The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-27
Who IS At THE HEAD
OF THE PUBLIC
WORKS
THE QUESTION RAISED BEFORE
THE COMMISSION TO ASSESS
DAMAGES IN WAIKIKI ROAD
WIDENING CASE. -

Who is superintendent of Public
Works? Is it James H. Boyd or Henry
Z. Cooper?
The question was formally raised and
the machinery set in motion for a ju-
dictal determination, this morning be-
fore the commission appointed to as
sess damages and betterments for the
property affected by the widening of
the Waikiki road from King street to
Kapiolani park.
The commission consists of Willard
+. Brown, Jacob f. Brown and +. j.
Testa. 1t met at the office of j. F.
Brown the chairman at 10 o'clock this
morning. Henry e. Cooper was there
representing the government. EX-
Judge Stanley and George A. Davis ap-
peared to represent w. II. Cornwell, A.
Ahrens and j. f. Bowler the owners of
a tract of about twenty acres of land
abutting on Waikiki road, a part of
which is required for the widening
Bruce Cartwright appeared as the re-
preventative of the Queen Emma es-
tate. These are the principal property
owners who have not yet settled with
the government.
The commissions under which each of
the commissioners is acting is as fol-
lows
Territory of Hawaii, Department of
Public Works: Be it known, that in or
der carefully and scrupulously to dis
charge the duties imposed on me by
Section rs of an Act to Provide a Gov
ernment for the Territory of Hawaii
and by the laws of Hawaii, l have con-
stituted and appointed and by virtue
of the authority in me vested, do here
by constitute and appoint w. e. Brown,
J. f. Brown F. j. Testa a member of a
Board of Commissioners to assess the
amount of damages to be sustained by
such claimants as have failed to agree
with the government in the compromise
of their claims and to assess benefits or
betterments in the matter of the widen
ing of the Waikiki road from junction
of King and Waikiki Road to kapiOlani
Park, to do and perform all the duties
set forth and described in the laws
of Hawaii which are applicable to said
office, and subject to removal as by the
law prescribed.
I'm witness whereof, 1 have hereunto
set my hand and the seal of the De-
partment of Public Works this 18th day
of October 1902.
(SeaD. HENRY E. COOPER,
Superintendent of Public Works.
Upon the meeting of the commission
Judge Stanley raised the point of the
validity of the appointment of the COM
mission. He said that he was perfect
ly satisfied with the men on the COM
mission, and he had no objections to
Henry e. Cooper as Superintendent OF
Public Works. But he claimed that
there could be but one Superintendent
of Public Works at a time under the
territorial act, and as James H. BOYD
had been appointed confirmed and
qualified, he must be the Superinten-
dent and the only superintendent unit
he was removed by death, resignation
expiration of term or otherwise. There
had been no public notification thai
Boyd had been removed or that he hac
resigned or that Henry e. Cooper hat
been appointed in his place.
Judge Stanley based his objection OF
two points, first and principally, tha'
James H. Boyd is still Superintendent
of Public Works, and therefore this
commission not being appointed by hin
is not legally constituted; and second
that whether Boyd is superintendent o.
not, in fact, there has been no public
announcement by authority that he il
not still superintendent, or that Henr!
Z. Cooper is.
Mr.. Cooper appearing for the govern
ment said he thought there could be III
question of the sufficiency of the ap
pointment of the commission, or tn
conclusiveness of it's findings. Whil
it was true that James H. Boyd hat
been appointed, confirmed and qualified
the governor, the power and authorit!
given in the territorial act, had ap
Continued on page f1ve.)