The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-09-17
THE LEGISLATURE.
Ninefiefh Day.
FRIDAY, Sept. 9

W vi - viz
would indulge him. The ADVERTISER
had said this morning that his ruling
was a weak one. Granted. If it had
been the other way, would it have
been a strong one? He had had the
matter under consideration for some
time, and four of the legal fraternity
whom he met in a casual way, all said
that % was the requisite number.
The hon. Noble from Maui had init
mated once or twice in previous re-
marks something TO the same effect.
He considered that Noble as good q
lawyer as there was III the country
and charged nothing for advertising
him either. Ii was only couple of
hours before the vote that he heard
there was a difference Of opinion be-
tween legal men. The member from
the Third Ward said there were great
doubts in his mind. He had looked
up authorities, and could not decide
either way. The speaker wanted no
Office, and had nc interest in the vote.
He was satisfied with the honor
already done him, and wanted nothing
hereafter. He was required TO rule
the business of the House fairly and
impartially, and felt that he had not
gone back on himself. He had given,
in mis- ruling, the defendants the
benefit of the doubt.
Noble Baldwin moved the rules be
suspended, in order that he might
bring the following resolution
; Whereas, There was introduced into
the Hawaiian Legislature on the l4th
day of September instant, resolution
expressing want OF confidence in the
Cabinet, and
Whereas, A vote was taken upon said
resolution on the 18th day of said month,
when, upon call of the ayes and noes
of the elective members of said Leglsla-
ture, there voted for said resolution "a OF
said members, and there voted against it
81 of said members, and
Whereas, At the time Oh the voting
upon said resolution, there were in esse
but 46 members OF said Legislature who
had been elected by the people. and
other than said members CT the Cabinet,
and
Whereas, The President of the Legisla-
ture, upon said vote; declared and ruled
that said resolution had failed to pass.
for the reason that the same had not re-
ceived the votes OF a majority OF all the
elective members of said Legislature, as
provided by Article Al OF the Constitu-
ton, and
Whereas, Said ruling has been pro.
tested and appealed against, and the in
terests of the country demand an author
itative decision as to its correctness or
incorrectness, now, therefore, be it
Resolved, That this Legislature does
hereby respectfully request their Hon.
ors, the Justices of the Supreme Court,
10 give their opinions upon the following
questions:
''The Hawaiian Legislature, being
composed OF rs elected members and four
members of the Cabinet, and two of the
4S elective members provided for by the
Constitution having resigned, their seats
now being vacant, no persons having
been elected TO fill such vacancies, or
either of them-how many OF the 46
elective members of the Legislature are
required to vote for resolution of want
OF confidence in the Cabinet, before the
same can be legally declared carried, or
passed, in accordance with the terms of
Article Al of the Constitution ?"
GA resolution expressing a want of
confidence in the Cabinet having re-
ceived "a votes for its passage, out of a
total of 46 elective members in esse OF
said Legislature, did said resolution fail
of passage, or was it carried, within the
terms of Article Al of the Constitution ?''
Resolved, That copy of this resolu-
ton, attested by the President and Clerk
of this House, be at once forwarded 10
their Honors, the said Justices
The speaker continuing, said he
brought this resolution without bias
or personal feeling, because there
might be time when he would be
very glad to get decision that il
required % votes to make majority
The question was very important
and should be settled by the highest
authority. There were lawyers Of
high standing who thought "a suffi
cient. There were those who thought
the House should carry the appeal
which they obviously could do if the
vote could, however, be regarded a.
4 biased vote, and he therefore favored
making use of the right of the House
to appeal to the highest authority.
Noble Williams said it gave hin
great pleasure to support the resolu
ton. 1t indicated what would ulti
mately have to be done. If the HOUSE
should discuss the appeal there NIGH
be recurrence of the disgracefu
scene of yesterday.
Minister Neumann was glad to hay,
the matter referred to the Suprem,
Court; but he opposed the resolution
because there was no such thing as al
appeal from the President of tn,
House to the Supreme Court. Al
appeal must be taken to the House
and, If that was sustained, q case coul(
be made for the Court.
Noble Thurston said the ATTORNEY
General did not know that an appea
had been taken. That was becaus,
the Acknowledgement had got u,
with his supporters and left tn,
House, instead of staying and attend
ing to his constitutional duties. Th
House was not adjourned, the Presi
dent re-assumed the chair and so de
clared. An appeal is now pending.
Rep. Smith said the minutes of tn
Secretary would settle the whole ques
ton.
The Secretary read the passage @
the minutes in question.
Rep. Smith said the minutes show
ed that the appeal was noted. Thi
resolution was brought wholly in tn
interests of peace and harmony, an,
he could not understand why Their
should be any objection to it. He di
not wish to attribute to the Cabinet
desire fO hold thar