Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-05-05
OBJECTIONS
70 THE COUNTY ACT

In the following letter of Superinten-
dent Of Public Works Cooper TO Gov
ernor Dole is contained in detail his
objections to the County Act, a gist of
which was given in the Bulletin a few
days since in an interview had with
Mr. Cooper These objections are raised
in order to test the legality of certain
sections OF the County law:
Honolulu, May I. 1903.
To His ExcellenCy. Sanford b. Dole,
Governor of Hawaii
Sir:-From brief study Of tho
County Act, which has just been Itiu-
lished, It occurs to me that there a@e
many questions somewhat difficult of
satisfactory legal determination, with
out a decision of the Supreme Court of
the Territory. and believing II to be
for the best interests of the people that
these questions Should be iecided at
an early day. sur.'it herewith my
views upon the LDjeci.
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 Congress.
1t has the right in several instances to
modify the duties Of officers.
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 Sem
ate 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 rs of the Organic Act. The duties
therein mentioned are subject to modi-
! fication, but his office, however, cannot
I be abolished by the Territorial Legis-
! lature.
| By the passage OF the County Act,
the Legislature has made change in
the form of Government of the Terri
tory, not contemplated by the Organic
Act, in that 1t has provided for Board
OF Public Institutions, ana assigned to
1t certain duties and powers. See Sec
lions 3S0-SSl.
Among other duties and rights as
signed to the Board are the care, SUI
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
| Congress, the wharves and landings
constructed or controlled by the Repub-
lie of Hawaii on any sea-coast. bay,
Ioadstead, or harbor shall remain
under 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 Institutions, and
assigning to 1t duties and responsible
tiles which modifles the Government
of the Territory, in an Act Creating
County Government was not sound leg
islation, being a subject for an indie
pendent and distinct Act.
Section 10 of the Organic Act pro-
vdes: That each law shall embrace
but one subject, which shall be eX-
pressed in its title" The Board of
Public Institutions Is no part or fea.
ture of County Government, but is CIV
en- powers of government ami control
over territorial domain and territorial
funds.
= This action on the part Of the Leg
islature 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
lights and plants and the sewers. This,
| maintain, is in contravention Of Sec
tion 81 OF the Organic Act, which pro-
yides:
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
err MANAGED and cared for nv IL at its