The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-10-25

The Advertisers attorney is un
fortunate, however, in his applica-
ton of English precedent to our
present situation. His sweeping
Slain that this kingdom is under
English law in respect to ministerial
responsibility carries him much
further than he would probably be
willing to go. Without splitting
hairs as to details of procedure, it is
admitted that our written Constitu-
tion requires the retirement of
Ministry upon vote of want of
confidence passed by Il majority OF
the elective members of the Legisla-
ture. Although the provision is
only negative one, forbidding the
Sovereign to remove a Ministry ex-
cepting upon such vote, still in
the nature of things no Ministry
would delay resigning their commits
sions after the Legislature had voted
want of confidence in them. A vote
of want of confidence is the only
reason why Ministers should retire
or be removed in Hawaii except
voluntarily, or in case of impeach-
ment or conviction of felony. In
England Ministry is expected to
resign or else appeal to the country
under other circumstances. The
defeat of an important ministerial
measure has the same effect as a
direct vote of want of confidence.
When there is irreconcilable dis
sension in the Cabinet which
becomes public is another recog-
nized cause for the retirement
of a Ministry. Such an exhibit
ton as was made by the Reform
Ministry here in 1890 would be
impossible in England. The diff
ferences between Mr.. Thurston and
Mr.. Ashford would have had to be
composed in Cabinet councils, or the
, whole Ministry should have surren-
dered their commissions to the King
In any of the cases mentioned, how
ever, the English Ministry has an
option to avoid resigning which has
been mentioned already. That is
they may advise the Sovereign tC
dissolve Parliament, so that they
may appeal to the people in gen,
eral election. If our written Con,
stituton, as the brief under review
states, 'does not pretend to recite
everything which is necessary to give
effect to its provisions" and ''the
methods of administering this sys
tenn" in European countries and
"above alr' in England must be
authoritative for Hawaii" ther
there will probably never be a case
more peculiarly calling for the
: English appeal to the people thar
$ the present deadlock in Hawaii. W.
i are not advocating such an appeal
D remember, as we believe it is bette
f to keep within the terms of on
$ written Constitution. The expens,
r of general election is too great, anC
i, its disturbance of business too
n serious, to make us readily advocate
: even the insertion of such pro
9 vision in the Constitution as would
$ give Ministry the power of dis
: solving the Legislature, especial.
, when our Legislatures term is onl,
two years against the English Par
liament's seven.
r The key to Ministerial responsi
> bility in England is that the Ministr
i is responsible to Parliament an,
, Parliament again directly to TIN
5 people by the practice of having
9 dissolution of Parliament when Min
: isters think that the majority il
t Parliament does not represent tn
J majority of the people. Again, thi
g test of the confidence of the peopl
! and Parliament in the Ministry as
g whole is supplemented by the fac
e that Ministers, while holding office
: must be members of Parliament O
l. either House, and if of the electiv
o branch must submit to an individua
l. test of the reliance of the people i
# them by resigning and being re
i, elected by their constituents a
y members of the Ministry. Neithe
e of these foundation stones of tn
g System of Ministerial responsibilit
e which has grown up in England
e have been introduced here by tn
q Constitution of 1887. Both by di
t rect constitutional and legal pre-
o vision and by implication they ar
! excluded from being brought int
e action, the clause providing for
h dissolution of the Legislature in tn
i old Constitution having been de
Il liberately omitted in the new. TIL
n premise upon which the Advertise
J. bases its dissertation having bee
n thus shown to be absolutely untrue
t. it is scarcely necessary to follow IL
20 IFS tangled web of half-trnths am