The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-10


Supreme Court at both morning ant
afternoon sessions yesterday. 1t cam
UP on an appeal by the plaintiffs from
Circuit Judge Gear, who refused a wri
OF mandamus applied for by Governo
Dole and colleagues forming the Boar
of Public Institutions to compel the re
spondent, H. e. Cooper, Superintendent
of Public Works, to hand over to tina
body the public buildings, institutions
wharves, works, ETC., which the Count!
Act gave to its control and supervision
The decision appealed from declared
the Board of Public Institutions al
Illegal body In it's contravening the pro
vision Of the Organic Act that the Gov
ernor shall appoint any boards Of {
public character that may be created
by law" It went further and decided
in favor of the petitioners, that 1t wa.
not competent for the courts to inquire
whether an Act signed by the Governor
upon certificate of its passage in prop
er manner by both houses of the Legis-
udu III ldSt pdSScu thC ehiS
readings in each house prescribed by
the Organic Act.
Attorney General Lorrin Andrews ap-
peared for the petitioners, and S. H.
Derby Of Kinney & McClanahan for
the respondent. Mr.. Andrews opened
the argument, citing many authorities
for the legality of the Act
Mr.. Derby followed for the respond
ent, speaking about an hour in the
morning and fifty minutes in the after
noon. He contended that, among all the
cases quoted on both sides. those hold
ing that the courts might not inquire
into the legislative facts back of the
executives signature were from juris-
.dictions where a similar constitutional
provision as that of this Territory did
not exist, namely:
Sec. 46. That bill in order to be-
come a law shall, except as herein pro-
vided, pass three readings in each
house, on separate days, the final pas
sage of which in each house shall be by
majority vote of all the members to
which such house is entitled. taken by
ayes and noes and entered upon it's
journal"
Mr.. Derby argued strongly against
the power, assumed by the Legislature
in this case, of wiping out the func-
tions and duties of an office created by
the Organic Act, that of the Suoerin-
tendent of Public Works. He also laid
stress upon Sec. As of the Organic Act,
claiming that it had been violated by
the County Act. This section reads:
THAT each law shall embrace but
one subject, which shall be expressed
in its title.'
In summing up, counsel for the re-
spondent emphasized the various Sec
tions of the Organic Act which he ,
maintained were transgressed by the
County Act, namely: Sec. 80, referring
to the Governors appointing power;
Sec. As, to the title of laws; Sec. 70, to
the powers and duties of the Superin-
tendent of Public Works, and, finally,
Sec. 46, to the reading of bills. Upon
the last he held that the whole Act was
illegal because it had not passed three
readings in the House of Representa-
tives.
Mr.. Andrews made a brief reply 1t
was agreed on both sides, the Attorney
General said, that the court should be
reluctant to declare the County Act, or
any vital parts of it, void; also that
the Act should have but one subject
which should be embraced in it's title
On the last point he maintained that
the constitutional provision was duly
observed in the County Act, having this
title:
IAN Act Providing for the Organiza-
lion and Government of Counties and
Districts, and the Management and
Control Of Public Works and Public
Therein"
The Act was most comprehensive in
is scope. 1t left no area of the Ter
itory out in it's provisions for county
government. OF necessity it must in
erfere with certain functions of the
Territorial Government as established
~ Congress in the Organic Act. There
vas but one tax assessor in each
ounty, who must collect taxes for both
he county and the Territory. There
must be some authority for dividing the
money so collected. 1t was left doubt
ul by the County Act who was to col
ect certain classes of revenue such as
cense fees. d
Hhe Attorney General referred to the &
rovisions of the County Act relating to d"
'ahu prison, whereby part Of it was to O
e the Territorial penitentiary and part &
ne Oahu county jail. and asked. rs II
lie word Territory to be obliterated al n
)gether?"
There was hardly anything worthy Of II
Mr.. Andrews proceeded n
say, in the argument Of counsel op- ri
osite except the question raised about n
lie Board of Public Institutions. >,
here were public buildings all over the 4,
lands. II 1t was germane to put these :, :.
nder the Superintendent of Public o
forks, or the Attorney General, then
was just as germane to have them
aced under a Board OF Public Institu- CT
ons. di
Where 1t was such a sweeping Act, b
aving out no area of the Territory-a 81
mplete change of government in fact 81
LII