Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-07-18
CITIZENS DUTY IN COUNTIES
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County Act. True, the conflict is not
ended. There is pending an appeal to
the courts for deliverance from popu-
lar government in that the whole Coun-
ty Act is attacked, but my impression
is, that this appeal will fail in the
Of public opinion, and In the halls of
legislation
Mr.. Stewart then gave an outline OF
the County Act, laying stress upon the
duties Of the Supervisors ard the ne
cessity Of electlng good men. In the
course Of his analysis, he touched up
on the litigation now pending in the
courts, and said:
Issue In the Courts.
Il do not think that we need fear
that the entire County Act will be de-
clared invalid. The main point at is
sue is the Territorial Board Of Public
Institutions. The Legislature in the
County Act established such board,
making the Governor, the Secretary OF
the Territory, the Treasurer, the Aud
itor and the Superintendent of Pub.
lie Instruction members Of 1t. 1t gives
the Board control of territorial, penal
and charitable institutions, of the ex-
ecutive and judiciary buildings, Of the
harbors and wharves, and fixes the
duties of the board in connection with
the same. Indeed, the chapter in the
County Act covering the Territorial
pnard NJ puhlio institutions NAV ha
called a chapter legislating the Super
intendent of Public Works out of Of
fee, as II takes from that officer prac-
tically all Of the powers and duties
conferred upon him by our general
statutes, and which from the earliest
period belonged to the Minister OF the
Interior.
Decision Of Court.
NO wonder the Superintendent of
! Public Works has challenged that pro-
vision OF the Act. Almost any public
officer would do just what the Superin.
tendent has done, and the Circuit
Court has agreed with him and has
declared the chapter invalid, substan-
TALLY on the ground that II conflicts
with that section of the Organic Act
which provides that each law shall EN-
brace but one subject, which shall be
expressed in its title. The Circuit
Court holds that the title of the County
Act is dual in that 1t provides Us)
for the organization and government
oil counties and districts, and (2d) for
the management and control of public
works and public institutions therein,
the contention being that there should
be an Act providing for the organiza
ton and government of counties, and
another Act providing for the manage
mcnt and control OF public works and
public institutions.
win Not Cripple Act.
Now, II the Circuit Court should be
sustained by the Supreme Court 1t will
not upset or cripple the County Act
The effect will be simply TO leave the
Superintendent of Public Works
where he now is, and instead of put
ting the Territorial institutions and
property within the counties in the
hands of the board, they will remain
under the control of the Superintend
ent of Public Works, as Is now provid
ed for by the general statutes Of the
Territory.
Machinery Is Complete.
1.-THE county machinery is complete
There remains only the election tc
get 1t in running order. Registration
and election are provided for, and
they will be substantially what they
now are under the general statute. The
election will be held on November Sd
The county officers will enter upon the
discharge OF their duties January the
4th and they will serve for one yeal
only, as there will be another election
next November, and, thereafter, the
elections will take place every two
years, bringing them at the same time
as the general elections.
Nothing to Prevent Election.
THE Governor OF the Territory Is
charged with the duty OF issuing O
proclamation sixty days prior to No
vember Bird. | do not believe that he
will hesitate for a moment to perform
every duty enjoined upon him by the
County Act. although the Act is being
tested In the courts. The Secretary Of
the Territory is charged with the duty
of preparing election blanks and put
ting the election machinery generally
In shape for running. do not believe
that he will hesitate to perform one
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