Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-08-10

Stewart, Crabbe and Watson were pres
ent at last evenings session of the
County Act Commission in the Hall Of
Representatives in the Capitol. The
going over of the invalid county act
of 1903 was resumed, occupying tho at
tcntion Of the Commissioners for an
hour. and then +. J. Tesla, who drop.
ped In during the routine work. was
called upon to express his opinions
After the reading of the minutes co
the previous meeting. Clerk and STEM
ographer J. ID. Avery was called upon
&c read from the old Act, beginning at
the point where the commission last
labored, that the members might inter-
ject objections or suggestions.
Considerable argument was INDUCED
IN as to Districts, Cnapter 2 OF the
1908 County Act. the districts as there
named seeming to lack definition as to
boundaries. Commissioner Watson
suggested that II be added that the dis
trcts named be the same as now are
established by law" Then the ques-
ton arose as to whether all districts
were definitely bounded even at the
present time, by law. This objection
was finally overcome by letting Chap
ter 2 stand as 1t ut present reads, add
ing at the end Of the chapter the words:
said districts herein referred to shall
be the same as now are defined and ex-
list by law" the word exist covering
~ N hntaa TINT rniuht lao laf lao. hn
word defined"
Chapter 3, general powers OF coun-
ties, Section g. was then read and al
lowed to remain. Questions and sug-
gestions bristled when Section was
read. Section 4 in the old Act is as
follows: Each of the several coup-
ties shall be body corporate and pol
lite, and have the powers specified in
this Act and such other powers as are
necessarily implied"
Chairman Cooper stated II as firmly
his opinion that there should be no
implied powers or duties; that the pow
ers should be most specific. I'VE cam
not go far wrong IL we are specific In
naming the powers Of the counties"
said he. He did not think there should
be anything TO permit of a possible en-
largement of powers. A great many
things might be taken as implied.
Commissioner Watson believed II the
act were to specify all powers Of com. .
ties, the inference would be that moth
ing but that which was actually speci-
fed could be done. Chairman Cooper
pointed out by way Of example that
the power to grant franchises might be
taken as implied" power. He said
also that the taxation power was de-.
batable-whether or not 1t should re-
main entirely with the Legislature or
be- given to the counties-tbe counties
might proceed to levy taxes under the
idea Of such power being implied"
| Commissioner Watson argued, from
a legal standpoint that IL a certain
power was implied 1t could be taken
advantage Of under any consideration
whether the wording of Section 4 stood
OF not; II certain power was not i'm
piled that power could not be used. Tho
section might as well remain as II was
Chairman Cooper emphatically stated
that he did not like generalities when
they did not lead to specific conclu.
sions.
| After lengthy discussion all round.
Chairman Cooper said he was willing
that the section go into the Act pro.
vlding II was made clear that all pow
ers were subordinate and dependen,
upon specified powers
| BY the addition of single word,
"therefrom." all agreeing. the section
was amended. the possible interpreta-
ton thereby being materially changed.
all implied" powers being made en-
tirely dependent upon specified pow
ers; the powers given, then. are those
specified and those implied by thosa
specified. The section now reads:
Each of the several counties shall be
q body corporate and polite. and have
the powers specified in this Act and
such other powers as are necessarily
implied therefrom."
Inasmuch as separate act Will deal
4 "Ash AN'Shuc' ~ Va SVN'AoAs
s. was stricken out. This section read:
ITO levy and collect such taxes, for
purposes under its exclusive jurisdic.
ton, as are authorized by law
The latter part OF Section occa-
stoned some discussion. Following ID
the section in the old law; IAN con.
tracts. authorizations, allowances, pay.
ments. and liabilities 10 pay, in viola.
ton of this Act. shall be void and shall
never be basis OF claim against the
County" Here Is the portion objected
to: "All officers OF each of said coun-
ties are charged with notice of the con-
dition OF It's treasury, and the extent OF
the claims against the same"
II was agreed, finally. that there was
no relevancy. purpose or force to the
latter paragraph-in this portion OF the
Act, at least. and Commissioner Stew
art surprised the Commission by read
ing almost the same provision from
the California county law. under an