The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-01-02
NO RIGHT TO ELECTION
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posed Interpolation in the Organic only unwaanted but is
unwe
Suppose question in this case had arisen in Congress and
member had asked whether Section 80 did preclude possibility
Board Of Supervisors Would Congress have Immediately
coded this or else have amended the Act with pompte and dpch
1t seems SO to
1--WE regard this point probably most vital one this case and
H Is worth most serious consideration We refer the court to the
tortes cited in brief in Dole Cooper and especially
cases in 8 Utah, 294 Pacy ga.
goes without saying that the County Act horn Of the Boards OF
Supervisors null and void and also goes without saying that the
Legislature would have created Boards of Supervisors APP
pointed by the Governor (Which dspose OF the possible contention that
the officers remain though the officers elected fill them
I'VE further believe that the proper for the deermr
ao OF TINS point Enough we dScam any responsibility Tor the pet
tom for the that the Oahu Board Supervisors have
or not
I'VE contend that the government the Territory of Hawaii means
that modified form of government the Territory Hawaii
tended when Congress provided public property ceds
rory Of Hawaii That the government the Territory OF Hawaii
acting hducary capacity in the and control Of all the
THAT delegate its authority person corporation
or body polite That such the OF the Legislature
absolutely void That the legislature has other further power
far the nstung of counties concerned than expressed Sec
ton 80 Of the Organic Act, which is follows:
That the legislature and city
cpaes within the Territory Of Hawaii and provide for the
ment thereof ;"
That this Section gives authority legislature to transfer
OF the duties Of territorial official provided for by the Organic
Act to official or bodies officials under any form government
excepting that the government the Territory Hawaii
this section give authority transfer any government
the right OF management or control OF any property previously coded to
the United of lerefrom
That there is right justification authority for any official of
the government of the Territory Hawaii enqush any
ties of his office management prop
ey placed under his management Organic
the laws of Hawaii as reenacted by the Organic Act to any, other per
public board created by law not sanctioned expressly by the Or
ganc Act"
The question then arises is the enacted BILL certified by the presd
ing officers the House approved
conclusive evidence that the constitutional provisions have been
piled with? In answering this question appears from decisions that
there three modes OF inquiry.
g. Does the constitution provide tha onaies attending
passage Of the bill by the legislature shall entered upon the journal
tlpnl tlpbp of What OlDlaCp
and failure record upon the journals the essentials required by
the constitution, is fatal the validity OF the bill the holding
that bill can become law in such unless the constitutional
provisions have been scruou observed and the action spread
on the journal required. -
that where oaes required to be observed by the eg
but obligation imposed by the constitution
by law silence will affect the validity of the bill in the
has been properly certified by the presiding officers and approved
the governor The enrolled bill being considered the evidence
its and subject revision contradiction by parole
testimony.
nails of legislative bodies when discussing the question OF the validity
of law where the entries show armatvey that the constitutional
have not been complied with.
Addendum An additional consideration has been suggested
as invadng the County Act This is in regard to the Territory
Board OF Equalization County Chapter 27 22I
The Board purely Territorial and contend falls directly
within the OF the decision Dole Cooper being separate
subject argument that the Board Public
Institutions fell within Section 80 OF the Organic Act equally app
Of its members the Secretary appointed by the Governor
Can the County Act whole stand if this Board held to have
Territory equaz-
alton fall the result leave the present of the Terri
orv in f force Can this Court possibly saw that the legislature
they thought this would be the We feel that this be said
1t would enormously increase the taxes on the long suffering people and
many instances We feel
eon that is If the Territorial scheme of equalization is to m se
contend that the County scheme of equalization which almost wholly
regret that this subject should called to the Courts a
ton this late date and fully realize that the Court should be fully
advised regard thereto We again call attention. however the fact
that this brief is a purely supplementary one"