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PACIFIC COMMERCIAL ADVERTISER, FEBRUARY 8, 1868.
r e Pacific Commercial Advertiser Is now for sale daily at the Fellwwint; places: I. II. SOPKK Merchant strvt A. M. IIEWETT Merchant street T. Ci. iMKUM Fort street WM. STii -. Hawaiian Hotel Five fent.H i'! 10 WEDNESDAY should become heated from any cause, this safety-catch would at once melt off and open the circuit, thus averting all possible danger of fire. The circuit can be again closed by putting on a new safety plug, the work of a minute. Fires from electric lights arise from one of three causes. First, a crossing of wires ; second, the jumping of currents from one wire to another; third, from over- j loading of wires with a greater amount , ... ! of current than thev are calculated to February Sth i T j , , be feared hy any of the above named THE ELECTRIC LIGHT. As the city is shortly to le lighted with the electric light and there have been many enquiries regarding the dif ference between arc and incandescent lamps, the following points from the pen of Mr. V. O. Faulkner, who has charge of the system in this city, will be of much interest. He says: There are two systems of electric lighting, the arc and incandescent. The arc is a light of great intensity, concentrated in one spot, slight!' changing in color, and made to give the light of from 1,000 to 0,000 or even 10,000 candle power. The standard light being of 2,000 candle power. It is used generally to light streets, public buildings and large stores. The dymn'nns to be run by water power in Nuuanu valley are so constructed that if one or more lights are thrown olF in any part of the circuit the automatic regulator in the machine controls the current, with out the introduction of assistance, and with a corresponding reduction of power. To illustrate : if forty-five lights were in use on a circuit and forty of them should be turned off" simultaneous!', the dyn amo would be perfectly controlled by the automatic regulator without any atten tion on the part of the engineer in charge, so that the remaining lamps would receive only their proportion of electric current, and the power reduced to that sufficient to run them. This feature is possessed by n5 other company or machines in the world. The energy or horse power required to run a lamp of 2,000 candle power is estimated at 7-10 horre power per lamp. The incandescent is a small, soft,, steady light, of the brightness of an ordinary gas jet of the best quality, and is specially adapted for domestic and in dustrial purposes. These two systems of lighting are radically distinct, a fact which must 'e !'irne in mind when comparing the ii candescent system with the arc light. The lamp consists of a pear-shaped glass tlobe ab ut 4..$ inches in height, exhausted of air, into which is sealed a filament of carbonized bam boo slihtiy thicker than a horse hair. This filament, becoming incandescent by the passage of the current of electric ity through it, emits a beautiful, soft, white light, absolutely steady and con stant, and equalling in intensity, or ex ceeding if desired, the illuminating power of a gas jet of the best quality. The lamp, once screwed into a socket, which has a key whereby the light in lamp may be turned on or olf at will, and no further attention is required until the carbon breaks, when the old hymp is unscrewed and a new one screwed in, the work of a few seconds. The lamps vary in the number of hours that they burn, but their average life, at rated candle-power, exceeds 800 hours of actual burning. Many of the lamps in Iolani Palace have lasted over 1,0C0 hours. Each light is entirely inde pendent of the otheis, and may be. ar ranged and controlled singly, in pairs or in groups of any desired number, and may be placed in any position whatever, inverted or otherwise. The lamps are made to give the light of 10, 10, S2, 50 and 100 candles, respectively. The incandescent lamp gives little or no heat (less than 1-15 as mucli as gas), may be grasped by the naked hand with out inconvenience, is absolutely free from odor and poisonous or noxious gases, neither heats nor vitiates the sur rounding atmosphere. The most deli cate of fabrics are not scorched or in jured by being wrapped around the lamp when burning at its normal intensity. The lamp does not explode, and even I if the glass should break by any accident the carbon is instantly consumed, and the light goes out immediately and harmlessly. The light, although bright and clear, is not injurious to the eyes, even if used close to them. Indeed it is found that in practice weak eyes, prev iously injured by gas, may use the light with impunity. The dynamo which supplies the cur rent for the lamp, consists of a powerful electric magnet, between the poles of which an armature or inducing coil re volves. The