Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-01-16
SIX MONTHS Bill
ADv|StD BY ANDREWS


Governor Carter received the
opinion Of the Attorney General, yes.
terday evening, Upon the question re-
ferred to him In regard to appropria.
lions.
Andrews opinion is. in brief, as fol-
lows:
In regard to the question referred TO
should pursue in regard 10 appropria-
tons for the ensuing eighteen months,
in view Of the decision by the Supreme
Court. declaring the County Act void,
| and in view Of the fact chat the abol-
ishing Of counties threw back upon
the Territorial Government the entire
burden Of governing the whole Terri
tory OF Hawaii. as previous to the es-
Enlistment of counties, and, further,
lin view of the fact that the appropria-
ton bills for the ensuing Eighteen
months. as passed by the legislature In
extra session, failed to provide apprO.
priations for carrying on The Terri
torial Government, as IL was prior to
the enactment Of County Law. and To
provide for the necessary current cx-
penses and the meeting Of the legal
obligations OF such a government, |
would reply as follows:
The Congress OF The Uniten States.
as evidenced by the Organic Act, I'M
ldoubtedly intended that the Executive,
in carrying on the Government Of the
ITerritory. should not be hampered by
a recalcitrant or neylecftni Legislature,
or legislature which might have
honestly intended to do what vas right,
hut through ignorance or error SO act
ed. In passing appropriations, that the
Government would be tered to come
Ito a standstill fci lack Of appropria
ltions.
The legislature of 1908 failed to pass.
In their regular session. any appro.
Irritation bills, and were, therefore
lcalled in extra session by Governor
Dole. In such extra session they
lpassed. among others, acts regulating
the current expenditures and salaries
for the period from July 1. 1903, to De-
cember 81. 1903, and from January 1,
1904. to June 30th, 1905, and the Su.
Ipreme Court. In the case of In re Rob-
ert Boyd, Is Ha., held that, In doing
so. the legislature acted within Its
powers, and could so divide the bien'
i.ial period for which 1t must make APP
preparations.
The so-called eighteen months bills
failed to provide. among other things
Tor the maintenance or the judiciary
Tax and Police Departments, as well al
the majority OF the Bureaus under the
Public Works Department. They car
in no sense be called appropriation
bills" providing for the payments o
the necessary current expenses OF car
rying on the Government and meetin,
It's legal obligations as the same ar
provided for by the then existing laws.
See. "a provides that "the Governo
shall call the legislature In extra SEE
sion for consideration of appropriation
. bills" This has been done. The sec
ton also. provides that until the legis
lature shall have acted the Treasure
may. with the advice Of the Governor
] make such payments, for which pun
pose the sums appropriated In the las
appropriation bills shall be deemed
have been re-appropriated." The claus
| until the legislature shall have acted,
refers to the time during which th
extraordinary use Of past appropria
| ton bills may be made.
| The legislature has been called, az
eortling to law. and has failed to &C
II Al