The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-04
cuIING EXTRA SESSION
WILL NOT BE NECESSARY
,.u,v.GsnsraI Dole's Opinion is That a Re-
Prospective Law is Legal in the
Premises.

already become fixed charge. would be
retrospective.
section S % the Civil Laws OF 1897 de-
CltrCs that: mo law shall have any retro
spectlve operation"
As this IL only an act OF the Legisla-
ture. Il is repealable by the same body.
section N OF the Constitution OF the late
Republic declares that: Except as here
On provided no Retrospective law shall ev-
o. be enacted"
For the purposes OF the question sub
mitted to me. the words. except as here ,
IN provided" are immaterial. "a said Con-
stitution contains no exception authoriz-
irg retrospective tax law.
~ ought not 20 be n matter OF doubt
whether the Constitution OF the late Re
public has been repealed by Congress. but
the Organic Act was 50 carelessiy drawn
In this respect that what should be as
clear as sunlight is question OF con-
struction.
Sections and Of the Organic Act de-
clare: Section l. That the phrase the
laws o. Hawaii. as used In this Act with
out qualifying words. shall mean the Con-
wall. In force OF the nth day of August.
iSS. Al the time OF the transfer OF the
sovereignty OF the Hawaiian Islands TO
the United states OF America.
The Constitution and statute laws OF
the Republic Of Hawaii then In force. set
forth IN compilation made by Sidney
VI Ballou under the authority of the
legislature. and published In two vol
umes entitled 'Civn Laws and Penal
Laws respectively. and In the session
laws % the Legislature for the session
% iSes. are referred TO I'm this Act as Civ
u Laws Penal Laws aud Session
taws'
"sec. g. That the laws OF Hawaii not
Inconsistent with the Constitution or laws
% the United States. OF the provisions Of
this Act. shall continue I'm force. subject
20 repeal or amendment by the Legisla-
ture q Hawaii or the Congress OF the
The two references TO the Constitution
~ the Republic Of Hawaii In section / OF
the Organic Act seems strangely incon-
slsteut with an intention to repeal ~. and
section s. taken In connection with Sec
ton I. indicates an Intention to continue 70
In force.
Section : Of the Organic Act declares:
Section :. That the Constitution Of the
Republic Of Hawaii and the laws OF Ha-
wait. az set forth In the following acts.
chapters and sections OF the civil laws.
penal laws and session laws. and relating
70 the following subjects. are hereby re-
psaled."
Then follows a long enumeration OF the
civii laws. penal laws and session laws
expressly repealed. without reference to
any constitutional provisions.
m the words In section :. Constitution
Of the Republic OF Hawaii" are qualified
by the words. as set forth" etc, accord
ing 20 the punctuation used. the Consti-
tuition IL not repealed. II the comma In
the middle Of the second line were at the
end % the first line. the Constitution
would be repealed. assuming that the
paragraph N 20 be taken by itself. In
other words. n was so carelessly written
that n can be read TO have directly oppo-
site meanings. depending upon the trans
position OF a comma, without straining
the English language.
INTENTION OF CONGRESS.
AZ laws are not expressly repealed un-
less the intention 10 repeal them Is reas-
Onsbly clear. my first impression was that
Congress had left the Constitution OF the
late Republic intact. except In 50 far as
n would conflict with the Constitution OF
the United States or with the laws Of the
United States locally applicable.
N. however. this was the intention OF
Congress. ~ was unnecessary as wei as
misleading. to refer TO the Constitution OF
the late Republic In section OF the Or
ganic Act A. far as I can see, this
method Of arination settles nothing.
for the hair-splitting cuts both ways.
So important n question as whether the
Consultation OF the late Republic has been
repealed. or II stu In force. should not
hang upon riddles OF grammar and pune
Z falls. The pole star II the intention OF
Congress. In spite OF carelcssness In the
wording Of some OF It's provisions, the Or
gs1ic Act ~ n whole ~ broad and states
. uanilte. Subject 20 the Constitution OF
the Unit a states, II Is the fundamental
Law 81 the Territory. supplemented by
The Constitution OF the United states. II
covers In the main. the same ground az
that covered by the Constitution of the
Republic Of Hawaii. except In 20 far as
{ the latter was Inconsistent with Ameri-
r can ideas and methods. As / have COM
. Jared these two Instruments. the Organic
p Act and the Constitution OF the late Re
. public, with each other from beginning
% end. my FIRST impressions have chang
. cd and I have gradually come 20 some
. thug approaching n conviction that Con-
gtess Intended the one as n substitute FOR
the other. not as mere supplement
thereto.
Retrospective legislation II not prohibit
. ~ by the Constitution OF the United
, States. AT an early day u was settled
b ~ authoritative decision, In opposition
! to what might seem the more natura
r and obvious meaning OF the term ex pos
o facto. that In their scope and purpos'
q these provisions CprohIbiting ex post fac
= to lawe) were confined to laws respectin'
= criminal punishments, and had no reia
: ton whatever 20 retrospective legisiatlo'
Z % any other description; and IL has
q therefore. been repeatedly held that retro
. spective laws. when not of a crimina
q rGture. 10 not come IN conflict with IN
= Natioual Constitution unless obnoxious =
y its provisions on other grounds than thei
q retrospective character" - Cooley OF
y Constitutional limitations. page 80.
: There arc numerous cases which hol
: That retrospective laws are not obnoxiou
" ~ constitutional objection, while In ON
: ers they have been held 20 be VOID. In
- different decisions have been based upo
d.Versities IN facts which make dineren
principles applicable. There In no dcup
% the right Of the legislature 10 jas
a asatutes which reach back TO and chang