The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-15

| Act Commission learned from q state
ment made by T. McCants Stewart that
there are serious snags in the way of
! framing a county government act
which will stand the test of the courts.
| The Commission decided before pro-
ceeding with the framing of the act to
| listen to the views of all citizens who
! may wish to attend their meetings
| with reference to the particular points
which stand in the way of the trainers
of the act.
The meeting was attended by Chair
man II. f. Cooper, f. w. Beckley, T.
McCants Stewart, c. l.. Crabbe, and
Il. NJ. Watson, and Secretary Avery.
Mr.. Stewards address was as follows:
There are several classes of citizens
to be considered in framing a county
act, namely: "a Those who are OPP
posed to county government on the
ground, (a) that it Is not wanted by
the tax payers, (b) that 1t will increase
| taxes, and (c) that the present central
lied government is all we need for our
small area and population; and (d
! that the centralized system is working
well. CD Those who are opposed to
county government on the grounds
above stated, and on the further
ground, that they do not believe in
the capacity of the majority of our
people to conduct an economical and
efficient county government. (3) Those
who, being ametrically opposed 20 the
above described classes, favor a coun-
ty government, similar to the most ad-
vanced systems of the States, cover
ing schools, health and every other de-
partment usually found under local
control. (D Those who favor a simple
form of county government to start
with. one that the people can easily
support and conduct, and which can be
enlarged, as We grow in experience
holding that We should do like young
married people, who start house-keep-
ing in a small house, and add addi-
tions from time to time.
ut will be impossible to meet the
views of these different classes, espe-
cally where it is contended; "a that
county government is not wanted by
the taxpayers, and (2) that the people
have not the capacity for it. 1t is
matter of regret that We have these
latter objections facing US on the thres-
tical parties of our territory have de-
clared themselves in favor of county
government, and as this commission
was created by Il unanimous vote of
the legislature, we have to ignore these
objections as to undesirability and in
capacity, and go ahead with our work
with the hope that these last named
objections may be abandoned and that
the people who now urge them may
help us to frame an acceptable county
act and after it is passed by the legis-
lature, may take a hand in the work of
administering it honestly and effici-
emily.
Between the two classes-one desir-
ing an unlimited act, embracing every
department usually under local con-
troll, and the other simple act, not
embracing, at the start, every depart
ment usually under local control, there
must be compromise, If we are to pro-
ceed without congressional ratification.
THE thoughtful address to this COM
mission by Mr. Chairman Cooper has
commanded wide and serious attention,
because of the danger to county gov
ernment, which seems to him to lie in
several provisions of the organic act.
There is a widespread feeling. that,
in the light of Mr.. Cooper's statement,
and in view of the spirit of the deci-
sion of our Supreme Court-nullifying
the county act of 1908, 1t is doubtful If
under the organic act the people can
elect county boards; and, further, that
it is doubtful if the legislature can ab-
solutely surrender territorial property
to the counties. Other matters are also
held to be of doubtful character in the
relationship between county govern
ment and the organic act.
"Of course, we can meet and over
come these objections, If they be we'll
founded, by drawing separate acts, ana
recommending that they be submitted
to Congress for ratification
but we cannot escape the fact, tnat
the organic act is our constitution. All
our laws must conform to IT, The on
lection urged against u board OF su-
peryisors elected by the people is con-
tanned in Section so of the orslulc act.
which provides that, the governor
shall nominate, and by and with the
advice and consent of the Senate of
the Territory of Hawaii appoint
- members of the board of
health, commissioners Of public in
struction, board of prison inspectors,
board OF registration and inspectors Of
election, ana any other boards 4 "a
public character that may be created
by law"
II believe that this provision applies
only to Territorial boards, There seems
to boz nn other conclusion possible, ifI
we read this provision m couur. uon
Win tho whole of sprtlln snprd Sr..uu
pa. which latter section woN.frs, "bls
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