The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-06
EXTRA SESSION ARGUMENT.

EXTRA SESSION ARGUMENT.
Whatever may be said of the men who
are actively urging upon the Executive
the needs of an extra session, that
they are not persistent cannot be charg-
ed. Arguments in plenty are adduced
to prove that the condition of affairs
is such that the only way in which TO
escape a calamity is to recall the leg
islators. But so far these have not re-
suited in a change of heart on the part
of the Acting Governor. While there
might arise an eXigency which would
necessitate the reassembling of the
lawmakers, in his opinion there is now
nothing to warrant it, in which opinion
1T would seem the majority of the citi-
zens who have watched the course of
legislation for months past join with
him
The most overworked argument one
which is found alike in the mouths of
Home Rulers and Republicans, who ia
vor another term of agony is that the
Legislature may be called for specific
purpose, the passage of a loan act, and
that when that work has been done the
members would be compelled to go
home without trying their prentice
hand at general lawmaking. 1t is hard
to see how this could be done in view
of the wording of the Organic Act
Quoting from the second paragraph of
section Al it is found that:
THE Governor may convene the Leg
islature, or the Senate alone in spe-
cial session"
There is no condition attached to such
power, not limitation upon the legis-
lative branch, coordinate one with
the executive. Upon the point of the
power of the Legislative branch. section
So is specific and broad:
That the legislative power of the Ter
ritory shall extend to all rightful sub
jects of legislation not inconsistent with
the constitution and laws of the United
States locally applicable.
AT no point in the entire paragraph
is there a sentence which limits this
power, except as to certain objects.
and that the Governor could by a word
in his proclamation converting the body
place restrictions upon that branch Of
the Government. is pressing the limit
of authority to the utmost There is of
course a specific provision as to extra
sessions, for theApurpose of passing APP
preparation bills. but where there is no
express provision for the exercise of
such power, it is safe to argue that
none was intended to be conveyed.
The strict construction which is plac-
ed upon such matters In the highest
branches of the Government of the ma
ton perhaps will lead to conclusion
which is not far from wrong. During
the spring of 1897 President Mckinley
found that he needed the presence of
the Fifty-fifth Congress for the pur-
pose of passing revenue legislation. The
messagesto the Congress, which assem-
bled March 18th, eleven days after the
President had been indicted into Of
fee, should be >of use in deciding the
question as to the jealousy with which
each branch of the Government avoids
encroachment. upon the pferogatives OF
the other,,. The message begins thus,
'Regretting the necessity which has
required me to call you together, I
feel that your. assembling in extraordi :
nary session is Indispensable because
of the condition IN which we find the
revenues Of the Government ~
The message then goes on to. discuss
the expenditures and the income, pay
ing attention at the same time to the
conclusion says:
The necessity for the passage of a
tariff law which shall provide ample
revenue, need not be further urged
The imperative demand of the hour is
the prompt enactment of such a meas
ure. and to this object I earnestly rec
ommend that Congress shall make
every endeayor. Before other business
Is transacted, let us first provide suffi
cient revenue to faithfully administer
to the Government without the contrac-
ton of further debt, or the further dis
turbance of our finances"
In no line can be found the sugges-
ton that the President had the power
olimit the work of Congress to that
legislation alone. In fact the Congress
did not do much more. for the Speaker
would not appoint committees to get
down to work, fearing general legisla-
ton. But In the Senate. which is con-
tinuing body, bills were passed and
some of these were taken up in tn,
House. Thus from the. highest source
Is given evidence that there Is no pow
or In the executive to limit the RICH.
OF the Legislature to transact ordinary
business, except where that power is
specifically given.