The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-09-20
OPINION OF Mr.. JUSTICE DOLE.


The words of the Constitution are
capable OF both of the constructions con-
tended for, but in view Of our accepted
practice that when there are vacancies
in the seats of the elective membership,
the Legislature is still legal body to
carry on its work, the construction
claimed by the Oppositon-that is, that
a majority OF existing elective members
is competent TO pass vote Of want
OF confidence in the Cabinet, is, as it
seems to me, the more obvious and
natural one. Such construction re-
quires no addition of words or train of
reasoning in order to make it fit the Ian
guage of the Constitution.
On the other hand, / find that the
American authorities, SO far as | have
been able to consult them, are practi-
cally unanimous in favor OF the construc-
ton contended for by the supporters Of
the Ministry. The greater part of these
cases discuss the legislative powers of
municipal corporations, and it is contend
ed here against the value of these cases
that they do not apply to the question
submitted to US, because such bodies are
the creatures OF the statute and have a
different status from the legislative body
Of nation. / admit that there are diff
ferences between a board of aldermen
and the Legislature of state or nation,
but in the principles relating 10 the legis-
lative functions OF such board, know
OF no reason why they should differ from
those governing national Legislature,
nor have any been shown, except that
the membership of a municipal corpora
ton is generally small as compared to
that OF a Legislature, and therefore va
cancy in the former is a more serious
matter than is vacancy in the latter.
But the reasoning in the West Virginia
case of Osburn VS.. Staley, referred to in
the opinion of the majority of the JUS
tees, adopts the same view regarding a
State Legislature as is held by the Cali
fornia cases in regard to municipal cor
porations.
The difference of language in our Con.
stitution, which uses the words elective
MEMBERS" from that used in the consti-
buttons and charters under discussion in
the cases referred to, which use the
words ''elected to-" might perhaps sup
port an argument in favor of a different
construction of our Constitution, but the
difference in meaning of these words is
80 slight and uncertain that I am not
disposed to consider it.
Under these circumstances | am led to
follow the American authorities, and to
concur in the conclusion of the majority
OF the Justices of the Supreme Court.
SANFORD B. DOLE.
Noble Thurston read by title an
Act concerning the registration of
brands.
Rep. Nawahi said before the House
went any further, the House should
acknowledge the receipt of the opin-
ion from the Supreme Court. The
Court had settled the question now.
He favored thanking the Court.
Noble Thurston said it would be no
more proper than for sutton who had
won case in Court to thank the
judge.
Noble Horner moved the Order of
the Day.
Rep. White said he supported the
motion to return thanks to the Court
for their prompt action.
The President thought it would be
very undignified thing for the House
to do.
The House proceeded to the
ORDER OF THE DAY.
Consideration of the Judiciary Bill
176.
Section G5 passed.
Section sc. The section passed with
verbal amendment.
Section 81 passed.
Section so passed.
Section 81.
At 11:45 the House took q recess
until 1:30, without acting on the Sec
ton.