motive power can be either steam or water power. There is no dan ger to life, health or person in the cur rent of incandescent low tension dyna mos. The electric current is so feeble that the wires at any part of the system, and even the poles at the generator itself may be grasped by the naked hand with out the slightest effect. In fact, the current is scarcely perceptible to the tonch. Another feature in the incandescent system is the freedom from the danger of fire. This is secured by means of a small automatic device called a cutout or safety-catch, and may be compared to an overflow pipe in a water system, or to a safety-valve on a steam engine. This 6afety-catch consists of a small piece of wire fusible at a low temperature, which is placed in every circuit or branch of tfye main wire. If, therefore, the wireg causes. And now with the healthful ness of the light as compared with that, of gas, its freedom from odor and from danger by fire, its steadiness, adapt ability, completeness and beauty, there can be no doubt that electricity is unsur passed by any other method of artificial lighting. IHstoutiiii THE VETO. Opinio 11 of Dole. Jlr. 3 tin : ice The Legislative bill entitled "an Act to provide for the discharge of certain duties heretofore performed by Governors of the different Islands," was presented to the King. Before the lapse of ten days he returned it to the Legislature, unsigned, accompanied with a commun ication setting forth his objections to the bill. This communication was not countersigned by a member of the Cab inet, and it is in evidence that such re turn of the bill with the statement of the King's objections thereto, was without the advice or consent of the Cabinet. The issue raistol by the pleadings in the case before the Court is, whether this bill became a law upon the lapse of ten days from the time it was presented to the King, according to the provisions of article 4S of the Constitution. Article 4S reads as follows: "Every bill which shall have passed the Legis lature, shall, before it becomes a law, be presented to the King. If he approve he shall sign it and it shall thereby be come a law, but if not, he shall return it with his objections to the Legislature, which shall enter the objections at large on their journal and proceed to re consider it. If after such. reconsidera tion it shall be approved by a two-thirds vote of all the elective members of the Legislature, it shall become a law. In all such cases the vote shall be deter mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of the Legislature. If any bill shall not be re turned by the King within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature by their adjournment prevent its return, in which case it shall not be "a law." The respondent claims that the bill in question, having been returned unsigned by His Majesty, with his objections, to the Legislature, and there having been no reconsideration thereof by the Legisla ture, it has failed to become a law by virtue of article 48. The complainant, on the other hand, contends that article 48 is qualified and controlled by the latter clause of article 41, which reads: "No act of the King shall have any effect unless it be coun tersigned by a member of the Cabinet, who by that signature makes himself responsible," and by article 7S, which reads as follows : "Wherever by this Constitution any act is to be done or performed by the King or the Sovereign, it shall, unless otherwise expressed, mean that such act shall be done or performed by the Sovereign by and with the advice and consent of the Cabinet," and therefore, that the King's act in returning the bill in question to the Legislature with his objections thereto, without the advice and consent of the Cabinet, and without the signature of a member of the Cab inet upon the statement of t'.ie King's objections to the bill was invalid and not an objection to the bill requiring a re consideration, as contemplated by the Constitution. This position is met by the respondent with the argument that the act of re turning a bill to the Legislature by the King, with his objections popularly termed a veto is a legislative Act and not an executive one, and that the above quotation from article 41 refers only to executive Acts. In support of this view he refers to article 31, which says: "The person of the King is inviolable and sacred. His Ministers are responsible. To the King and the Cabinet belongs the executive power. All laws that have passed the Legislature shall require His Majesty's signature in-order to their validity, except as provided in article 4S ;" and to article 41, the first part of which has the following: "The Cabinet shall consist of the Minister of Foreign Affairs, the Minister of the Interior, the Minister of Finance and the Attornev General, and they shall be His Majesty's