The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-05-05
LEGALITY OF
THE COUNTY ACT
SUPERINTENDENT COOPER GIVES
HIS REASONS FOR THINKING
THE LAW INVALID.

superintendent OF Public Works Hen
ry IL. Cooper has expressed in letter
to Governor Dole his reasons for think
ing that the County government act is
unconstitutional Cooper thinks that
not only the sections dealing with his
department are illegal, but that the
whole act Is invalid, i'm that it en-
braces more than one subject His let
ter is as follows:
Honolulu, May a. 1903
To His EXcellency, Sanford b. Dole,
Governor of Hawaii.
Sir:-From a brief study of the
County Act, which has just been pub
lished, it occurs to me that there are
many questions somewhat difficult OF
satisfactory legal determination, with
out a decision of the Supreme Court of
the Territory, and believing it to be for
the best interests of the people that
these questions should be decided at
an early day, / submit herewith my
| views upon the subject.
The Organic Act established a Gov
eminent for the Territory of Hawaii,
consisting of the Legislative, Executive
and Judicial Branches defining the du-
| ties, powers and responsibilities of
each.
The Legislature of the Territory has
no power to modify or change the form
of Government established by Con-
gress 1t has the right in several in
stances to modify the duties of Off
| GERS.
The executive powers of the Govern
ment are vested in the Governor who
is appointed by the President, by and
with the advice and consent of the
| Senate of the United States.
Other officers who are assigned to
duties as members of the Executive
Branch of the Government, are the
| Secretary of the Territory, Attorney
! General, Treasurer, Commissioner of
Public Lands, Commissioner of Agri-
culture and Forestry, Superintendent
| of Public Works, Superintendent of
Public instruction, Auditor. Deputy
Auditor, Surveyor, High Sheriff, and
members of Public Boards, and other
officers as designated by the Laws of
| the Territory of Hawaii.
The duties of the Superintendent of
Public Works are enumerated in Sec
ton 10 of the Organic Act. The duties
therein mentioned are subject to modi-
| tcation, but his office, however, cannot
be abolished by the Territorial Legis-
| lature.
BY the passage of the County Act,
the Legislature has made a change in
| the form of Government of the Terri
tory, not contemplated bv the Organic
Act, in that it has provided for a Board
of Public Institutions, and assigned to
it certain duties and powers. See Sec
| lions 3S0-3S1.
Among other duties and rights as
| signed to the Board are the care, su-
| pervision, etc, of harbors and wharves
| within the Territory. This appears to
| be in direct conflict with Section SO of
| the Organic Act, which provides that:
Until further provision is made by
I Congress, the wharves and landings
| constructed or controlled by the Repub-
lie of Hawaii on any sea- coast, bay.
roadstead, or harbor shall remain un-
der the control of the Government Of
| the Territory of Hawaii"
The term Government OF the Terri
tory of Hawaii must refer to the Gov
eminent as instituted by Congress. and
not to any modified form of Govern
ment established by the Territorial
| Legislature.
The creation by the Legislature Of
the Board of Public Instructions, and
| assigning to it duties and responsible
| ties which modifies the Government of
the Territory, in an Act Creating Coun-
ty Government. was not sound legisla-
| ton, being a subject for an independ-
ent and distinct Act.
Section 45 of the Organic Act pro-
| Vides: THAT each law shall embrace
but one subject, which snail be ex-
pressed in it's title" The Board of
Public Institutions is no part or fea-
ture of County Government, but is CIV
en- powers of Government and control
| over Territorial domain and Territorial
funds.
This action on the part of the Legis-
lature threatens the validity of the
whole County Act, and in any case,
makes the constitution of the Board of
Public Institutions illegal.
The County Act transfers to the
county officials all existing water
works, wherever situated, electric
llghts and plants and the sewers. This,
l maintain, is in contraVention Of Sec
ton 81 of the Organic Act, which pro-
vides:
That the public property ceded and
transferred to the United States by the
Republic of Hawaii under the Joint
Resolution of Annexation, shall be and
remain in the possession, use and con-
troll of the Government of the Terri
tory of Hawaii, and shall be maintain
ed, managed and cared for by it at its
own expense, until otherwise provided
for by Congress-"
The Government of the Territory of
Hawaii must refer, as argued in the
preceding point, to the Government es-
tablished by the Organic Act.
Section IS of the Organic Act pro-
vides:
That the Laws of Hawaii relating
to Public Lands and settlements OF
boundaries. etc, shall continue in force
until Congress shall otherwise pro-
vide"
The laws continued in force are TO be
found in the following Sections of the
Civil Laws of 1897; Sections 1853 to l78,
both inclusive; Section 176 to 1874 both
inclusive; also Chapter II, commonly
known as the Land Act of 1896"
Among other provisions of this Act.
1t has provided that this Act, meaning
the Act of 1885, shall not apply to the
following classes and descriptions OF
land and property of the Government,
all of which shall remain under the