The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-20
COUNTY ACT CASE
DECISION IN FULL
In the Supreme Court Of the Territory
Of Hawaii. October term, 1908.

In the Supreme Court Of the Territory
Of Hawaii. October term, 1908.
In the matter of the application of
Sanford B. Dole, Governor. George r.
Carter, Secretary. A N. Kepoikai,
Treasurer, ]. H. Fisher, Auditor, A. T.
Atltinson. Superintendent of Public
Instruction. and Lorrin Andrews, At
torney General. as the Board of Public
Institutions of the Territory. for a
Writ Of Mandamus against Henry e.
Cooper, as Superintendent Of Public
Works Of the Territory.
Appeal from Circuit Judge. First
Circuit.
Submitted November 6. 1908.
Decided November II, 1908.
FREAR, c. j., GALBRAITH AND
PERRY, u.
An act entitled IAN 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 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. As of the Organic Act, which pro-
vides chat each law shall embrace
but one subject, which shall be ex-
pressed in its title"
OPINION OF THE COURT BY
FREAR, c. ].
This Is an appeal from an order de-
nying writ of mandamus to compel
the respondent to deliver to the petit
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 and
judiciary buildings at Honolulu, as re-
quired in terms by Sections 4s4 and
ass of Act 81 Of the Laws of 1908, COM
monty known as the County Act.
Chapter Ga (secs. sSO-391) of that Act
purports to create Board of Public
institutions consisting of the Gov
ernor, Secretary, Treasurer. Auditor,
Supt. of Public instruction and
the Attorney General of the Territory
and TO prescribe its powers and duties.
1t purports to transfer to 1t many pow
tTS anu uulltS WHiSh nave hANHN''o ~
longed to the Superintendent of Public
Works. The defense is that this chap
ter is null and void because 1t con-
fiicts with the Organic Act and more
particularly with Q) Sec. so which pro-
yides that the Governor shall appoint
with the advice and consent of the
Senate certain officers and boards and
-"any other boards OF public character
that may be created by law" in that 1t
creates a board of public character
not appointed by the Governor at all
as to two of it's members (the Governor
and Secretary, who are appointed by
the PresidenD nor appointed by him
as members of the board as to any OF
the members. although all except the
Governor and Secretary are appointed
by him to their other respective offices;
(2) Sec. As, which provides that each
law shall embrace hut one subject,
which shall be expressed in its title;
(3) Sec. rs which provides that there
shall be a Superintendent of Public
Works with powers and duties over
certain specified matters, though sub
iect to modification by the Legisla-
ture. in that It takes from such Super
'intendent a substantial part of such