The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-07

The County Act, or it's alleged defects
in Legality, engaged the attention of the
Supreme Court at both morning and
afternoon sessions yesterday. 1t came
up on an appeal by the plaintiffs from
Circuit Judge Gear, who refused writ
of mandamus applied for by Governor
Dole and colleagues forming the Board
of Public Institutions to compel the re-
spondent, II. E. Cooper. Superintendent
of Public Works, to hand over to that
body the public buildings, institutions,
wharves, works, ETC., which the County
| Act gave to it's control and supervision.
the Board of Public Institutions an
| illegal body in it's contravening the pro-
vision of the Organic Act that the Gov
ernor shall appoint any boards of a
public character that may be created
| by law" 1t went further and decided,
| in favor Of the petitioners, that it was
whether an Act signed by the Governor,
upon certificate of it's passage in prop
er manner by both houses Of the Legis-
| lature, had in fact passed the three
readings in each house prescribed by
the Organic Act.
Attorney General Lorrin Andrews ap-
peared for the petitioners, and s. H.
Derby of Kinney & McClanahan for
the respondent. Mr.. Andrews opened
the argument, citing many authorities
for the legality of the Act.
Mr.. Derby followed for the respond
ent, speaking about an hour in the
morning and fifty minutes in the after
noon. He contended that, among all the
cases quoted on both sides, those hold
ing that the courts might not inquire
into the legislative facts back of the
dictions where a similar constitutional
provision as that of this Territory did
not exist, namely:
Sec. 46. That bill in order to be-
come a law shall, except as herein pro-
vided, pass three readings in each
house, on separate days, the final pas
majority vote of all the members to
which such house is entitled, taken by
ayes and noes and entered upon it's
journal"
Mr.. Derby argued strongly against
the power, assumed by the Legislature
in this case, of wiping out the func-
tions and duties of an office created by
the Organic Act, that of the Suoerin-
tendent of Public Works. He also laid
stress upon Sec. As of the Organic Act,
claiming that it had been violated by
the County Act. This section reads:
'"That each law shall embrace but
one subject, which shall be expressed
in it's title
In summing up, counsel for the re-
spondent emphasized the various Sec
lions of the Organic Act which he
maintained were transgressed by the
County Act, namely: Sec. 80, referring
to the Governors appointing power;
Sec. 45, to the title of laws; Sec. IS, to
the powers and duties of the Superin-
tendent of Public Works, and, finally,
Sec. 46, to the reading of bills. Upon
the last he held that the whole Act was
illegal because it had not passed three
readings in the House of Representa-
tives.
Mr. Andrews made brief reply. 1t
was agreed on both Sides the Attorney
General said, that the court should be
reluctant to declare the County Act, or
any vital parts of it, void; also that
the Act should have but one subject
which should be embraced in its title.
On the last point he maintained that
the constitutional provision was duly
observed in the County Act, having this
title:
can Act Providing for the Organiza-
ton and Government of Counties and
Districts, and the Management and
Control of Public Works and Public
Institutions Therein"
The Act was most comprehensive in
its scope. 1t left no area of the Ter
ritory out in its provisions for county
government. OF necessity it must in
terfere with certain functions of the
Territorial Government as established
by Congress in the Organic Act. There
was but one tax assessor in each
county, who must collect taxes for both
the county and the Territory. There
must be some authority for dividing the
money so collected. 1t was left doubt
full by the County Act who was to col
lect certain classes of revenue such as
license fees.
The Attorney General referred to the
provisions of the County Act relating to
Oahu prison, whereby part of it was to
be the Territorial penitentiary and part
the Oahu county jail, and asked, rs
the word Territory to be obliterated al
together?"
There was hardly anything worthy of
consideration, Mr.. Andrews proceeded
to say, in the argument Of counsel op-
posite except the question raised about
the Board of Public Institutions.
There We're public buildings all over the
islands. If it was germane to put these
under the Superintendent of Public
Works, or the Attorney General, then
it was just as germane to have them
placed under a Board of Public Institu-
tons.
Where it was such a sweeping Act,
leaving out no area of the Territory-a
complete change of government in fact
the provision for the control and care
of public Institutions and property was
a good thing. 1t was a change from a
highly organized and centralized gov