The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-02-17

our "oasons for actions should under
present circumstances, especially,
be drawn from the United States.
Mr.. Hatch-We're not there yet.
Mr.. Ashford-No, and I'm afraid
If matters go on in the direction
they appear to have taken, according
to the case in court, we shall not get
there for a good while. The case
that opposite counsel supposes is
here now. Here is man in court
deprived of his liberty, we contend,
without authority of law. A strong
reason for the Courts taking juris-
diction is the indefinite tenure of
the Provisional Government. If
they we're sure that the present con-
dition was only to last for day, or
even a week, there would not be the
same reason for opposing the arbi-
trary assumption Of power What
safety was there for any person in
the community if simple order
from President Dole could land one
in prison7 The order of arrest from
the Councils attached to the
answer had no more authority
than Mr.. Dole's warrant There
was no offense against any law
of this country mentioned in
the warrant. The members
of the Councils were very honora-
BILE gentlemen, but they had got
themselves very badly mixed up in
matters of law. They might be OK
pert judges of sugar and soap but
they showed but slight knowledge
of constitutional principles. There
was nothing, he contended, in the
argument of opposite counsel to
show that President Dole had any
power to issue such a warrant. Ac-
cording to the authorities he had
quoted there could be no contempt
committed against the Legislature
outside of its presence. There was
no authority for regarding the Pro-
visional Government as Legislative
body, excepting it contained such in
the Advisory Council sitting alone.
AS Mr.. Ashford concluded counsel
on both sides referred the Court to
authorities on their respective sides.
The Court asked for further argu-
ment on the following questions: %
If the Councils had not the right to
enact Act 10 (contempt), had they
any more right to enact Act 4 (powers
of legislation)9 GU Have they any
authority to so amend the terms of
their own Proclamation, as for in
stance, by calling in the Executive
Council to sit with the Advisory
Council as part of the Legislative
body?
Mr.. Hatch took the ground en-
phatically that the Proclamation
did not purport to present a COM
plete system of government. In
deed, that idea was expressly con-
tradicted by the clause reserving to
the Provisional Government further
powers as might be necessary. AS a
Legislature the Councils have full
power to enact laws. The acts of
the Councils are superior to prior
laws where there is no conflict with
them.
Judge Frear-Is not the Pro
clamation itself to be considered q
Constitution
Mr.. Hatch replied that it was not
to be so construed and it did not
purport to be a Constitution. 1t was
rather.a Stirring of causes" which
led up to the revolution to meet the
necessities of the occasion.
Mr.. Ashford concluded the ar
gument by saying that the state
ments of opposite counsel showed
the only Constitution under which
the people were living was such
remnant of the Constitution Of 1887
, as the eighteen gentlemen compos
ing the Councils might in thei
, moods of the moment choose tt
leave us. The existing government
: had not undertaken to limit itsel
l in any way. 1t was most humiliatins
, confession for an Attorney-G Genera
} to plead in any civilized country il
} the nineteenth century, that oul
, legislation is at the caprice o
: eighteen men.
Judge Frear promised an early
decision.