The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1894-06-05

30 III of the disability absence from the country
30 of the three Ministers aforesaid the Attorney General
81 shall act as President for the time aforesaid
~ SECTION g. If at any time during the absence from
80 the seat of government occasion shall arise requ
81 ing declaration of martial law or suspension of the
80 writ of habeas corpus the powers in and concerning
36 such matters herein granted to the President be
81 exercised by of the Cabinet Minister'S who shall
50 act order of priority below named each succeeding
80 in of disability failure of those previously
40 named to act, viz
Al The Minister of Foreign Affairs;
AZ The Minister of Interior;
43 The Minister of Finance:
"A The Attorney General.
45 SECTION f. In of the DEATH resignation removal
46 permanent disability of the President the Minister
AZ who shall thereupon act President shall Immediately
As special session of the Legislature to meet
40 within thirty days. to elect President to fill the
30 expired term of the President who has died. resigned
81 been removed or become permanently disabled
80 SECTION D. In any Minister shall act PreSi-
SO dent herein provided he SHALL while acting have
"a all the rights and powers and be subject to all the
% duties obligations and disquacatons by this Consti
So tuition granted to prescribed for the President.
l ARTICLE 36-Ex-OFFICIo MEMBERS OF LEGISLATURE
The members of the Cabinet shall be ex-ofcio mem
bers of both Houses of the Legislature, with all the
rights, powers and privileges of elected members,
) cept the right to vote
LEGISLATIVE DEPARTMENT.
ARTICLE 37-THE LEGISLATURE.
The Legislative power of the Republic is vested in
Legislature, and, subject to the limitations herein
4 provided Advisory Council
The Legislature shall consist of two houses, styled
the Senate and the House of Representatives, which
shall organize and sit separately except otherwise
s herein provided
The two houses shall be styled The Legislature of
10 the Republic Of Hawaii
ARTICLE So
No person shall sit Senator Representative in
the Legislature, unless elected under and in conform
ity with this Constitution.
l ARTICLE 39.-SUPREME COURT JUDGE QUALFIoA-
TIoNs MEMBERS
In any election to a seat in either House is dis
and clo1lI
be- the sole Judge of whether not legal election for
such seat has been held; and, if it shall find that
legal election has been held it shall be the sole Judge
S of who has been elected
| ARTICLE 4O.-BURDEN PROOF ELIGIBILITY
In the eligibility of any person to be Senator
or Representative eector of Senators Repre-
senatves questioned by any legal voter before any
. Court or tribunal having authority to consider such
NATTER the burden of proof shall rest upon the person
whose eligibility is questioned to establish his eigl
s bility.
8 The unsupported statement or oath of the person
0 whose eligibility is questioned shall not be deemed
sufficient to shift the burden OF proof but he shall
show by other evidence to the satisfaction of the Court
3 tribunal, that he is eligible
ARTICLE 4.-DIsQUALIFICATIoNs OF LEGISLATORS
No member of the Legislature shall during the term
for which he is elected be appointed elected to any
office of the government except that of President
Minister of the Departments of the Government.
| ARTICLE 42.-DsQUALIFICATIoNs GOVERNMENT OFF
AND EMPLOYEES
No person holding office in under or by authority
of the Government, including Notaries Public and
Agents to take acknowledgements, any person
in the receipt of pay emoument from the Govern
ment nor any contractor with employee of the
government shall be eligible to election to the Legis
ature or to hold the position of elected member of
D the same.
ARTICLE 43.-D1sQUALIFIoAT1oNs OF CERTAIN CLASSES
No idiot or insane person, and person who shall
be expelled from the Legislature for giving recev
ing brides, being accessory thereto and person
who in due of law shall have been convicted of
larceny bribery gross cheat of any criminal Oense
hereafter punishable by imprisonment, whether
with without hard labor for term exceeding two
years, whether with without fine, shall register to
vote shall vote hold any Office in under by
authority of the government, unless the person
ha1-n hnnn nd to