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B'f HE LEGISLATURE.
Tuesday, Sept. 20, 1892.
Tho Assomblj' reconvened nt 1:15
'Mid consideration ol tho amendment
to tho Constitution in regard to pay
of moinbors of tho Legislature was
l?op. Whilo favored tho amend
ment proposed by tho Legislature
of 1890 which would give mem
bers $500 for tho sossion.
Noble Hind considered that tho
existing stringency in financial af
fairs Svas sufficient reason to dis
allow any increaso in oxpouses of
Noblo Pua favored paying both
Noblos and Representatives.
Noblo J. M. Homer considered
that it was not tho proper tiino to
add to tho list of espouses; in tho
future, times may bo more favorable
for tho consideration and carrying
out of increased p."iy to bot h Noblos
Rep. Smith thought that the
money that would bo used if tho
amendment passed could bo used to
bettor advantago in public improve
ments. Ho wanted a schoolhouse
and a bridgo in his district, if that
was obtained ho might thou voto for
this. He considered that it was a
rank injustice that children had to
go tho long distance necessary,
through rain and mud, to tho school -
where now located especially when
tho Board of Education had approv
ed tho requisition but tho Legisla
ture was without funds.
On motion further consideration
of tho bill was postponed "for tho
Bills No. 21, 21a and 29 rolativo to
contract laborers wore taken up and
considered in connection with a re
port of tho Judieiarj- Committee.
Bill 21a, which was tho Bill pre
sented by tho Committee, was con
sidered. Noblo Marsdon said that tho law
proposed differed from tho old
law inasmuch that in tho existing
one a laborer absenting himself had
to serve two days for ono. Under
this proposed law tho laborer would
only servo tho exact time and no
Noble Baldwin said that there
should bo a clearer understanding
of tho nature of tho contracts exist
ing here. There wore two kinds: one
for Hawaiians and another for im
ported laborers. This proposed law
would not atrect Hawaiians in any
way, but it was much needed io con
trol foreign contract labor. Tho
present foreign contracts call for
service between specific dates, and if
a laborer should run away or bo sick
two of'the three years for which ho
is contracted, no service- could bo ob
tained beyond the end of his term.
The existing law encourages laborers
in running away; this would bo a
Rep. Kamauoha moved considera
tion of the bill bo deferred until af
ter consideration of tho amendment
to tho Constitution relating to
Chinese and Japanese immigration.
Minister Neumann said the mem
ber had been tho first to introduce
this legislation. Tho Committee had
amended tho bill, following tho ideas
of tho member. Ho did not think
that Rep. Kamauoha would repudi
ate tho bill of which ho was tho
father. Tho bill was a good ono and
should bo passed.
From this time, 2:15 o'clock, until
3:12 o'clock, argument was had with
out a quorum being present, at times
there being loss than two dozen moin
bors in the House. Rep. "Whito, who
was speaking, mado a motion to ad
journ on account of lack of quorum,
but tho motion caused an appearance
from tho lobby of many moinbors
who wore resting from tho labor of
listening to tho extended remarks.
Rep. "Whito continued speaking
until 3:17, whon tho lack of quorum
again attracting tho President's no
tice, ho said that if tho mombors did
not remain present ho would bo
compelled to adjourn tho House for
lack of quorum.
Rop. Whito referred to Rulo -19
and objootod to tho representatives
of tho planting interests present
voting on tho passago of the bill.
Ho did not think tho bill a good
ono; it was adding another link in
tho chain which bound tho laborer
to tho planter. JIo mentioned tho
namos of moinbors who should not
voto on this inattor.
Considerable oflbrt was maile by
tho native moinbors, by motions 'to
postpono, to amend, to consider fac
tion by section, otc, to stavo oil' ac
tion on tho bill, but being in small
force tho motions wore oit hor lost or
debate was quickly ended. As a last
resort tho native moinbors droppod
away quietly ono by ono, endeavoring
to causo adjournment by lack of
quorum, Tho ondoavor failed and a
voto on the bill was reached at 3:49
(with but six Hawaiian moinbors
present) resulting in tho passago of
tho bill to engrossment and for third
reading on Tuoaday week.
At 8:50 tho Assembly adjourned.
1 I M I II II1IIB 1IIIW IIMillWIW IIII'lWI li MW miMi 1 1 1 W1WPWTW Ti T(TfWlTiil Wl 111 i " TilrTfWiTOillffllUl
THE LAW ON THE POINT.
of tho Hawaiian
In thomattorof tho construction
of Articlo 41 of tho Constitution.
uniEF ron the cabinet.
