The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-06
IS
INVOKED
Attorney General
Must Settle
Question.
TAX COMMISSION
AND ITS MONEY
Authority to Draw Depends on
Time and Methods
as Well.

What legal standing the new Tax
commission authorized by the concur
rent resolution of the Legislature vii,
have is to be decided by Attorney Cen.
eral Dole, but even this will not delay
or embarrass the movement of John
Emmeluth, the president of the new
commission.
The question was submitted to the
Attorney General yesterday afternoon
by the Treasurer, after a conference
With the Governor, at which the Audi
tor was present. The three officials
gave the matter their close attention
and, finding that there are several ques-
dons which enter into the validity of
any drafts upon the Treasury. 1t was
decided that there must be an official
decision from the law officer before the
ultimate decision is reached
The points upon which attention CEN
ters are these: First, the resolution was
passed on May 1. the day following that
ON which the Governor decided the legal
session ended second, the resolution
being joint one the binding force of 1t
not such action. being without the sig
nature of the Governor, constitutes a
valid act upon which money may be
paid out, These constitute the legal
grounds for the query from the Treas
urer, and upon the decision hangs the
right of the commission to send it's
president on a junket. It is known
that the commission is willing and de-
termined. for the members have signi-
fed their desire that moneys appropri-
ated under the head of Tax Commits
sion, in amount $4,000, shall be drawn
upon demand signed by Mr.. EmmeIuth
The Independent leader will leave to-
day for his vacation trip without know
ing what determination has been made
of the matter, but that will not cause
him to overlook any of the matters
which he has taken upon himself at
this time. He said yesterday: Il shall
make the Investigations planned with
out regard to the decision as to the
right to draw the money appropriated
by the Legislature. My trip will be ex-
tended for six weeks or two months, and
shall try and get hold of all the facts
which we will need to make our report
to the next Legislature. There will be
a full report to that Legislature, even
if there should be a decision that the
body does not exist In the legal sense
T n l,p al f
ed for it by the past Legislature We
consider that such report is necessary
and we will not be baked in making it.
Il have entered into the fight for the
people and will keep it up to the end
There will be made Investigations along
the lines which we laid out in the early
days of the session; we will work on
lines which will tend to equaliZe the
burden of taXation to all the people, and
1 have no doubt that the result will be
a report which will have influence upon
the formation of the plan of taxation
which surely will be passed by the next
session of the Territorial legislature
! There is much discussion as to the at
titude which will be taken by the tx
ecutive in the event that the resolu-
tion is decided to have no binding force
and the commission is left without le-
gal standing. 1t is held by some of
the men in authority that should this
commission have no standing the COM
mission which was authorized by the
Legislature of s1S9s may be revived and
it's work pushed. On the other hand,
there is, in the opinion of some persons
at the heads of various departments.
no ground for the appointment of such
commission now; at least not until
L., SI,r
assessment which has been made, and
a determination Of the revenues which
it will turn into the Government vaults.