Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-12-15
.MattheWman Attacks
The County Act
And HartWell Defends

U. Smith, calling TO order yesterday |
afternoons meeting in the Castle &
Cooke hall, stated that the members
had been asked to assemble to hear a
communication in reference to the aC-
ton of the town meeting at the Or
lpheum on Friday evening last, at which
resolutions were adopted appealing to
the Bar Association to arrange tor a
test case Of the County Act in the Ter
ritorial Supreme Court.
Secretary J. A. Matthewman read the
letter referred to, letter OF transmit
tai from J. l.. Holt, who was sect etary
OF the public meeting.
A. S. Hartwell, rising, moved that
the executive committee arrange for
test case of the County Ac and also
ARRANGE for counsel on either side to
serve without compensation f. p
! Dole seconded.
Mr.. Hartwell, following his motion
with q few remarks. said that, in his
opinion, a somewhat unusual action
had been taken by the public meeting
While the proposition was very un.
usual, however, he thought the attitude
of the people as taken at the town
meeting an expression of confidence
In the Bar Association.
Mr.. Hartwell thought all present
were of one mind as to what should be
done. If the County Act could be sus-
ltained it should be sustained. II the
mission of +. NJ Hatch at Washington,
in the endeavor to get Congress to rati-
fy the County Act, was successful,
test case in the Supreme Court here ii
rending, could be discontinued.
President Smith remarked that the
proposition of test case in the Su-
preme Court came as an appeal.
Judge Stanley appreciated the fact
that the Bar Association was rccogniz-
} ed as factor In local affairs, but did
not think tina matter should 30 through
without receiving the attention Of a
larger meeting of the association. The
idea OF test case In the Supreme
Court did not originate only. with the
Merchants Association, for "A number
Of the members of the Bar Association
had had II in mind.
there was any doubt as to the legality
OF the County Act, but of late it seemed
that certain prints had been calling
attention 10 the matter of Il test case,
with view to confirmation by the
Supreme Court or with the hope that
the Supreme Court might decide the
Act was not valid and 1t would be
knocked out and centralized govern
ment would continue until a special
session of the Legislature was called
The speaker did not favor the calling
of the Legislature.
. 1t was the general opinion, he said
that If part Of the act was knocked out
the rest would stand. Where was the
use in taking the matter to the Su.
preme Court II the Act will stand with
. out a contest
: To be sure, the members of the Ban
A Association are patriotic, said Judg,
. Stanley, and just as willing to serv,
!. without remuneration. During the
| stirring times OF the revolution the
y Bar Association had rendered service.
!. without emOlument
/. Judge Stanley went on to say that
|. no contest had as yet arisen over The
II County Act. In a test case, IL thei,
h was to be one, the pleadings woulC
). have to show some matter of contro
d versy; a test case could not be insti
o tuted merely to please the public
r Matthewman said he thought tn,
# gentleman had wandered from his sub
@ ject; the only thing at present to b.
/ considered was passing upon the re
quest of the mass meeting and the mo
ton already made was to refer tn,
matter to the executive committee
blatthewman heartily endorsed the mo
ton.
7. McCants Stewart expressed II al
his opinion that the matter should b,
gone into in judicial manner, withou
heat; he wished to contribute his nit,
of suggestion, he said, and read thu
following substitute for the pendln!
n resolution
!. Whereas. the Governor has initiated
d Il movement in the matter OF the Couu
l. ty Act: and
l. Whereas, this Association SHOULD
2. work in harmony with him in dealing
= with said matter; therefore,
4. Resolved; That a committee Of three
k be appointed by the President, he Il
be the chairman thereof to confer with
q the Governor upon the said matter
and to report to this Association II
It's next meeting their recommendation
"a IN how and when this A Association