The Hawaiian gazette., 1902-04-29
USE MONEY FOR
KAPIOLANI PARK

The holding up of bills amounting 10
$1,000 for the running expenses OF Ka-
piolani Park, by the Superintendent of
Public Works, owing to n question as
to whether or not the bills could be
authorized for payment by him, was
the subject of discussion in the meet
Ing of the Governors Council yester-
day morning, when the following opin-
ion directed to j. II, Boyd, Superin-
tendent Of Public Works was present.
ed by Attorney General Dole:
j am in receipt of your communlca-
ton of April 23rd, which IL as follows:
j have to inform you that bills have
been presented to this department for
approval, dating from July list, 1901 to
April both, 1902, amounting to 100000,
for the running expenses of the Homo
lulu Park, more generally known as
the kapiolani Park.
The appropriation for this purpose
reads. Honolulu Park Commission tSu-
perlntendent OF Public Works to be
member) and Act SO uS96) of IAN Act
To provide for the permanent settle
ment Of Kapiolani Park" provides
that said park shall be held in trust
by six persons for the main
tenance of free public park and to
do all other acts The Commis-
sioners as provided for by said act
were appointed by the Governor prior
10 the passage of the appropriation act
OF 1871, which provides as above stated.
1t Is important and necessary for
the proper care of this public park that
the appropriation for the maintenance
OF the same should be made ayaila BILE
rs soon as possible, and | would there
fore ask you to give an opinion ON the
following:
.First-Does the wording OF the aD-
preparation, which states THE Superin-
tendent of Public Works to be mem
ber." make 1t mandatory that he shall
be member prior to any funds being
drawn from said appropriation, or un-
VI such time as vacancy may occur
by which the Superintendent OF Public
Works may be appointed n member?
Second-If so. how can the Superln-
tendent OF Public Works be appointed
q. member of said Park Commission
when the same was filled prior to the
passage of said app priation act?
Third--Do the provisions of the said
appropriation act make the Superin-
tcndent Of Public Works a member of
me commission, or. In other words.
does the appropriation act, by the adj
dltionnl clause therein, provide for a
seventh member in said board I'm the
person of the Superintendent OF Pub
lie Works?
Fourth-Does the law above quoted
authorize the payment of funds from
the appropriation while the Superin-
tendent of Public Works IL not a mem-
Der?
Act 80 OF the Laws of 1896 creates a
park commission of six members, two
OF whom retire from Office every two
years. | think the condition attached
TO the appropriation act OF 1901 adds
the Superintendent OF Public Works as
seventh member, ex-ofiicio. / think
Mr.. Mccandless became eX-officio
member OF the commission upon the
taxing effect of Act of the Laws of
1901, and upon his retirement and your
appointment, that you became "A mem
Der In the same capacity.
This was the only news of the pro-
ceedings given out by Secretary Hawes
for publication. II is understood that
In future only such news will be given |
to the press as VIII not interfere |
with proper discharge OF adminIstra-
tive affairs or defeat ends to be achiev-
ed