The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-04-14
APPROPRIATIONS
CASE DECIDED
COURT SAYS 1901 BILL
NOT SIX MONTHS BILL, Is THE
ONE IN EFFECT.

The Supreme Court decided the test
case yesterday, being the appeal from
the Auditor in the matter of a claim of
the Hawaiian Star Newspaper Asso-
ciation Ltd. The justices all agree that
an error was committed in going back
to the six months appropriation bill
for appropriations, as was dine after
January 1, but the majority and minor
ity opinions take widely different views
as to what should have been done.
Chief Justice Frear and Associate Per-
ry hold that it was right to recur to .he
last appropriation bills" under the
Organic Act provision, but tina. the
bills of the 1901 session were the ones
to recur to, while Galbraith holds that
the Organic Act provision was not APP
plicable at all and that the proper re-
course was the legislative power. The
syllabus states the majority view, as
follows:
The Legislature failed at it's regular
session in 1903 to provide for the nee
essary expenses Of the government for
the succeeding biennial period. In its
extra session Immediately after, it
passed complete appropriation bills for
the first six months Of the blennla!
period, and bills providing for a por-
ton Of the necessary expenses Of Ie
last eighteen months, but failed to pro-
vide for perhaps a half of the neces-
sary expenses for those eighteen
months on the supposition that those
expenses would be borne by counties
under an act which turned out to be
void. Held.
That the expenses SO unprovided for
could be paid out of the last appropria-
ton bills by the Treasurer with the ad-
vice of the Governor under section "a of
the Organic Act, and
That the last appropriation bilIs,i
within the meaning of that section,
were those Of 1901 and not the six
months bills of 1909
Justice Galbraith argues at length
against the view of the majority, hold
ing that the Governor and Treasurer
would be assuming legislative func-
lions in declaring the old bills re-enact-
ed by the Organic Act section. His
opinion concludes as follows
Another fatal objection to the con-
struction given this section is that I'M
der it a governor. who might be so dis
posed, could by failure to sign or re-
turn the appropriation bills sent him
within ten days of the adjournment of
the session, and most appropriation
bills go to the governor within this
time, defeat their becoming law and
fall back on the last appropriation
bills on the claim that the Legislature
had failed to act In other words it
would give the governor the power to
choose between the appropriations bills
of the extra session or those of a form
er session-'the last appropriation
bills I have too high a regard for the
wisdom of the United States Congress
to believe that it would be possessed of
an intention to give the Governor and
Treasurer of a Territory of the United
States, such arbitrary power over the
public revenues.
THE account of the petitioner is no
doubt a just claim against the Terri
tory and one that ought to be paid, but
it cannot be paid until the Legislature
makes an appropriation for that pur-
pose and until such time the Auditor
may rightfully refuse to issue a war
rant for it. The appeal should be dis
missed"