Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-10
IATtRM|NABIt SESSION
ORGANIC ACT PLACES
LlxlIA1lDN ON LEGISLATURE
DEPUTY ATTORNEY GENERATE
OPINION ON PRESENT EXTRA
sessioN-ooVERNoR's
DISCRETION.

ncy teneral department was l'aN
and placed on file:
Honolulu, July 10. 1908.
Honorable G.. T.. Crabbe.
President Of the Senate.
Honorable J. u. Paris.
honorable l.. l.. McCandless.
Senators. Territory OF Hawaii.
Gentlemen
In re Failure of the Legislature to-
Pass Appropriation Bills Provid.
ing for the Payment Of Necessary
Expenses OF Carrying on the Gov
eminent at This Session, Constru.
ing Section - OF the Organic Act.
The question propounded to MS We
understand to be as follows: whether
or not the Governor MUST call anoth.
er extra or special session Of the Legis.
/ lature, in order that the Legislature
may pass appropriation bills in case
/ this session fails to pass either appro.
/ priation bills.
This section 81 provides that until
the Legislature shall have acted the
Treasurer may. with the advice Of the
Governor, make such payments for
which purpose the sums appropriated
IN the last appropriation bills shall he
deemed to have been re.appropriatcd,'
etc
This Department has had very
short time in which to investigate this
question. but We give our opinion after
as careful an investigation as We can
give in the limited time allowed.
This section provides that the Gov.
ernor shall call the Legislature in eX.
ira session for consideration OF appro.
! priatiOn bills. This has been done. The
section also provides that until the
Legislature shall have acted, tho
Treasurer may, with the advice OF the
Governor make payments based upon
the last appropriations. The clause
until the Legislature shall have act
ed" refers to the time during which
this extraordinary use of past appro'
priation bills may he made. The Leg
islature has been called according 10
law, and has failed to act. In such
an event IL seems to be the logical con
sequence that this clause comes in "a
assist the Government In regulating
its expenditures when the Legislature
has failed to act. This clause Is in
> tended to provide for the very contin
: gcncy now facing the Government. II
case the Legislature called In eXtrt
session does not act. this clause I'll,
, In the gap caused by the failure to act
ihe section requires, and Is manda
' tory. upon the Governor to call tn
Legislature In extra session. II doe
not. however. require the Governor {,
. continue calling the Legislature in eS
' ira session for the consideration of az
preparation bills. but refers to callin
= II In extra session. as has been done
% Under Section 40. 1.-THE Governor ma
J. convene the Legislature in specia
;. session, but this is in his discretion.
The mandatory clause, Section 81
THE Governor shall call" etc, Is I
70 be strictly construed, like all mandS
- tory legislation, and must be taken I
u mean what II says, and no more.
- In order to test this question, let u
" assume that the Governor shall ca
70 the Legislature in extra sessions unit
" the Legislature shall have acted upo
appropriation bills. No such requir,
70 nent, however, is found in the section
~ This would enable the Legislature
"a compel the Governor to keep II Gale
> In extra session during the whol
term OF the two years in which the
:" hold Office, by course OF parliamel
:" tary delay. II seems to us that th
- reduces the rule to an absurdity, an
shows that II Is beyond the intention {
This section. II is within the power {
the Governor to call the Legislature
special sessions. but this is within hi
re- discretion, and the Legislature cannC
Il regulate that discretion, exercised al
Of der the Organic Act.
T. In conclusion, the only mandatory r.
f. quirement is that the Governor call III
lg Legislature In extra session. which b
nj has done, It does not require him
Dr. call an extra session until the Legisl
ture shah have acted, but the sectiO
Of provides that until the Legislatul
OF shall have acted, the Treasurer ma
ly use past appropriations. To hold thi
he the Governor must continue calling g
ns ira sessions for the consideration OF a
II preparation bills. the reading OF q
n, section must be changed material!
e. The section should not be construed {
ed II Il read: 1.-THE Governor" shall ca
m It in extra sessions until the Legisl
he tuTe shall have acted" for this Is
* do violence to the express words
the section. The section must
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