The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-08

Oh the fHatter III d letter, WHICH Mf.
Smith read. as follows:
Executive Chamber, Territory of Ha-
wall, Honolulu. December Z, 1903.
George w. Smith, Esq, Chairman,
County Act Mass Meeting, Honolulu
Dear Sir: When on Saturday 1 ex-
pressed my qualification that your
meeting had been postponed until to-
night, I had entirely forgotten a pre-
vious engagement that had been
standing for some time. Therefore,
I send you this letter, which briefly
expresses the attitude of the admins
tration, and my relations to the Hatch
mission.
The seriousness of the Territory's
situation was first called to my at
tention Lby United States District At
torney Breckons. A few days later,
in order to understand the situation, +
invited a number of gentlemen to meet
with the Attorney General and myself
and discuss the matter. At that meet
ing the Importance Of prompt action
was made evident. There remained
less than month before the County
Act would take effect To secure an
I,
points within this time was impossible.
think all of the attorneys present
at that meeting were unanimous in
the opinion that the Supreme Court
would not decide on the Act as a
whole, but only on each question as it
was raised. The decision already
given illustrates the general rule laid
down by the Court. In that case as
many points as could possibly be
thought of were submitted. One
only was decided, and the rest left for
future consideration.
There being an appeal from our Su-
preme Court by writ of error, no mat
ter what it's decision, whether for or
against the County Act, it was pointed
out that a disgruntled taxpayer could
appeal to the United States Courts,
necessitating litigation involving not
less than a years time and conse-
quences of a serious nature. In the
practical working out of this ques-
tion, it seemed very doubtful that the
County Act, as a whole, would be de-
clared Illegal, but if at ALL would be
slowly disintegrated, as the courts de-
cided from time to time in what points
it was in conflict with the Organic
Act.
With such conditions confronting US,
what would be the status of the Ter
ritory and our community as a whole?
Looking at it in the worst light, l. e.,
the Act being thrown out entirely,
there would certainly be a period of
chaos before it would be possible to
call the Legislature into extra session
nj hay Of fJ1rth 1ay
making appropriations for those de-
partments which are to be turned ov-
er to the Counties-a situation hardly
creditable to the intelligence of our
community.
Now, suppose the Act was not de-
clared invalid, but attacked from time
to time in the different points? How,
under such circumstances, are we to
successfully launch county govern
ment? Would it not be continual
period of turmoil. of lack of confidence,
and one which would give our COM
munity as whole the reputation of be-
ing incapable of elf-government-an
accusation that every patriotic citizen
must resent.
The cutting out of the Territorial
Board of Public Institutions was not
a matter of great moment. The harm
was done in discrediting the County
Act. The moment public confidence is
lost, the difficulty of carrying out the
provisions of the County Act become
infinitely greater.
On the other hand, if the matter can
be, with the assistance of our Dele |
gate, put before Congress in the light
that we are attempting to build up in
dependent communities on traditional
American lines; that this subject of
government had been before |
two separate Legislatures; that the |
voters of the Territory were over |
in favor of such measure: |
that an act had passed the last Legis- |
lature almost unanimously, which as |
nearly as could be was satisfactory to /
the people and fitted our conditions; |
that owing to wide differences of opin- |
ion as to the Interpretation of the Or !
ganic Act and a doubt on the part of |
some as to the validity Of a small por-
ton of the Act, contest had arisen |
and the matter had been tested in the |
courts, which resulted in an adverse |
opinion, and this had so discredited the |
Act that it greatly reduced the chances