The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-04-12
SUPREME COURT OPINION
upon an Important Constitutional
Question.
The COURT DECIDES THAT THE
MAJORITY OF THE CABINET
SHALL CONTROL.
one Man Power Declared to Have M
Legal Footing in Hawaii.

Legal Footing in Hawaii.
"DEPARTMENT OF THE JUDICIARY,
HONOLULU, H. l., April 10, 1890.
10 His Excellency L. A. Thurston, Min
lister of Interior.
SIR: In replying to the question SUBJ
mitted by you on behalf of the Cabinet
to the Justices of the Supreme Court we
will first set forth at large your letter.
"The Cabinet respectfully request your
opinion upon the following question:
STATEMENT OF FACTS
elm accordance with Chapter 25 of the
Laws OF 1888, the commissioned officers
OF the Hawaiian Volunteers twice NOM
mated Mr.. V. V. Ashford for the office of
Colonel of the Hawaiian Volunteers.
"That such nominations were disap-
proved of by majority of the Cabinet.
Gin accordance with the powers con-
ferred upon the Cabinet by said Act, the
Cabinet on the 28th of March, 1890, pre-
sented to His Majesty for signature,
commission appointing Mr.. H. F. Heb
bard to the position of Colonel of the
Hawaiian Volunteers;
'"That thereupon three of the members
of the Cabinet advised His Majesty to
sign such commission;
THAT His Majesty thereupon replied
to the Cabinet that I have decided that
I cannot adopt any recommendation
made by My Ministers unless they are
unit in advising the same and
declined to sign such commission.
THAT one member of the Cabinet
claims that the position taken by His
Majesty is correct and lawful.
'That the other three members of the
Cabinet claim that the position taken by
His Majesty involves the assertion of
principle subversive of Responsible Con-
stitutional Government, as it would en-
able one member of the Cabinet to abso-
lutely control it's policy and action while
leaving the responsibility upon the entire
Cabinet.
"The majority of the Cabinet therefore
claim that, wherever by the Constitution
or Laws, the Cabinet is obliged to take
action, or the King is required to act
upon the advice of the Cabinet, the
meaning of such Constitution or Statute
requirement is, that the King shall act
upon the advice of a majority of the
Cabinet. or that majority of the Cab
met shall decide and govern the action
to be taken by the Cabinet.
"QUEsTIoN.
"Do the various Statutes and Consti-
tutional provisions, referring to action to
be taken by the Cabinet, and requiring
the King to act upon the advice of the
Cabinet, require that such action or such
advice should be by all the members of
the Cabinet, or is it sufficient that such
action be taken or advice given by a
majority of the Cabinet?"
The question in this letter involves an
| Interpretation OF clauses in Section Is of
| the Act OF 1888 "relating to the military
forces of the Kingdom" which provides
that "a majority of the Cabinet" having
disapproved of the nomination made for
| a Colonel of Volunteers, the Minister of
Foreign Affairs may with "the approval
of the Cabinet" present the name of an
other competent person to His Majesty.
What is required or intended by the
word "Cabinet?" Is it something diff
| ferent from majority of the Cabinet ~
| We find in some other statutes of the
session of 1888 examples of the use of
| these terms: thus in Section of Chap.
Is it is said "the Minister of the Interior
with the concurrence of a majority of the
Cabinet" hereafter designated the
| Government" is authorized to enter into
certain contracts respecting ramie. In
Section of Chapter 81 it is provided
that the location, etc. OF railroads "shall
be submitted to the Cabinet for their ap-
prevail, and such approval shall be certi-
fed by the signatures of majority Of
the members of the Cabinet" while in
Section l of this Act the Minister of the
Interior is authorized to do an act "by
and with the consent of the Cabinet. D
The same phrase is used in Chapter Is.
Chapter 60, Chapter 81 and in Chapter
II. In Chapter z it is with the approval
of the Cabinet" In one case only dc
we find it expressed that the action o.
the Cabinet must be unanimous, in
Chapter II, Section 1.-THE Minister Of
the Interior with the unanimous concur.
renee of the Cabinet is hereby author
ized' to contract for certain inter-islanG
cable telegraph.
The first two quotations may be con
sidered to be legislative definitions o.
what NAV be the "Cabinet" for the pur
pose of an act of the Cabinet, viz: thai
the majority is the Cabinet, and the las
quotation expresses the exception wher
it is intended that the four members Of
the Cabinet must concur: the sole ex
ception that we have found in these
statutes.
In the Constitution a Cabinet of foul
members is provided for by Article Al
In Articles 81, 81, AZ, 70 and 80 is pre-.
scribed what the "Cablnet' may o.
shall do. In Article 80 the phrase "Cab
met Council" is also twice employed
In only one article are the members o
the Cabinet treated Individually, in Arti
Gle Is, which prescribes that money shall
not be drawn from the Treasury withou
legislative appropriation except in thu
event of certain emergencies, and ther
! "not without the concurrence OF all tn
} Cabinet and of majority of the whole
Priyy Council"
{ Our view to be drawn from these cita
tions is that the action of the Cabinet i
; designed to be as body and not as indi
viduals. The individuality of the mem
bers is merged in the Cabinet or Cabine
Council.
The political theory of government
having a responsible Ministry is tina
the members composing the Ministr
entertain harmonious views RESPECTING
the general policy on which the Govern
ment shall be conducted and respectin
all important measures. We must loo
\ if we seek for precedents outside OF GU
own country, to Great Britain.
The written Constitution of the Unite
Y States does not provide for Cabinet IAN