The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-29
MEETING or THE COUNTY
ACT COMMISSIONERS
CONTINUED from Page ~


most honest government; never have
strikes have fine police and fire de-
partment and / believe the taxpayers
in general believe they get a dollars
worth for every dollar they put in.
They are well satisfied with that kind
of government.
Il came to Honolulu to ascertain
what the people here wanted at Wash
ington. 1 think too much Importance
is placed on what Congress thinks
about this question of County govern
ment. / think you ought to pass a
bill satisfactory to the people here and
let your own courts pass upon 1t. Your
Delegate, Mr.. Hatch and myself spent
a whole day in the committee room Of
the Territories and the act was read.
The members praised portions of 1t, es-
pecially the portions which related to
safeguarding the officials and funds.
But you cannot get a big crowd of men
from different states with different
views about internal governments to
agree with you altogether. They do not
understand about conditions here and
soon the act would be loaded down
with amendments. Let your courts
pass upon the act. l think the local
Supreme Court would pass upon it
about the same as the United States
Supreme Court would.
IF you should send the matter on
to Washington I shall be glad to do
everything possible for you before
Congress within my power 1 think you
will find Congress willing to do what
1t can for the islands"
APPOINT OR ELECT?
Mr.. Stewart presented the following
views:
The difficulty lies here: Under the
Organic Act can the people elect a
board of Supervisors? Some citizens
hold that under section so of the Or
ganic Act the power of appointment
lies exclusively with the Governor; and
there is fear that the Supreme Court
may so hold
| Now, while believe that this power
applies exclusively to Territorial law.
| If this commission should draw an act
providing that the people should
| elect the Board of Supervisors and the
Supreme Court should decide that the
provision for election is in conflict with
| the Organic Act. then our act would
fail and we would loss County Govern
ment again. To such a result, I would
not like to be party.
The suggestion made tonight by w.
| O. Smith that the County elect a num-
| Der of persons from whom the Gov
ernor would appoint is doubtful, be-
cause the provision would be a nullity
in the sense that it could not bind the
| Governor. His power under the Or
ganic Act could not be limited in this
| way. No mandamus would lie against
him to restrict him to appoint from
this number; and the nullity of the
provision might affect the validity of
the whole act; and the work of this
| commission would mark another fail
ure in county government
The suggestion by Mr.. Rawlins at the
last meeting that we draw the provi-
sion in an alternative way, that is pro-
viding for election and providing fur
| ther that if the Supreme Court should
hold against election, then the Gov
ernor should appoint, is doubtful from
its uncertainty. Legislation should be
definite and certain, and there seems
to be danger in the proposition.
The life of the Board of Supervisors
would lie in its method of creation. II
that We're held illegal, it seems to me
| that the whole board would fall, and
there would be no board for the Gov
ernor to appoint.
1t seems to me that a way out OF
this difficulty is this: Provide that
any section may be nullifed without
carrying the whole out. then draw ar
act conceding the Governors right tC
appoint the Board of Supervisors; Their
create a road board or road boards il
each county to be elected by the people
giving them the right to expend pub
lie moneys in the care of the roads
etc. Then let an attack be made upor
these boards, and if the Supreme Cour
should hold that they We're legally con
stituted, the next legislature would
then amend the County law and max,
the Board of Supervisors an elected
body If the Supreme Court SHOULD
hold that the Governor should appoin
these road boards, then we could g
to Congress for an amendment of thu
Organic Act, and Congress would thei
take up the matter as it would thei
clearly appear that there is no othe
remedy open to the people.
Mr.. Smith suggested calling tn
Boards of Supervisors Council so u
to get around the word boards
ORGANIC ACT AGAIN.
Judge Dole said: MY idea is grow
ing in this direction. The word boar
is used in it's general sense. These pro
visions are for the Territorial govern
ment. Everything in the act, with tn
exception of this provision for Count
government, is series of enactment
for the carrying on of the Territorial
government, | believe this section i
regard to boards can be properly con
strued as belonging To the main, q
Territorial, government, and | don
think II meant any other but the mai
, government IL has no allusion To am
government that may be created In IN
future, Think of the ridiculous am
absurd condition We reach Il We appl
Il the other way There may bee ne
ne township In Puma which Is 10 hay
"a board of supervisors and to say lha
thar hnaTd should be appointed hy IA