The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-06-14


Minister Ashford rose to a point
/ OF order, which was that Article II
Of the Constitution provided the
only means whereby II Cabinet could
be dismissed
Rep. Brown raised the point that
The point raised was question OF
law, and not a point Of order under
the Rules of the House.
Minister Ashford said the Consu-
tuition was superior To the Rules OF
the House and all other laws. The
matter was not only settled by the
! Constitution but was crystailizad in
Il resolution Of this House. This
was on Dec. ~, 1887, when Godfrey
Brown resigned the Office Of Minis
ter Of Foreign Affairs. and the King
claimed that his resignation Involved
the resignation oi the entire Cabi-
net. The House on motion OF Noble
". Il. Castle resolved that the re-
signation of one Minister except for
reasons given in Article Al did not
''N'i'N wv VI tilt fulltt
I Cabinet. It had become chcsSnut
with his friends moving votes Of wan,
Of confidence in him. \ resolution
OF want Of confidence was brought
in the entire Cabinet because he had
paid Mr.. W. Il. Castle fec of $50
in the Supreme Court. Jus, fifteen
days later another resolution Of want
of confidence was introduced His
deputy vas sick and he was busy in
the Legislature and SO shor, handed.
Noble Hitchcock happened TO nc
going 10 Waimea and it WAS ar
ranged that he should take the case.
Rep. Kamauoha go, hold of the
facts, and brought in a resolution Of
want of confidence in the Attorney
General! No: in the entire Cabi-
net. He trusted the President would
rule on his point OF order without
further debate, and in case of an
appeal neither himself Eor any other
Minister could vote.
Rep. Brown considered tue me-
mory Of the Attorney. General was
very defective or else he was doing
some great stretching.
Minister Ashford called Rep.
Brown to order.
Rep. Brown-Weil, | like that.
Minister Thurston--A point Vt
order is debateab!e.
Minister Ashford quoted the rule
OF the House, that point of order
must be decided without debate, ex-
cept when an appeal is taken from
the ruling.
The Presdent--I have no hesita.
ton in ruling that the amendment
of Rep. Brown is cut of order.
Rep. Brown, in appealing from
the decision OF the Chair, said that
according to that ruling If one Min
lister committed felony all the
other Ministers would have TO be
condemned. The Appropriation
Bill! was then out Of order in voting
separate salaries 10 the Minister S,
they should be all Jumped together.
Did the President mean 10 rule that
this House had no control over Il
single Minister.
The Presidential have made no
such ruling. A Minister can be re-
moved by impeachment.
Rep. Brown continued, arguing
that the ruling would apply to i'm
parchment if sustained, and that il
was a serious deprivation of the pri.
vilegcs Of the Legislature to deprive
it OF the power to deal with wrong
doing on the part of an individual
Minister.
Minister Thurston was sorry 10
have TO differ from the Chair, but
he did so from motives in no way
personal. He reminded the OPP
position that they were making laws
not for to-day but for the future.
IL was a very serious matter for the
Legislature to abalc any of its pri-
vileges. Noble Widemann had some
times warned them against letting 90
their hold on the purse strings, and
he always seconded that warn
ing. There was nothing in that
Article Al which could be construed
into support of the ruling. There
was u weil-knOwn principle of legal
construction, that the greater in
cludes the less. That Article did
not exclude the Legislature from
dealing with less number Of Min
listers than the whole. Another
principle was that there was no re-
striction on less than the whole I'M
less it was specifically provided.
The resolution of 1857 had nothing
to do with the question before the
House. There was no member of
the House more earnest in contend
ing for unity in the Cabinet than
himself, and that was what they
had been struggling with Mr.. Ash
ford about for the past six months.
The Acknowledgement coutended ali
along for individual rights rs II
member of the Cabinet, hut now he
pleaded the baby act, which he said
the other day he didn't do, and
held that the Cabinet can only be
judged as Il whole. (Applanse.
While Cabinet unity was clearly re-
cognized both in England aud lIa-
| Waij il wns also clear that IL thu