The Hawaiian gazette., 1894-06-08

made hy statute, anu would nave TO
be declared vacant by act OF legisla-
ture.
President Dole said he thought this
Convention had the power of declar-
ing the office vacant il it thought
necessary.
Delegate Baldwin thought the
words should be left in the COnstitu-
tion, aud il the legislature wished to
abolish the office, 1t could do so. He
believed in the Office, but thought he
should audit the department accounts
more fully.
The section passed as read.
Minister Ha ch moved To recon-
slider Section /. Carried. He then
said it was necessary To provide for
the filling of the offices named until
the first meeting OF the Legislature.
He moved to adj the following words
to the section: "And until the end of
the first session of the Senate, the
appointees of the President shall
act"
The motion was carried, and the
section as amended was passed.
Section > President Dole moved to
amend by inserting the words ''unless
confirmed" after the words (which
shall" Carried.
The section pa ssed as amended.
Section g. Delegate Carter said that
formerly the District Magistrates We're
appointed by the Chief Justice of the
Supreme Court. 1t has already been
decided that the Executive and the
judiciary should be kept distinct as
much as possible. He therefore
moved that the words, "and the Dis
trict Magistrates" should be stricken
out.
Minister Smith said the matter had
been given much thought, aud it had
been decided that it was safer to have
the appointments made by the Presi-
dent, with the approval of the Cabi-
net.
President Dole said il was true that
the appointment were formerly made
by the judiciary, and that it had
worked well. But it had been decided
that il was better not to place that
appointing power in the JudI'iary's
hands, as il makes it more difficult for
the judges to act against their ap-
poiutees if it should become neces-
sary.
Delegate Carter withdrew his
amendment.
The section passed as in the draft.
ARTICLE 26-PowER OF REMOVAL.
The President shall have the power,
with the approval of the Cabinet, to
remove any of the officers enumerated
in the last article, except the Auditor
General and the District Magis rates,
who shall be removable as provided
by law, and the Judges of the Supreme
and Circuit Courts, who shall be re-
movable only as herein prescribed;
and except the memue of the Cabi-
net, who shall be removable only with
the consent of the Senate.
President Dole moved to amend by
inserting in the last line, after the
word "only," the words "by the Presi-
dent" Carried.
The section passed as amended.
ARTICLE 27-PARDoN.
The President, with the approval of
the Cabinet and the Advisory Coun-
ell, shall have the power to grant re-
prieves and pardons snd to commute
sentences after conviction, for all
cases except in case of impeachment.
The article passed as read.
ARTICLE 2S-CoNvENING THE LEGIs-
LATURE.
The President may, with the ap-
prOval Of the Cabinet, convene the
or the Senate alone, in
special session; and, with such ap-
proval, in case the seat of Government
shall be insecure from an enemy, riot
or insurrection, or any dangerous dis
order, direct that any regular or spec
lal session of the Legislature shall be
held at some other than the regular
meeting place.
Minister Smith moved that the
words, 'of the Legislature" after the
words, Especial session." be stricken
out. Carried.
The article passed as amended.
ARTICLE 29-RECEIvING FOREIGN
REPRESENTATIVES,.
The President shall receive and ac-
all diplomBtic representa-
lives accredited to the Republic by
other Governments.
The article passed as in the draft.
ARTICLE 30-MEssAGEs TO THE LEG
IsLATURE AND ADVISORY COUNCIL.
The President shall, upon the meet
ng of the Legislature, or of the Ad-
Tisory Council, or at such other times
rs he may deem proper, inform either
such body, by message in writing, "a
% the condition of the Republic; or
other matters of public
interest; and recommend the consid-
,ration of such measures as to him
hall seem best.
The article passed as in the draft.
ARTICLE 3l-MARTIAL LAw-sUsPEN-
SION OF HABEAs CORPUS.
The President, or one of the Cabinet
as herein provided, may, in
:ase of rebellion or Invasion, or i'm
ninent danger of rebellion or invas-
on, when the public safety requires
t, suspend the privilege of the writ of
labeas corpus, or place the whole or
my part of the Republic under mar
ial law.
The article nassed "a in tho draft