The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1892-09-21

upon resolution of want of con
idence in the Cabinet with the fol-
lowing result: Yeas, "a; mays, 2l. The
President ruled that the resolution
had not carried. The question is,
Was the ruling correct2
Article Al of the Constitution pro-
vides that the Cabinet "shall be re-
moved by him (the King only upon
a vote of want of confidence passed |
by majority of all the elective
members of the Legislature"
Two seats were vacant on account
of designations to take seats in the
Cabinet.
What meaning is to be placed up
ON "a majority of all the elective
members?
Three constructions may be con
tended for:
|. That the words mean a major
ity of a full house when all vacancies
are filed, and all who may be cleo
tive members are present.
2. That a majority of quorum
is intended.
3. That the majority must be a
majority of those who are members
at the time of the vote, disregarding
vacancies.
There is authority for the first and
second construction under certain
circumstances; apparently none for
the third, but direct authority
against it.
In favor of the first construction,
which we submit is correct, is the
following very strong opinion in
Osburn V. Staley w. Va. So 13 Am.
Reports p. GAG. In this case the
Court said:
"The fourth and last point made
by the counsel for the appellant is
that only a majority of the members
remaining after the resignation of
one member is required to pass
bill. The Senate when full consists
of twenty-five members, and it is
conceded that at the commence
ment of the session of the Legisla-
ture, at which the bill in question
was passed, this branch was full.
The pleadings in the cause are in
definite and uncertain, but it suffi-
GENTLY appears from the pleadings
and the admissions of the parties,
that at the time the vote was taken
the journal will show that one men,
Der of the Senate had resigned his
seat, and that only eleven senators
voted aye on the passage of the bill.
The point of difference between the
counsel is, the construction to be
given to the provision of the Consti-
tuition: No bill shall be passed by
either branch without an affirmative
vote of majority of the members
elected thereto. Counsel for appel
lees contend that members elected
mean persons elected as members
at the last preceding elections, whe-
Their members at the time the vote
is taken or not; while the counsel
for the appellants contend that
members elected mean members
who would be entitled to vote at the
time the vote is taken on the pass
age of the bill if present. 1t seems
that when the vote was taken on the
passage of the bill the President of
the Senate ruled that eleven yeas were
sufficient to pass it. An appeal was
taken from this decision of the Chair
to the Senate, and the Chair sustain
ed. The true theory of representa-
tive government is that majority
of the representatives of all the peo-
pie to be bound by any law should
assent to it, and it cannot be doubt
ed but that the people, when they
, put this provision in the Constitu-
ton, intended to secure themselves
against the passage of any law to
. which majority of all the people
: should not consent. The represent
+ atives of the people should be gov
erned by the spirit of the Constitu-
, ton, and in doubtful cases should
] decline the exercise of power. Foi
these reasons, with all respect, il
1 was the duty of the Senate to have
g declared the bill not passed"
r The meaning of the word House
standing by itself may mean all Of
8 the members belonging to such
s house. Thus in Southworth .. r. r
t Co. Mich. 2S7, the Court say: "II
!. Sec. 10, Art. 4, this word occur,
twice. In the first clause which pro
n vides that "a majority of each hous,
r shall constitute quorum to dc
9 business it very clearly means al
t the members belonging to sucE
house. In the last clause that eacI
Y house shall choose its own officers,
} it seems as clearly to mean a quorum