The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-27

within the terms of the Organic Act.
The power conferred upon the Governor
to appoint all public boards in the Or
ganic Act refers to territorials Boards
as created by the Organic Act or by
the Legislature and not to such boards
as are incidental to county government,
the power to pass all laws necessary
to the establishment of county govern
ment having been expressly conferred
upon the Legislature. FA
An elective board of supervisors is
so essentially a part of the American
County Government system that it
must be necessarily included as a fun
damental element CT such system and
the question. if carried to the extreme,
would be answered by the sound con-
tention that the power of thc Governor
to appoint all public boards is subject
to the limitation that the Legislature is
empowered to establish an American
system of county government and make
all fundamental offices hereunder cleo
tive.
Second: It would seem wise to draw
the county act in a definite and safe
manner, to go into effect within a rea-
sonable time after the passage without
any reference to Congress for ratifica-
Third: Draw a county act giving the
Governor the right to appoint all coun-
ty boards and request Congress to
amend the Organic Act by expressly
recognizing the right of an elective
board of supervisors under county gov
ernmept.
Hawaii has been well taught that
different courts establish different laws
and the right or wrong of the matter
has nothing to do with advisability of
enactiug a county law which will give
the people a measure of self-ru1e be-
yond the power of the courts to take
away.
The Supreme Court decision on oar
last county law hints that elective
boards of supervisors are Illegal. Half
q loaf than can not be taken from us
is better than none at all.
Fourth: Base the county system per-
manently upon the right of the Gov
ernor to appoint all county boards.
When Congress has conferred beyond
dispute the right of elective boards viii
be the right time to reconstruct our
county system.
Fifth: The county act should by all
provide for the county control
of education, health, roads. bridges and
wharves.
Whether the people are to have an
elective system of government or not,
they want local control of these things.
The outside islands are right tired of
having a bureaucratic government with
every high official stationed in Homo
lulu.
Let uniformity and cooperation be
secured in education, health, public
works and other matters by providing
that the head officials upon the differ
ent islands shall constitute boards of
education, health, public works, etc,
and let the officials sitting as such
boards make rules and regulations for
the guidance of all officials In such de-
partments Throughout the Territory.
1 am,
Yours most respectfully,
(Signed) JOHN D. WILLARD.
SMITH HAS A PLAN.
In requesting views from the citi-
zens present Mr.. Cooper put himself
on record by stating that there should
be no plan looking to the appointment
IF the Boards by the Governor if there
vas any possible opportunity of elect
ng them.
Mr.. Smith said in part: THAT mat
.er of the appointment of Boards on
he requirement in the Organic Act
hat all Of the Boards should be ap-
pointed by the Governor is a very diff
.ult one to overcome. This suggestion
occurs to me, (and I would like to say
hat it is merely a suggestion that L
rave not thought out entirely), might
his difficulty not be overcome by hav-
ng a larger number of people elected
" the electors of each county, say
even nine or twelve. from which the
Governor would appoint the five super
isors. thus complying with the Organ
C Act. This would bring the matter
within the provisions of the Organic
Act that Boards shall be appointed by
he Governor"
CONTINUED on page 2.)