the advice and consent Of the Cab
met. could not be considered a refusal
to approve the Act within the mean
ing Of Article As of the Constitution.
which action OF the Legislature was
duly communicated to the King; and
l do hereby further certify that more
than ten days Sundays excepted)
have elapsed since said Act was pre-
sented to the King, and that Except
as aforesaid) the same has not been
returned to the Legislature, and that
the Legislature had not adjourned
prior to said period of ten days.
Dated: Honolulu, Dec 2S, 1887.
The following Articles of the Con
stitution are involved in this dis
cussion
Article IS. Every bill which shall
have passed the Legislature shall.
before it becomes law, be presented
to the King If he approve he shall
sign it, and it shall thereby become a
law, but, if not, he shall return it,
with his objections, to the Legisla-
tre, which shall enter the objections
at large on their journal and proceed
to reconsider it. If after such re-
consideration it shall be approved by
a two-thirds vote of all the elective
members of the Legislature, it shall
become a law In all such cases the
votes shall be determined by yeas
and nays, and the names of the per
sons voting for and against the bill
shall be entered on the journal of the
Legislature. If any bill shall not be
returned by the King within ten days
Sundays excepted) after it shall
have been presented to him, the same
shall be law in like manner as if he
had signed it, unless the Legislature
by their adjournment prevent its re-
turn, in which case it Shall not be
law.
Article rs. Wherever by this Con
stitution any act is to be done or per
formed by the King or the sovereign,
it shall, unless otherwise expressed,
mean that such act shall be done and
performed by the sovereign by and
with the advice and consent of the
Cabinet.
Article 81. The person of the King
is inviolable and sacred. His Minis
tiers are responsible. To the King
and the Cabinet belongs the execu
tive power. All laws that have passed
the Legislature shall require His
signature in order to their
validity, except as provided in Article
IS.
Article Il. The Cabinet shall con
sist of the Minister of Foreign Af-
fairs, the Minister of the Interior. the
Minister Of Finance. and the Attor-
General. and they shall be His
Majesty's special advisers in the ex-
ecutive affairs of the Kingdom, and
they shall be er cfieio members of His
AIajesty's Privy Council of State.
They shall be appointed and commits |
stoned by the King. and shall be re-
moved by him only upon vote of !
want of confidence passed by ma
jority of all the elective members of |
the Legislature, OF upen conviction
of felony, and shall be subject to i'm
peachment. No act of the King shall |
have any effect unless it be counter
signed by member of the Cabinet.
nhO Ug lAuO olS SudtOuS uuhSS HlulSell I
BY THE COURT.
The certificate attached to the Act |
under consideration makes it known
that the Act was returned by the
King unsigned, with a message set
ting forth certain reasons why he re- !
fused to sign the same, and that such
message was not countersigned oy a
Minister. and that His Maiesty's act I.
in so returning the same was done
the advice and consent of |
the Cabinet, and that the Legislature
considered that this was not a refu-
sal, or veto, as popularly styled, with
in the meaning of Article IS of the |
Constitution.
If there had been a constitutional
veto of the Act or bill it is clear that
by the provisions of Article 4S it was
left for the Legislature to reconsider
and make the bill a law by a two