The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-08-05

Ry Aftlolc a OF tbe Constitution,
1.-THE Government Of this kingdoya
Is that of Constitutional Mon
archy," and although the Constitu-
ton devolves upon the King as the
head of the Government certain
powers and directs that certain acts
shall be done by him, so far, GER
tainly, us these are executive powers
and acts, the exercise of them is
controlled by Article 7S of the Con-
stitution which reads that, "Wher-
ever by this Constitution any act is
to be done or performed by the
King or Sovereign, it shall, unless
otherwise expressed, mean that such
act shall be done and performed Ivy
and with the advice and consent of
the Cabinet"
Article 81 of the Constitution de-
clares that the Kings Sperson is
sacred and inviolable and that HIS
Ministers are responsible: and Arti-
Gle Al prescribes that "no act of the
King shall have any effect unless it
be countersigned by member of
the Cabinet who by that signature
makes himself responsible.
There can he no dual Govern
ment. There can be no authority
without responsibility. The King is
without responsibility. The Consti-
tuition confers the responsibility of
Government upon the Cabinet:
they therefore have the authority.
With this in view, we are unani-
mously of opinion that the princi-
piles formulated by you and present
ed to His Majesty above set forth
are in accordance with and in pursu-
ance of the Constitution.
We wish to say further that on
the occasion of His Majesty's con-
sidering the propriety of his APP
proval of an Act of the Legislature
of 1887 (Which is now Chap. 20 of
the Acts of 1880 the Justices of the
Supreme Court at his request sent
him an opinion upon the proposed
Act. Its title is San Act to provide
for and declare the construction
to be placed upon the words the
King or 'the Sovereign in certain
cases."
The opinion was rs follows:
"We see no conflict of this Act
with Article 16 or as of the Consti.
tuition. This Act is consistent with
Article 70 of the Constitution, the
principle of which is hereby applied
in terms to statutes also.
''And we understand that it has
always been the true intent of sta
tutes that the Acts of the King are
done upon the responsibility of His
Cabinet, unless it appears from eX-
press words or by the very nature
of the case that the act is of per-
sonal character.
We remain,
Yours respectfully,
(Sgd.) A. +. JUDI,
(Sgd.) LAWRENCE MCCULLY,
(Sgd.) EDWARD PRESTON,
(Sgd.) RICHD. F. BICKERToN
(Sgd.) SANFORD B. Dole.
, At II O'Clock to-day the Cabinet
' met His Majesty at the Palace and
submitted to him the opinion of the
Supreme Court, and again request
ed his assent to the principle involv
8 ed. His Majesty replied that III
n accepted the decision of the Court
+ and assented to the proposition sub
mitted by the Cabinet, and request
q ed that his assent be entered on thu
+ minutes of the Council.
4 Upon presentation of the commits
9 sion of Col. Ashford for signature
: His Majesty stated that since las
Saturday he had re-read the mill
tary law and was convinced that TIN
2 position taken by him was incorrect
!. He thereupon signed the commits
sion.
v In pursuance with the power give
g TO the Minister of Foreign Affair
>. he has, with the consent of th
# Cabinet, removed Captain Kahale
wal, commander of the King
Guards for completely in the late in
r. surrection, the command thereb
devolving upon Lieutenant Rober
Parker.
Orders have also been issued fo
q, the immediate transfer of all arms
ammunition and munitions of wa
|. except those individually in use b
the Kings Guards, from the Palac
and Barracks to the Station House
The Marshal is proceeding to carr
out this order this afternoon wit
the police and special officers.