The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-02-19

reuter- Oh the law, personal prerOgatlVe
Of the Sovereign.
But in a theory the Ministers held |
office while able to control the Legisla- |
ture. The late King cast theory to the |
winds and claimed and exercised the |
full powers accorded him by the letter
OF the Constitution, regardless of the
approval or disapproval OF the Legisla-
ture.
He also claimed and exercised the
right not only to dictate the Policy OF the
Government but to direct the pettiest
details of executive duty.
THESE CLAIMS ON THE PART OF THE
KING HAVE BEEN COMPLETELY NET, AND
EXPLICITLY WIPED OUT BY THE CONSTR
TUITION, BY THE LEGISLATURE AND BY
THE SUPREME COURT.
The demonstration of this requires
brief reference to recent Hawaiian his
tory.
a. The Constitution expressly takes
away from the Sovereign the personal
right to remove the Cabinet, by adding
to Article Al these words, referring to
the Ministers,
''They shall be removed by him
ONLY UPON VOTE OF WANT OF
CONFIDENCE passed by majority of all
ture," or when convicted of felony.
(2.) The Constitution expressly pro-
vides that the King shall not control the
Government and shall not direct its
policy, by the further provision in Arti-
Gle Al that
"No ACT OF THE KING SHALL
HAVE ANY EFFECT UNLESS IT BE CoUN-
TERsIGNED BY MEMBER OF THE CAB
met, who by that signature makes him
self responsible"
And by Article 70 which provides that
"Whenever by this Constitution any act
is to be done or performed by the
Sovereign, it shall, unless otherwise ex-
pressed, mean that such act shall be
done and performed by the Sovereign by
and with the advice and consent OF the
Cabinet"
These constitutional provisions abso-
lutely transferred the power, authority
and responsibility of Government from
| the Sovereign to the Cabinet, and made
| them solely responsible to the Legisla-
| ture.
80 The Legislature by Chapter XIV.
| of the Laws of 1887 passed law provid-
ing that
"Whenever by virtue OF any statute now
in force in this Kingdom, or which shall
hereafter be in force therein, any Act OF
| thing is commanded or permitted to be
done or performed by the Sovereign, il
shall, unless otherwise expressed, mean
that such act or thing shall be done and
performed by the Sovereign by and with
the advice and consent Of the Cabinet
This was signed by the King Deem
Der 8, 1897
a. Before signing the last above act
the King requested the opinion of the
Supreme Court upon it's Constitution
atty. The Supreme Court replied,
eve see no conflict of this act will
, Article Is or 4S of the Constitution.
"This Act is consistent with Article
IS of the Constitution the principle o
which is hereby applied in terms to sta
tutes Also"
7 Haw'n Reports, page 7S4.
(5) In August, 1889, the King hav
ing refused to act upon the advice of tn
Cabinet, they submitted the following
statement of principles to him, and re
quested his assent thereto, viz. =
Z" The Government in all its depart
ments must be conducted by the Cab
net, who will be solely and absolutel
, responsible for such conduct.
Your Majesty shall in future sign a.
documents and do all acts which unde
the laws or the Constitution require tn
signature or act of the Sovereign, whe
advised SO to do by the Cabinet. th
Cabinet being solely and absolutely r,
sponsible for the signature of any docl
., ment or act so done or performed b
= their advice"
The King refused to assent theret'
and the Cabinet asked the opinion
the Court as to the correctness of the
claim.
e The Supreme Court said in its reply :
0 There can be no dual Government
d There can be no authority without r
e sponsbility. The CONSTITUTION CoNFEI
}. THE RESPONSIBILITY OF GovERNMEr
n UPON THE CABINET; THEY THEREOF
y HAVE THE AUTHORITY. With this end
n view, we are unanimously of opiniC
e that THE PRINCIPLES FORMULATED I
= YOU AND PRESENTED TO HIS MAJEsT
ABOVE SET FORTH, ARE IN ACCORDING
1t WITH AND IN PURSUANCE OF THE Co
n sTITUTIoN ."
e Haw'n Reports, p. 7S4.
y By these two decisions the Supren
; Court riveted the fact into our system
/, government, which was already ther
If that the Cabinet, and not the Sovereig
direct the policy of the government; tn
e they ARE the responsible government
o and exercise the authority, and the SO
1t authority, thereof.
/. Under the German system of Cover
J. ment the Sovereign directs the policy
Re the Cabinet.
% Under the English system the Sove
if eign in theory directs such policy;
e practice she does not, and the Cabin
g does
l. Under the Hawaiian system the Cal
net do not execute the policy OF Il
Sovereign; but the Sovereign execut,
!, the policy of the Cabinet The Hawai-
y an Sovereign has no independent powe
authority, responsibility or discretion.
(The exceptions to this OF any impor
ance are the veto right, given by m
jority opinion OF the Supreme Court, ar
the power to appoint Ministers wht
there is vacancy lawfully created }
:, Many people do not seem to ha'
y comprehended this, and they receive Il
- statement somewhat incredulously.
= is cold, incontrovertibIe fact, howeve
1t is, moreover, the exact status and pos
y ton occupied by Queen Victoria
! The only difference between the tv
~ is, that in England the letter OF the la
- gives the Queen power, but precede
,u and custom have taken it away from he
w and she submits thereto; while in II
- wall the law expressly deprives the So
% erein of power, and they do not subm
~ thereto, but are constantly struggling
= get it back from the people.
=, Under these circumstances, what re
20 son is there in saying that the Cabin
~ may not be ON accord" with Il
Queen; that she "cannot work in ha
mony " with them, or that she cam