The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-02-14
SUPREME COURT--SPEclAL TERM


20 the attention OF the court by TINS
case. arises partly from the support
given By Articles 81 and II of the
Constitution, above quoted, in favor
Of the theory that the Ministers are
the advisers OF the King only % in
the executive affairs Of the King
DOM and therefore that they are
are not his advisers in legislative
matters; and il Is argued by the
defendant that when veto
message / sent 10 the legislature, it
being 4 legislative act, ii Is not COW
cred by the provision of Article Il,
thar q. No act of the King shall have
any effect unless il be cOuntersigned
by "a member Of the Cabinet who by
thar signature makes himself re-
>I-n-itie." THERE'S nothing in the
context which tends directly 10 show
that this provision Is limited to eX-
eeutive acts and this conclusionm must
Re arrived at if received at all.
through the mental process Of argu-
ment II II Is necessary to consider
IL ia the lightof the whole Of Article
and Of Article 81, it is equally
necessary 70 consider ii in the light
az Article IS. which comes after the
other, and thereby has the greater
o q, which i sweeping in its terms,
and which admits of no exception
q its application unless such eXcep-
ti0n j. expressed IN the statement of
the act 10 be performed by the King.
Chief Justice Story, III the 1870
section Of his Commentaries on the
Constitution of The United States,
saw sea constitution of Government
founded hy the people for themselves
and their p0sterity, and for objects Of
the most moment0uS nature, for per-
petual union, for the establishment
Of Justice. for the general welfare, and
for a pe1,etuatiOn OF the blessings
~ liberty. necessarily requires that
every Interpretation of its powers
should have a constant reference to
these objects. No Interpretation of
the words i'm which those powers
are granted, can be a sound one
which narrows down their ordinary
import - a. TO defeat those objects.
That Would be 10 destroy the spirit
and cramp the letter" This state
ment Of one Of the principles upon
which the Constitution Of the
United States should be interpreted,
i As applicable 10 our Constitution,
which. we learn from its preamble,
was founded by the people of the
Hawaiian Islands aud proclaimed
by the King a. their representative,
for the securing Of civil rights and
|. lli-ateaed constitutional govern
mehi. ana for the restoration Of
order, tranquility and necessary
public confidence. The Constitution
signifies new departure it abro-
gates the old constitution, which it
declares su5versive of civil rights
and incompatible with enlightened
constitutional government. Our
Constitution, then, must be in
terpreted with a constant reference
TO civil rights and enlightened
constitutional government. Read
ing il carefully through and consid-
ering it - a whole, we find that it
exhibits a definite and consistent
purpose TO attach responsibility to
power in every case. l understand
hy the Constitution that all powers
not expressly given are reserved by
the people, the source now of all
political power, and that they in
tended that government should be
solely for the benefit of
the people and not for the benefit of
rulers. We find, upon an examina-
S9a Of its provisions, that the King
may appoint an heir with the con-
sent OF the Mobiles, that he may pro-
claim war bN consent Of the Legisla-
ture, that he may with the advice
OF the Privy Council convene the 4
Legislature TO extraordinary ses-
siOns. that he may make treaties /
affecting the tariff with the approval .
Of the Legislature, that he may coin .
money ana regulate the currency by .
law, that i, through a legislative
that he may remove
Of the Cabinet upon a vote
- amt OF confidence by the Legis-
a1rs or upon their conviction of
felony. In all these cases he acts
without prerogative, and by virtue
q the advice, consent or conclu-
sion> Of responsible officers or
Of government. Then
n regard 10 the rest Of the constitu-
ionai acts of the sovereign, some
ifeen IN number, we have the
sweeping provisions Of Article IS,
which. il seems to me may be rea-
.0nably said 10 apply 10 all constitu-
fonal acts Of the sovereign whether
executive or legislative, unless an
exception Is made in the definition