The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-10-19

DEFENDANTS BRIEF ON MOTION TO
QUAsH THE INDICTMENT.
[. The motion is based on the
grounds ''that the said Indictment IS
presented by an officer not known to
or authorized by the Constitution or
laws of the Hawaiian Islands, and
that the said Indictment is not pre-
sented by an officer having legal or
constitutional authority to present
the same"
The Hawaiian Government under
the present Constitution is minis
terial government or nothing. The
Legislature control the Ministry In
respect of their continuance in office,
but the Legislature can only make,
not execute laws.
The Sovereign has certain defined
powers, but the active exercise of all
of them is subject to ministerial ad-
vice.
This country is, in fact, governed
by the Ministry, and majority of
the Ministry, as this Court has held,
controls.
The question of three men rather
than four governing the country, is
of vast concern to every person. Ii
a Ministry composed Of three men
will answer the requirements of the
Constitution, so will a Ministry com
posed of two men, or of one man.
Nay, more, if one ad interim Minis
ter can be entrusted with Cabinet
responsibility, then all the Ministers
may be constitutionally commissioned
as ad interim Ministers.
But the days of temporary Cabinets
are over 4 Ministry can no longer
be served up any morning in time
for breakfast. No member of Min
istry ought to be allowed to go out
, until his successor is appointed ano
ready to fill his place. If three Min
} listers, or their leader, can crowd cut
, one Minister without seeing to i
l that his place is ready to be filled
{ or if he himself can in time o.
l.. danger quietly step out, and bt
f relieved of his solemn responsibility
q at time when no successor is read!
: to assume it, then an entire Ministr.
+ may go out, leaving no one to govern
the country claim that this will
n never do. One may not in thes
i DAYS take Ministerial Office to sui
r his own pleasure, as under forme
9 Constitutions, he held it at the SOY
d ereign's pleasure. No corporation
d could exist unless its officers he'll
e over until their successors shall b
It elected and shall have accepted office
= If the proper officers fail to call a
j. election for new officers in case tn
q old officers go out by resignation
n death or end of their prescribe
d terms, stockholders can get out
y mandamus to compel the electro
N and save the result Of wrecking tn
corporation. But no one can comps
Of an appointment of any Minister.
~ The consequences OF the count1
y going without government by az
n hitting the claim that a Cabinet ma
II, be formed ad interim, wholly or
ed part, are too serious to contemplat
ad Ministers, like soldiers, must new
IT. resign in time of public need. The
Id services are required until their su
u cessors are ready.
ch If ad interim Ministers or Cabine
were recognized by the Courts
lis having full authority, what won
to become of the living, vital fact undt
as lying the present Constitution of
nd responsible ministerial governme
he of this country?
M It would he as legal to appoint
ne ad interim Supreme Court as an
in interim Ministry.
l do not mean to say that it wou
lat not be blessing to the country
tn every Cabinet Office We're abolish
he and the departments run by respc
ION sible head clerks under heavy bon'
ng all of them under the supervision
ses a chief executive, call him Govern
.ial or what not.
les Such q state of affairs would
of move many difficulties, and VOL
ov- probably work tremendously. 1