The Hawaiian gazette., 1901-05-14
IMPORTANT
OPINION
Powers of Special
Session Are
Defined.
LIMITED TO
ONE SUBJECT
Attorney General Says Special
Session May Consider Only
Appropriations.

Attorney General Dole ON Saturday
submitted an opinion IN reply 90 The
resolution OF Senator Achi iuquiring b.
any measure other than the ap-
preparation bill might be taken up 10y
the special session OF the Legislature.
The opinion was prepared by Assist
ant Attorney General Dunno, and The
question was considered at great
length. numerous citations being given
in illustration. The exhaustive consid-
Grafton brings about the conclusion
that the Legislative power of the spe-
cial session is confined to the subject
of appropriations.
A letter by Attorney Dole,
endorsing the opinion of Mr.. Dunne'
was submitted also. The opinion Is, IN
part, as follows:
I'm a Territory OF this character
child and the creature OF CohgresS-''e
orpanio Act, as the formal expression OF
the intention Of Congress, constitutes the
fundamental law OF the land NO ques-
tion is involved here of the operation oil
the Constitution of the United States OF
NJ any law of the United States; so iar
as relevant to this discussion, the ohIy
relations requiring examination are 'hose
between the Legislature ana the orsahiC
Act: and as against the Legislature, as
against all other Departments OF the
Territorial Government. this Organic ACT
must be regarded as the supreme anu
paramount law.
.'This supreme and paramount Organic
Act has, however, created in this Terri
tory a government of distributed and
balanced powers 1t creates three inde-
nendent departments OF government; II
inhibits the commingling OF their pow
ers; It negatives the comforting by the
Legislature of the functions OF one de-
partment upon another; and all TINS IL
does although no provision TO TINS spe-
cific effect may be perceived IN the ACT
.The Organic Act requires that in case
of failure of the Legislature to pass -ap-
propriation bills and upon the happen
ing of that specific contingency, and no
other. the Governor shall, upon the ad-
journment OF the Legislature, call IL IN
extra session for the consideration OF ap
propriation bills and we are not at no
erty to presume that the trainers OF the
Constitution, or the people VINO aooplen
II. did not understand the force OF IAN
puage' This INSTRUMENTATION of spe-
cifically identified subject matter cannot
ba regarded as any authorization for the
enactment of laws for any allen pur-
nose; the law is the definition and hni-
tation of power the Legislature mas
constitutional power at such extra ses-
sion,' to proceed TO the consideration OF
appropriation bills and when they shall
have considered such bills, in the effect
i've sense intended by the Organic ACT
their power, under the section now be
,~I1I haau exhausted. Leg
islation for foreign or alien purposes
legislation regulating highways, for eN-
ample-cannot, except by some process
of verbal torture, be described as leGis-
lation concerning Appropriation bllls' IN
other words, by devoting itself to the
consideration of highways Ito pursue the
illistra tion) instead OF TO the considera-
ton OF appropriation bills, the Legisla-
ture would manifestly be attempting TO
extend its jurisdiction 10 a class of leg
islatlon essentially alien from, and for
eign to, the specific class mentioned in
this section of the Organic Act. II the
Legislature has the power In the teeth
of this mandate Of the Organic Act 10
extend its extra session jurisdiction 10
highways II may also extend that turis-
diction 10 health regulations, TO police
regulations, 10 educational regulations
or TO any other class of legislation which
may fdll Nllulu the sNblt VI AAS AN--N4-
mate constitutional authority as exercis-
ed at regular or a special session.
inhibition is no stronger in the one case
than in the other; the usurpaton Of
power would be fully as reprehensible In
the one case as in the other; and 70
blink the plain terms OF this provision
would be tantamount 10 the destruction
of the identity Of the extra session qua
extra session. and 70 the repeal OF sec
tlon 81, by assimilating the extra 10
the regular OF special session Thus
would an extra session. called upon the
happening OF a specific contingency, for
a constituuonally limited purpose, be-
come as wide open as either the 'reBu-
lar or special session. thus would all
sense OF Identity as among these three
classes OF sessions, be destroyed; thus
would the barriers erected by the franz
ers OF this instrument be over-leapedi
thus would the harmony OF the Organic
act be displaced by discoTdi and thus
would the plain intent OF the trainers OF
our fundamental law be frustrated. But
the Legislature. under the plain terms
of this express and positive Limitation,
has no such power. We have here the
most nnequiyoeal proof-syidsuce which
no man can fail 10 see. wink as hard
as he will-that the trainers OF the Con
sututlon meant precisely what they
fRldf ihe lNENhtlIe can no Hofc tA=
tend its Jurisdiction 10 the consideration
~ clauses Of legislation not Included IN
tho constitutional provision, than u can
eQnhelenlipuHy refuse % enter upon
'ihe consideration ~ appropriation hiliat
in the effective sense % ihs Act and the
Application ~ the principles herslnahoYe
fofmulatsa hsars slM Dll force upon
this section ana marks Il AZ express and
positive limllenen upon legislative pow
a. sss
'-fhe Organic 40 provides fhai ifsis-
laiife fahuFe ~ pass appropriation bills
shall ereais An ohllSeilQr. nof up1n ths
bsea = Rny aepafiipsal 70 fpppiy sueh
appropriations, bus upQp ths GofffnQT a.
fan o. NeaialstaIs ~ sstFs sfaaign ~