The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-02-26

shall be subject to impeachment.
AS to the effect of the death of
Sovereign upon the status of the
Cabinet, this Article is silent, and
we find nothing in the rest of the
Constitution bearing on this ques-
ton except in the case of the death
OF the Sovereign leaving no neir to
the Throne (Art. 22), or leaving a
minor heir without having provided
for regency by will CART. 33). In
the first of these contingencies, the
Cabinet are continued in Office for
the sole purpose of administering
the government during the inter
regnum and of calling the Legisla-
ture together to elect a successor
to the Throne, if we may judge
from the practice under the similar
provision of the constitution of
1864. In the second contingency
the Cabinet are created provi-
sional council of regency to con-
duct the government until a regu-
lar regent or council of regency
shall be elected by the Legislature
called together for that purpose.
This corresponds exactly with the
requirements of Article 80 of the
constitution of 1864.
If these two provisions, in case Of
the contingencies named, have any
bearing upon the question before
us, they rather initiate against
than favor the proposition that un-
der all circumstances the status Of
the Cabinet is unaffected by the
death of the Sovereign, especially
if we consider the practice under
the first, and the necessary inter-
probation of the second, during the
period of the last constitution.
The words referred in Article Al
are as follows: "They (the Cabinet),
shall be appointed and commissioned
by the King and shall be removed
by Him, only upon vote of want OF
confidence passed by a majority OF
all the elective members OF the
Legislature, or upon conviction of
felony, and shall be subject to i'm
parchment" Apparently the sole
objects of these words, were to de-
prive the Sovereign of his former
power of dismissing his Ministers
at will and to define the conditions
under which the Ministers shall be
dismissed for cause. How then
shall we extract from them the
further meaning that they state
the tenure of office of the Min
listers, excluding the emergency Of
the death of Sovereign, which, as
was we'll known under the previ
GUS constitution, vacated their com
missions except as they held over
Professionally until the appointment
of their successors?
1t may be argued that the Con
stitution is great advance upor
the former system of governmen
and when examined as whole
shows such consistent intent tt
establish government by Cabine
responsible solely to the Legisla
{ ture, that the repeal of the old rul'
as to the effect of the death of thu
Sovereign may be taken for grant
! ed. But how shall those who's
duty it is to interpret the Constitu
ton be advised of the extent Of thu
intended reform If there are NJ
, words to guide them? So far as tn
language goes, it may have beel
, the intent of the trainers to leav
, the old rule in force in correspon
! dence with the practice in Eng
e land, or amid the pressure of othe
and perhaps more important ques
tons, this point may have bee
| overlooked altogether. What ma.
q have been the intent upon this sub
iect, or whether it was thought G
cannot be gathered from the Ian
Y guage used. and we may not arriv
: at an opinion by guesswork.
AS we do not find that the oil
rule has been changed or repeale
q by the Constitution, or that til
q Sovereign has been by it deprive
b Of the right of selecting Cablne
q at his accession, we are of tn
! opinion that the death of His lat
Majesty obliges you to tender you
= designations to Her Majesty th
Y Queen.
: One of the Justices dissents froI
v the foregoing opinion.
l have the honor to be, in beha
!. of the Court,
4 Your obedient servant,
# (Signed, A. F. JUDD,