The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-01-24

product until they are satisfied that it is
TO be effective. On the other hand, Ii
the law is repealed or declared uncon-
stitutional, il is possible some part OF
the duty will be restored.
Secondly, the so-called reciprocity
but more appropriately called ''retalla-
tory" clause. This empowers the Presi-
dent TO suspend the free list clause ''for
such time as lie shall deem just when
ever and SO often as-he shall be salts
fed that the government of any country
producing and exporting sugars-im-
poses duties-upon the products OF the
United States which in view of the" free
list clause she may deem TO be recipro-
cally unequal and unreasonable. 1t Is
to take effect on the first of next Janu-
airy, and, in case the free list clause shall
be suspended, the duties are to be one
hall present duties on sugar not above
No. 16, Dutch standard, and slightly
more than one-half present duties on
sugars of higher grades. The clause
seems TO have been inserted In terro-
rem of other nations, particularly Spain,
but appears not to have produced the
desired effect, as the Spanish Premier
has already taken steps to increase the
duties on American -four and petroleum
imported into the West Indies. The
President will undoubtedly have ample
occasion to exercise the power conferred
by this clause, but it is doubtful If he
will care to do so. Ii is true, the clause
was inserted at the instance of his own
Secretary of State, but this may have
been as above minated, only in terro-
rem of other governments. An exercise
| of the power would at best unneces-
sarily increase the already too large rev.
enues of the government and stir up hot
water both at home and abroad, and an
| attempt to exercise the power would
probably prove futile. For. this clause
| also is probably unconstitutional, and
| there would be no difficulty in testing its
constitutionality, should an attempt be
made to exercise the power. 1t is a well
settled maxim of constitutional law that
legislative powers cannot be delegated
and though there are few real and
apparent exceptions to this rule, the
case under consideration is not one of
them. The legislators themselves must
be the sole judges of the expediency of
the law. For them I" to say that they
deem law to be expedient, provided
the people shall deem it expedient,
amounts to an abandonment OF the legis-
lative functions" Decisions to this
effect have been numerous in the State
Courts. Thus, a law was held unconsti-
tutional( Elk parte 4S Wall ,Cal.279) which
provided that it should be unlawful to
grant liquor licenses in any township, il
majority of the inhabitants thereof
should vote against it. So law (Barto
vs.. Himrod, n. Y. 4S3) which pro-
vided that there should be free public
schools if majority OF the people OF the
State should SO vote. Ii then legisla-
tive body cannot delegate its power back
to all the people whence 1t came, how car
it delegate it to a single man, whether
the President or boot-black? The gov
eminent of the United States is still re
publican the people have not yet calico
for the tyranny either OF pure demo
cracy or of a despot. The Supreme
Court of the United States has not, Sc
far as I am aware, been called upon fol
decision in a case OF this kind, bu
would very likely decide in accordance
with the numerous State decisions, if al
opportunity were offered. We shout,
not be hasty, therefore, Clearing il
mind, however, that there is some differ
ence of opinion as to the constitution
atty OF these clauses) either in beinl
alarmed at the bounty clause or in build
ing hopes upon the retaliatory clause.
Thirdly the duty 81 ause. This place
, upon sugars above No. Is, Dutch stan
dard, duty of five-tenths OF cent ;
pound with an additional one cent
pound upon such sugars coming from
, countries which pay greater expoi
bounty thereon than OH sugars OF lowe
, grades 1t was inserted for the benef
r of refiners, and is to rs the least iinpo'
: tant OF the law. La view of it. however
, Hawaiian planters may well conside
, whether they cannot proiitab!y steam
o wash part of their sugars, and brin
e them above this standard. They did S
until 1887, and in 1877 their exports {
such sugars to the United State
{ amounted to 1900 tons or nearly IL pc
n cent of the entire amount exported
o Moreover, there is little or no danger {
{ competition from unrehned beet sugar
+ OF these grades on account OF their fiave
o and OdOr.
!. Lastly, the free list clause. This ri
moves duties from all sugars not aboy
n No. Is Dutch standard, and is to take e
O feet the first of next April, but such sugar
Q NAV be refined in bond after the first
- next March This is evidently the claus
Will WHICH, lldN diidl ploutOic arc llO
. concerned, as it removes duties from q
# sugars of the grades now exported b
q them, and places them on the same foo
s ing with planters in other foreign coul
n tries.
d Under the treaty. Hawaiian planters
e present receive about SAP ton, or a
e aggregate oil over s., 900, 900 year MOI
o for their sugars than they could obtai
IS without the treaty. even supEosin~.,Ss
!, same san s@.ss. Z suga. would be pr
~ s.veu. 1t has been hastily inferred
IS some that this present gain under Il
If treaty is the measure OF the future 10
e under the new law, or that the effect
q the new law will be the same as that
: an abrogation of the treaty. But, obN
|. ouslv, a removal of duties from other
l. sugars would not have the same effect
" an imposition OF duties upon our own.
st is true that in either case Hawaii:
e. planters would be placed on the san
he footing with other foreign planters, b
m it Is equally true that all would be wor
n. off paving duties than not paying dutie
ct For the duties are borne in part at les
he by the producers. Moreover, since Ii
n waiian sugars constitute only about sew
De per cent of the total amount consum
r. in the United States, and since thu
" price is already as high as the price
Id duty paid sugars, an imposition OF duti
in upon them would scarcely affect t
or price OF sugar in tie United States,
of would merely reduce the price now !
Id ceived by Hawaiian planters to that
ry ceived by other foreign planters, tral
~ ferring the balance into the United Sta
lie treasury; but removal OF duties fro