The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-08-10
MORE SPECIOUs THAN SOUND.

| present terms of Court are illegal,
because the Circuit Judges have
been reappointed'by the President,
without any submission of their
names to the Advisory Council
for confirmation. The Constitu-
ton vests these appointments in
the President, subject to confrma-
ton by the Senate. The Bulletin
rests its contention upon the pro-
visions of article 100 of the Consti-
tuition. This article is as follows ::
Until the converting of the first
Legislature, in either special or regu-
lar session, the members of the Advis-
DRY Council of the Provisional Gov
eminent of the Hawaiian Islands
shall constitute a Council to be styled
the advisory Council of the Repub-
lie of Hawaii"
The Advisory Council of the Repub-
lie of Hawaii and the Executive
Council, sitting together, shall be
vested with all the powers and author
ity heretofore vested in the Executive
and Advisory Councils of the said
Provisional Government, and also all
the powers and authority by this
Constitution granted to the Senate or
to the Legislature.
Such converting of the Legislature
shall thereby terminate the existence,
power and authority of the Advisory
Council.
The other provisions of the Con-
stitution which bear upon this
question are contained in the first
two sections of Article 26. They
are quoted in full below:
Section l. The President, with the
approval of the Senate, shall appoint
the members of the Cabinet, the
Judges of the Supreme and Circuit
Courts, the Auditor General and all
Diplomatic and Consular representa-
tives to foreign countries; and until
the end Of the first session OF the
Senate the dppOinteeS Of the PreSi-
dent SHAH act.
Section .. In case vacancy in any
such office shall occur lOhiLe the SEN
ate is not in session, the President |
may fill such vacancy by granting a
which shall, unless con-
firmed, expire at the end of the next |
session OF the Senate.
The foregoing citations put the |
reader, so far as we are aware, in !
of everything in the |
Constitution having a direct bear
ing upon the question at issue.
We believe they show clearly
enough that while the Constitution
gives the Senate a share in the APP
pointing power, it does not vest any
share in that power in the Coun-
ellis.
The case under discussion seems
% be especially provided for in
section 1, Article 26, which says in
80 many words that until the end
If the first session of the Senate,
he appointees of the President
hall act" This language covers,
Ind was plainly intended to cover,
he period between the promulga-
ion of the Constitution and the
md of the first session of the Leg
stature convened under the Re-
public. If this language does not
mean this, it has no ascertainable
meaning. To attempt to apply it
o the Advisory Council is absurd.
The clause which vests in the
councils the powers of the Senate
nd House has, therefore, no appli-
alton. The Advisory Council is
lot the Senate, and the weekly
meetings are not sessions" in the
ense contemplated above. As the
senate does not exist, it cannot
low be in session, and it can never
ave reached the "end of the first
ession," so that there is plainly
20 possibility of finding any
hing in Sections l and ?, of
Irticle 26, to invalidate the Presi-
ent's appointments. The Con-
titution does not vest gener-
lily in the Senate any power of t
until after the cleo
ion and converting of the first SEN
tie This power cannot, therefore, I
e one of those granted to the Adj l
isory Council. The power of the :
enate to confirm does not come g
ito being at all until the Adj {
isory Council ceases to be. 1t :
annot then be one of those powers
the Senate which are vested in !
le Advisory Council. :