The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-04-14
TEST CASE DECIDED
AFTER The OCCASION
Appeal Right on Principle But Recourse
Should Have Been Taken to the APP
preparations OF 1901.

tee Frear and Justice Perry-say
.sThe wording Of the appropriation in
either thu six-monthz I'LL or thar Of
1904 answers the purposes cf the voueh-
er now in question. and # tbs were All
that Is required, the appeal Mould have
70 be sustained Bar as Tie appr0pria-
sien for 1901 can Be drawn upon only
! BY the Treasurer with the advice OF I
the Governor. and as neither Of those I
officers has been shown % have sane-
uoned sueh action. the appeal must be i
dismissed. but without prejudice
SUPPLEMENTAL OPINION
Justice Csa1rrazth renders q separate /
opinion N which the concurrence IS /
only for the disnissing OF the appeal /
he aIssents strongly from The general
bearing OF the majority opinion. as the !
following brief extracts from his de-
I7verance show
.sThe questions presented by this az
peal seem 70 be. AZ this tire more
acaden5c Than practical. since the
legislature is now IN special session.
shaxing been convened by the Governor
for the purpose OF enacting financial
LEGISLATION. and is indicating an earnest
desire TO provide by proper approprla-
tson for any and al existing GHefeien-
cIes however eccasioned.
IT might be content with this state
r1ent we're Il not for the fact that the
decision OF tElrt majority Of the court
gives 4 construction 10 Section = Of
the Organic Act that IS 50 vide Of rzy
Views Of me proper construction Of that
section shat not even The peculiar cox
disnns.s that are said to exist in THIS
Territory. VIII Justify me IN passing
. the question without giving. al least
some ef the reasons for my views
1.-THE conclusion announced IN the
majority opinion can only be arrived
at from the view point that the legls-
: latnre is not coordinate branch OF
the territorial Government but Is sub
ordinate and subject 10 the doEnira-
ton Of the Executive or the Judi
cIarys
.-The power Of the legislature extends
Ito an r1ghtful subjects Of legislation
The appropriation Of money for pay
: nent Of the necessary current expenses
2 Of carrying On the government ana
: meeting its legal obligations as the
: sans are provided by the then existing
law. is = rightfuI subject OF leg1sla-
: tfion. This power includes not only the
z authority 10 appropriate money To pay
: an current running expenses Of the
: government but also 1he right 70 de-
: teruine what shall constitute such
necessary expenses, L follows that
: whatever authority determines the
: amount and character OF the aeces-
! sarv current expenses Of the govern
: nent performs a legislative function
: The Governor and the Treas
! 41rzr thought that one set OF appro-
: priation bills were reappropriated and
proceeded TO make payments there
n from. Now this court decides thai
: they xer@ mistaken and that another
> and different set OF appropriations
Le should have been drawn against
! .erhe legislature adjourned IN May
/. 7ea3 and The necessity for these ap-
Z n-or,-latiorls arose IN January L 1904
n ztiu no one VIII be able 70 tel what
a money was reapproprlated by this sci
: acting, automatic Section "a. until tbs
= decision in this case is fled Il ths
e use Of 4bese appropriations has been s.
L absolutely essential 70 the preserya'
n ton of the Territorial Government. a.
= Is contended, the poor old territor!
d would have been done for long be1or'
z the decision Of this case If fled Tor ina
Il Is as early as II could be known Wit
I certainty which we're the last appro
pria1ion Bills
Z 1T is suggested that some caiar''it7
J. threatens the territory II this section
should be held nugatory and that N
- construction placed upon Il Is 1ecessar!
70 the preservation o. the Territorial
: Government. The fear and the CLAIM
ara equally imaginary and unfourllied
~ The Organic law Of this territory ha'
: now been IN force for almost four year
= and only one time during this Terlo'
= ms any attempt been made u obta1I
3 relief from the power claimed for IN
Y section. and This attempt vas Al ute
Y failure. OF az least the imagined re=ile
al was net essential FOR the Territorial
Government was preserved without T.
= relief that this section vas supposed q