The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-01-23
LAW AND ORDER.

"a
the elements of law which was de-
fined by one of the speakers last
Wednesday evening, needs to be
clearly understood, and emphati-
cally sustained by the law'abiding
and conservative portion of the
community. Fortunately, the in
teIligence of the country lie, with
few exceptions, law-abiding and
law-supporting, and although
those few exceptions may make
themselves frequent and audible,
they cannot make Central Amer
lean circus of Hawaii.
It is of the first Importance to
keep all the landmarks of the law,so
far az they were not practically
obliterated by the acts of the late
queen. The Provisional Govern
ment was formed in order to hold
together, so to speak, those por-
tons of the law which were not
inconsistent with the monarchical
system, to keep the body polite
intact, 40 as to avert the conse-
quences which surely attend and
follow anarchy.
The Government 80 formed is
necessarily in a state of transition
to something better and more per-
manent; but it is none the less the
only Government which now exists
in Hawaii, either de jure or de
facto. 1t is the only depository of
law. The great body of constitu-
tional and statutory enactments
remain in full force, and by reason
thereof, the country is happily and
securely kept free from unseen and
portentous dangers which other
wise would exist.
The subject is too important to
be discussed in a brief editorial,
and we can do no more now than
merely outline its meaning.
~ The function and the duty of
I the Provisional Government is not
only to maintain the law and the
public peace, it is to pave the way
to more permanent form. An
nexation may or may not be the
next step, or the next development
in the transitional stage. One may
or may not consider every act or
step of the existing Government as
correct in his own view. There
are those who appear to think that
the continued existence of the Pro-
visional Government depends on
their personal liking for its individ-
ual members, or is a question of
power alone, which they can sue
cessfully assert whenever they
please.
This is a sad mistake, but few
as they are who seriously entertain
such a mistaken view, they require
to be taken note of.
The present Government is ne
cessarily ministerial, and is not
yet a party government in the
usual political meaning. Its legis-
lative department now includes, as
does the English Constitution, ex-
ecutive, but not judicial, members
of the government.
While the Government is bound
to consider and consult the wishes
and needs and interests of all its
supporters, it cannot throw off on
its supporters, nor can any of its
supporters, any more than its oppo-
nents legally or properly claim, the
responsibility or right of governing
the country. The present Govern
ment also has the duty and the
responsibility of making such
changes as shall define and state
more fully than as yet is done, the
functions of each branch of govern
ment, including such modification
or enlargement of the legislative
and executive functions, powers
and methods, and such establish
ment of an electoral system as will
give to the government repre-
sentative basis.
In other words, the continuity of
fundamental law and also of con-
stitutional government must be pre-
served if we wish to avoid both the
Scylla and the Charybdis of revo.