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

lDlbgs, Marques. Luc9s, IL. W. VIII
cox, Bush, Nawahi, baker, kah0o-
lano, White, KaneaIii, Kalue, and
Kamai. 10.
Noes--Nobles Mccarthy, Kau-
hane j M. Homer, lIird, Burchardt,
Parker, Marsden, Baldwin, W. \.
llorncr, Cornweli, Wuibridgc, An
dcrson,von Tempsky, Wilcox, Kanoa,
and Isenberg; Reps. Brown, Rosa,
Homer, Richard, WaipuIlaOi, Apiki,
Pachaoie, llaIstead, Knudsen, Rice
and a. ). Wilcox. -27.
Noble Mccarthy, while the vote
was being taken, said be was OPP
posed TO the motion against the At
torncy-Gcneral, but thought the
amendment was YET in order.
Rep. kapschaolc said lie was not
in favor OF the amendment. bat con-
sidored the ruling deprived the
House of one OF It's privileges.
Rep. A, Kaubi, voting doubtful.
was asked ut the end bow he voted.
and he replied that. as bis vote
would make no difference in the re.
salt, be wished to be excused.
Rep. Nawahi moved that the re-
solution be adopted without the
amendment.
Rep. Brown raised The point that
the amendment must be pu; first,
Which was sustained BY the Chair.
Rep. X. w. Wilcox moved the
amendment he indefinitely post
poned.
Rep. Brown raised the point tina,
the indefinite postponenrnt of the
amendment would carry the main
resolution with it.
Noble Widemann argued tina; nc
c0rding to the sage" then, il the
amendment carried, it would carry
the resolution with it.
Rep. Brown said ii was simply
out of order. The amendment must
be put.
Minister Ashford, on call for
the ayes and nays, said he had
something to say on that amend
ment. He was the subject of male
VIOLENT antipathy from u certain
clique in this country. II the
House did vote censurc on him, it
was only what ADLER men in larger
countries had sustained. Except
ing censure for peculation or other
crime il was no disgrace for 4 Min
lister TO suffer loss of confidence
from Parliament. The Government
As representing the country is above
the Constitution. However. he con.
sidered he had not controverted the
Constitution in the advice he had
given to His Majesty. There was
nothing in the Constitution Or the
laws which made the opinion Of the
Sapreme Court binding Gu the King
or the Ministry. The Supreme
Court had decided so itself, that its
OK parte opinions were not to be
regarded as laws. The statute pro-
wiling for the Office of Attorney
Genera! prescribed that be was the
law adviser to all the officers of
Government. He had advised the
Minister OF Finance that it would
be improper to appoint G. l.. Carter
as chairman OF the tax appeal board
of Hawaii, as u great many of his
relatives were interested parties.
Yet when the Minister Of Finance
appointed that gentleman in spite Of
his advice, he (Mr. Ashford) did
not go round talking of im-
peaching him. Had he done
so his defense would probably he
that the Attorney. Generals opinion
was not mandatory but advisory.
When the Supreme Court shut
themselves up in a closet upstairs
and prepared an opinion on a sub
ject without argument, and it came
to him rs law he would repudate
it. There had been complaint in
this country that Judges intcrfered
too much with politics. The Com
stitution provided that the three
branches Of government xecu-
tive, Legislature, and Judicial -
must be kept distinct, aud that was
the principle for which he had con-
tended ever since coming into this
Cabinet. 1t was suggested that his
action was revolutionary, but, If it
was once admitted that the Judges
Of the Supreme Court could dictate
to Ministers what advice to give
His Majesty, they gave up constilu-
tional government and adopted a
despotism, that Of the Supreme
Court Judges. He admitted that
lie opposed the advice of the other
Ministers in advising the King not
to sign the treaty documents, and
us long as he was in the Cabinet ne
would not allow the Supreme Court
to put gag in his mouth. When
the Ministers said that they intended
to submit the treaty to the Legisla.
turc, they resorted to miserable
subterfugc. Abraham Lincoln said
the Constitution was made for the
country and the people and not
they for the Constitution. So said
he now, that when it was necessary
the Constitution could be departed
from to save the country. He
made two points, lSt, that he had
not violated the Constitution, and