On yesterday, the 19th instant, the King, still adhering to his
interpretation of the constitution, returned to the Legistature two more
bills, with his objections thereto, which the Legislature decided to treat
as only an attempt to veto, claiming that all bills returned unsigned
without the consent of the cabinet ministers would become laws by virtue of
not being legitimately returned to the Legislature within ten days after
presentation to his majesty for approval.
There was no discussion on the subject yesterday, and the matter was quietly
disposed of when the Legislature proceeded to consider other business.
Judging from information received, I am of the opinion that it is the purpose
of the adherents of the doctrine promulgated by the Legislature to solve the
constitutional problem by the appointment of a fifth judge, filling a
vacancy caused by the death of Judge Fornander.
Although there is considerable feeling in the community concerning the
differences between the King and the Legislature, yet at this time the
indications are that a peaceful settlement through the courts will be
obtained.
Every precaution possible is taken, by quietly providing for any emergency;
but it is now believed that the special session of the Legislature will
adjourn sine die to-night, or to-morrow at the
latest, and when the vacancy in the supreme court is filled doubtless the
legality of the acts vetoed by the King will be constitutionally tested.
I inclose herewith extracts of legislative proceedings of the 19th instant,
giving in full the messages of the King accompanying the returned bills and
legislative action thereon.
The Hon. S. G. Wilder,
President of the Legislative Assembly of the
Kingdom:
Sir: The objection I have to “An act to provide
for the regulation of the internal police of the kingdom “is as follows:
- First. It is not particularly necessary that the
attorney-general shall have the care, supervision, and control
of the entire internal police of the kingdom further than is
provided under the present statutes of the kingdom.
- Second. Neither is it politic that the appointment of the
marshal should be through so many ramifications of offices and
place it under approval, first, of the executive, and finally
the judiciary, instead of its proper place, the executive. A
more serious objection to the bill is that of the power of
dismissal given to the attorney-general, but no authority of
appointment; such authority, being distributed, places the
attorney-general and the execution of his power in this respect
in an anomalous position, and renders the office of command over
the police nugatory.
- Third. The enjoyment of emoluments or fees by the marshal or
sheriffs, other than their salaries, should have been
discontinued.
- Fourth. No provision is provided for the responsibility of the
police under the attorney-general as a reponsible head; neither
are there codes or regulations for a more perfect system of
administration and discipline, as intended by the policy of the
Government, expressed in the address from the throne.
- Fifth. A more careful consideration is necessary to carry out
the full intent and policy of the Government, and it is
advisable that the bill should lie over for the next regular
session of the Legislature, so as to give time for further and
more ample deliberation upon a law of so much importance.
I have therefore withheld my signature from this bill.
Done at our palace at Iolani Hale this — day of December, A. D. 1887.
Kalakaua Rex.
The president read a further communication from his majesty, in which he
stated that the constitutional question of his right to an absolute veto
had been submitted to the supreme court, but that the justices had been
unable to agree; that he still adhered to the terms of his former
message of the 2d instant, and that the acts in question were again
returned to the house to take such further action thereon as might be
deemed advisable.
Noble Baldwin asked the ministers if the veto message was countersigned
by a minister, or if the action taken by the King thereon was by and
with the advice of the ministers.
Minister Green answered that the ministers had advised the signing of ail
the bills passed; no minister’s name is countersigned on the veto; the
ministers knew nothing about this veto and were not consulted.
Noble Castle regretted that the supreme court has not given a decision on
this question. The house, however, had declared its opinion. He moved
the following:
Resolved, That the message of the King
accompanying the bills en itled respectively as below specified be laid
upon the table; and that said bills, under the principle declared in the
resolution adopted by this Legislature on Monday, 12th instant, do go
upon their usual and ordinary course, becoming law at the expiration of
ten days from the date of presentation to the King.
Specification.— An act to render unlawful the
granting of licenses for the vending of spirituous liquors at retail in
any district of the Hawaiian Kingdom other than Honolulu, in the island
of Oahu; an act to provide for and regulate the internal police of the
kingdom.
Representative G. Brown asked for a ruling of the chair if this mode of
procedure is within the rules of the house, citing rule 70.
Noble Castle said that according to the resolution of Monday the message
from the King is no veto.
The chair said that no rule of the house particularly applies to the
position in which it is now placed. Rule 70 does not. It is in the power
of the house to say what course shall be taken.
Noble Young moved that the resolution be adopted.
Representative Kamauoha moved indefinite postponement.
Noble Dole moved the previous question. Carried.
Indefinite postponement was put and lost.
The resolution was adopted.
order of the day.
Noble Castle moved the following:
Resolved, That the order of the day assigned for
to-day, the same being the consideration of his majesty’s message
relating to the bills entitled “An act to abolish the office of
governor,” and “An act to provide for the discharge of certain duties
[Page 852]
heretofore performed by
the governors of the different islands,” be laid upon the table, said
matter having been disposed of by resolution adopted on Monday, the 12th
instant, and that said bills do take their usual course, becoming law at
the expiration of ten days from the date of presentation to the
King.
Representative Paehaole moved that the vetoed bills be taken from the
table and considered. Lost, 14 to 22.
Noble Castle’s motion was adopted.
another veto.
The president read the following message:
The Hon. S. G. Wilder,
President of the Legislative Assembly of the
Kingdom:
Sir: My objection to an “act relating to the
military forces of the kingdom” is as follows, viz:
- First. The King being commander-in-chief of the army and navy
under the constitution, he, with the advice and consent of his
ministers, frames and creates the organization of the military
force. What is required of the Legislature is to authorize the
same. It can not be intended that the Legislature is to deprive
the Executive of this special function.
- Second. The present law, as passed by the assembly, is an
anomaly in many respects. No provision is made for authorizing
courts-martial; for the declaration of martial, law; and as many
incongruities exist therein, it will render the law
inoperative.
- Third. Volunteer organizations are not an integral part of a
government institution, and consequently can not be admitted as
being within the purview of the constitution. Such organizations
are better placed under the supervision of the governors than
under the officers of the regular military organization.
- Fourth. I do not deem it desirable or advisable that an
organization of the military forces of the kingdom be done
hastily and by direct organization of the Legislature without
consultation or deliberation with the Executive, under whose
charge the department belongs. It is advisable that this bill
lie over for the next regular session of the Legislature. A
measure of such importance should have careful
consideration.
We therefore withhold our signature from this bill.
Done at our palace at Iolani Hale this 19th day of December, A. D.
1887.
Kalakaua Rex.
Noble Castle asked if the royal assent to this bill had been refused by
and with the advice of the cabinet.
Minister Green said it was not. The cabinet had not been consulted in the
matter.
Noble Castle then moved a resolution of precisely the same terms as the
resolution on the veto messages in the forenoon.
The ayes and noes were called on the resolution, when there appeared:
Ayes—Green, Thurston, Ashford, Robinson, Young, Jaeger, Castle, Smith,
Water-house, Foster, Wight, Notley, Wall, Townsend, Hitchcock, Baldwin,
Bailey, G. N. Wilcox, Bertelmann, Dole, Hustace, Dowsett jr., Deacon,
Kinney, Paris, Horner, Kawainui, A. S. Wilcox, Rice, Gay—30.
Noes—Luhiau, Naone, Kauhi, C. Brown, F. Brown, Maguire, Kamauoha,
Daniels, Helekunihi, Paehaole—10.
The resolution was adopted.
The house adjourned to 10 o’clock Tuesday morning.