Tho Legislature consists of -18
elect ivo members and tho Cabinol.
On tho loth inst. a voto was takon
upon a resolution of want of con
fidence in tho Cabinet with tho fol
lowing result: Yeas, 21; nays, 21. Tho
President ruled that tho resolution
had not carried. Tho question is,
Was tho ruling correct?
Articlo 11 of tho Constitution pro
vides that tho Cabinet "shall bo re
moved by him (tho King) only upon
a voto of want of confidence passed
by a majority of all tho elective
members of tho Legislature."
Two seats wore vacant on account
of resignations to tako seats in tho
What meaning is to bo placed up
on "a majority of all tho elective
Three constructions may bo con
1. That tho words moan a major
ity of a full houso when .nil vacaucies
aro filled, and all who may bo elec
tive moinbors aro present.
2. That a majority of a quorum
3. That tho majority must bo a
majority of those who aro mombors
at tho tiino of tho voto, disregarding
Thoro is authority for tho first and
second construction under certain
circumstances; apparently none for
tho third, but direct authority
In favor of tho first construction,
which wo submit is correct, is tho
lollowing vor' strong opinion in
Osburn v. Staloy 5 W. Va. 85 13 Am.
Roports p. 610. In this ease tho
"Tho fourth and last point mado
by tho counsol for tho appellant is
that 011I3' a majority of the moinbors
remaining after tho resignation of
0110 moinber is required to pass a
bill. Tho Senate whon full consists
of twenty-two mombors, and it is
conceded that at the commence
ment of tho session of tho Legisla
ture, at which tho bill in question
was passed, this branch was full.
Tho pleadings in the causo aro in
definite and uncertain, but it suffi
ciently appears from tho pleadings
and tho admissions of tho parties,
that at the timo tho voto was takon
this journal will show that ono mem
ber of tho Senate had resigned his
soat, and that only cloven senators
voted aj-o on tho passago of tho bill.
Tho point of diflbrenco between the
counsel is, tho construction to bo
given to tho provision of tho Consti
tution: 'No bill shall bo passed by
oithor branch without an affirmative
voto of a majoiity of tho members
elected thereto. Counsol for appel
lees contend that 'members olocted'
moan persons elected as members
at tho last preceding elections, whe
ther members at tho timo tho voto
is takon or not; whilo tho counsel
for tho appellants contend that
'mombors elected' mean mombors
who would lio entitled to voto at tho
time tho voto is takon on tho pass
ago of tho bill if presont. It seoms
that whon tho voto was takon on tho
passago of tho bill tho President of
tho Senate ruled that olovon yoas wore
sufficient to pass it. An appeal was
taken from this decision of tho Chair
to the Senate, and tho Chair sustain
ed. Tho truo theory of representa
tive government is that a majority
of tho representatives of all tho peo
ple to bo bound by any law should
assent to it, and it cannot bo doubt
ed but that tho people, whon thoy
put this provision in tho Constitu
tion, intended to secure themselves
against tho passago of any law to
which a majority of all tho pooplo
should not cousont. Tho represent
atives of tho pooplo should bo gov
erned by tho spirit of the Constitu
tion, and in doubtful cases should
decline tho oxorciso of power. For
these reasons, with all respect, it
was tho duty of tho Senate to huvo
declared tho bill not passed."
Tho moaning of tho word "Houso"
standing by itsolf may moan all of
tho inombors belonging to such
houso. Thus in Southworth v. It. Jl.
Co. 3 Mich. 287, tho Court say: '"In
See, 10, Art. -1, this word occurs
twico. In tho first clauso which pro
vides that 'a majority of each house
shall constitute a quorum to do
busiuoss,' it very clearly moans all
tho moinbors belonging to such
house. In tho last clauso 'that oaoh
houso shall chooso its own officers,'
it sooms as clearly to moan a quorum
"From a careful examination of
ovory provision of tho Constitution
relating to tho organization, powors
and duties of tho legislative depart
ment of tlio Government, it appoars
to mo evident, that in all cases whoro
a power is conferred or a duty or
restriction imposed upon oithor
branch of tho Legislature by tho
gonoral designation 'Houso,1 without
any qualification oxprossod or nocos
sarily implied, from the language
employed, tho term moans tho legis
lative body or quorum to do busi
ness comprising a majority of (ho
mombors elected to and qualified to
act as moinbors of such body.'
