The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-06-09

aShnhtipOA epiuSlhltt Wnen idIke un-
foreseen expenses for quarantine, etG.,
must be met. The Council had auth
ority TO make appropriations in case
of war, rebellion, etc, and these Ap-
propriations would only be valid until
the Legislature could bo called to-
gether. Some had held this author
Ity 10 be unnecessary, because mar
tial law could be declared. But that
was very Objectionable. Martial law
was no law at all,--or simply the law
OF might, and should only be resoIted
to in very extreme cases. A power
such as is provided in this section,
must exist somewhere.
Minister Damon sad he supported
Councillor Emmeluth's motion, be-
cause there seemed TO be a tendency
IN this Constitution to take power from
the people and concentrate it In the
hands of few. Any p wer granted
by the people should be very carefully
guarded. The apathy of the people
might lead him 20 say, "Well, that
Provisional Governments did very well,
let them .go ahead and pass their laws
This would end, as he claimed, in mill
Itary control in this country. This
draft allowed the Council TO pass
money for great public necessities.
That was far too flexible n phrase. Ii
great emergency arises, let the Leg
money expended. II was the peoples
money aud the people should expend
it.
President Dole would be very glad
If those who introduced this article
would give their reasons therefor.
Councillor Emmeluth said the OBJ
ject was TO get AS near To the people as
God and the conditions would allow.
Councillor Tenney said he favored
Il A. 4.
believe in having any Advisory Coun-
Gil. 1t was following up the old idea
of the monarchy that it was not pos
sible 10 get along without a Privy
Council. 1t would concentrate power
in Honolulu and the tenn mptation would
constantly be present to legislate on
trivial matters. This was a 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 con-
tingent appropriation. If an emer-
geney arose which the Executive
could not handle, it should be dealt
with by the country at large, and not
by the representatives of any one Sec
tfon 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 Adj
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
thepower 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 subjectof the
Advisory Courcil (Article 7Sj came
UP. He would SO move as an amend
ment to Delegate Baldwin's motion.
Carried.
ARTICLE SO.
No person shall sit as Senator or
Representative in the Legislature, uu-
less elected under and in conformity
with this Constitution.
Passed.
ARTICLE 39-SUPREME COURT JUDGE
OF QUALIFICATION OF MEMBERS.
In case any election TO 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 oeen
held; and, il it shall fiud that a 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 own members
was removed from the Legislatures
President Dole said IL was TO secure
an impartial tribunal. 1t was recon-
mended by students of Governments
The President referred to the facts in
the Hayes Filden 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 I'm the
United States, aud he did not doubt
that If the Constitution of the United
States were To be drawn over again, it
would contain provision of this
kind.
ARTICLE 40-BURDEN OF PROOF OF
ELIGIBILITY.
In case the eligibility of anv person
to be Senator or Representative or
an electOr of Senators or Representa-
tives is questioned by any legal voter,
before AIRY court or tribunal having
to consider such matter. the
burden of proof shall rest upon the
person whose eligibility is 50 gues-
toned to establish his eligibility.
The unsupported sta'ement or oath
of the person whose eligibility is so
4 1Ifestioned shall not be deemed suiii-
cieBt 20 shift the burden of prOof: but
he shall show by other evi ietice, TO
the satisfaction OF the court or tribun-
al that he ia eligible.
Passed.
A RTICLE NEUTRALITY-SUSPICIOUS. OF
LEGISLATORS.
No member of the Legislature shall.
Turing the term Tor which he is elect.
ed be appointed or elected to any