The Hawaiian gazette., 1894-06-08

NdIiAChs
ARTICLE %. - DIVISION OF POWERS
OF GOVERNMENT.
The supreme power of the Republic
is divided into the executive, legisla-
tive aud judicial. Except "a herein
provided THESE shall be preserved dis
tinct.
Delegate Carter moved to strike out
the last sentence The theory eX-
pressed originated with MonteSquieu,
but modern experience had exploit
ed it.
Minister Smith moved the article
pass as Tead.
Carried.
EXECUTIVE DEPARTMENT.
ARTICLE y. EXECUTIVE COUNCIL.
Section |. The executive power OF
the Republic shall be vested in Pres
ident and Cabinet.
Carried.
Section >. The Cabinet shall con-
sist of Minister of Foreign Affairs; a
Minister of Interior; Minister of FL
nance and an Attorney General.
the word "Secretary" for minister"
and Treasury" for "Finance."
Delegate kahaulelio opposed this.
The word Minister had already
been adopted
Minister Smith said 1t would be very
awkward to translate satisfactorily
the word Secretary" into Hawaiian.
The word Minister had always been
used. The Ministers here We're more
than Secretaries.
The amendment was lost and the
section passed as in the draft.
Section 8. The President and Cab
met sitting together shall constitute
the Executive Council.
Passed.
Section 1. Wherever in this Con-
stitutirn the action or approval of the
Executive Council is required, it shall
mean that the action or approval of 4
majority Of such Council, of which
majority the President shall be one,
is sufficient.
Council or Ena did not favor a pro-
vision which enabled a majority of
the Cabinet To override the President.
President Dole explained that this
would be the case only in those cases
where the Constitution vested the eX-
ecutlve power in the Executive Coun-
ell In France the President had been
made a mere figurehead. This must
be guarded against. The Constitution
went very far in limiting the pow ers
OF the president, which he approved.
But to allow the Cabinet to override
the President seemed to him going
too far.
Minister Damon held that where
matters came before the Executive
Council, the majority should rule.
His experience as a Cabinet Minister
before had convinced him of this. He
would move reference to a committee,
as this was a serious matter which
should not be passed on without due
consideration.
Minister Smith hoped that the sec
tion would pass as read, pointing out
at some length the advantages of the
measure.
Delegate Baldwin said the question
was new to him, and he had not made
up his mind. 1t was an important
matter, and the Convention should go
slowly on it He moved reference 10
the Committee on Executive.
a discussion arose on the question
of referring the article TO large or a
small committee.
President Dole pointed out the rad
ical distinction between the situation
of president and the sovereign. The
president was elected for term,
strictly responsible, subject to i'm
parchment, and with defined powers.
The power of the President of the |
United States were greater than those |
of any constitutional sovereign in the |
world. The President here had far |
less power He was limited in every |
direction. He could hardly appoint |
an officer without the approval of the |
Cabinet; he could not even remove |
one of his own cabinet without the |
consent of the senate. He approved |
of these limitations; but they might |
be carried too far, and that would be |
very injurious to the character of The
Executive.
The section passed.
Delegate Carter moved to add new
section, as follows:
Section 3. Whenever requested so
to do by the President and three of |
the Cabinet, a minister shall resign.
Delegate Carter strongly urged the
importance OF adopting the section.
Previous experience had shown the
necessity of u provision of this kind.
Delegate McCandless seconded the
section. He heartily approved of it.
Delegate Robertson was not in favor
of this amendment. The working of
this Constitution would be that the
Senate would practically elect the
Cabinet. 1t would not be fair in such
a case to allow three of those minis
tiers to Oust a fourth. Perhaps the
election in the Senate would result in /
a compromise, the minority getting
in one man. If this one could be |
thrown out by the others it would de
feat the original intention of the
Senate. The section would play di-
rectly into the hands of the family
compact" if such thing existed.
Delegate KahauleIiO favored the
section and hoped 1t would pass.
Minister Smith said if the conduct
of a Minister became of such import
ance as to impede the transaction of
public business the Senate could be
aud it could make the re-