special advisers in the executive, af fairs of the Kingdom." The respond ent offers the further proposition that the expression of article 4$, in reference to the application of the Royal signature to legislative bills and the refusal thereof, withdraws such Acts from the rule laid down in article 78; that is, that the ap proval and veto of bills by the King are not required to be by the advice and consent of the Cabinet, because it is "otherwise expressed," or provided, in article 4S. The conflict of opinion as to the mean- I ing of the Constitution, brought to the attention of the Court by this case, arises partly from the support giv n by articles 31 and 41 of the Constitution above quoted in favor of the theory that the Ministers are the advisers of the King only, "in the executive affairs of the Kingdom," and therefore that they are not his advisers in legislative matters; and, it is argued by the respondent that when a veto message is sent to the Leg islature, it being a Legislative Act, it is not covered by the provision of article 41, that "no act of the King shall have any effect unless it be countersigned by a member of the Cabinet, who by that signature makes himself responsible." There is nothing in the context which tends directly to show that this provision is limited to executive acts and this con clusion must be arrived at if received at all, through the mental process of ar- in the light of the whole of article 41 and of article 31, it is equally necessary to consider it in the light of article 78, which comes after the others and there by has the greater force, which is sweep ing in its terms, and which admits of 110 exception to Hi application unless such exception is expressed in the statement of the act to be performed by the King. Chief Justice Story, in the lOJth sec tion of his Commentaries 'on thy Con stitution of the United States, says, "A constitution of government founded by the people for themselves and their pos terity, and for objects of the most mo mentous nature, for perpetual union, for the establishment of justice, for the gen eral welfare, and for a perpetuation oi the blessings of liberty necessarily re quires that every interpretation of its powers should have a constant reference to these objects. No interpretation of the words in which these powers are granted can be abound one which nar rows down their ordinary import so as to defeat those objects. That would be, to destroy the spirit and cramp the letter." This statement of one of the principles upon which the Constitution of the United States should be interpreted, is as applicable to our Constitution, which we learn from its preamble, was founded by the people of the Hawaiian Islands and proclaimed by the King as their representative, for the securing of civil rights and enlightened constitutional government, and for the restoration of order, tranquillity and necessary public confidence. The Constitution signifies a new departure, it abrogates the old con stitution, which it declares subversive of civil rights and incompatible with en lightened constitutional government. Our Constitution, then, must be inter preted with a constant reference to civil rights and enlightened constitutional government. Reading it carefully through and considering it as a whole, we find that it exhibits a definite and consistent purpose to attach ret-pons-ibility to power in every case. 1 under stand by the Constitution that all powers not expressly given are reserved by the people, the source now of all political power, and that they intended that gov ernment should be conducted solely for the benefit of the people and not for the benefit of rulers. We find, upon an ex amination of its provisions, that the King may appoint an heir with the con sent of the Nobles, that he may proclaim war by consent of the Legislature, that he may with the advice of the I'rivy Countil convene the Legislature to ex traordinary sessions, that he may make treaties affecting the tariff with the ap proval of the Legislature, that he may coin money and regulate the currency by law, that is, through a legislative enact ment, that he may remove members of the Cabinet upon a vote of want of con fidence by the Legi lature or upon their conviction of felony. In all these cases he acts without prerogative, and by virtue of the advice, consent or con clusions of responsible officers or depart ments of government. Then in regard to the rest of the constitutional acts of the sovereign, some fifteen in number, we have the sweeping provisions of article 7S, which, it seems to me, may be reasonably said to apply to all constitu tional acts of the sovereign whether ex ecutive or legislative, unless an ex ception is made in the definition of the act itself or of the method of performing it. The cases that I have referred to, in which the