Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-04-14
e. O. HALL & SON, LTD

puTsueu SuCH u COuTse IL IL Hdu Dtth
prompted by the intention imputed to
1t in the construction given this sec
ton.
Republic Of Hawaii.
The opinion of the Court gives to
section "a the same meaning that
would be given to Section 4, Art. 20,
of the Constitution of the Republic of
Hawaii. from which It is said to have
been taken. This provision of the
late Constitution reads:
in case of failure Of the Legisla'
ture to pass appropriation bills provid-
ing for payments of the necessary cur
rent expenses OF carrying on the Gov.
eminent, and meeting its legal obliga.
tons. the Minister of Finance may,
with the advice of the Executive Coun.
Gill; make payments for and during the
new biennial period, for which purpose
the sums appropriated In the last ap.
preparation bill shall be deemed to
have been re.appropriated.'
There Is similarity between the
language of this provision and that OF
Section5i. still there is broad differ
cnce between them and to hold that the
two provisions mean one and the same
thing and authorize the exercise OF
the same power is clearly erroneous.
The most important distinction be-
tween the provisions of the two sec
tons is that fixing or limiting the time
within which the extraordinary powers
therein prescribed may be exercised
by the executive officers therein named.
The limitations In sections, is that the
payment may be made "for and during
the new biennial period This pro-
vision is unambiguous and its mean
ing easily understood. This provision
was omitted from section 81. and an
other inserted In lieu thereof, namely,
and until the legislature shall have
acted the Treasurer may" etc. Why
this change was made or what the
phrase means Is involved In no little
doubt.
Ambiguous Substitute.
II we assume that Congress intended
by this section to confer on the Treas
urer and the Governor Of the Territory
the same power that the Constitution
conferred on the Minister of Finance
and the Executive Council Of the Re-
public OF Hawaii. why should the Ian
guage be changed and why substitute
an ambiguous phrase for one that is
clear? II seems to me that the only
answer to these questions Is that Con-
the power therein conferred. whatever
that was. to less time than for and
during the new biennial period" name
ly, until the legislature shall have
acted" This phrase certainly indicates
q belief on the part Of Congress that
the legislature would act and an in
tcntion, at most, to make provision for
a possible emergency that might arise
between the time OF calling AN extra
session and the time when the legis-
lature shall have acted"
Automatic Authority.
When the legislature at the extra
session made provision by proper ap-
preparations for every necessary cur
rent expenses Of the Territory for the
first six months Of the ensuing bien-
NAL period, the time fixed in the sec
ton within which the Treasurer and
Governor might draw on the last ap-
preparation bills" expired, II such pow
er ever existed.-The legislature had
then acted within every proper meaning
of that term. The power was gone.
The occasion prescribed for calling 1t
into existence had passed and could
not possibly recur again until after the
adjournment of another regular session
of the legislature without having passed
the necessary appropriation bills. The
section Is certainly not automatic. 1t
does not place lever in the hands Of
the Treasurer by working which he is
enabled, at will, to spring into activity
or to suppress into quietude the power
claimed for this section or authorize
him. whenever an appropriation has
been exhausted, or a necessary cur
rent expense" left unprovided for, to
declare that the legislature failed to
act' and proceed, on the advice Of the
Governor, to draw on the last appro-
prlation bills"
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