The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-06

Whatever may BE- said OF the men who
are actively urging upon the Executive
the needs ~ an extra session, that
they are not persistent cannot be charg-
ed Arguments In plenty are adduced
To- prove that the condition OF affairs
II such that the only way In which Ia
escape a calamity II to recall the leg
islators. But SO far these have not re-
suited Ia change OF heart on the part
Of the Acting Governor. While there
might arise an exigency which would
neccssitate the reassembling Of the
lawmakers. in his opinion there is now
nothing to warrant II. in which opinion
IL would seem the majority OF the citi-
zens who hav. watched the course. of
legislation for months past join with
him.
The most overW orked 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
10 see how this could be done in view
Of the wording of the Organic Act.
Quoting from the second paragraph of
section Al il 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-
,ative branch coordinate one with
the executive. Upon the point of the
power Of the Legislative branch, section
rs is specific and broad:
That the legislative power of the Ter
ritory shall extend to all rightful sub
iccts of legislation not inconsistent with
the constitution and laws of the United
states locally applicable.
At no point i'm the entire paragraph
is there a sentence which limits this
power, except as to certain objects.
and that the Governor could by 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 the purpose of passing ap-
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
tion perhaps will lead to a conclusion
which is not far from wrong. During
the spring of 1897 President Mckinley
found that he needed the presence of
the Fifty-flfth Congress for the pur-
pose of passing revenue legislation. The
message to the Congress, which assem-
BLEED March 18th. eleven days after the
President had been indicted into Of
flee. should be of use i'm deciding the
question as to the jealousy with which
each branch of the Government avoid !;
encroachment upon the prerosatives at
the other. The message begins thus:
"Regretting the necessity which has
required me to call you together. |
feel that your assembling in eXtraordi-
nary session is Indispensable because
OF the condition in which we find tn"
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
condition of the gold reserve, and in
conclusion says
The necessity for the passage of a
! tariff law which shall provide ampl"
revenue, need not be further urged
The imperative demand of the hour Is
I the prompt enactment Of such meas
ure. and to this object I earnestly ROC
/ pmmend that Congress shall maF"
every endcavor. Before other business
! is transacted. let US first provide suili
cient revenue to faithfully administer
I to the Government without the contra =
tion of further debt or the further dis
turbancc of our finances"
! II no line can he found the suggoS-
ton that the President had the power
to limit the work of Congress to that
LEGISLATION alone. In fact the Congress
! did not do much more, for the Speak"r
would not appoint committees to =
down to work, fearing general legisln-
ton. But in the Senate, which is a cor
tinuing body. bills were passed ana
some of these We're taken up in IL ,
House. Thus from the highest sourc'
Is given evidence that there is no pow
~ i'm the executive To limit the riga
! Nf the Legislature to transact ordinary
BUSINESS. exceNt where that power j.
specifically given.