The Hawaiian gazette., 1888-02-14
THE DECISION ON THE VETO.

AOt ny stiCQ AAtStNtN AtA1 AfNttt
are we'll reasoned documents, the
first, as appears to the writer, is
based more upon the letter than the
spirit. The latter influenced by the
knowledge of its writer, of the will
and wishes of the people, of what
they wanted, as expressed by
public meetings and otherwise, prior
TO the meeting of the Legislature,
and which was finally developed by
Il statement of principles as guide
to what was wanted, as well as by
the Constitution, which was only an
instrument to carry out the peoples
will. One unmistakeable part of
that will was the stoppage of all I'M
necessary expenses, and of all un-
necessary offices, and the dismissal
of all supernumeraries and placing
the King beyond the power of temp
tation, by taking away the power of
political abuse. These things were
most clearly and widely expressed,
and should have been so clearly ex-
pressed in the Constitution as not to
be misunderstood Had the words
/" unless otherwise ordered not
been introduced into Article rs,
then it would have been clear, with
out a question, that ereTy act of the
King appearing in every article OF
the Constitution carried with ii the
responsibility of the ministry; but
the mere introduction of the excep-
tional words quoted creates the pre-
sumption that they were to meet
some such case or even this very
one, and that this literal construct
ion of the Constitution should pre-
vail even though it might defeat the
will of the people, which it was the
chosen instrument to carry out. The
minority report holds that where the
Constitution is capable of two or
more constructions esthat must be
adhered to, which is in sympathy
with its spirit and purpose" The
two reports show that it is capable of
more than one construction, and the
discussion before the judges some
days since attended by some twenty
lawyers, report them as being about
equally divided, and the Legislature
consisting of 80 members attending,
lawyers and laymen, by a vote %
yeas to II nays declare their opinion
to be the same as that entertained by
the minority of the Supreme Court.
About ten of the lawyers above
named were also members of the
Legislature, and these ten were about
equally divided between the yeas
and the nays. From all that has
been said and done the opinion of
the minority of the Court seems
more in sympathy with the will and
wish of the people than the more
literal construction of the majority.
The people want the strictest
economy in the administration Of
the government, and to assist in the
attainment of this end, they wish to
abolish what they consider, the I'M
necessary office of Governor with its
salary, and the principle affirmed by
the Court defeats reform in this direc-
ton. This is one of the defects of the
Constitution upon which they had not
calculated. Like the defects in the
last Constitution, it lay dormant
until the exercise of the veto power
blocked the wheels of reform legisla-
ton. Had itremained unused, its ex-
istence might not have been noticed,
or even suspected. No doubt it has
other defects which may continue
to remain unknown and others still
which may be amended. When il WAS
first declared 1 thought the author had
failed to remember that as the Kings
term of reign was perpetual, so he
could perpetuate any undesirable law,
if he were in accord with any minori-
ty being one more than one-third of
the Legislature, and so the will OF ii
large majority be defeated by a mi
nority. This could net be so if the
King or President were elected for
a short term, or if in case of veto
and return OF a bill to the Legisla-
ture; majority of those present
being a quorum, should make it law
and not two thirds.
The proposition to have only ten
or twelve mobiles and as many repre-
sentatives, and pay them all alike
is well worth considering. Many of
the few who are qualified to serve,
are unable to do so for nothing, and
find themselves; and though the pay
may be small it may make all the
difference to the man needed be-
tween good service and no service
at all The work would be done
equally well, with greater dispatch,
and at less expense. The subject Of
supernumerary officers for the work
to be done has long since been spoken
of. not only Of fhe Governors ht,t