The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-04-20
stu Possible To Hold the Com
ing Primary Under
New Law
NOTICE or ELECTION IS
MOVED UP FIFTEEN DAYS
Proclamation Duly Published BY
Secretary 'Thayer May Be
Repeated Later On

N
shed no tears for the dead charter;
they may be spilled in vain. II Is
still possible 70 hold the coming prim'
AIRY election under the form Of char
ter adopted BY the legislature and now
IN the hands Of the Governor, and II
he should veto the bill,s il Is still pos
sible for the Legislature 20 override his
veto. *
Senator Castle introduced yesterday
. bill drafted by the city attorneys
office providing that notice Of "the
primary election to be- held in the City
and County Of Honolulu in 1917 shall
be prepared and transmitted not less
than FIFTEEN days prior TO such
primary
With the exception Of this clause,
applying to Honolulu only, the bin is
a re.enactment Of Section 20, Revised
Laws Of 1915, which requires publiea.
ton Of a proclamation THIRTY days
before the election. In obedience 70
the law as Il now stands, proelamh-
ton was duly published yesterday, call
ing an election under the terms Of the
existing charter; but if the amendment
70 the law contained In Senator Cas-
ties bill passes the legislature and is
signed by the Governor, another pro-
clamation can be issued May 3 for an
election 70 be held under the new
charter.
Always provided that the Governor
signs the new charter. The RESPONSE
bility IS now squarely up to him. He
cant even let the bin die by inaetion.
He must either sign il or veto It.
Y An opinion yesterday by the attor-
ney general held the bill to be teehni-
callyl correct, sfIt IS an elementary
rule, reads the opinion. THAT the
primary basis Of Interpretation Of the
law is to ascertain the Legislative In.
tent, and such intent should not be
defeated by too strict construction.
For the purpose Of ascertaining such
intent the courts very often resort to
Legislative, Journals and facfs outside
Of the language of the act. However,
in the present case, without going out.
side the language Of the act Itself,
there can be little doubt of the legisla-
lures intent that this act should take
effect from the date Of its approval, as
far as necessary for the purpose Of the
general election provided for the year
iDI7.o
Applying the legal principle 70 the
specific instance, If Governor Pinkham
Vetoes the bill, he must do SO for fea-
sons of policy, mot under cover Of any
defect in phraseology in the bin as it
reached him.
There remain twelve days Of the
legislative session, counting today. The
new chGrter went TO Governor Pinlkham
Tuesday noon. He has ten days in
which to sign or veto II. Therefore If
he. holds It for the entire period, he
still must act ON Il one way or the
other three days before the Legislature
rises
Or to put il the other way, snppos-
ing that he vetoes the bill, the legisla-
ture has three days ip which TO over
ride his veto. ,.,',. 81. ~, ......,
This reasoning is posted, however,
ON the superstition that the relief meas
ure introduced yesterday by Senator
Castle passes, and passes sxpeditiously.
Unless the bill is rushed through at
top. speed, the Governor stiIl win hold
the ace of trumps; he still will have
power TO hold the bill in the lomilomi
box for the ten days allotted him and
il will die BY pocket veto, without
Q chance for the legislature to re-enaes
IT, for by that time the legislature VIII
have adjourned sine die.
or to put 1t the other way, once
more, Senator Castle . emergency bill
must pass both houses and reach the
Governor on Friday ht the latest II
the Legislature wishes 10 put him in a
position where he must sign o., return
Il with his, signature or his veto,
Otherwise Il would be possible,
though highly Improbable, for the
Governor TO sign the charter bin he
now has and then nullify it's powers
by pocket yetoing Senator Castles bill,
which i virtually an enabling clause.
OF course, rs matter Of fact, If the
Governor should sign the charter, it
would be supposed that he intended
also to sign the enabling clause.