The Hawaiian gazette., 1893-02-21

country to-day. There Is evi
IDENTIFY legislative body in the Gov
eminent, and that body Is compose,
posed of the two Councils in Joint SEES
sion. Being Legislature, they hav,
the power 10 punish for contempt
though he did not claim that they
succeeded TO the powers OF the Ha
waiian Legislature under Article 81
OF the Constitution. The Proclama
ton annulled so much of the Consti.
tuition as contlicted with the power OF
the Provisional Government. The pres
ent system is not one of constitutional
| limitations. 1t has plenary power TO act
as shall seem betitting the occasion.
The combined Councils have passed
Act 10 relating to contempts." That
Act has the force of law. In pursu-
ance of their power to punish for con-
| tempts they have attempted to secure
the presence of the respondent before
them, TO answer charge of contempt,
committed in violation of their sta
tute.
Mr.. Hatch contended that the re-
turn OF the Marshal alleged that he
held respondent, not only by virtue of
the warrant issued by Mr.. Dole, but
also "by order of said Councils
True, that "orderr is not set forth by
copy or otherwise, except the allega-
ton of the Marshal. But the allega-
ton in the return, if not disproved,
must be accepted as true. If true,
that disposes of the objection that the
Presidents warrant was unsanctioned
by the Councils, or that it was the
Marshars sole authority for the re-
straint of respondent. The whole
question was narrowed to the inquiry
whether the Councils constitute a
legislative body? II so, and that
body is authorized to protect itself
from contempt, then the present pro-
ceedings are legal, and the respondent
should be remanded. The objection
to the warrant at the present stage
was premature. 1t is not necessary
to describe the offense in detail in the
warrant. a warrant of arrest to
"show cause why he should not be
punished for contempt" is, in effect,
a charge of having committed that
offense.
The Attorney General Hon. w. o.
SMITH followed Mr.. Hatch, also in
support of the Government, and
urged the constitutional right of the
legislature consisting of the COM
bined Councils) to not only legislate,
but also to command the arrest of
persons charged with contempt of
said Councils. The sole power of the
Court in the present instance is con-
fined to an inquiry whether the war
rant in question was regularly issued?
If so, then the respondent should be
Mr.. Ashford, in reply, asked what
opposite counsel meant by the "power
of the Provisional Government" when
that the Constitution shall
not now interfere with that "power"
Did counsel mean the power of the
Provisional Government to do as they
please? There are certainly no limits
upon their acts unless those limits ex-
ist in the Constitution. How much |
Of the Constitution win exist at sun
down tonight if nothing but the ire
sponsible will of the Councils stands |
between it and destruction? The |
Court is confronted by the question,
'have we a constitution" and it must |
De answered in this case. If we have |
/ constitution, the action in arresting |
Sheldon is clearly unconstitutional. |
If we have no constitution, then not |
,nly Mr.. Dole's warrant, but that of |
my other member of either Council |
AN consign any citizen to prison, |
even the formality of reciting
/ charge of criminal Offense against |
him.
The amalgamation of the two COun-
ills in one legislative body was entirely
Without warrant OF authority. 1t is
orbidden by the terms of the Procla-
nation. 1t is no more competent for
he combined Councils to enact valid
avs than it would have been for the
ate Legislature to do so, after
having incorporated the Cham
Ter of Commerce or the esti
nable "Drei Hundred" into
heir organization, to participate in
he law-making power. The Procla-
nation is the compact of the Provis-
Onal Government with the people,
nd cannot be ignored or set aside by
he former body at its mere whim or
Mr.. Ashford contended that no al
eyed order of the Councils, as set
1rth in the MarshaPs Return, could
vail the latter, unless that order were
educed to writing and appended to
he Return, so that its form and suffi-
iency could be passed upon by the
curt. Besides, the Councils being |
legally amalgamated, could exercise
o legal power, and, further, their
order" could have no greater effect
nan the bare warrant Of the Presi-
ent. Two invalid acts or orders did
OF constitute one valid act.
At the conclusion of the arguments, !;
Judge Frear announced that he would
.nder decision as soon as possible.
Briefs will be filed to-day by the
counsel. I