The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-05
Question Raised Concern
ing the Minister.
A Possible Contingency A Con-
tributor Quotes the ConStitu-
tlon-Necessary Qualification.

SlDlllIy Oh amy contingency arising by
which he would naturally succeed to
the Presidency of the Republic of Ha-
wall through the death, absence or
disability of President Dole, l quote
the following paragraph from the Civil
Laws of Hawaii:
Article % Qualification Of Pres
ident.
In order to be eligible to the office
of President, person shall be
not less than thirty-f years of age"
The above Article does not state 'by
election but merely eligible to the
office of President, etc. The new
Minister of Foreign Affairs is nominal
ly at the head Of the Cabinet of Ha-
wall The Constitution OF Hawaii pro-
vides that 'in case of the DEATH res
ignation, removal or permanent dis
of Foreign Affairs shall thereupon act
as President until successor to the
President is elected in the manner
herein designated" Further, the pro-
Of such Minister" then in turn are re-
spectively named the Minister Of In
terror, Minister of Finance, and lastly
the Attorney General.
When Mr.. Mott-Smith was appoint
ed, did the President take into consid-
Grafton the fact that he was appoint
ing a man who would not be qualified
to become or even act as President for
nearly a decade hence? That would
be a literal Interpretation of the above
Article. In all cases where official ap-
pofntments of high character are pro-
vided for it is generally acknowledged
and understood that such a contingent
cy as the resignation or demise of the
immediate superior in office of the new
appointee should be provided for, and
that by age and party utilization, the
appointee should be as well qualified
to assume the higher office as the orig
inal holder thereof. His fitness by
reason of mental calfber is of course
not attempted to be determined by law;
his experience in office must sooner or
later bring out his eligibility in that
particular.
Section of Article SO provides:
I'm case any Minister shall act as
President as herein provided, he shall,
while so acting, have all the rights and
powers and be subject to all the duties
and obligations by this Constitution
granted to or prescribed for the Pres
ident'
By this section it seems apparent
| that the letter Of the law indicates pre-
cisely that such Minister shall assume
every function and power ordinarily
exercised by the President. That being
the case, then the qualification that
the person assuming the Office of Pres
ident should have attained the age of
thirty-five years, should be rigidly ad-
hered to.
In my opinion, one of the most i'm
portant Articles of the Constitution,
with reference to this subject, is num-
! Der 81. portion OF which reads:
The members of the Cabinet shall
be ex-officio members of both Houses
of the Legislature with all the rights
powers and privileges Of elected mem
bers, except the right to vote" By this
provision he cannot vote upon the floor
of either House. but he can have word
to say thereon, and can act as adviser
and his high office entities his word to
be heard and considered. Yet the
qualification of person to become a
Senator is that s'he shall have attained
the age of thirty years" In this in
stance he falls short of the requisite
number of years. To be a Representa-
tive a person shall have attained the
lage of twenty-five years. In the lat
ter case the new Minister is a little
above the average. This seems to have
been a case of splitting the differ
ence,' and letting the matter rest.
Nevertheless, although he would be
disqualified by the provisions of the
Constitution from becoming q Senator
yet by virtue Of the high Office in the
Cabinet, he is an ex-officio member
thereof.
And although nine years would have
to elapse before the people could legal.
ly elect Mr.. Mott-Smith to the Presi
dency, yet his appointment as Minis
ter of Foreign Affairs and the possible
contingency Of demise on the part O
President Dole, opens the way for hin
to become the President of the Repub
lie of Hawaii, nine years ahead of time
Is this consistent with a clear in
depreciation of the Constitution? L
such an anpOintment carving as i