The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-01-16

quoted is not qualified in any way
and 1 do not believe can be limited in
its meaning. 1t must mean failure
from ANY cause whatsoever, and GER
tainly there has been a complete failure
on the part of the legislature in regard
to passing bills for the purposes above
cited. These bills having failed in the
particulars pointed out, must the Gov
ernor recall the legislature for the
purpose of enacting new appropriations
for the departments omitted from said
bills.
Sec. "a provides that "the Governor
shall call the legislature in extra ses-
sion for consideration of appropriation
bills" This has been done. The sec
tion also provides that until the legis-
lature shall have acted the Treasurer
may, with the advice of the Governor,
make such payments, for which pur-
pose the sums appropriated in the last
bills shall be deemed to
have been re-appropriated." The clause
until the legislature shall have acted"
refers to the time during which this ex-
traordinary use of past appropriation
bills may be made.
The legislature has been called, ac-
cording to law, and has failed to act.
Under these circumstances am of the
opinion that the clause, permitting
prior appropriations to be made use Of;
applies This clause is intended to pro-
vide for the very contingency now fac
ing the Government.
Sec. "a requires, and is mandatory
upon the Governor to call the legisla-
ture iE extra session. 1t does not,
however, require the Governor to con-
tinue calling the legislature in extra
session, for the consideration of appro-
priation bills In order to test this
statement, let us assume that the Gov
lernor must call the legislature in extra
sessions until it shall have acted upon
appropriation bills. This would enable
the legislature to compel the Governor
to keep 1t in session for the whole term
OF two years in which they hold office,
by a course of parliamentary delay
This reduces the rule to an absurdity
and shows that it is beyond the inten-
! ton of this section. The only man
datory requirement is, that the Gov
ernor call the legislature in extra ses-
sion when they fail to act in their regu-
does not require him to call an extra
session until the legislature shall have
acted. But if they fail to act in such
session, then the section states the
remedy. The argument that the leg
islature did not fail to pass the neces-
sary appropriation bills in their extra
session has no foundation in fact. BY
omttlng the departments they did, the
| appropriation acts are worthless for the
complete carrying on of the Territorial
Government, and q government, which
is not complete in all it's necessary de-
partments, is not a government at all.
The feiiure, therefore, to provide for
the Police and Judiciary, is as much
a failure to provide for the Govern
ment as though the failure had ex-
tended to all the departments of the
Government. 1t is beyond the power
of the legislature to pass appropria-
ton bills wiping out departments OF
Government when the laws, requiring
these departments, in order that there
shall be a legal and valid government
within the Territory, are still in force,
These observations apply to all de-
p0rtments whose appropriations are
not contained in the eighteen months
bill, but which, by the laws of the Ter
ritory, are necessary to the carrying on
of the government thereof If 1t were
held that the Governor must call the
legislature in extra session and con-
tinue so doing until they should pass
appropriations covering these various
departments, then the precedent would
be established that whenever a legls-
lature, for purposs of it's own, wished
to force the Governor into granting 1t
"a perpetual session, it could pass such
Appropriations as it deemed proper
leaving out say, an appropriation fol-
the Treasurer's Department, without
which the Government of the Territory
of Hawaii could not continue under it'
present laws. In such a case the Gov
ernor would have to keep it in perpet
ual session until 1t did make appro-
priation for that department, because
he would be powerless to act under the
latter portion of Section a. This ques
ton reduces the situation to an abb
surdity, and shows the fallacy of sucf
reasoning.
It may be argued that the legis
lature has the right to regulate appro
priations as it pleases? to appropriate
o. withhold; to establish or repeal al
office; to provide or refuse to provide
for certain objects that have been pro
vided for by previous legislatures.
With certain exceptions not now nee
essary to be referred to this claim cal
he admitted, with this proviso, that tn
, legislature can withhold an appropria
: ton for a salary for an object, which I
= not specially provided for by exist
: ing laws. That is it's privilege an
: within it's power. For example, tn
: Legislature failed to make an oppro
priation for an Assistant Superintend
ent of Public Works during the last 81
months of 1908, There was no sepa
= rate law creating this office, and tn
= Legislature, therefore, acted within it
' powers in failing to appropriate a sal