Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-14
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Not Coordinate.

Not Coordinate.
The conclusion announced in the
majority opinion can only be arrived
az from the view point that the, Legis.
lature Is not coordinate branch of
the Territorial Government but is sub.
ordinate and subject to the domination
of the Executive or the judiciary.
The Organic Act divides the Terri.
torial Government into three branches
namely. the Legislature, "the Exec
ltive" and judiciary. Each of these
is supposed to be equal and co.ordi.
nate. No one Is placed above the 9th
er. The duties OF each are prescribed
IN the Organic Law, and each is res
punsible for failure or dereliction OF
duty not to one of the others but to the
authority calling II into being namely
7be Executive and the judiciary to the
President Of the United States, and
the Legislature to the people of the
Territory who elected them. Neither
the Executive nor the judiciary has
any more right or authority to do the
WI VI wv A-' t-AoltlAhl' II
from any cause to do II than the Leg.
tslature has to perform the duties of
the Executive or the judiciary under
ghe circumstances. The Organic Law
does not vest in any one of the co-or.
ainate branches of the Government
any supervisory power over the other
Legislative Function.
The power of the Legislature ex.
tends to all rightful subjects of leg.
islation". The appropriation Of money
for payment Of the necessary current
expenses of carrying on the Govern.
ment and meeting its legal obligations
as the same are provided by the then
existing laws, is rightful subject of
legislation. This power includes not
only the authority TO appropriate mon
ey to pay all current running expenses
OF the Government, but also the right
20 determine what shall constitute
snch necessary expenses. 1t follows
that whatever authority determines
ghe amount and character of the nee
essary current expenses" of the Gov
eminent performs legislative func'
tion.
The foregoing Is important in this
connection as throwing light on the
proper construction to be given Sec.
zion 81 and also as showing what Con.
sress did not intend by that section.
And taken in connection with Section
i3, authorizing the Governor to con.
Vene the Legislature in special session
at any time, without limitation, sue.
cessfully refutes the imputation that
there was a belief or feeling in Con
gress that the Legislature OF this Ter
ritory could not be. fully entrusted
with legislative power and that the OBJ
iert of Section "a was ito preserve the
Government and that too without un'
duly prolonged or numerous sessions
of the Legislature.
Congressional Intent.
The facts to my mind lead clearly to
the contrary conclusion. Congress
gave to the Legislature by the Organic
Law power over "all rightful subjects
of legislation, within the limits Of
that law and the Constitution of the
United States, and provided for regu'
Ear biennial sessions Of the Legisla'
ture, for extra sessions, and for spe'
cial sessions, at any time the Governor
might convene them. II Congress did
not intend to provide for numerous SEES
sions OF the Territorial Legislature In
this Territory the provisions for extra
sessions" and for special sessions
are useless and meaningless.
To hold that Congress intended by
Section 81 to authorize the Treasurer
on the advice of the Governor to make
payment Of the current running ex
penses of the Government out of the
last appropriation bills, whatever
they may be, under the circumstances
of this case, Is not only to do violence
to the language Of the section Itself
but is also to ignore an intention clear
iy expressed in every other part of the
Organic Act, namely, that the Legisla'
ture should be an integral and co-ordi.
nate part Of the Government Of this
Territory. Such construction rem
ders the Legislature useless luxury
and not a necessary constituent part
of the Government. II such had been
the intention of Congress, no provision
for a Legislature would have been
made in the Organic Act. A code OF
laws would have been adopted for us
and the Treasurer and Governor would
have been authorized to make the
needful appropriations. This is clear
ly what wisdom with such purpose In
view would have directed to be done
and believe that Congress, having the
best interest of the people OF the Ter