The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-01
THE EXECUTIVE AND The SENATE


The sitting of the Senate IN speci"
session Immediately following lhe VIZ
tory Of a political party at the polls
which had previously held only fniiiol
itv representation in the local iegisia
tpre. has enlisted a special interest -
the principles under which official ap-
roin+mants are made in the American
system. and the comparative influence
of the executive and the Senate in the
matter
Those who would sponge the STATE
and make a complete new departure
undoubtedly regard such a plan TO DC
in the line of good as we'll as Wig
orous party policy. They may or may
not have answered to themselves the
larger questions whether such action
is sound from the standpoint of the
interests of the whole public
sncb exposition brings up the
Question Of who >sas the initiative. the
executive or the senate% IS the autnor-
.-;,sy. Of the executive in making ap peails1s
ments ..by and with the advice ana
consent of the Senate so limited that
he must follow such advice in making
his nominations? There are those VINO
hold that the word advice in the
law may mean this.
1t may not be. directly argued by the
radical constructionist that the power
Of the Senate in the matter of appoint
,,er,ts ss paramount to that of the ex-
ecutive, yet, would not the right Oh
3 initiation give such paramount author
ityg And if the Senate has the inltla-
tive, of what use is the right OF veto
as expressed in the word consent
II can hardly be seriously argued that
their powers are equal. as 1T mas oeeh
aseertained by experience that the
scheme of investing two officers or OH
eiaI bodies with the same executive
mowers to be exercised at the same time
has ever been a failure. If they are
supposed to forrn one body for the time
being, there appears no provision Oh
law for the relief of the inevitable oc-
casional deadlocks that would occur,
as presumably they would each saaVe
one vote and but one.
Inasmuch as the responsibility Tor
the execution of the laws and the main
tenance of order is placed upon the
executive, it is not unreasonable to sup
pose that Congress intended that ne
should have full freedom in the selec-
ton of his subordinates on whom he
must depend for the due execution OF
the laws, subject only to the Senate
veto and the provision as to its advice
Even if this means that the Senate
shall be consulted, there are no words
requiring the executive to follow its
advice in making nominations and
thereby destroying his initiative.
This conclusion is borne out by the
words of the organic act which place
the appointing power in the hands of
the executive, limited only as aforesaid,
and not in the Senate, and still more
s pointedly in the provision requiring the
executive to nominate certain officials;
which provision is without any limiting
words. 1t is as follows: 1.-THE Governor
shall nominate and, by and with the
advice and consent of the Senate of the
Territory of Hawaii, appoint etc.
Undeniably there is an element of
safety in rule or custom that requires
a responsible official to seek advice, such
practice tending to check rashness and
promote wise and conservative action.
While, however, it is desirable from
the standpoint of good administration,
that the-executive shall be in touch
with his party, any attempt to weaken
his initiative or cause transfer of his
responsibility, wholly or partially, TO
others, who are without any legal re-
sponsibility, can only tend to govern
n.ent by q Boss.