The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-04-13
NOTHING FOR INCURABLES.
COUNCIL s1DETRACKs POPULAR
MEASURE.
on Report of Attorney General, the
Item is passed over to the Legisla-
ture-The Vote on It.

Yesterday afternoon the Council of
| State voted down the item appropriate
ing $4,000 for the Hospital for Incura-
! bles. The reason for this change of
front was a report of Attorney General
| Cooper that the hospital might not be
considered sufficiently urgent to come
within the authority given by McKin-
ly's telegram.
Mr.. Jones moved to strike out the
item, inasmuch as the Attorney Gener-
al had so recommended.
Mr.. Cooper arose to say that he did
not recommend striking the item out
but merely gave an opinion in regard to
it's regularity before the Council
Mr.. Achi seconded the motion of Mr.
Jones because he felt that the item was
one for the Legislature only.
Minister Young said he was deeply
interested in the hospital, but felt that
under the circumstances the item had
better go out.
Mr.. Allen of the committee, was glad
to see that there was no objection in
the Council to the hospital.
The motion to strike out was then
put and carried by a vote of to 4, as
follows: Aye-Ka-ne, Gonsalves, Ken
nedy and Jones, 5. No-Isenberg, Allen,
KaulukOu and Robinson, T. Not voting
Mott.
Following is the report of Attorney
Mr.. President.
In regard to line 36a, act 4. Endow-
ment of Hospital for Incurables, $685.
000 which was referred to me by the
Council of State. I have to say that /
find nothing in the constitution or laws
of the Republic of Hawaii which would
prevent the Legislature from passing an
appropriation for this purpose. believe
the item is Objectionable on account of
its Indebtedness. 1t should state more
specifically what hospital is meant. I
think ALSO in view of the fact that the
Constitutional Convention inserted an
article in the constitution prohibiting
the appropriation of public moneys for
the support or benefit of any sectarian
UNCONVENTIONAL or private school, that
a similar restriction might well be in
corporated in this appropriation.
AS this appropriation has been pre-
scented to the Council of State for pas
sage, | desire to call the attention of
the Council of State to the clause au-
thorizing appropriation of moneys by
the Council. and more particularly the
Limitation of power as to the nature of
appropriations to be passed by the
Council. I believe this question should
be decided by the Council, as to wheth-
er or not this appropriation comes
within the limitations specified by Sec
ton 6 of article 81 of the constitution.
L ueSlIe also TO call the dIIenIlOn OF
the Council of State to the wording of
President McKinley's telegram dated
March 6, 1900, sent through Secretary
of State Hay, which reads as follows:
THE President has not considered it
wise to convene the old legislature, ex-
pecting the Council of State to provide
for requisite expenditures until Con-
gress elects (enacts?) the Hawaiian
Territorial bill he approves act No.
of the Council of State"
Is this an appropriation contemplated
by the authority conferred by President
Mckinley in this dispatch? 1t appears
to me that it is open to serious ques-
ton. I feel, how over, that IT is not f..
me to make a definite ruling on either
of the last two points mentioned, merely
calling the attention Of the Council
of State to what seems TO me to he
the questions in doubt respecting the
passage of this appropriation by the
Council of State at this time.
Very respectfully yours.
HENRY r. COOPER,
Attorney General.
Stray items in the various bills were
then taken up and passed. The bills
then went to the various committees
for analysis, footings and report.
At a o'clock the Council adjourned to
Monday afternoon.