The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-01-13

of Public Works and High Sheriff /
and duties to other officers, contrar,
which provides that there shall be
who shall have" certain enumerated
which contains a similar provision
6. That the whole Act is void b
in relation to county government
works and institutions and because,
likewise correspondingly double, in
Organic Act, which provides chat {
iect which shall be expressed in its
7. That so many and such imp
and ineffective that none Of it can
We will assume for the purposes Of
this case that the first six of these ar
guments are unsound, and base our de-
cision on the seventh alone.
In support of this argument nIm-
Der of provisions in the Act were point
ed out by counsel as being, according
to their contention, void or Ineffective
in whole or in part for one reason or
another Without protesting on the
one hand to enumerate fully or on the
the provisions instanced by counsel or
the reasons advanced by them in each
instance, the general line of thought on
this branch of the case may be HAS
trated by the following statement Of
arguments: That certain provisions
are void or Ineffective i'm whole or in
Iart because they are made to depend
upon laws which were assumed to be
still in force but which had in fact
been repealed Gas, for instance, Sec
lions Asa, 455, relating to contested cleo
tions, as shown In re Election Contest,
ante); or because they purport to trans
fer to certain county or Territorial Of
ficers powers and duties which We're
assumed to have been in certain other
officers, whose offices, however, had
been abolished by the Organic Act or
whose duties had been transferred
either by the Organic Act or by our
bwn laws to other officers (as, for il
stance, Sections 1865, 1874, which purpOrt
to transfer to other officers the powers
and duties of the Minister of the In
kerior relating to medicine, surgery,
pharmacy, dentistry and prisons); or
because they relate to purely Terri
torial matters in contravention of the
provision of the Organic Act that each
law shall embrace but one subject
which shall be expressed in its title, Gas
for instance, Sections 3SO-391, 4S3-4S7,
494 relating to the Territorial Board of
Public Institutions, as shown in Dole V.
Cooper, ante); or because of two Or
more of the foregoing reasons (as, for
instance, Sections 395-4O1, 496-5O1, which
Place the Territorial penitentiary in the
control of the Territorial Board of Pub
lie Institutions and provide for a trans
fer of powers and duties from the Min
ieter of the Interior-not to go into the
question whether the subject OF a Ter
ritorial penitentiary itself could prop
erly be included in the Act or how far
the matters of prisons, criminal pro-
cedure, sentences, ETC.. in general might
be affected by the failure of the pro-
visions i'm question:; or because they
purport to alter laws that cannot be
altered at all by the Territorial Legis-
lature, the power to liter which is re-
served exclusively to Congress by the
Organic Act Gas, for instance, Sections
| 171-172, 45O451, relating to the settle
ment of boundaries and the returns,
canvass and certificates of election iE
the case of Territorial Senators and
Representa- tives-not to consider whe-
ther the latter subject could properly
be included in a county act at alD; or
because they violate provisions of the
Organic Act or other Acts of Congress
relating to the Territories prohibiting
special legislation in regard to coun-
ties, as, for instance, the proviso of
Section / relating to the County of Ka-
lawao, and Section "A relating to the
Supervisors of the County of Oahu.
But we will assume for the purposes
of this case either that all such pro-
visions are valid and effective, except
SO far as held otherwise in the cases
above mentioned, or else that, If in
valid or ineffective, they may, inn
portant though some of them are, all
fall without causing the Act as a whole
to fall.
There is, however, one subject that,
in our opinion, is Improperly included
in the Act without the provisions in
regard to which 1t cannot be presumed
that the Legislature would have passed
the rest of the Act. That Is the sub
ject of Territorial taxation-the very
means upon which the Territorial gov
eminent depends for its life. We will
assume that the Territorial Board of
Equalization might properly be con-
stituted as it is in terms by this Act
the provisions of Sec
ton 80 of the Organic Act. sim the
subject of Territorial taxation is one
that like the subject Of the Territorial
Board Of Public Institutions, cannot
be included in the Act, in view of the
provisions OF Section 45 OF the Organic
Act, relating to titles Of laws.
The Act makes radical changes in the