The Pacific commercial advertiser., 1903-12-25

County of Oahu, returnable at p. m.
the same day before Judge De Bolt.
The First Circuit Judge held court at
that hour, when the respondents pre-
sented an answer to the petition. j. A.
Matthewman and C. r. Hemenway ap-
peared for the Territory, and County
Attorney w. T. Rawlins and A. 5.
Hartwen for the Supervisors.
Petition and answer were submitted
without argument, whereupon the
court rendered judgment pro forma dis
missing the petition. An appeal to the
Supreme Court was noted on behalf Of
the Territory, which was forthwith per-
fected The hearing and determina-
ton of the appeal now only await the
convenience of the Supreme Court,
which being under adjournment until
January IL may hold a special sitting
for this emergent case.
Herewith are printed the answer Of
defendants and the Judgment of the
court in full excepting the titles:
DEFENDANTS ANSWER.
In answer to the plaintiffs petition
in the above entitled cause, the defend
ants severally answering, say:
l. That these defendants admit that
each and every fact averred in the
plaintiffs petition is true in manner.
and form as therein stated and set
forth and that their sole authority for
acting as Supervisors of the County
of Oahu is under and by virtue OF the
provisions of Act 81 of the Session
Law of 1903, and that the defendants
have been elected as Supervisors of
the County of Oahu in conformity
Herewith.
2. That these defendants deny that
the said County Act, being Act 81 of
the Session Laws of 1908, is invalid
or in contravention of any of the pro-
visions of the Organic Act of the Per-
ritory or unauthorized thereby, but
these defendants aver and submit that
the said County Act is valid exercise
of the grant of legislative power made
to the Territory of Hawaii in and by
the said Organic Act of Congress. be-
ing an Act entitled ITO provide a gov
ernment for the Territory of Hawaii. y
and that the said County Act in all re-
spects conforms to the requirements
of said Act of Congress.
g. That the said Organic Act ex-
pressly declares in Section So thereof
chat the legislative power of the Ter
ritory shall extend to all rightful sub
jects of legislation not inconsistent
with the Constitution and laws of the
United States locally applicable" and
that none of the provisions of the said
County Act are inconsistent with the
Constitution or with any law of the
United States locally applicable.
A. And further, that the said Act of
Congress expressly declares in Section
Sc thereof "that the legislature may
create counties And town and city mu-
inequalities within the Territory of Ha-
waii and provide for the government
thereof and that each and every
provision in said Act contained in re-
spect of appointive public boards or
appointive territorial officials havirg
the care and custody of public property
or otherwise howsoever is necessarily
qualified and modified and to be deem
ed as subordinate to the general au-
thority therein granted for creating
and providing for the government
thereof.
.. That this Court having decreed in
effect that the provision in said Coun-
ty Act providing for Board of Public
Institutions is invalid and of no effect,
there is now in legal effect but one
subject contained in said County Act
and that it does not follow that said
County Act is invalid in any other re-
spect than in respect of the said pro-
vision for Board of Public Institu-
tions, but on the contrary, that the
said County Act is valid notwithstand-
ing said provision therein contained
and now declared to be void.
g. That the requirement of said Act
of Congress that the final passage of a
bill in each house shall be by a ma
jority vote of all it's members to which
such house is entitled, taken by ayes
and noes and entered upon the journal,
is merely directory and is not impers-
tive and that such requirement may be
waived by either house and when not
complied with is conclusively deemed
TO De WdlN6u, anu Iul lhci, LAhtl liz
said County Act having been signed b!
the proper officers of the Legislature
and approved and signed by the Gov
erner of the Territory. the alleged fac
of the failure to take the ayes ant
noes thereon cannot now be set up o
inquired into as ground for declarins
said Act to be invalid.
Wherefore, the defendants submi
that they are entitled to a judgmen
or decree declaring that they are quail
ified and legally authorized to perform
the duties of Supervisors of the Coun
ty of Oahu in conformity with tn
provisions of Act 81 of the Session
Laws of 1908, entitled can Act provid
ing for the organization and govern
me0t of Counties and Districts and tn
management and control of publi
works and public institutions therein,
notwithstanding any matter or thing il
the plaintiffs petition stated or Sc
forth, and that the plaintiffs petition
be dismissed with costs.
]. A. GILMAN,
NJ. P. ROBINSON.
JOHN LUCAS,