The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-06-09
AMERICAN
IDEA OR NOT
Interesting CoIIoquy
Between Bench
and Bar.

In the county Act case argument, Mr..
McClanahan for the respondent claim
ed that the act was in violation of the
Organic Act by it's creation of the
Board of Public Institutions. He rung
the changes upon the provision of Sec
ton so of the Organic Act, that the
Governor shall appoint all boards of "A
public character.
Judge Gear asked him one time what
was the use of creating counties, If
their government was under control of
| the Territorial executive.
| Mr.. Mechanism was not prepared to
answer that question, to go into the
utilities. 1t might be harmonious with
the Congressional view and inharmo-
i NOUS with the American view of coun-
ty government.
| The court will take the American
view," Judge Gear remarked.
Mr. McClanahan hoped the courts
view would be the American view. In
answer to a query, he said the Ameri-
can view to him was that obtained by
those of them who had lived under and
participated in the American system.
IAN boards of public character here
after created by law shall be appointed
by the Governor" he declared was the
dictum of the Organic Act when could
not be evaded. That was the Congress
sional view of the form of government
suitable for these islands. 1t might be
a new American view. Congress in It's
wisdom considered the conditions in
Hawaii and knew what it was about.
and it placed all boards to be created
by law in the future-whether county
IN
of the Territorial Government.
He spoke of the element of taxation in |
government and said Congress had pro-
vided for taxation boards in Hawaii to
be appointed by the Governor. why |
these provisions were made they did not
know but it was all done in the wis
dom of Congress.
NIGHT ACCEPT ISLAND IDEAS.
Congress was dealing here with an
organized form of government and 1t
might be that Congress thought best to
follow, in some measure, the establish
ed ideas of the Hawaiian Islands.
Judge Gear said If Congress intended
to retain Capitalization ideas here, 1t
never would have provided for county
government. The history of the past
1875 years taught that county govern
nent was government by the people.
Mr.. McClanahan replied that coun-
les might be formed without the cleo
ion of governing boards.
Judge Gear said the method of Ameri-
AN county government was the cleo 4
ion of public officers by the people.
Mr.. McClanahan claimed that Con-
'ress provided for county government
ere under restrictions of the Organic
Vet. Answering a question of the court
s to Congress choosing monarchical
yer republican methods, counsel re-
eated that Congress provided restric- :,
ions in the Organic Act intended to y
egulate county government. :
Judge Gear asked why it said boards :,
( public character" y
Mr.. Mechanism responded that this =
'as a matter of construction which he -
'ould not venture to discuss. What he :,
id claim was that Congress directed :
nat all such boards should be appoint "
4 by the Governor. There might be ~
lany other kinds of boards. What -
ere meant We're boards having no pri- "
ate functions. :"
Mr.. McClanahan was allowed to re-
rive argument on the answer that the
ounty Act as signed by the Governor
ever legally passed the Legislature. Il
Attorney General Andrews only be- di
an his reply just before adjournment in
riday evening and Will have the floor II
IL
The twenty-five States mentioned In m
previous report go behind the certifi- to
Ition of laws and inquire into the tn
amer of their passage. m