The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-11-10

bill, and again vote upon it by ayes
and noes, which shall be entered upon
it's journal
IF after such reconsideration such
bill, or part Of a bill, shall be approx
ed by a two-thirds vote of all the MEM
bers to which each house is entitled, it
shall thereby become law"
In Section SO of the same Act, under
Legislative Power" find:
Sec. So. That the legislature
may authorize loans by the Territory,
or any such subdivision thereof, for the
erection of penal, charitable, and edu-
cational institutions, and for public
buildings, wharves, roads, and harbor
and other improvements, -
Section As requires the signature Of
the Governor in order to make valid any
Act passed by the Legislature, and 1
believe your signature has been at
tached to the Loan Act (Act 6, Extra
Session, 1905).
Section 40 provides that if the Gov
ernor approves an Act, he shall sign it,
and it shall become a law. The records
show that, after this Bill passed both
houses of the Legislature and was pre-
scented to you, you had the right to veto
the same, or any specific item or items
therein. Your failing to exercise your
right of veto, and your signing the Act,
made it a law of the Territory of Ha
wall.
Section SO gives the Legislature the
power to pass a Loan Bill, under GER
tain restrictions. The Legislature of
1905, having conformed with these re-
qurements, passed a Loan Bill amount
ing to One Million, Three Hundred and
Seventy-seven Thousand Dollars, which
was signed by you, the Governor, thus
making it law of the Territory of Ha-
wall.
AS to the duties of the Governor. Has
not he taken an oath to carry out the
laws to the best of his ability? And
is there any reason today why we are
not able to borrow the amount appro-
priated by the Legislature at very low
rate of interest (say S1a per cent??
These facts, in my opinion, make it
mandatory upon the Governor to carry
out the Loan Act. If not, what is the
use of having a constitution, given us
by the United States, giving the Legis-
lature the right to make appropra-
tions. And what is the use of the Leg
islature making appropriations if the
wishes of the people are not to be con-
sidered?
Under the above conditions, in my
judgment, there is only one course to
persue, and that is to carry out the law
as passed by the Legislature. There is
no discretionary powre left to the Gov
ernor, unless the Legislature should
have passed a law which was impossi-
BILE for the Governor to carry out. Such
a condition is not applicable in this par
ticular case, because the credit of the
Territory is good. You will acknowl-
edge therefore that We would have no
difficulty in getting this money. Be
sides, in the beginning of the Regular
Session, you recommended in one of
your messages that the Legislature pass
Loan Bill amounting to One Million,
One Hundred Thousand Dollars. The
Legislature made some changes in your
recommendations, but not to any great
extent, and only increased the Bill Two
Hundred and Seventy-seven Thousand
! Dollars. In my judgment you surely
should give the members of the Legis-
lature a little credit for knowing the
needs of the several islands of this Ter
ritory.
This Bill carries appropriations for
belt roads and a great many other
branch roads for the benefit Of home
steaders on the Island of Hawaii, the
Islands of Maui, Molokai and Lanai, the
Island of Kauai, and on the Island of
Oahu, which are necessary and should
be carried out. The appropriations in
the old bill of 1908 were, in many in
stances, not used, and this new bill
has re-appropriated money for those
! improvements which are most urgent.
You are not to infer that necessarily
approve of every item in the Act, but
what you may consider most important
another, equally interested, might deem
that is not the question; the Act stands
as law
In conclusion, I trust that my ideas
in the matter will be thoroughly looked
into by you, and that you will carry
out the Loan Act as passed by the Leg
islature, which will probably not exceed
One Million, One Hundred Thousand
Dollars because some of the improve
ments win probably not require the full
amount appropriated and if this should
be the case, then the appropriations
would be within your recommendations
Yours very truly,
L. L. McCANDLESS.
i Senator L. L. McCandless, Honolulu.