The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-12-07
THE LEGISLATURE.
l40TH DAY.
WEDNESDAY, Dec. z, 1899.
Morning Session.

l. ne Assembly CAME 10 OTueT lot
prayer at 9 o'clock. Roll call and
reading of the minutes of the pre-
vious meeting.
At 9:25, a motion was made that a
recess be had until l;30 o'clock.
Lost.
The Clerk read an answer from
the Justices of the Supreme Court
in re the request for an opinion as to
the necessity of the signature of the
Sovereign to Constitutional amend
ments. The unanimous decision of
the Justices is as follows:
DEPARTMENT OF THE JUDICIARY,
Honolulu, December 6, 1892.
To the Legislature of the Hawaiian
Kingdoms:
The Justices of the Supreme Court
have received from Your Honorable
Body the following resolution:
"Resolved that the opinion of the
Justices of the Supreme Court be
requested upon the following ques-
ton, namely:
"When proposed amendment to
the Constitution has passed the
Legislature at two consecutive SEES
sions as required by Article 80 of the
Constitution, does it take effect and
become incorporated in the Consti-
tuition without the signature of the
Sovereign, or is such Royal signature
essential to give it effect
Article 81 of the Constitution is as
follows: ANY amendment or amend
ments to this Constitution may be
proposed in the Legislature and if
the same shall be agreed to by
majority of the members thereof,
such proposed amendment or amend
ments shall be entered or its jour
nal, with the yeas and nays taken
thereon, and referred to the next
Legislature; which proposed amend
ment or amendments shall be pub
lished for three months previous to
the next election of Representative
and Mobiles; and if in the next
Legislature such proposed amend
ment or amendments shall be agreed
to by two-thirds of all the members
of the Legislature, such amendment
or amendments shall become part of
the Constitution of this Kingdom"
There being no words in the Arti-
Gle requiring the signature of the
Sovereign to an amendment to the
Constitution before it shall become
valid, the question arises, is there
anything requiring it in other parts
of the Constitution or in the Laws
We find nothing. Article As, which
provides for the royal signature to
bills, the royal veto and the neces-
sary vote to pass bill over the veto,
does not apply to amendments to
the Constitution. The paper en-
bodying such proposed amend
ment is not bill. 1t does not re-
quire publication after it is finally
passed as is the case with the laws,
nor delay of ten days on the Island
of Oahu and thirty days on the
other islands before taking effect.
| Civil Code, Sections /, ?, 3 and ~
Although the legislative power is
vested in the Sovereign and the
Legislature by Article Al, this pro
vision does not conflict with or add
to Article 50. 1t clearly refers to
the law making power alone, many
other powers being exercised by the
Legislature without any participa-
ton therein by the Sovereign.
We find that Article 80 of the
Constitution of 1864 corresponds
substantially with Article 81 of the
present Constitution, with one ex-
ception, which is, that after pro
posed amendment to the Constitu-
ton has passed the Legislature, it
must receive the approval of the
King before it can take effect as a
part of the Constitution. The
absence of this requirement from
the present Constitution is signifi-
cant of the intention of those pre-.
pairing it, that the power of amend,
ing it should be solely in the Legis-
lature.
The meaning of the Constitution
is clear, as we find it in its wording
that the people alone through theil
Legislature shall have jurisdiction
to change or add to its provisions
untrammeled and unhindered by
the Sovereign.
We therefore reply to the ques
ton submitted to us, that when {
proposed amendment to the Consti
tuition has passed the Legislature a!
provided in Article 81, it takes effeG
and becomes part of the Constitu
ton without the signature of tn,
Sovereign.
Very respectfully submitted,
A. f. JUDD,
RIcH. f. BIcKERToN,
SANFORD b. DOLE.
Rep. Kanealii offered resolution
that the Secretary be allowed fit,
days after adjournment, to complete
his record of the proceedings of TIN
Session, Adopted,
Rep. Kaluna moved that bill Nc
81, relating to Wailubu Water Works
be taken from the table and referre,
to the Judiciary Committee.
The Clerk stated that the com
mittee had received the bill froI
him on July 22nd.
Rep. Smith from the Judiciar
Committee said that the bill had no
been passed to him by his predeces
sor. Here the matter ended.
Rep. Smith gave notice of NEE
ing of the Judiciary Committee a
his office this evening at 7 o'clock.
At 9:45, the Order of the Day be
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