The Hawaiian gazette., 1890-06-17

Rep. Brown-Mr. President
Minister Ashford-I am reluctant to
call the gentleman to order but he is out
of order.
Rep. Brown-Well l like that. Does
| the honorable member contend that a
| point of order is net debatable?
Minister Ashford reads rule 73 declar-
| ing to that effect.
The President states he is quite GER
| tain that amendment of Rep. Brown is
out Of order.
Rep. Brown = Article Al says there
shall be Minister of Foreign Affairs, a
| Minister of Finance, Minister OF the
| Interior and an Attorney-Ge General. After
wards it says that they shall be remov-
able on conviction of felony, etc. Does
the Attorney General contend that they
must all go because one has been con-
victed of felony? The argument is as
good one way as another. II the Minister
OF the Interior commits murder is that a
reason under the Constitution that the
other Ministers should be put out? / say
no. II this amendment is out of order
then the Appropriation Bill is out of
order when it makes separate appropria-
tions for each Minister. Mr. President,
you mean to rule that this House has no
power to remove an obnoxious minister
without removing all? That is the effect
of your ruling.
The President have not made any
such ruling.
| Rep. Brown-What is the ruling then
The President-That your amendment
is out of order. There are other ways of
| disposing of Minister. He can be inn
| peached.
Rep Brown Thus, on your ruling,
you can't impeach one without impeach-
ing the whole of them Mr.. President,
suppose a Minister should be bribed,
could not the House dispose of that Min
lister without moving vote of want Of
confidence in the rest? | say yes. The
| Attorney General has quoted a resolu-
ton from the Legislature of '87, moved
by myself | asked the question with
regard to Noble Hitchcock. Don't re-
member anything about Noble Castle.
At that time l would have been glad to
have the whole Cabinet voted out of
office. Don't remember any vote of want
of confidence being attempted. (Attor-
ney-General: 1t was a vote of censure
merely.) | think, Mr.. President, that
the Chair has made mistake. 1t can
not be your ruling that the House can
not express its want of confidence in any
single member except by impeaching
him. hate to differ from the Chair in
its ruling, but in matter of this kind a
ruling disposing of the power of this
House to deal with one member of His
Majesty's Cabinet, it is necessary.
Minister Thurston-I support the ap-
peal not from personal feeling, but be-
cause the ruling strikes at the power and
prerogatives of this House. They have
the right to act absolutely unless some
law denies it. say to you, gentlemen
OF the Opposition, you may think you
may get partizan advantage to-day, but
| beware, you are making laws for the
country, you are sworn to do your duty
regardless of party advantage for the
| time being. Now, what does the ruling
propose to take out of the hands of the
House, the power to do that which it
may think OF use to the country. 1t is
| the power to inquire into the acts OF in
| dlvidual ministers, as well as the general
policy of the Government. This power
you propose, Mr. President, to take away
from this House, and you can't find any
billIS III laWO vi OiiC W
support your ruling. 1t has been fav-
orite subject of quotation of Noble Wide
mann to take care of the purse. Stand
ing above that is the power OF the Legs
lature to do anything and everything
which it thinks for the good of the coun-
try, not merely to guard the purse, but
everything which concerns the fortunes
and liberty of this country Now gentle
men, without regard to party, l warn you
to guard the rights of this House Not
for to-day nor to- morrow but for the
future. You don't know where nor
when danger may strike. The Attor-
ney-General has stated that Article Al
takes away from this House the power
to inquire into the conduct of individual
Ministers. How can you torture the
article into any such meaning? Now Mr..
President, it is an elementary rule of
construction that the greater includes
the less. Ii it had been limited to one,
or had been excluded from one all right,
but it does not say sc, land the greater in
cludes the less. Another rule is that
where clause is held to restrict powers
it must be specific. Legislation has all
the rights which are not specifically
taken away from it by the constitution
and it certainly is not by the language of
this article. The Attorney General cites
a resolution as he claims confirming his
view. Now | say that the resolution has
nothing to do with the matter He is
right in supposing that the action of the
Attorney General in the other resolution
to which he has referred to, was proper
occasion to condemn the entire Cabinet
and | will show you why. Nobody here
wants to establish the theory of the
unity of the Cabinet more than l. For
four months we have struggle with the
Attorney-General to establish the prin-
ciple of unity OF the Cabinet He would
not hear of it Now he wants to estab-
fish that principle. He is afraid to face
the consequences of his conduct, is play
ing the baby act, and wants to drag the
whole Cabinet down as consequence of
his own illegal and revolutionary acts.
Now Mr.. President and gentlemen while
unity of Cabinet action is established
here and in England the other principle
is equally clear. Ii one officer does an
act and the others support him, they are
responsible. IF the Attorney General
paid the money to Hitchcock and Castle
ooI tho W bipat b,,, 49,, A..