Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-01-13
COUNTY LAW VOID
CONTINUED from Page ~

Section As of the Organic Act, which !
provides that each law shall embrace
but one subject which shall be ex- |
pressed in its title
z. That SO many and such import |
ant portions OF the Act are void and in |
effective that none of it can stand.
We will assume for the purposes Of
this case that the first six OF these ar.
guments are unsound, and base our
decision on the seventh alone.
In support of this argument num-
Der of provisions in the Act wefe
| POINTED out by counsel as being. ac-
] cording TO their contention. void or in
effective in whole or in part for one
reason or another. without processing
on the one hand to enumerate fully or
on the other to confine ourselves strict
ly to the provisions instanced by coun-
sci or the reasons advanced by them in
each instance, the general line OF
Thought on this branch Of the case may
be illustrated by the following state
nent OF arguments: That certain pro-
visions are void or Ineffective In whole
or in part because they are made TO
depend unon laws which were assumed
to be still in force but which had in
fact been repealed las. for instance,
Section i5i. ass. relating to contested
elections. as shown by In re Election
Contest, ante y; or because they pur-
! Port TO transfer to certain county or
!. Territorial officers powers and duties
| ,,.lta ,aI IN ha In
I. 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 own laws to other officers
. (as. for instance. Section 1865, 39a,
, which purport to transfer to other Of
ficers the powers and duties Of the
! Minister of the Interior relating to
medicine, surgery, pharmacy, dentistry
. and prisons): or because they relate
! to purely Territorial matters In cor
; travention Of the provision Of the Or
! ganic Act that each law shall embrace
. but one subject which shall be ex-
, pressed in its title. las. for instance.
] Sections 3SO-39l. iS3.4S7, 494, relating
. to the Territorial Board of Public In
sutn'ions' as shown IN Dole v
Cooper, ante y; or because
OF Two OF more Oh the foregoing
reasons ,as, for instance, Sections Ss5-
i0l. i95, i96.501, which place the Ter.
ritorial penitentiary in the control Of
the Territorial Board OF Public In
: situations and provide FOR transfer OF
i powers and duties from the Minister
J. OF the lnterior-not to go into the ques'
d. 'ion whether 'he s"p!ee' ., ieIii'o
,ia' p.ni,en',"y 'se. eou'u p,ope,s
=. We ihciuue" III 'ne A.' vi noW Ia, .he
|, h'a''ers VI piisohs' criminal pro'eu"i"'
= sen'eh.es' e'e', IN GENERA, h'sp' We ~
iee'eu Wy 'ne ia',uie Vi 'ne pios's'ous
III ques'iop' vi "e'ause .he! pupo'
W a''e' '""s 'ha' Va,"o' oe a'e'eu o.
al Wy .he 'o , se, Wv
. ar,stn.,,. 90 C,,nrasa Ia, ,ha oraon,,
=. A., ,as Co.. ,ns,anoa soo,ions LILO
I. i.o.,s, roia,ina ,o Tho so,tIoment n,
10 ouraor,as and ,ho rotrrrs convas.
10 and co,,,acates n, o,oction in tho cas-,
10 -, ,rarr,,o,,aI Sar,to,s ona Ranrasent
NJ tF.,a. m a
e Ia,,ar snhioc, copId nronorIv be IN
J. o,rdad En- County Act a, ain or he
\. oansa ,h.v y,oIa,o nroy,s,ons q, IN,
S, organic Act or other Acts Of Con
70 &c. ,ra,o,,ro 20 tho Torr,,oriss nro
S, bih,,iry snec,.I IegisIation In reyard I,
If oour,iss ne for Instance the nrov,sr
a.. ., Soa,ion !, raI,,,na 10 ,ho Corntv q
" KaIawao and Sec,ion "a re,ating :,
,r ,ha srnar,,sors Of tha Comfy q, Oahn
m =,
ir pu. we wiz assume .o' VIC p"' pose
Vi .h's case e,'her 'ns' an sueh p'o,.
h. Sums are ,"'u anu .ne'',e, eNp. =
to iar as heiu o'ne'Wise !" ,ne ."se'
Id apo'e h'eh'ioheu' VI e'se mat :"
10 'a',u VI inenoe'i'e, my may ',np ~,
OF 'ah. thoush sonie vi .heii are an ia'
d. Mnhod' e""S'"s '"e "'' DO ""o'e =
n. ian
st There is, however one subject tha'