Tho convorso must also bo truo.
Horo there are qualifying words: "A
majority of all tho olectivo mom
bors" is a qualification which shows
an ovidont intention to roquiro
soinothing more than a majority of
a more quorum.
Stato v. McBrido, 4. Mo. 308, is not
in conflict with tho foregoing.
In that caso a two-thirds voto was
required, Tho Sonato consisted of
21. Two moinbors wore absont, 15
voted for the amondinont ond 7
against it. Tho Court say: "Tho
word 'Houso' as used in tho Consti
tution may then oithor bo the whole
number elected to that Houso or a
majority of its mombors. Tho most
common meaning of the word then
being a number of members sutli
ciont to constitute a quorum to do
busiuoss, it is our opinion that 15
mombors of tho Senate having voted
for this amendment and only 7
against it, two being absent, it was
passod by tho required number of
But horo tho word "Houso" was
used without qualification.
We understand the other side do
not contend that a majority of a
quorum merely would bo sufficient.
But mil oss thoy go to that oxtont
thoy seem to bo loft, without author
ity. Tho following cases in California
are directly against tho construction
contended for by the othor side. Tho
words as used there, "a majority of
all tho mombors elected," would loud
thomsolvos to tho construction
argued for by the othor sido more
readily than tho words of our Con
stitution, "a majority of all tho olec
Thoro is a distict idea in tho word
"olectivo" of all who might bo elect
ed. In Sattorleo v. San Francisco, 23
Cal. 315, tho charter of tho citj de
clared that no ordinanco should bo
passed "unless by a majoritj of all
tho moinbors oloctod to such board."
Tho board consisted of eight inom
bors; attho timo of this ordinance ono
of tho mombors, Hyde, had resigned,
loaviug only sovon in office, of whom
four voted for tho ordinanco and
three against it. It is contonded
that tho charter required not loss
than fivo affirmativo votes to pass an
ordinanco and that as this ordinance
received only four votes in its favor
it was not therefore legally passod.
This construction of tho charter has
boon sustained by ropoatod decisions
of this Court.
This construction has been adopt
ed in tho following cases in Califor
nia: San Francisco v. Hazen, 5 Cal. 175;
Horzo v. San Francisco, 83 Cal. 110;
McCrackon v. San Francisco, 10 Cal.
591; Grogan v. San Francisco, 18
Tho argument roliod on bv tho
othor sido in tho present caso was re
peated in all of the foregoing cases,
viz.: that "olocted menibors" referred
to and must bo limited to thoso who
wore actually in offico without regard
to thoso who might have resigned
and was ovor-rulod in all of them.
In San Francisco v. Hazon tho
Court say, "If tho word electod is to
bo taken in its presont souse as ap
plying to moinbors actually in offico
(only) it follows that by re iignation
or othonviso tho board may bo re
duced to ono member, and ho would
bo as competent to act as a full
Thoso is no difference in moaning
botweon "a majority of all tho mom
bors elected" and "a majority of all
tho elective inombors."
Tho foregoing cases aro cited with
approval by Cooloy in his Constitu
tional Limitations p. 168. "Whoro by
tho Constitution a two-third or
throo-fourth voto is mado essential
to the passago of any particular
class of billss two-third, or threo
fourths of a quorum will bo under
stood unless tho tonus employed
clearly indicato that this proportion
of all tho mombors or of all thoso
elected is intended.
"All tho moinbors olocted," "tho
wholo representation" and similar
phrases roquiro all tho members to
bo taken into account.
Tho rulo adopted in tho United
States Senate that two-thirds of a
quorum only can pass an act ovor a
voto (Paschall's Annotatod Con., p,
93) does not conflict with the fore
going becauso in tho Constitution of
tho Unitod States the terms "house,"
"two-thirds of tho houso," are used
without any qualification. Thoro is
no expression of intention that two
thirds of all tho mombors shall be
Tho aid which tho othor sido seeks
from a historical statoinont of tho
evil intended to bo mot is not con
clusive because it doos not go far
enough; it doos not account for tho
uso of tho word "all." If a majority
of a quorum only wore intondod tho
word "all" would not huvo boon
used. Both ideas aro presont: tho
oxclusion of tho Cabinot, and tho re
quirement that all tho mombors
must bo counted,
Tho expressions, "a majority of all
tho olectivo members" in Articlo 41
I of tho Constitution, relating to tho
Cabinot; "a two-thirds voto of all
tho olectivo mombors" in Articlo 48
relating to passing an act ovor a
voto, and "a resolution passed by
two-thirds of all tho moinbors of tho
Legislature" in Articlo G." relating to
tho romoval of judges, all moan
somothing more than thoso portions
of a quorum. Thoy all call for an
oxprossion of opinion from tho ro
quisito nunibor of tho wholo house,
representing tho wholo people
Any othor construction would al
low tho passage of such measures by
such proportions of a houso reduced
by aii3' means to a more quorum.