King's performance depends upon the action of responsible officers or departments of government, would seem to be the exceptions contemplated by article 78, in its proviso "unless other wise expressed." This brings us to the question whether article 48 contains expressions which take the act of vetoing a legislative bill out of the rule laid down by article 78. And I will here refer again to Judge Story's rules of interpretation : "Constitutions are not designed for metaphysical or logical subtleties, for critical propriety, for elaborate shades of meaning, or for the exercise of philo sophical acuteness, or juridical research. They are instruments of a practical na ture, founded on the common, business of human life, adapted to common wants, designed for common use, and fitted for common understandings. The people make them, the people adopt them, the people must be supposed to read them with the help of common sense and can not be presumed to admit in them any recondite meaning." Story's Com., sec. 210. Also to Cooley's Constitutional Lim itations (5 ed.) 72. "Narrow and tech nical reasoning is misplaced when it is brought to bear upon an instrument framed by the people themselves for themselves and designed as a chart upon which every man learned and unlearned may be able to trace the leading princ iples of government." The proviso of article 78 is "unless otherwise expressed." In the case- of exceptions above referred to, it is pro vided that the act shall be done by the King by virtue of some other authority, as for instance, it is provided in article 28, that "in any great emergency he (the King) may, with the advice of the Privy Coucil, convene the Legislature in ex traordinary session." In article 48 the provision in regard to the act of veto is as follows: "If he approve he shall sign it and it shall thereby .become a law, but if not he shall rXurn it, with his objections, to the Legislature." 1 fail to see any language here which ex cepts the veto act from the rule of article 78, or which appears to do so. Such ex ceptions must be unequivocally expressed in words. It is not sufficient that a skill ful logician might base a respectable argument on the above quoted words in favor of the theory of the respondent. If the words taken in their common, plain, e very-day meaning do not express an exception on their face, then none can be inferred or forced from them by subtle reasoning. There is no more dif ficulty in the proposition that the King approves or disapproves by and with the advice of the Cabinet than in the other proposition that he signs or refuses j to sum bv and with the consent ot the ! Cabinet. We may go further thau this and be strictly within the principles of interpretation ; if the words are fairly susceptible of both interpretations which 1 do not admit that one must be adhered to which is in sympathy with the spirit and purpose of the Constitu tion; the object of the Constitution is the securing of civil rights and enlight ened constitutional Government. It seems to me that the grant of the power of veto to the King, independent of all advice or responsible authority, would be an obstacle to the securing of civil rights, a cause of division and conflict between the Crown and Cabinet and a menace to public tranquillity, and there fore inconsistent with the spirit and ob jects of the Constitution, and unlikely to have been intended by its framers. Is the power of veto as a Royal preroga tive, and which can only be overridden by a two-thirds vote of all the elective members of the Legislature, consistent with enlightened constitutional govern ment? This is a matter of opinion, but the status of the two greatest constitu tional Governments on earth those of England and the United States of America give an unqualified negative to this question. The development of the principle of government by the House of Commons has rendered obso lete the veto power of the English Sov ereign. tCooiey's Constitutional Limi tations, 15, note 1.) In America, the President holding office for a brief term and liable to impeachment, may at his own discretion veto a bill from Congress, but it may be passed over his veto by two thirds of a quorum of each House of Congress. The contention of the respondent, if correct, makes the veto act a roval pre rogative; but the Constitution in article 30 has defined the Royal prerogative as follows: "It is the King's prerogative to receive and acknowledge public Min isters ; to inform the Legislature by Royal message from time to time of the state of the Kingdom, and to recommend to its consideration such measures as he shall judge necessary and expedient." This being an affirmative grant of pre- rogatives to the King, implies an exclu sion of all others, and is especially de cisive against the admission by means of the interpretation of