The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-31
THE EXECUTIVE COUNCIL

THE " EXECUTIVE COUNCIL"
The Republican some days ago
called attention TO the fact that the
Organic Act Of Hawaii made no pro-
vision whatever for what is known I'M
dsg the present executive Of the Terri
tory Of Hawaii as the "Execu i've
Council In fact, it was pointed out
that that very subject was carefully
considered by the commission which
was appointed by the President 10
frame an Organic Act for this Territory
and the committee refused 10 recon-
mend any such provision, Mr.. Sanford
b. Dole Of the commission presenting a
minority report.
Despite the fact, however, that four
OF the five members Of the commission
were unanimous in the opinion that
such u body would be out OF keeping
with American precedent and AmcIl-
can customs and that Congress gave
absolutely no heed TO the proposition,
the Governor OF Hawaii has surround
ed himself with an executive coun
cil' in direct violation OF law and
holds tri-weekly sessions of that body,
minutes Of which are kept 10y his sec
retary and such portions as he sees
lit given out for publication.
The constitution OF the United
States and of every state in the union
provides for three coordinate branches
Of the government; the legislative, eH-
ecutiye and judicial. No one of these,
branches OF the government can in
fringe upon the rights or preroSauves
OF the other. In fact, each and eyesy
branch of the United States govern
ment has been very jealous Of its
rights and privileges since the found
ing OF the government Andrew
johnson attempted TO override the
legislative bransh when he was Pies
ideut. much TO his sorrow, for Congress
deprived him of much power, arbitrag-
ily. maybe. and Mr.. johnson only
lacked one vote of being impeachcd
and removed from his high office.
Yet here in Hawaii We see the execu-
tive. or otherwise the executive coun-
Gil" So-called. exercising the rights
and duties not only Of the executive,
but Of the legislative and judicial de-
partments OF the Territory as we'll.
Almost every report OF meeting of
the executive council contains men
ton OF proceedings that are purely
legislative in character. On Monday
last the following account OF the meet
Ing In regard To infamous crimes ar-
peared in the Advertiser. and therefore
cannot be accused OF being an Unfair
report:
The council instructed the Attor-
ney General TO have notification TO
ali the Island sheriffs that conviction
OF an infamous crime punishable by
mere than years imprisonment. was
tantamount TO losing ones civil rights
4 person so convicted and losing his
civil rights, il was decided that such
crimes should hereafter be subject TO
investigation by the grand jury.
This question was brought up by the
decision OF Judge Wilcox in disnissing
the complaint and discharging the de-
fendant in the libel suit instituted BY
w A Kinney against the editor Of
The Republican District magistrates
having only jurisdiction Of justices OF
the peace have been sentencing people
10 ali manner Of punishment on all
manner OF charges without regard TO
law or anything else.
But il was not in the province Of the
executive council to instruct the
Attorney General To notify sherirs
or district magistrates as 20 how
they should interpret the law. That is
a matter solely for the judiciary; a
matter for the proper courts OF the
Territory 10 decide. The Attorney
General. with the province of his
duties as Law adviser for the Governor.
might have rendered an opinion hold
ing that il was his opinion that man
sentenced for one year or more was
tantamount TO loss OF his civil rights
and therefore subject TO investigation
by grand jury, and sherirs and dis
friet magistrates might well have
been guided by such opinion until the