The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-19
CONTINUED From Page One.)


Legislature fails to make the necessary
appropriations. Two years ago when
Congress appropriated $4,000 toward
the expenses of the Legislature, it pro-
vided also that there should be no sal
airy for an extra session. 1t made
similar provision in the act passed this
last year for the expense of the COM
ing session of the Legislature. This
act simply incorporates that as per-
manent provision. You remember at
first under Territorial government there
was always an extra session because
the legislators wanted the extra salary.
AS soon as Congress passed this other
act, the extra sessions ceased, and of
course there was no occasion for them.
But l think it is only right that the
salary of the members at the regular
session should be increased. -Four hun
dred dollars is small sum for sixty
days of hard work-Sundays and holt
days xcepted-together with the pre-
liminary work that candidate must
go through in campaign. 1t is mere
ly a question of how much the salary
should be increased.
Biennial Appropriations.
The third section amends section SO
of the Organic Act, which provides
that appropriations SHAH be made BIZ
ennially by the Legislature, by striking
out the word biennially." Either
that word means something or it does
not mean anything If it does not mean
anything, it is harmless to strike it
ont; if it does mean something, / be,
lieve that it by all means should be
struck out. And for this reason: What
does it mean, that appropriations shall
be made biennially9 Does it mean for
the bienniel period, or does it mean at
biennial finest For instance, our
Legislature sat year and a half ago
in regular session and provided, as it
was supposed, for the necessary ex-
penses of the government for the pres
ent biennial period, but it may turn
out that there are other matters which
were not provided for or that some of
the objects were not sufficiently pro-
vided for. Now, can the Legislature
at the coming biennial session piece
out those9 Can it make an appropria-
ton Cor the last few months of This
period? Perhaps not, if that word
means anything. Or, again, suppose it
should be necessary to call special
session between regular sessions, could
the Legislature at that time, not at
the biennial session, pass any appro-
priations2 Or, again, suppose the
Legislature desires to pass, as it has
done, a provision that one half of the
proceeds of the sales of any land open
ed for homestead purposes may be APP
Piled to the construction of roads for
opening this lapd-a permanent appro-
prlation. Does that lapse every two
yearsa Does that have to be appro-
priated over again? 1t provides that
the proceeds of the articles made at
Lahainaluna school may be applied to
the purposes of the school, Is that
voids Perhaps so, if that word means
anything. There are other appropria-
tions of permanent nature Are they
voids Will we find ourselves at the
coming session of the Legislature up
against it, because we can not make
appropriations at this session for the
rest of the period, and so on? We
may get into all sorts of difficulties.
That question gave the Supreme Court
some trouble few years ago, and there
was some difference of opinion as to
what that word really meant.
Relating to Bonds.
The fourth section amends section
55 of the Organic Act relating to bonds
In three respects: it does not alter that
section in the least as to the amount
of bonds that may be issued in any
one year or in the aggregate, which is
j per cent. of the assessed value Cf
property for one year and per cent.
in the aggregate. 1t does not alter
certain other limitations, such as that
no bonds shall be issued except with
the approval If the President, but it
makes three changes.
In the first place, it removes the
question of uncertainty as to whether
the Territory may refund bonds issued,
since the organization of Territorial
government. The act provides that we
may refund existing indebtedness.
Does the word existing mean at
the time the Organic Act was passed
or at the time we wish to refund?
There is a question of uncertainty
which has been raised by eminent law
yers. Hitherto we have not been in a.
position to refund any bonds issued
since the establishment of Territorial
government. IHeN nave all DeSH DOQuS
issued previously. Now we are in po-
sition to refund $1,315,000 of 41-2 per
cent. bonds. 1t may not be best to re-
fund the $4,000, but to keep those
as bonds to be paid off. But we may
find il desirable to refund the other
$I,001,000 and save $4,000 in interest
a year. Before the coming biennial
period expires, there will be another
81 100000 of 1-2 per cent. bonds to
refund, with perhaps saving of $10,-
600 year more in interest. We want
to remove the uncertainty as to wheth.
er that can be done or not.
Secondly, this amendment provides
that instead of being required to have
the bonds 5-l5-year bonds, the Leg
islature may have greater latitude
within period of thirty years; fol
instance, our New York lawyers sug
gest that it may be found advisable
instead of making the bonds SIS
year bonds, to issue bonds portion o.
whieh-that is, an instalment-mayb b,
payable in one year, another install
ment in two years, and so on GOVERN!
the period of thirty years. That form
of bond they say, is coming int,
greater favor, and it may be tina
when we come TO refund, il will seen