doubtful expres sions of another prerogative of serious consequence and not in sympathy with the general tenor of the Constitution. The word prerogative, as used in refer ence to the powers of a Sovereign, has a definite meaning gained through the great confiict between the Crown and Parliaments of England ; it may be said to have no other meaning than given bv Webster's Dictionary 111 the following definitions: "An exclusive or peculiar privilege; prior and indefeasible right; fundamental and essential possession ; used generally of an official and heredi tary right which may be asserted with out question, and for the e.xnn-isn of which there is no responsibility or ac countability as to the fact and the man ner of its exercise." If the respondent is right in his theory of the case, the Sov ereign is entitled to a prerogative in ad dition to those enumerated in article 30, and of great importance and far-reaching consequences. I am unable to ar rive at this interpretation. The question whether the act of veto is executive or legislative in its nature might be of im portance in this case if the 78th article did not exist, and the 41st and 31st arti cles remained unaffected by other ex planatory words, but there can be no question that the 78th article makes the Cabinet the advisers of the Crown, with a controlling authority in all matters of of state, legislative as well as executive, except as to those matters which the Constitution otherwise provides for. If the 48th article is not controlled by the 78th article it can onlv be because its own language distinctly makes it an ex ception, which, as I have more fully stated above, it does not do. It may not be necessarv that the veto message should be coutersigned bv a member of the Cabinet, but it is neces sary that it should be bv and with the advice and consent of the Cabinet, how ever such consent may be evidenced. It seems tome, therefore, that the law in question is valid, and that under is provisions the respondent is bound to deliver to the complainant the records referred to in the complaint. Saxford B. Dole. Honolulu, February 6, 1888. The Attorney General, C. W. Ashford, for the petitioner; Messrs. Hatch and Rosa for the respondent. iKrSsnntnts. Underwear ! Underwear A FULL AND COMI'LETK STOCK OF LADIES' MUSLIN TJNDERWEAlfr 0 AT THE Popular Millinery Hon st. 104, Fort St., Honolulu. S. SACHS, PEOPEIETOH. am-v. Ladies' Chemises. Low, Square Cut, and Good Fitting, in Plain, Fine and I Ladies' Skirt Cliemise.g Ten Dozen Extra Large Size, Fine Cambric and Trimmed with r. 1 will be Ottered at a Sacrifice. "'1 Ladies' jMotlier ELibbard jNTiglit GroviliS Plain Tucked Yokes, Lace or Embroidery, very handsome and well ny,v Ladies' "White Skirts. An Immense Variety at Low Prices, Handsome Enibroi. leiv.I I'l, Skirts, Linen Lace Trimmed Skirts, Kuflled and Tucked Skirts -it Pri -.. the Timet,. K t,J -:: Ladies' Corset Covers. Low, Cut Square, Neatly Made, and Good Fitting High Necked Cm.f r with Embroidery Yoke. ( 1 LADIES' BLACK SILK HOSE A fineassortment. nil K,w ..n , i:,: ... I )IES' BLACK SILK HOSE A fine assortment, all sizes, all offer a fine Black Silk Hose at .f-2, the best value in town. qualitiV: 1876. GEO W. LINCOLN. 3 886 BUILDER. 75 and 77 TCinp- Street, - Irion o In hi Bell Telepliono Jf. t27.. 65 .Mutual T-Iioiic J O FI N TNT O 1 1 Stoves, Ranges and Housekeeping Gvtxis. Plumbing, Tin, Copper mvl Sheet Iron Work C7 H. E. Mel 11 tyre & Bro., IMPORTERS AND DEALKJUS IN Groceries, Provisions and Feed. EAST CORNER FORT AND KING STREETS. NW f4rknrlo raAl -w1 v. . Produce by even' s.eamV , tr e .ra Europe. r,sh Canforrr. city free of c-harep T . "uu to, arm uoorts l-liv r. ! to any l!'e Telephone No f d'FS soI5c,tefl- ati.sfuction jmararmt-d. P,,st.l!i lix No. Hi MAMMOTH SHITMEVr OF IIAY AXD ORAI5, Just received and for Sale at LOWEST MARKET PRICE. F00K LTJN & CO., 113 Nuuanu Street, IMPORTERS AND DEALERS IX j Chinese & Japanese Goods, TO SUBSCRIBERS. COMMIT.- L T7'RSr'T?TT'FT?a TO TUV. PACIFIC O CIAL ADVERTISER who fail to n-eeiv thr parers reL'ularlv are reouested to communis." the fao.t A fv, nfi,a iHtl.rni idelav. Mutual l- ephone No. 78. NOTICE. MESSRS. J. E. BROWN k CO. ARE AlTI I JB ized to collect subscriptions for the ti-4"' PACIFIC COMMERCIAL ADVERTISER. Honolulu, January 17, 1888. jNTOTTCE Fire Crackers, New Designs in Cups and Saucers, Tea, Cigars, and all kinds of Fancy Goods. Regular shipments by every steamer. TO ARRIVE BY T1IK S. S. Australia To-il ! Apples, Sweet and linking. Pears. Prunes. Jams ami J8, Canned Fruits. Potatoes, Onions. Ciarlic, Cabbages. Cauliflower, Ktf Walnuts, Hazel Nuts. Italian Chestnut. Almond Nut-". We have now a steam nut chine in full running order. roasting w POST OFFICE BOX ly NO. 255. ?-Tvventy-tive extra heavy corn turkeys on. hand. ' California Fruit Market. Kiii sr Street.