The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-12-08
THE LEGISLATURE
One Hundred and Forfiefh Day.

Quorum at 9:l0.
A motion to take a recess was made
and lost.
The answer of the Supreme Court
was read to questions in regard to the
signature of the Sovereign to Constr
tutional amendments. The Judges un-
animously hold such signature to be
unnecessary.
DEPARTMENT OF THE JUDICIARY,
HONOLULU, December 9th, 1929
To the Legislature OF the Hawaiian King
dom:
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 re-
quested upon the following question,
namely:
"When a proposed amendment to the
Constitution has passed the Legislature
at two consecutive sessions as required
by Article 80 of the Constitution, does 1t
take effect and become incorporated In
the Constitution 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 pro-
posed in the Legislature and if the same
shall be agreed to by a majority OF the
members thereof, such proposed amend
ment or amendments shall be entered
ON it's journal, with the yeas and nays
taken thereon, and referred to the next
Legislature which proposed amendment
or amendments shall be published for
three months previous to the next cleo
ton of Representatives and Mobiles; and
if in the next Legislature such proposed
amendment or amendments shall be
agreed to by two-thirds OF all the mem
bers of the Legislature, such amendment
or amendments shall become part OF the
Constitution of this Kingdom"
There being no words In the Article
requiring the signature of the Sovereign
to an amendment to the Constitution be-
fore 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 48,
which provides for the royal signature to
bills, the royal veto and the necessary
vote to pass bill over the veto, does not
apply to amendments to the Constltu-
ton. The paper embodying such pro-
posed amendment is not bill. 1t does
no: require publication after it has finally
passed as is the case with the laws, nor
n delay of ten days on the island OF Oahu
and thirty days on the other islands be-
fore taking effect. Civil Code, sections
/, 2, and A. Although the legislative
power is vested in the Sovereign and the
Legislature by Article Al, this provision
~ ;ot IN Art
so. 1t clearly refers to the law making
power alone, many other powers being
exercised by the Legislature without any
participation therein by the Sovereign.
We find that Article 80 OF the Consti-
tuition of 1864 corresponds substantially
with Article 80 of the present Constitu-
ton, with one exception, which is, that
after a proposed amendment to the Con-
stitution has passed the Legislature, it
must receive the approval of the King
before it can take effect as part of the
Constitution. The absence of this re-
quirement from the present Constitution
is significant of the intention OF those
preparing it, that the power of amending
it should be solely in the Legislature.
The meaning of the Constitution is
clear, as we find it in its wording, that
the people alone through their Legisla-
ture shall have Jurisdiction to change or
add to its provisions, untrammeled and
unhindered by the Sovereign.
We therefore reply to the question
submitted to US, that when proposed
amendment to the Constitution has
passed the Legislature as provided in
Article 50, it takes effect and becomes 6
part of the Constitution without the sig
nature of the Sovereign,
Very respectfully submitted,
A. F. JUDD,
RICH. F. BICKERToN,
SANFORD. 3. DOLE.
Rep. Kanealii introduced resolu
ton giving the Secretary fifty day
after the adjournment to complete hi
record of the session. Adopted.
Rep. Kaluna moved that Bill 81 b
referred to the Judiciary Committee
The Secretary stated that the bill
had already been referred to tina
committee.
Rep. Smith stated that his prede
cessor as chairman of that committe
had not given him the bill.
Notice of meeting of the Judiciar
Committee was given.
At 9:45 An. the House proceede
to the
ORDER OF THE DAY.
Consideration of the Appropriate
bill.
The salary of the Harbor Maste
came up for reconsideration.
Rep. Wilder moved it pass at $500
for the period. The duties of the offiC
were arduOus, sometimes beginnin
before sunrise and lasting till afte
sunset.
Noble Marsden did not think tn
salary could be increased without il
justice to others who had been CT
down.
Rep. Smith and Noble Ena spok
In favor of passing the item at 5000
Rep. kaunamano opposed that nj
ton. Plenty of men would be glad
get the job at the reduced rate.
The motion to pass at $4,000 was 10
on the following division:
Ayes-AIinister Wilcox; Mobiles En-
Cummins, Kauhane, Hoapili, Youn
Anderson and Kanoa; Reps. Wilder, ]
w. Wilcox, Kapahu, Edmonds, Akin
Smith Bnd A s. Wilcox-15.
Noes-Nobles Pua, Peterson, William
Male, j. NJ. Horner, Hind, Marsde
w. Y. Homer and Dreier; Reps. BIZ
kane, Aki, Pua, Kauhi, A. Horne
Kaunamano, Kamauoha, Waipuilar
Nahinu, White, Kanealii and Iosepa-2
Absent = Ministers Robinson, al
Brown; Mobiles Berger, Hopkin
Baldwin, Cornwell, Walbridge al
n