The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-11

rsu Of the original reso-
- presented herewith. and
3. IS adoption
..,,pv submitted.
Holm EMMELUTH,
JAMES k PAELE.
A. HAAHEo.
Judiciary Committee.
-.,,,lu. T. H. June 10, 1901
-.-raJuth. Chairman Judiciary
House Of Representa-
-.r-i,Ory of Hawaii.
Z +, discharge of the duties OF
p, by you as special. coun-
-,r-irss to answer the follow
= Henry E. Cooper. Secre-
/ -.-ritory of Hawaii. since
> been lawfully entitled to
/ aching Governor?
: .stitled to act as Acting
xs.t legal remedy can be IN
| angel him to cease exercising
4 tncii0ns?
,s.t on May II. 1901, Governor
DaIe left Honolulu and re-
mace within a few hours
.-1 where he remained about
!, vhen he returned to his
q took this respite from
- under the advice of his
not claimed that he was
| - any mental disorder. or
| .5-ents we're other than physi-
IS. h was permanently confin-
n that he is unable now
5.;ors al his home or appear
.-ssts. Since May IL, 1901,
s.7rv e. Cooper has been act
se.-ner. claiming the right to
+, II authority of section 10
q Congress Of April 80. 1900,
government for the Terri
-ra The section referred TO
hat in case of the death,
vzation or disability Of the
his absence from the Terri
s-s.zry shall exercise all the
pzrform all the duties of
a1g such vacancy, disabili-
- Or until another Governor
: and qualified"
= question IN this case OF
ssl, resignation or absence,
s scope Of the inquiry must
L directed to the proper defini-
cosuection OF the word dis
Q. Interpretation of statutes
salad in many authorities. a
h vii cite: Words when
BY statute should receive
IN kw definition" johnson
: Gresnleaf, 370. Where
Il IT, common law are con-
statute OF the constitution
: szpzzztion OF the sense in
~ s-s Employed. they should
1zl cg-gI1etion which has been
3 tazn b the common law"
~ = S,zis, Howard Miss
sssfT 1 salute uses a word
aszzias < Eell known, and has a
sszss a eemmon law, the word
szPafdsd according and re-
5 -szt s5nse" Buckner VS.. Real
zak ARK, $3.50. Words used
EaiA have well known and
zsz7lag il the law, are to be
aes1i1g in constituting the
al.s IS. Reynolds, Is Califor-
Wen words are used by
Z relation to matter or sub
Fasa used with reference 10
sza9aei al the common law
= : liked and definite mean
scngii0n is irresistible that
Aisaced 10 be used in their
q sense tExpartehixent. 26
Where any clause of q
3 rom ambiguity il is not
% cut Of that clause, and
ls act al large for pensions
= tsna 70 render ambiguous
Is Of the clause under inter-
Fed Rep. SD
q iaE definition of the word
Is been repeatedly given IN
DECISIONS, in which 1t has
a Physical illness unaccom-
aeatai weakness did not
ga disability. Bonviers Law
stability IS tersely defined as
- Of action under the law.
70 do q legal act" In
. dictionary il is defined as
legal capacity" In is
Fas held that the power
a measure may he exer-
eoFernor, though he Is az
~Ssht rom the State, and the
ssFsrnor is temporarily act
= IS Wilson. g West Va,
provided that in case OF
Impeachment, failure &c
saAtion or other disability OF
1he President of the Sen
81 Il vas held that 1.-THE
q the result Of the cleo
4 disability of the Govern
- said, 1T is not like in
,.e9A OF ths officer for crime
Aee or other disability
"a he person OF the Gov
supreme Court of New
e IS. Ulster County. q
says, Disability implies
not want of inclination.
upon want or authority
some circumstances OF
s-4 hcing the presence oil
V oegree Of willingness OF
eI Justice Sawyer, IN
assault, 3D. Sawyer, says,
eFlse out of want of suf-
ao'hg, as idiocy, Iunacy,
al Of freedom of viii, as
married women. and per.
IS Or ont OF the policy oil
sse, where the alien il
!. attainder. proemu-
= The disability is
g.inl7g TO the person of the
sl incapacity."
paon OF one case in the
hampshire. I have been
z1y instance where mere
eas been held to consti-
49, Il Seems TO be every
= hat disability imports
mental power. either
ss.lnanent, as prevents It's
Fehending the nature