The Hawaiian gazette., 1890-06-10

should take no action in any matter re-
curing by law the advice of the Cabinet,
unless he chose, unless he had the
advise of the whole Cabinet. AS this
raised vital principle, striking at the
very roots OF constitutional government.
it seemed proper to submit the matter to
the Supreme Court and we did so, after
| first submitting our statement of the
| case to the Acknowledgement which he
admitted contained correct statement
| of the facts. The Supreme Court gave
decision upholding the position of the
majority of the Cabinet, that the ma
| jority should govern, as the majority of
the Legislature and OF every other body
governs. On April 10th we met His
| for discussion, 1st, the appointment Of
| Colonel, and, I'd, the commissioning of
Mr.. Carter to negotiate the treaty. The
majority of the Cabinet advised His
Majesty to appoint Mr.. Hebbard and
presented him with the opinion of the
| Supreme Court, stating that it was his
| duty to follow the advise of the majority
of the Cabinet. The Attorney-General
then advised His Majesty as follows,
(the exact words were taken down at
the time): 1.-The opinion OF the Supreme
Court is not in the slightest degree bind
ing and is of no more effect than that OF
any other three men OF equal ability.
advise Your Majesty to decline to follow
the advice OF the majority of the Cabinet
| and that of the Supreme Court.
This brings US down to the time when
an armed force was being maintained at
the Station House.
Now, as to the special charge that the
guard was kept in such manner as to
excite disturbance The Attorney-Gene-
raj has in unmeasured terms denounced
it, here and elsewhere, and has declared
that it was in a high degree improper
and unwise and detrimental to the public
good for from five to eight men, citizens,
to guard the Police Station, arms being
in the station, available for volunteers
and regular forces if necessary. This at
time when r. w. Wilcox was at lib
erty, when, as he states in his reply,
street-rumors connected V. V. Ashford
with disturbance; when the town was so
disturbed that the heads OF business
houses were consulting as to what should
be done to protect life and property, and
this, although his words in August last
when the country was reused, when Will
cox and his confederates were in jail,
locked up in prison, were what l shall
now quote.
On the 18th of August, 1889, the At
torney-General wrote the following letter
to the Marshal:
DEPARTMENT OF ATToRNEY-GENERA
Honolulu, H. L., Aug. 2S, 1889.
j. H. SoPER, ESQ.,, Marshal.
SIR: In regard to the protection of the
arms and munitions of war now under
your charge at the Police Station in this
city, the subject has been discussed by
the Cabinet, whose ideas l here put upon
paper, in the form OF instructions to you,
in order that none Of the misapprehen-
sions to which verbal instructions are
liable, may in any way interfere with a
full mutual understanding OF the situa-
ton.
The Cabinet regard it as OF the highest
importance that those munitions shall
be vigilantly and effectively guarded, and
that all other matters in your depart
ment, existing, or reasonably to be APP
pretended, shall be made subordinate to
the due protection of the Police Station
Building, its inmates and contents.
understand you have now in opera
ton system OF guarding that building
with six foreign policemen (twofrom each
watch), in addition to those who are
necessarily or incidentally on the pre-
misses as officers OF the respective
watches, turkeys, etc. This, in addi
ton to D. H. Hitchcock, Jr, whom l
understand is still retained as special
night Waterman in your own Office, will
make special guard of seven foreigners,
which, il its members are intelligent and
vigilant, should be sufficient, supported,
as it ever is, by the prevailing facilities
for defense, land the opportunity to secure
prompt reinforcements by telephone.
But in order to its highest effective
ness, such guard should be under the
immediate charge and command of some
particular officer, and definite system
should be observed as to the place and
character of the vigils OF the different
members. In addition to this, there
should be adopted a definite rule as to
admissions to the building during the
night, and such rule should and must be
strictly enforced.
The necessity in this latter direction is
best illustrated by recital OF circum
present month, during the day, as well
as, at times, during the evening hours, l
having been the witness as to some OF
them myself Thus there are certain
foreigners in town whose fidelity to the
present conditions is at least question
able, and their sympathy with the late
instruction at least suspected. In addi-
ton to these are some native and half
white members OF the Bar, whose hos
tility upon this point is hardly matter
of doubt. And yet it is no uncommon
thing for the parties referred to, some
times several at once, to enter the Police
Building and walk unchallenged through |
any part of, at least, the ground floor
thereof. For instance, they have been |
seen to go, as matter of course, into the |
back recesses of your Office, whence the |
route to the armory is through door |
unsecured, as a general rule, by either |
lock or guard. The key to the armory,
moreover, has very recently been aces
sible to any one from that recess.
1 recite these facts, not in spirit OF |