The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-01-16
Opinion No. 20.


Honolulu, T. H, Jan. TO- 1904.
To His .Excellency Geo. r. Carter, Gov
ernor, Territory of Hawaii.
Sir: In regard to the question refer
red to me, as to what course the gov
eminent should pursue in regard to APP
rropriatiors for the ensuing eighteen
months. in view of the decision by the
Supreme Court, declaring void Act 81 of
the Session Laws of 1903, commonly
known as the County Act, and in view
of the fact that the abolishing of coun-
ties threw back upon the Territorial
Government the entire burden of gov
erning the whole Territory of Hawaii
as previous to the establishment of
counties, and, further, in view of the
fact that the appropriation bills for the
ensuing eighteen months, as passed by
the legislature in extra session, failed
to provide appropriations for carrying
Oh the Territorial Government, as it
was prior to the enactment of County
Law, and to provide for the necessary
current expenses and the meeting Of
the legal obligations of such a gov
.ernment, I would reply as follows:
The Congress of the United States,
Jas evidenced by the Organic Act, un-
doubtedly intended that the Executive,
in carrying on the Government of the
Territory, should not be hampered by
a recalcitrant or neglectful legislature,
or a legislature which might haYe
honestly intended to do what was right
lbut through ignorance or error so act
ed, in passing appropriations, that the
government would be forced to come
to a standstill for lack of appropria-
lions. Sec. 54 of our Organic Act pro-
ivides:
THAT in case of failure of the legis-
lature to pass appropriation bills pro-
viding for payments of the necessary
current expenses of carrying on the
government and meeting its legal OBJ
| Legations as the same are provided for
by the then existing laws, the Governor
shall upon the adjournment of the leg
islature, call 1t in extra session for the
consideration of appropriation bills, and
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 be
deemed to have been reappropriated.
And all legislative and other apro-
lpriations made prior to the date when
this act shall take effect shall be
available to the government Of the
Territory of Hawaii"
The legislature of 1903 failed to pass
in their regular session, any appro-
lpriation bills, and were, therefore, call
ed in extra session by Governor Dole
flor the urpose of passing such bills
In such extra session they passed
Iamong other, acts regulating the cur
trent expenditures and salaries for the
period from July 1, 1903, to December
49, 1903 and from January 1, 1904 t
June 30th, 1905, and the Supreme Court
in the case of In Re Robert Boyd 18Th
Haw. Rep, decided December H. 1903
held that, in doing so, the legislator,
acted within its powers, and could 81
divide the biennial period for which i
must make appropriations.
The so-called eighteen months bill
failed to provide, among other thing
for the maintenance of the judiciary
Tax and Police Departments, as wei
as the majority Of the Bureaus undo
1.-THE Public Works Department. The!
can in no sense be called appropriation
bills" providing for "the payments o
the necessary current expenses of car
Trying on the Government and meeting
its legal obligations as the same ar