Tho Legislature consists of a dofi
uito number of members fixed by
law. The presumption is then that
whon a majority of all the members
is required, tho wholo House is to
bo counted. If tho Houso consisted
of no definite number of members
tho other construction would bo
Tho caso of tho Pooplo v. DoWolf
02, 111. 253, is in lino with tho princi
ples above laid down. There it is
hold that a "constitutional maj
ority" is a majority of all tho Sena
tors elected to and composing the
Senate. In that Stato tho wholo
Senate being 50, at least 20 must
concur to pass an act.
F. M. Hatch,
For tho Cabinet.
Tako Good Caro of tho Cliildrtn.
If you have children you will bo
interested in tho experience of Mr.
John Cook, of Pilot, Vermillion Co.,
111. He savs: "Two yoars ago two
of my family, a young man and a
girl, had very sovoro and dangorous
attacks of bloody flux. Tho doctor
hero was unable, after a week's time,
to check or roliovo oithor caso. I
throw the doctor overboard and be
gan using Chamborlain's Colic, Cho
lera and Diarrhoea Remedy. Im
provement was scon very soon and
nij' children arose in a fow days
from what I feared would bo t hoir
deathbed. It is a grand, good medi
cine." For sale by all dealers. Bon
son, Smith & Co., Agents.
Something: Now in Ranges.
Tho PAcirio Hahdwaiu: Co., (L'd.),
have just received an invoice of tho
M. & D. "WitouoiiT Stdel Ranges
which aro suporior to airything of
tho kind yot invented. Thoy have
boon adopted by tho United States
Navy and are in uso on tho Charles
ton, San Francisco and Boston and
othor now vessels. Also on several
of tho new vessels lately built for
tho trade botweon San Francisco
and this port.
An examination of these Ranges
will at once show their many advan
tages ovor all competitors.
Old Bags Wanted.
Clean white rags, suitable for band
ages, aro wanted lor use at tho Bishop
Homo and tho Boj-s' Homo, Leper
Settlement, Molokai. Ring up 281
Mutual telephone, and thoy will bo
sent for; or leavo tho same at the
offico of tho Board of Health, or at
J. T. YYatoriiouso s, (jiicon street.
DO YOU FOLLOW ME?
The "Touwnt Ci
oau" is made of
and Turkish Tolrnc
co Filler with Ha
vuna Wrapper of
superior grade, and
without paper; pro
noum eduy eonnois-s-eurs
to he tho llnest
where a hIioi t smoko
is desired. Health
ier and better than
a elgarotto for a
fV Ask your
dealer for them I
MA OK 11V
Tho Kuboy & Co. Branch of the American
Cigaretto Co., Honolulu.
No, USO Fort St.,
opp, Cluh Stable?,
NOTICE OF ASSIGNMENT.
II. 8HOHEY and AH TON, of llano,
Maui, having tlds day mado an assignment
of all their property to tho undersigned for
the benefit of all their creditors, notice is
hereby given to all parties having uIuIiuh
aguinst said II. Shobey and Ah Ton to
present them within sixty days, otherwise
they will bo barred forever. All parties
owing said il. Shobey and Ah Ton iiuiht
muku Immediate pavment to
FRANK Jl. AUKRRACH, Hnnii.
liana, Sept. 2. 1W)2.
rpHE UNDKltBIGNED HERKltV
X gives notice that all debts con
tracted after this dato by either Lydia
K. Kamakala or Sam Kainakaia, her
husband, will not bo paid without his
written ordor, and requests that all ac
counts against them bo piesonted to
him promptly at tho end of each
Trustee of tho Estate of Lydia K.
Kamakala and S. Kamiikaia.
Honolulu, Sept. U, 1KU. Itt.'-lw
2 HORSE POWER UPRIGHT DAXTER
Kugino and Holler, In good woiking
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G. II, Robertson '..... Treasurer
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