Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-11-18
ACT GUT into
PUBLIC INSTITUTIONS BOARD
DECLARED NULL AND VOID
ACT AS A WHOLE NOT coNsIp
ERED-JUDGE GEAR DECIDED
BOARD WAS iLlEGAL-su.
PREME DECISION.

Supreme Court yesterday afternoon
rendered a unanimous decision declar,
ing that portion Of the County Act re.
lating to the Board of Public Institu.
tons null and void. The case original.
ed when Superintendent OF Public
Works Henry T.. Cooper resisted the
authority of the Board of Public Insti
tutions, refusing to turn over to that
body certain public institutions under
the Public Works department.
Judge Gear decided that the Boari
was an illegal body when the matter
was in his court
Chief Justice Frear writes the SUI
preme Court decision, as follows:
In the Supreme Court of the Territory
| Of Hawaii. October term, 1903.
| In the matter Of the application OF
Sanford b. Dole, Governor, George X.
Carter, Secretary. A. n. Kepoikai,
Treasurer. J. II. Fisher. Auditor, A. T.
Atkinson. Superintendent of Public
instruction, and Lorrin Andrews, At
turney General, as the Board of Public
Institutions of the Territory, for a
Writ of Mandamus against Henry L.
Cooper, as Superintendent Of Public
Works Of the Territory.
Appeal from Circuit Judge, First
Circuit.
Submitted November G, 1908.
Decided November H. 1903.
An act entitled AN Act providing
for the organization and government of
counties and districts, and the man
agement and control of public works
and institutions therein" is invalid as
to so much thereof as purports to
create a Territorial Board Of Public
Institutions and to transfer to 1t mat
tiers heretofore belonging to the Ter
ritorial Superintendent of Public
Works, and with which the counties
were to have nothing to do,-in view
Of Sec. 80 of the Organic Act, which
provides that each law shall embrace
but one subject. which shall be eX-
pressed in its title"
This Is an appeal from an order de.
nying writ of mandamus TO compel
the respondent to deliver to the peti.
TONERS the control of all matters rela-
tive to harbors. wharves, pilots and
towage. and of all property used In
connection Herewith. and the control
and management Of the executive ant
judiciary buildings at Honolulu. as re-
quired in terms by Sections 4S4 ant
/ ass of Act 81 of the Laws Of 1903. com
monty known as the County Act
Chapter Ga (Secs. 3S0-391) OF tina
Act purports to create Board of Pub
lie Institutions consisting of the Gov
ernor, Secretary, Treasurer, Auditor
Supt. of Public instruction and tn,
Attorney General of the Territory anC
to prescribe its powers and duties
II purports TO transfer to 1t many pow
ers and duties which have hitherto be
longed to the Superintendent of Public
Works. The defense is that this chap
ter Is null and void because 1t con
flicts with the Organic Act and NOR,
particularly with % Sec. so which pro
vides that the Governor shall appoin
with the advice and consent of tn,
Senate, certain officers and boards ant
any other boards OF public characte
that may be created by law" in that /
creates a board of a public characte
not appointed by the Governor at al
as to two of It members (the Governo
and Secretary, who are appointed b!
the Presidency nor appointed by hin
as members of the board as to any o
the members, although all except tn
Governor and Secretary are appointe,
by him to their other respective offices
(2) Sec. i5, which provides that eacl
law shall embrace but one subject
which shall be expressed in its title,
49, Sec. Is which provides that Their
shall be n Superintendent Of Publi
Works with powers and duties owe
certain specified matters, though sub
ject to modification by the LegislG
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