The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-06
HsTHEODORE ROOSEVELT.
GARFIELD TO ROOSEVELT.


This Is a letter from Secretary Gar
field to the President, submitting for
his approval the issue of bonds. Bonds
redeemable in FIVE years, to mature in
fifteen years, interest at five per cent
per annum, interest and principal pay
able in u. S. gold coin. Territorial and
Federal law cited as authority. Gov
ernor Frear recommends approval of
Issue, in which recommendation Secre-
tary Garfield concurs. Draft for form
of approval and opinion of Attorney
General inclosed.
BONAPARTE'S OPINION.
Charles J. Bonaparte, in an opinion
of six typewriter pages, finds that the
act authorizing the loan is valid. This
Is interesting from it's assurance that
Governor Carter's veto of Act 90,
which act was passed over the veto,
was based on an erroneous conclusion,
namely. that the language of the aet,'
bringing it into effect upon the date
of its approval by the President of the
United States. rendered "the entire
law nugatory, because it is supposed
to Involve a delegation of legislative
power by the Legislature of the Terri
tory to the President The Attorney
General says it is true the grammatical
construction of the section might leave
the meaning doubtful, but a .eonsld-
Grafton of the entire law showed that
what the Legislature Intended the
President to approve was merely the
issue of bonds.
: GARFIELD TO BONAPARTE-
This is a memorandum from the Sec
retary of the Interior to the Attorney
General, submitting the legal points on
which an opinion was requested.
FREAR TO GARFIELD.
Governor Frear on Dec. . writes to
Secretary Garfield, inelosing letter
from w. Henning, chairman OF the
Board of Supervisors of the county |
of Maui, requesting the Governor TO
present to the Secretary letter from
Henning to Garfield, requesting the lat
ter to use his good offices IN obtaining
the President s approval of the pro
1yosed $4,000 bond issue. Other IN
closures including the acts and Gov
erner Carter's veto, etc.. are mention
ed. Then Governor Frear proceeds 10
coincide with Governor Carter IN ms
ground of veto that, as already seem
Attorney General Bonaparte Iater
found to be not well taken Inc GOV
erRor says:
- ffeF some lnNeSiASsatAoAi : !
,,araa 10 ap,rove the proposed issue in
point of policy. l understand also that !
9Sovernor Carter was of the same opln-
ION. 1t is true he vetoed one Of the
authorizing acts, but that was upon
= noint entirely distinct from TIE ques-
4;dn of the l,ivisability of the issue,
and TO this point I Iow wish partleu-
larly 70 call your attention.
"The last section of that act reads
as follows: Sec. 4. This Act shall
rake effect upon the date of its ap-
nroval by the President of the United
States
ssGovernor Carter vetoed the act on
tbe ground that il was not proper TO
re0pire the President s approval OF the
Act itself-although the Organic Act
makes his approval of the loan neees-
sarv. quite agree with this view
and think the Legislature would have
remedied the defect had there been
time but it was too near the end OF
tbe session. As it was, both houses
Dassed the act over the veto almost !
6Continued on Page seven)