The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-05-19

VI tHc 00SiSldGuIo budIl, |
Turing the time for which he is |
be appointed TO ANY CIVIL
OFFICE under the Government. ex-
,ept that If member of the Cab
met"
Article "a reads I" No officer OF
this Government shall hold any
office or receive any salary from
any other Government or power
whatsoever"
According to these provisions,
there can be no doubt of an actual
or constructive violation of the or
ganic law of this kingdom, mas
much as Mr.. Muller has accepted
office from another government
while holding commission of Office
under this.
It is true that the extract from
article 20 applies to officers OF this
Government, but similar case to
that now under notice, never hav-
ing occurred here, or in any other
country, SO far as is known, the in
tent and spirit of the law must be
applied to this novel case, and
when this is honestly done, only
one conclusion can be reached
that the intent of the law has been
violated.
If, as we maintain, an uninten-
tional violation of the law has been
made, there are two ways in which
it may be corrected without dis.
credit to the gentleman concerned
First, by resignation of the office Of
noble, or, second, by resignation
of that of consul. The two Offices
cannot be legally held at the same
time by one person, so long as the
present law remains in force, and
one of them must be permanently
abandoned.
The Immediate resignation OF the
office of Noble would seem to be
the more proper course for Mr.
Muller to adopt. Under the CIR
cumstances, he can only retain hif
seat in the Legislature by render
ing himself exposed to be continu
ally addressed in the House and out
of it, as the Austrian Consul, ever
though he resigns the latter office
That of Consul being more per
manent and honorable office, woule
carr with it a lasting and honor
able title, while the former, being
temporary position, would cease (
be known, in his case, after thu
close of its term.
The second alternative will ne
cessitate an absolute and bonafid'
resignation of the consular Office
A temporary resignation, with tn
purpose of resuming it again at tn
close of the session, could only b
viewed as an evasion of the law
and by some might be stigmatize'
as more or less fraudulent, in it
intent, as the provision of the Law
applies to the whole biennial period
and not to a single session. Sucl
a course would, to say the least, b
dishonorable, and reflect unfavol
ably on the sovereign who appoint
ed him as his representative, and O
the constituency which elected hir
as their noble.
| The question of Mr.. Muller's be
ing disqualified to take his seat i
the Legislature, seems so clearl.
established, as not to require an,
judicial decision as to the intent &
the law. The purpose of the law
evident, that no member of the HIS
waiian Legislature can hold an
Office of any kind under this or an,
other government. If one consu
can, then why not other? If Consu
Muller can, why may not Mr.. Sey
erance. or Mr.. Schaefer, or Nj
Patty, by resigning the consula
Office temporarily take q seat {
elected) in the Legislature, resum
ing the consulate, when the sessio
| is ended? This, however, woul
never be tolerated.
Mr.. Muller is q gentleman of Gu
ture and refinement. who possesse
the esteem of all who know hin
and who has been honored by th
people here and by the Sovereig
and people of Austria. 1t will /
for him to choose between the tw
parties who have sought his servic
The temporary and equivocal ho1
ors offered to him by the peopl