Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-14

An Interpretation tnat gives W tnis
statute such unusual authority is far
fetched and unwarranted. We might
expect to find such provision as sec
ton 81, in the Organic law Of a SEMI
civilized people but not in the law pre-
pared for people adjudged capable
Of self-government and particularly In
an Organic Act that goes to the ex-
IRENE Of liberality in granting to the
people control over their own local af-
fairs. This section is out of place In
such a law and does not seem to answer
any necessary purpose therein.
1t should not be construed to auth
orize the Treasurer and Governor to
make the appropriations for the reasons
above given and 1t should not be con-
strued to Inappropriate money for the
reason that II lacks one of the essen
tial features of such statute, namely,
certainty. The Governor and the Treas
rrer thought that one set of appropria-
ton bills were reappropriated and pro-
ceeded to make payments therefrom.
Now this court decides that they were
mistaken and that another and differ
ent set OF appropriations should have
been drawn against.
Poor, Old Territory.
The legislature adjourned in May.
1903. and the necessity" for these ap-
preparations arose In January 1, 1904,
still no one will be able to tell what
money was reappropriated by this self
acting. automatic section "a, until the
decision in this case is filed. II the use
oil these appropriations has been so
absolutely essential to the preserva-
ton of the Territorial Government. as
IL contended, the poor old territory
would have been done for long before
the decision in this case is filed for
that is as early as II could be known
with certainty which were the last
appropriation bills" AS matter Of
fact we know that the territory has
not gone into insolvency, that she Is
still performing her useful functions,
that life and property are as safe here
now as at any former time and that
her efficiency has not been perceptibly
impaired and none Of the employees
have voluntarily relinquished their Of
fees for the reason that the legislature
failed to act" In making proper ap-
preparations to pay the expense Of the
same.
1t is suggested that some calamity
threatens the territory II this section
should be held nugatory and that the
construction placed upon 1t is necessary
to the preservation Of the territorial
government. The fear and the claim
are equally imaginary and unfounded.
The Organic law Of this Territory has
now been in force for almost four years
and only one time during this period
has any attempt been made to obtain
relief from the power claimed for this
section and this attempt was an utter
failure or at least the imagined relief
was not essential for the Territorial
Government was preserved without
the relief that this section was sup
posed to afford.
Fatal Objection.
Another fatal objection to the con-
struction given this section Is that
under It a Governor, who might be so
disposed, could by failure to sign or
return 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