The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-06-12

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sible TO get along without Privy
Council. 1t would concentrate power
| i'm Honolulu and the temptation would
constantly be present 10 legislate on
| trivial matters. This was dangerous
| innovation in the Republic and would
| cause a great deal of trouble and fric-
ton in the community. As to pesti-
lence, the laws could provide a con-
tingent appropriation. If an emer-
| gency arose which the Executive
could not handle, it should oe dealt
with by the country at large, and not
by the representatives OF any one sec
| tion of the country as it would be if
settled by the Advisory Council.
Delegate Carter seconded Council
lor Tenney's original motion.
Councillor Tenney withdrew his
motion.
Delegate Carter saw no necessity
of vesting any such power in the Ad-
visory Council in this way. He fa-
vored, however, having an Advisory
Council, as he thought that its powers
were so limited as not TO be danger
Gus.
Delegate Baldwin was suspicious Of
an Advisory Council with legislative
powers. He thought it should have
the power of appropriating money in
case of emergency. He moved refer
ence TO Committee on Legislature.
President Dole wished to have the
article deferred until the subject of the
Advisory Council Article 7Sy came
up. He would so move as an amend
ment TO Delegate Baldwin's motion.
Carried.
ARTICLE IS.
No person shall sit as a Senator or
Representative in the Legislature, un-
less elected under aud in conformity
with this Constitution.
Passed.
ARTICLE S9-SUPREME COURT JUDGE
OF QUALIFICATION OF MEMBERS.
In case any election to a seat in
either House is disputed and legally
contested, the Supreme Court shall be
the sole Judge of whether or not le-
gal election for such seat has oe-n
held; and, if it Shall find that legal
election has been held, it shall be the
sole judge of who has been elected.
Councillor Tenney asked why the
power to pass on its OVID members
was removed from the Legislature.
President Dole said it was TO secure
an impartial tribunal. 1t was recon-
mended by students of Governments.
The President referred TO the facts in
the Hayes-Tilden election as an ex-
ample of the partizan weakness of |
human nature.
Councillor Tenney moved the sec
ton pass as read.
Delegate Carter had heard this |
question discussed by statesmen in the
United States, and he did not doubt |
hat If the Constitution of the United |
States were 10 be drawn over again, it |
would contain a provision of this
Kind.
ARTICLE 40-BURDEN OF PROOF OF
ELIGIBILITY.
In case the eligibility of any person
o be Senator or Representative or
N elector of Senators or Representa-
ives is questioned by any legal voter,
,efore any court or tribunal having
to consider such matter, the
burden of proof shall rest upon the
,erson whose eligibility is so ques-
ioned to establish his eligibility.
The unsupported statement or oath
# the person whose eligibility is so
uestioned shall not be deemed suffi-
lent to shift the burden of proof; but
le shall show by other evidence, to
he satisfaction of the court or tribun-
], that he is eligible.
Passed.
.RTICLE 4l.-DIsQUALIFICA OF
LEGISLATORS.
No member of the Legislature shall, |
uring the term for which he is elect
d. be appointed or elected to any
flee of the Government except that
{ President or Minister of the Depart. ;
1ents of the Government.
Minister Hatch moved to amend by
dding at the end the words "or JUS
ice of the Supreme Court, or Judge of {
Circuit Court"
Minister Smith favored the amend
lent, though it seemed to be break
lg down the principle established in
Article fl. 1t was desirable to have
awyers in the Legislature, and yet if
here were it might be hard to get {
ood judges unless they were eligible.
Delegate Robertson moved to strike
ut all after President. - There
7ould be strong tendency on the I
art of ambitious Senators to scratch {
ach others back and fill the ministe-
al positions out of their own number r
Councillor Tenney favored that l
In the last Legislature, t
ut of forty eight members there were
or twenty-eight minIsteri- '
aspiTauts. f
The Chairman thought Councillor I
remarks parliamentary, I
5 there were some of those Legisla. a
)rs ia the Convention. q
Councillor Tenney said he would
xcept those. q
Councillor Emmeluth favored Dele q
ate RObertson's amendment. j
Delegate Carter favored passage as 1
] the draft. He did not believe in y
laking ministers of anyone VINO had I
OF had the substantial support of an /
lection by the people.
President Dole said the Importance a
nd honorable character of the posi-
on of Judge of the Supreme Court T
lade it very Objectionable to make 4
is appointment out of the Senate pos Q
hla as a reward Of noIificaI sarvioa |