The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-12-15
LAWYERS W|LL PUT THE
COUNTY ACT TO 4 TEST
Continued from page ID
NO TIME FOR DELAY.

l M TIME FOR DELAY.
Mr.. w. o. Smith said that there was
no necessity for delay. This matter
has been discussed publicly for long
time, and resulted in holding mass
meeting on Monday evening at the in
| stance of the Merchants Association
where it was seriously, carefully and
earnestly discussed. 1t resulted in the
| appointment of committee which pre-
pared resolutions for presentation to a
meeting Friday evening, and which al
| lowed time for ample deliberation.
The resolutions there introduced and
| adopted asked the Bar Association to
take steps to have the county act test
| ed, and it seems appropriate that We
respond. There is an opinion that the
county act is in real danger, or at
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.. Hatchs 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 it 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. f. Judd said he was not 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 it
would not embarrass the Governor or
be considered discourteous to him.
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 iIf any
way with the procedure in the Supreme
Court or with the test of the county
act.
IF / 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 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 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 a merchandise
license. If any merchant opposes this
license. and it is a 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, 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 date as pos
/ sible.
| Il would suggest a course midway
between Mr.. Hartwell and Mr.. Stew
| arts resolutions. 1t is a matter OF
| course, in a vital measure of this kind,
| that the committee consult with the
Governor and Attorney General. 1 dc
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 1 fee
sure that they will not oppose test
case. 1 move that the Executive Com
mittee be authorized to see if a proper
case cannot be formulated for presenta.
ton to the Supreme Court, and if il
can be done to get two attorneys t.
represent each side of the case.
1T has been suggested that such {
lease can't be brought, and that there i:
no foundation for such test case
while others say there is foundation
This matter should be carefully looked
into for the Bar Association doesn