The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-29
TESTING THE COUNTY ACT.
tine onioIal and Commercial Record. ]

The case brought by Treasurer Kepoi.
kai to test the County Act has died or
the threshold of the court, on the
ground that, as Treasurer. he has nc
legal authority to bring the suit. There
| can be no doubt that II he had brought
the suit in his capacity as a tax payer,
he would have had a standing in court,
and it seems to be drawing the line
! rather fine to say that the man who
pays the taxes has an interest in their
disposition, while the man who has the
responsibility of their care and dis
position has not. However, there is
considerable in connection with the case
which does not appear on the surface.
The case was brought without the
knowledge or consent of either the
Governor or the Attorney General,
against another coordinate department
of the government, and it was proposed
to pay private counsel for this work, at
the public expense.
On general principles this proceeding
was out of order and, If UNSOLICITED to-
would have established bad precedent.
If any head of department of the
government can at his own sweet will
without the knowledge or approval of
government officers. employing private
counsel at public expense, so to do. the
door will be opened wide for a Kilken-
ny series of law suits, with unlimited
graft for attorneys who are in need of
fees. The fourteen members of the leg
islature who We're turned into lawyers
by a magic wave of the hand would
speedily follow up the scent and the
calendars of the courts would soon be
overlooking with official suits ana
cross suits, while retainer receipts could
be used as paper currency, taking the
place of clearing house certificates.
which are used as temporary stop gaps
during hard times in the Eastern
States.
All suits to settle legal questions be-
tween departments should be under
taken only upon full knowledge of the
Governor and through, or with the APP
prevail Of the Attorney General. Any
other course will lead to confusion
and unwarranted expense.
In view of the failure of the KeDoi-
kai case to furnish the desired test of
the county act, on its merits, the Bar
Association has again taken the matter
up, formulated a case, and with the
approval or the Governor ana the AL
torney General a Quo Warranto petition
has been filed, which will bring up all
the general objections which are urged
against the County Act.
The meat of the proceeding is the al
legation that the County Officers do not
hold their offices legally, because the
act is invalid, four grounds being al |
legged, viz:
l. That the organic act provides that |
public boards shall be appointed by the
Governor, while the Board of Supervis-
ors is elected.
2. That the act takes away from the
territorial officers certain public works
specifically entrusted to their care by
the Organic Act, and transfers them to
certain newly created county officers,
thereby multiplying the terms Of the Or
ganic Act.
3. That the act deals with more than
one subject, both in its body and in it's
title, which is prohibited by the Organic
Act.
4. That the act did not pass on an |,
aye and no vote upon its third reading,
as required by the Organic Act
1t is believed that the Supreme Court
will give this case right OF way and
render a prompt decision. This will
clear the atmosphere and let the COM
nunity and the government know where
II stands