The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-16
THE HOUSE STRIKES A SNAG

The organ of the House, edited by
one Of it's members, accused us of DE
lifting the House" Let us see if the
House has not "belittled itself" When
the giant in the fairy story reduces
himself down every day towards the
stature of dwarf does he not belittle
himself?
The House passed a resolution-in-
structing the Executive, which includes
the Attorney General, in it's duties in
the matter of the endorsement of war
rants of arrest issued by magistrates.
The statesmen of the House were quite
too clever to permit the resolution to
go to the Senate. So it is passed with
out the concurrence of the Senate, and
was fired off at the Executive.
If the House has no power to pass
such resolution, then it has simply
made an ass of itself, and tried a
bluff on the Executive.
Article SO of the Constitution reads:
t'The Legislature has the power to en-
act wholesome laws, not inconsistent
with this Constitution
The Legislature consists of the
House and the Senate That's plain
enough, and under the Constitution,
that is all it can do. A law must be
passed by both branches. That's plain
too.
And the Legislature under this arti-
Gle can only make wholesome" laws
and nothing more. Is that not plain
enough?
And if the House attempts to do any
thing besides passing Of wholesome
laws" with the concurrence Of the Sen
ate, it attempts to do something that is
unauthorized by the Constitution. Is
that not plain?
Then if the House attempts to cad
wise" the Executive, or suggest
something to the Executive, it does sc
without any authority, under the Con
stitution; because the Constitution
tells it that all it can do is to pass, with
the Senate, wholesome laws" Now
"good advice" and instructions" are
not wholesome laws.
Now if the House can instruct OF
advise the Executive about it's duty in
the matter of warrants, it can pass a
Int iYC fYs110 NJ on
other matters, and it can also instruct
or advise the Judiciary. and in this way
run things generally
In the meantime the poor old Senate
is side tracked, and is left to watch the
House run things.
The way to interpret the Constitu-
ton is to read it as it is written, and
not as one wishes that it was written.
That instrument simply says "the Leg
islature may pass wholesome laws. "
Now if the House wishes to instruct
the Government in it's duty, let it at
once propose an amendment to the
Constitution to this effect: "The Leg
islature has the power to enact whole
some laws, and the House may, with
out the, concurrence of the Senate in
struet and advise and Department Of
the Government"
The House, in passing resolution
not authorized by any provision Of thu
Constitution, virtually and in effec
says: Damn the Constitution
The truth is, we believe, that thu
cute Oahu members of the House, find
ing themselves shut in by the Constitu
ton. which requires joint action by thu
Senate, determined to ''dig out" just a
prisoners dig out tunnels under thu
prison walls, and get away from re
straint. So this resolution of the Hous
was "dig OUT under the constitution
al wall, in order to escape the restrain
of the Senate Suddenly the Executive
appears as policeman x and say
''where are you at?" and takes then
before the Senate that will wink it
weather eye at them, and whispe
'Fquite too smart, Ell? thought yol
would escape form the Constitution
But we shall have some curiosities O
legal literature before the session j
over if the House works out its OWL
ideas of law.