The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-15
LAWYERS WILL PUT THE
COUNTY ACT TO A TEST
Continued from page ~

least supposed real danger and a re-
quest comes for action on our part.
Mr.. Stewards resolution seems hardly
responsive to the mass meetings APP
peal"
Mr.. Stewart replied that the general
sentiment at the meeting seemed to
be that Mr.. Hatch's mission at WASH
ington should have the right of way,
AND that there should be no antagon-
ism to him. He thought that the AS
ISOLATION owed 1t to the Governor and
Attorney General that they be called
into conference with the representa-
tives of the Association.
Judge Stanley seconded Mr.. Stew
arts resolutions and said that the
Merchants Association did not intend
to dictate to the Bar Association and
order a test case. The resolutions ar
ranged for proceeding on calm lines,
and to first find If it was wise to bring
a test case.
A. +. Judd said he was not a mem
Der of the Governors official family or
authorized to speak for him, but he
had been credibly informed that If the
Hartwell resolution was adopted 1t
would not embarrass the Governor or
| De CCIlSlueTeu ulSCOuTleOuS W HILL
PULL BOTH STRINGS.
L. A. Thurston said he did not draw
the inference from Fridays meeting
that the Hatch mission was to have
the right of way or to interfere in any
way with the procedure in the Supreme
Court or with the test of the county
act.
IF 1 am not mistaken said Mr..
Thurston, the suggestion was made
by e. P. Dole that we pull two strings
to our bow, and that we proceed here
while at the same time not opposing
Mr.. Hatch at Washington. The two
methods can be simultaneous and
whichever gets through first Will be
all right so far as it goes. 1t seems
to me that Judge Stanley, because of
| his absence, has not come in contact
with the reasons for this unusual re-
quest from the mass meeting. The
main reason, which brought, the mat
ter to a focus, and brought about the
decision to send Mr.. Hatch to Wash
| ington, was the decision the Supreme
Court gave in the case brought by Supt.
Cooper, holding that the portion of the
| County Act where it attempted to
create a Board of Public Institutions
was inconsistent with the Organic Act
and therefore null and void. There
was also an expression by Mr.. Brock
ons, that he believed this might in
validate the balance of the County Act,
certainly an opinion which is RESPONSE
BILE enough, and which caused the Gov
ernor to acquiese in the decision to
send Mr.. Hatch to Washington There
were certain other strong reasons, aside
from public gossip which tended to
throw the County Act under a cloud.
The legality of the County Act has
been questioned for two or three
pregnant reasons. one test is likely
to be of the section which compels all
merchants to take out merchandise
license. If any merchant opposes this
license, and it Is moral certainty that
some merchants will resist the pay
ment, the sooner the question is rails
ed the better. This will not be foment-
ing litigation. Financial men of the
city have also stated that they Will
not discount the county warrants I'M
til they know If the county has au-
thority to issue them, and If the banks
do not discount the warrants as they
do now for the Territory, how can the
county get along. AS soon as the
banks refuse to accept the warrants
the merchants will decline to extend
them credit. Treasurer Kepoikai is
quoted as saying the counties will start
in business without bean, a disturb
ing factor in all financial transactions
at present and ample reason why the
test should be brought before the SUI
preme Court at as early a date as pos
sible.
Il would suggest n course midway
between Mr.. Hartwell and Mr.. Stew
arts resolutions. 1t is matter of
course, in a vital measure of this kind
that the committee consult with the
Governor and Attorney General. l do
not think that we should institute pro-
ceedings if it was opposed by the lead
ing officials of the government unless
for very strong reasons. From the
expression of these two officials l feel
sure that they will not oppose a test
case. l move that the Executive COM
mittee be authorized to see If proper
case cannot be formulated for presenta-
ton to the Supreme Court, and II 1t
can be done to get two attorneys to
represent each side of the case.
1t mas Deen suggested tHdt SUCH IL
case can't be brought, and that there Is
no foundation for such a test case,
while Others say there is foundation.
This matter should be carefully looked
into, for the Bar Association doesn't
want to bring a case which will end
in fluke. If after consultation with
the government officers it is decided
that case should be brought, the mat
ter should be submitted to the Supreme
Court at as early a date as possible.
There is no question but the public in
terest demands this"
MIR, DOLE TALKS.
Il. p. Dole said that he was some
what in the fix of Josh Billings who
wanted to send all his wife's relations
to war; as he intended to leave soon
and couldn't take part in the test case.
1T seems to me that the Hartwell |
and Thurston resolutions are exactly |
the same except in words.'' said he. |
1T seems is II the Bar Association |
is willing to join all other good citizens
in helping the community out of the |
fix 1t is In. and time is very i'm