The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-20
Territory of Hawaii.
Office Or the Attorney-General.
LL-.....L.lLL II A,,,rnSt l3th l4l

Office or the Attorncy-General.
Honolulu, H. J., August 18th, 1901
Honorable VIM. II. Wright, Treasurer
of the Territory of Hawaii. Dear SIR
In conf, rmity with your request, l have
the honor to submit the following opin-
ion as to whether you would be justi-
fled in approving the vouchers for ex-
penditures made pursuant to House Con
current Resolution No. adopted on the
LIST day of May. 1901. and providing for.
and attempting to create, a commission
of five members of tho legislature for
the purpose of investigating the system
of taxation, and reporting upon plans
looking toward a reorganization of the
same at a subsequent session OF the legis-
latute.
The first two lines of Section u Of
the Organic Act declare: THAT each
session of the legislature shall continue
! not longer than sixty days. excluding
Sundays and holidays
The Legislature convened February 10th.
Counting the days on the calendar, 1t had
continued sixty days at midnight April
3Oth, exclusive of Sundays. Durin. this
time Washington's birthday. February
22nd interviewed. February 22nd is not "a
statutory holiday, either by the laws of
this Territory or by the laws of tho
United States, unless in the District of
Columbia--although by State or Terri
torial law 1t is II legal holiday in about
three fourths of the states and Terri
/ tories | doubt If the word holiday. as
used in the Organic Act. is limited eXclu-
sively to statutory holidays; but to be Il
holiday without statutory enactment, the
day must be- such by settled and general
! usage: day set apart for festivities, re-
| creation ceremonial. in which the or
binary occupations of the community are
| suspended generally and by common con-
sent. II a day can be a holiday within
contemplation of the law without stat
utory enactment, It must be such by
well established and general usage.
| 1t seems to me clear that Washington 3
birthday has never been observed in
| these islands as a public holiday to an
extent which would make 1t such In the
absence of statutory enactment.
! If this Is So on May LIST the term of
the legislature had already expired by
limitation of time, and the Joint resolu-
ton passed ION that day is nudity.
Sutherland On Statutory Construction, s.
&c; Tenants Case, 3 Neb. 400; State v,
Judge. % La Ann. 2a3; Macon. Etc, II.
r. Co. v. Little. AZ Ga. $40; Gormley v.
I Taylor. A Ga, Is; Rohrbacker v. Jackson.
/ 81 Miss. 1885,. People v. Hatch. 80 Ill. 9.
Isl; Davidson v. Norman. 2 Hesk. SIS;
Jones v. Theall, 3 New. 233: Speed v.
Crawford. 3 Met. (Ky) 207: Pack v. Bar
ton, A Mich. $780, Powell V. Jackson, 81
| Id. 129: Sayre v. Pollard. n Ala. 60s
Green v. Weller, 80 Miss. 704; Sutherland,
Sec. 20; Legg V. Mayor, etc. AZ Md. 2O3
Moog V. Randolph, n Ala 597: Jones ".
Hutchinson, AZ Id. 72l; Perry Co. v. r..
II. Co. rs Id. 546 Moody v. State, ~ Id.
us; s. C. II Am. Rep. %; Supervisors v.
Heenan, 2 MINI. $780,
If the foregoing premises are sound,
the question whether such a joint resolu-
ton would otherwise be valid Is imma-
terial.
,. Very respectfully yours,
II. L. DOLE,
Attnrpoy 20