The Hawaiian gazette., 1890-04-22
ne surr.me,Ceurt Opinion.


IShei last week. upon the question
q difference in the Cabinet, to
-ether with the statements in the
ADVERTISER and Mr.. Ashford ;
letter in the Bulletin, indicate a
serious crisis in our constitutional
questions. Many Of Us have been
striving for years TO secure real
constitutional government in Ha
van. Our model should be Eng
land. for We have hereditary
monarchy and the popular voice
cannot be expressed from time TO
-ime a. IN the United States in fire.
ouenr changes IN the head Of the
executive. The Cabinet ought 10
X responsible 10 the Legislature,
and should represent the majority.
This : the distinct intent Of the
Constitution. while there Is no pro
vision by law for premier, Vet
-he selection u Cabinet by
premier ! the logical sequence Of
Szch 5 constitution. The present
Cabinet was called for instance by
NJ. Green. and when he went out
Z has been pretty generally under
stood thar Mr.. ThurStOu filled his
place. Of course with such q sys-
Ten when one member Of the Cab
met cannot agree with ne premier
za6 majority upon questions Of
public policy De must withdraw.
This was the course pursued by
NJ. Brown. Minister OF Foreign
Azzirs in 1887, and IL Is well
5r5wn that Mr.. Ashford At that
-zme expressed himself very strong
II - holding the opinion that in
such cases the dissenting member
must withdraw. The difficulty in
-hs way Of reconeiling his views
-heu with his position now, Is
wholly dispelled by reading his
la-rer in the Bulletin. This dOeu-
usu- while rather spirited and
WHY. : wholly devoid of any at
-empt 70 Justify his change Of
views. I indeed he has done so. On
The contrary there Is no attempt 70
Justify Ms wholly unconstitutional
and Illegal course IN advising the
King 70 act contrary 10 the Opin-
-1-r 81 -ha COurr which was rend-
cred upon the request Of the Cab
Ene- nor Of one member thereof
upon ~ important point. The con
s-iturion provides that the opinion
q the Court shall be rendered 10
-hs King. Cabinet and Legislature
upon important matters. If request
4. and the intention Is that such
opinion shall be final and binding,
OF else seeking such opinion would
be mere f0OIishness. Mr.. Ashford,
bo-h IL his letter and in the Bulle-
N leader. seeks 10 blind the real
point IN Issue by sundry references
= me proposed treaty revision, 10
rs bro-L-r the Colonel. and 10
11eS1ons Of the independence of the
country. The only question raised
vyas regarding the appointment Of
Colonel and perhaps his suggestion
ths- there wa no need OF any cleo
non because his brothers time had
up- expired. Is fully answered by
The fSet. that although year only
hz5 elapsed since his commission
Was signed. yet II i two years since
h. apDoiuumeuL and be has drawn
h salary for the whole time This
= however. Of very small impOr
-auee when compared with the real
Question 81 issue. This L whether
-rs shall have constitutional gov
eruueur In this country. by the
Cabinet - decided by the Supreme
Court or that by illegal and uncon-
s-zru-i0nzI methods the government
shall be banked and defeated. The
OCCASION / serious and demands
careful and dispassiOnate consider
z1on Of ali points involved 1t Is
: great misfortune that the King
should Dc willing TO disregard the
ouinion OF the Court for IN most al
things We must lock 10 the Court
for 3 1inAl decision upon matters Of
constitutional Interpretation.
There can be No doubt that under
orr system Mr.. Ashford ought TO
resign. II looks As If he proposed
70 defy the law and public opinion,
and hold on TO the position which
he has forfeited Such beng the
Csc. The Government may have 70
submit 70 the disagreeable necessity
Of waiting for the meeting Of the
Legislature 70 let that body settle
rbe mstter. Mr.. AshfOrd's course
! 70 say the least, revolutionary.
snd f %. he should be impeaehed-
W R. CASTLE
ne Artorney-GenerzIs Defence.
II Er HAVING Pezn the