The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-06-03

judgment to decide whether Act No. 46
is a constitutional measure.
The next point which is a vital one,
is that under the Constitution. Article
63. Each law shall embrace but one
subject. which shall be expressed in it's
title. The title of n law amending or
repeating another law shall refer TO the
section or chapter of the law amended
or repealed, and 10 the subject matter
involved 1t was stated on the floor
of this House that Bill No. 46 carried
the appropriation with it. ! would
like some member to show me how you
can borrow money with an Act and ap-
propriate it by the same Act. fail to
find any precedent for il.
I'm 1892, ii is true that they passed
an Act appropriating $75O,OOO and "a
loan bill under the same Act; that
was the custom, in those days. TO pass
a current account bill for appropria-
tiOns and loan fund bill under the
same Act. But they were kept sepa-
rate and distinct. Section 4 of Act 90,
Of the session of 1892, reads: The
sums borrowed under this Act shall be
placed in the Treasury > the credit
of the Loan Fund, 1892 and shall be
paid out for and used for the following
purpose and no other: New wharves,
sea wall. etc In 1893 they passed an
Act, Act l6 of the Provisional Govern
ment, which was to carry out the pur-
poses of the former Act of the session
of the year 1892, and in which
the purposes for which the mon
ey borrowed was to be expended was
specially mentioned Also Act of the
Republic, making supplementary ap-
hn 90
ernment of the Republic for the two
years ending December 81, 1896. spe-
officially mentions the purpose for
which the money is to be used. Sec
ton l reads: The following sums.
to $500, are hereby appro.
priated out of any moneys which shall
be received by the Treasury during the
biennial period ending March 81. 1896.
from the loan authorized by the Act
approved January IL, 1898, and by Act
16 of the Provisional Government. ap-
proved February IS, 1893, from any
surplus receipts from deposits in the
Postal Savings Bank, and from cur
rent revenue; provided, however, that
any moneys advanced from current
revenue, or from deposits in the Postal
Savings Bank for the objects named.
may, as soon as practicable, be reim-
bursed from moneys obtained from
such loan Then follows the specific
items for which money was to be ex-
pended-'new wharves, sea wall. ETC.
have shown you, therefore, that It
Is not competent to pass a loan bill
and appropriate the money borrowed
under it in the same Act. 1t must be
an entirely different Act The trouble
with our former loan Acts has been
that the expenditures under the differ
ent items were not readily adjustable
to the amount on hand, work had to be
delayed on some items, and in others
the amount on hand was in excess of
the demand.
Another defect with Act 46 is that
the surplus receipts from deposits in
the Postal Savings Bank and from
current account could not be used, as
has been the custom under the Provis-
iOnaI Government and under the for
mer Government. My experience has
been that we cannot rely upon the loan
alone to carry out the public works.
The fund may run low while the work
is being carried on, and it is absolutely
necessary to get money temporarily
from both the current receipts and
Postal Savings Bank to carry on the
work. OF course this is repaid as soon
rs funds come in under the loan.
I'VE have now in the Treasury a
surplus of moneys borrowed under the
previous loan Act for various items,
md from other sources, something like
$4,000, which could not be touched
Inder Act No. 46, and which would be
led up for two years, until the next
legislature. 1t is absolutely necessary
hat the surplus receipts from both
hese sources-the current receipts and
Postal Savings Bank-should be at the
disposal of the Treasury. It is impos-
3ible to seggTegate them; they are
part of the whole. They are dependent
IN each other Sometimes the Treas
Try calls upon the Postal Savings Bank
and sometimes it is called upon by the
Postal Savings Bank.
There is a way out Of the difficulty.
feel reluctant to press this point, be-
lause these bills were apparently re-
sarded as obnoxious by the Senate.
refer to Bills No. 20 and No 81 I
fOn't urge you to pass them as they
are, bat to draw from them what is
to cover these points. The
reason the bills are separated is main
" that Bill No 20 is the main Act un-
Ter which the loan is negotiated, which
s printed on the bond. and which is
not changed, stating the term and rate
)f interest. Bill No. q is for the spe-
;ial appropriation stating the terms at
which the loan is to be made, limiting
the power of the Executive as to the