The Hawaiian gazette., 1918-05-10
REINFORCEMENT
MAY Be ISSUE Al :
SPECIAL SESSION
Question Of Representation In
House and Senate
Again Raised
MCCARTHY NOT TO TAKE
OFFICE FOR TWO WEEKS
Is Believed His Commission viii
Arrive Some Time After
the Twentieth

Reapportioumcnt of the senate and of
the house Of representatives in accord.
anGe with the provisions of the Organ /
ic Act Of the Territory is again being
urged and may be made one of the i'm
portant measures of the forthcoming
special session Of the Legislature which
is to open next Tuesday.
. 1t is now generally accepted that the
outgoing administration will remain in
power through the special session. No
further word was received yesterday
or last night from Washington by Gov
ernor Mccarthy and It is now almost
certain that his commission and IN
structiOns about qualifying have been
mailed from Washington.
Time Of Mails
The first boat on which Tho commits
sion can arrive will reach port here
Sunday. May 10, the day following that
on which it ls planned to nd jOurn the
special session If there has been any
delay at Washington about issuing the
commission, II may not reach Honolulu
until Tuesday May 2l or Thursday,
May 90 1t il unlikely that its ar
rival will be delayed beyond the last
named date and this means that Gov
ernor Mccarthy win probably assume
Office some time before May 20. q
One rcmsOn why the question of reap
portionment has been brought up again
at this time il that it has been held
that according to the strict letter of
the law it is altogether possible that the
legislature as constituted at present
is illegal and on this ground any Of it's
acts may be questioned. On the sub,
iect of renpportionment the Organic
Act is specific.
Law is Specific .
"The legislature, the act says,
cat its first regular session after the
census enumeration shall be ascertain
ed, and from time to time thereafter,
shall reapportion the membership in
the senate an dhouse of representatives
| among the senatorial and representa-
tive districts on the basis of popula,
citizens Of the Terrific rS."
This act has been effective all of
seventeen years, since 1900 when the
| Organic Act was first passed by con-
gress. The provision of the act on
the question of reapportiOnment has
been ignored by one session of the leg
! lsluluTt uIlSI luis now DE-
lieved that unless the Legislature acts,
voluntarily in the matter, and soon, re-
apPOrtionment will be thrust upon the
Territory by act OF congress in the
shape of an amendment to the Organic
| Act.
Since the act was passed the popuIa.
! tion of the Territory has been steadily
increasing and the bulk of the increase
has come to the Island of Oahu with,
the result that the present representa-
ton of the various counties has grown
wholly out of proportion.
All Efforts Pail
Efforts in the past sessions to carry
ont the provision of the Organic Act
have met with defeat when the repre-.
srntntion of the other Islands have com
hinrd against the Oahu Representation
In former sessions Legislative trad.
ers - have successfully defeated every
attempt to bring about the change.
As constituted at present the repre-
scnaton in the senate by counties is
as follows: Oahu, six; Hawaii, four;
Maui. three, and Kauai, two. In the
house the representation is: Oahu,
fourth and fifth districts, six each !;
Hawaii, first and second districts, four
rach Maui, third district, six; and
Kauai, sixth district, four.
How out of proportion this is may be
seen when the population of the Is
lands is taken into account This is:
oahu, 10000; Hawaii, $4,000; Maui,
10000 and Kauai, $4,000.
In former years questions concerning
the legality Of the acts of the Iegisla.
ture as constituted at present have
been seriously advanced and with the
, population constantly growing the
basis for this contention, has been
growing stronger.
Governor Views
Governor Mccarthy said yesterday
that as a senator at the 1907 session
of the legislature he introduced bill
providing that n reapportiOnment be
made in accordance with the Organic
Act. 1t was defeated as were sutse.
quent efforts to effect reapportionment,
81 feel as strongly about it now as
| did them" Governor Mccarthy said
yesterday, but he expressed the view
that little chance exists that the legis.
uturr will voluntarily make the change
If the project were given the sup,
port Of Legislators from some Of the
other islands, he Baid, sit could
probably be carried into effect. There
is II" doubt about the law. The Or
Ennc Act is specific and directs that
rcnpportionmeht should be made and
my own opinion isNthat it should be
made. But nothing has been done in
past sessions and hardly think it like
" that any chance exists of action al
the coming special session.
"Ihc only way that seems open tc
compel reaVPortiOnmcnt here is It
have the .uatter taken care OF IN con
grrs, 10y mu amendment to the Organic
~. making q teappurtionmont on The
basis of population.
: \gniu pointing out that he is not ye
actually in Office and will not be il
roWrj through tho special session, Gov
rrn"r MrCurIhy expressed doubt tina
the question of reapportlonmcnt woul,
| be- regarded in the light Of cmergenc,
< Legislation, though an election Is TO b,
held IN the fall. He also doubted
1 whether the acts of the Legislatures o
= Tia" past seventeen years could be qucs
\ toned successfully by court action al
) thri.h the provision of the Orpani