The Hawaiian gazette., 1901-05-14

the pay rolls and appropriations.
full report IL to be presented today bui
more time viii probably hc asked for
as several of the pay rolls Will not be
ready for inspection until this morning
That the Independents have resolved
60 stick together and fix the appro'
U-Gation bill to suit themselves, was
evident, and at their Saturdays SEES
eIon cast a solid vote for anything pro-
posed by members OF their party
Almost the entire morning session
was given over to "A wrangle as to
~bether or not the chair should APP
point standing committees, and the dis
cussion at times became quite warm.
"oly" Bill, as usual, came to the front,
and gave a fine exhibition of rhctori-
cal calisthenics. For time it looked
as II he had serious intentions Oh
breaking up the furniture. but hnallS
no ouit. on the account of the lack Of
breath. "oily" Bill would make fine
"spieler' for some show If he wasn't
so badly handicapped in his use of the
English language.
M the opening OF the session com
,oev-General Dole, with an opinion
from Mr.. ]. ]. Dunno, his assistant, on
Senator Achis resolution whether or
not a loan bill or any other act might
ne acted on at this session. The FOL
lowing Is the Attorney Generals COM
munication:
Honolulu II. l., May 10, lOl.'
Hon S. II. Kaiue. President Oh Vhe "e"
ate, Territory of Hawaii
near Sir: have the honor to acknoWl-
,,dca RECENT of the resolution of your
honorable body. dated May 3, 1901 inquir-
ing whether the Legislature in this ex-
ira session can pass Loan plll OF otIe'
bills with or without appropriations ac-
cording TO the provisions of the organic
Act, or not"
On account Of the apparent certainty
sbat the question would arise, request
Cd INV assistant, Mr.. j. ]. Dunno, 10 IN
.yestigate the law bearing upon the pow
ars of the Legislature called In extra
session for appropriations. hereWIth
send you a copy of Mr.. DUNES OPINION
II is very able and thorough. l thihN MS
conclusions are correct.
The definition of appropriation. given IN
webster's dictionary and following In
pom VS.. Dunn, so Cal. 227 and other cases
IS as follows: IAN appropriation Is the
act of setting apart or assigning 10
particular use or purpose in exclusion OIL
all others application to spe;cial use or
purpose, as of money TO carry out some
oublic object" Appropriation ms appli-
cah,o TO the general fund in the treasury
&c defined to be authority from the Leg
islature given at the proper time ana
in legal form to the proper othcers 10 up
ply sums of money, out or that "hlch
may be in the treasury, In a given year
10 special objects or demands against the
State" Ristine VS.. State. 20 Ind $685.
Etratton VS.. Green, 40 Cal 49, SNa'e w.
Lindsay. 3 Wash. l2O.
The essence of the Appropriation biz Is
The provision for spending public mon
.ys The essence of a loan bill Is the
authority to borrow money. Although
authority TO spend may be or little erect
without authority to borrow. 1t seems TO
me that these powers are so distinct that
ghe latter is not included In the former.
l have the honor to be. sir. with great
respect, Il. +. DOLE
Attorney General
Mr.. Dunne's opinion covered thirty-six
pages of typewriter matter. citing au-
thorlties in the matter. concluding with
sne following, which Is the final decision:
1T am distinctly Of the opinion that sec
cion 81 restraints and limits legislative
power at an extra session to the cons'd-
Grafton OF appropriation bills.
~. ]. DUNNE."
Section a OF the Organic Act referred
70 states: THAT in case OF failure or
the Legislature to pass appropriation bills
providing Cor payments OF the necessary
current expenses of carrying on the Gov
eminent and meeting its legal obligations
~ the same are provided for by the then
existing laws, the Governor shall. upon
the adjournment of the Legislature. call
IT in extra session for the consideration
~
islature shall have acted. ,-e Treasurer
may. with the advice OF the Governor,
make such payments. for which purpose
-he sums appropriated In the last appro-
yriation bills shall he deemed TO have
been re-appropriated."
Senator Kalauokalani moved to spread
the communication upon the minutes,
which carried. So far. everything seem
ed TO be lovely, but ere long the trouble
and the longer the discus
sion grew, the warmer 1t became. The
fup started with Kalauokalani moving
the Chair appoint standing committees
In order that the items in the Appropria-
sion bill might he referred to them,
Senator Carter opposed the motion. as
being a pure waste of time, The expe-
rience with the committees of the regular
session, ought TO serve as warning to
the members of their uselessness.
pointed on sections or items in the APP
preparation bill, over which disputes
might arise
Cecil Brown wanted to so ahead and
discuss the bill. The items over which
disputes would arise could be referred
II necessary, to special committees. 1t
was not necessary. he said, to delay ac-
tion on the bill on account Of having no
and that there would be
plenty OF time TO appoint such commit
tees next week.
Senator Russell said II would be a rep
etitlon OF the trouble had at the regular
session over the action OF the different
as there would be n lack
of confidence in such committees remind
ing the Senators OF the story of the
RULES Committee which, after spending
q great deal OF time on work befor"
them, were compelled 20 go over the
work again. He therefore did not want
any more such experiences, and suggest
cd standing committees be dispensed with
during this session. as they would be
49,. -