The Hawaiian gazette., 1904-08-05
(vrom Wednesdays Advertiser.)


The County Act Commission aboard
its craft is now embarked on the Ocean
Of Uncertainty with no compass to guide
it to the right port, for at last nights
session the Commission was as far as
ever from a definite knowledge OF
whether to frame an Act tor elected
Boards of Supervisors or one calling for
all boards TO be appointed by the Gov
ernor. The compass is the Territorial
Supreme Court, for upon the way it
directs county government in Hawaii
will be established.
Various views were presented last
night as to how the commission might
frame an act which would avoid this
Charybdis and Scylla in its delibera-
tions, but none nave yet been thought
feasible from superficial examination
OF their merits.
Chairman Coopers suggestion was
considered valuable in which he put an
alternative proposition that the legisla-
ture pass an Act making 1t permissible
for the Governor to appoint the Board
OF Supervisors and then make a test
case in the Supreme Court, so that while
the matter was pending before the
judges, the County Act government
would be in running order, and il the
court decided that the officers should
be elected this could be easily done and
with but little disturbing of the estab-
lished form OF government.
Mr.. Watson did not agree with this
method, stating that this would be a
partisan board and what it accomplish
ed in its short life, even il knocked
out by the Supreme Court, would pro-
badly take years TO wipe out
Mr.. Watson stated also that the Home
Rule convention had put in its plat
form the proposition to give Federal
control of the Leper Settlement, OF
which the Commission might take cog
mzance. Chairman Cooper set himself
squarely on record as unalterably op-
posed to such condition, holding that
once entirely in the control of the United
States Government Molokai would be-
come national leper lazeretto.
JOHN U. SMITHS VIEWS.
After the reading of the minutes,
communication from John U. Smith of
Hlilo, of which copy was furnished
the press by Clerk Avery, was read as
follows:
Office of John U. Smith. Attorney at
Law, Financial Agent, Waianuenue
and Pitman Streets, Hilo, Hawaii,
July 2Sth. 1904.
Mr. T. McCants Stewart, Secretary of
County Commission, Honolulu Oa-
hu
Sir: In reply for your request for my
views on County Government ques-
tions. will answer as follows:
|. Under the Organic Act, can a
County Board of Supervisors be elect
ed by the voters? Answer II is doubt
full
.. If the Organic Act prohibit cleo
tion, shall a County Act be drawn
providing for the election of supervis-
ors by the voters and be submitted to
Congress for ratification.
Answer-No! For the sake of legal
safety, if for no other reasons, make
the Board appointive, and let Congress
alone if they will let us alone, and
avoid further delay in the putting into
effect local lf-government.
The law should provide that no more
than n majority of the board shall be
of the same political faith. This would
make it non partisan, int measure.
3. Shall a County Act be drawn car
rying the Governors right to appoint
and Congress be requested To amend
the Organic Act so that the voters may
elect County Boards?
Answer as above.
4. Shall we base our county system
permanently on the right of the Gov
ernor to appoint all county boards?
Ans.-1Do not try to do anything per
manently."
Bear in mind that one Legislature
cannot bind those following.
8. Shall the County Act provide for
county control of education, health and
roads, bridges and wharves?
Ans.-Most assuredly. Why not?
Permit me to further recommend that
there be no county auditor but that
the Territorial Auditor, or his deputy,
be required to visit each county three
or four times each year to check up the
books and that new and effective sys-
TEN of Territorial bookkeeping be
adopted.
That the expenses of Circuit Courts
be made a Territorial charge in order
TO guard their administration, so far
as possible. from political control and
turmoil.
That we recommend the immediate
taking effect OF the County Act. To
begin with, let the Governor appoint
the Boards of Supervisors and for the
first year and until an election can b.
held let said supervisors appoint IN,
other county officers. II county gov
ernment Is IL good thing why not have
IL at the earliest possible moment, say
April LIST, 1882
Very respectfully
JOHN L, SMITH.
W, II, SMITH WRITES.