Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-07-27
TO ELECT OR APPOINT
CONTINUED from Page 81


commission would mark another fail
ure In county government.
The suggestion by Mr.. Rawlins at
the last meeting that we draw the pro-
vision in an alternative way. that is
providing for election and providing
further that II the Supreme Court
should hold against election, then the
Governor should appoint. is doubtful
from its uncertainty. Legislation
should be definite and certain. and
there seems to be danger N the provo.
sition.
The life of the Board of Supervis-
ors would lie In its method of creation.
II that were held Illegal. it seems to me
that the whole board would fall and
there would be no board for the Cover
nor 10 appoint.
1T seems to me that way ont Of
the difficulty is this Provide that any
section may be nullifed without ear
ryiDg the whole out, then draw an act
Conceding the Governors right to ap.
point the Board Of Supervisors: then
create a road board or road boards In
each county to be elected by the people,
giving them the right to cxpcnd pub
lie moneys In the care OF the roads.
etc. Then let an attack be made upon
these boards, and II. the Supreme Court
should hold that they were legally con.
stituted, the next Legislature would
then amend the county law and make
the Board of Supervisors an elected
body. II the Supreme Court should
hold that the Governor should appoint
these road boards. then we could 20 to
Congress for an amendment of the
take up the matter as It would then
clearly appear that there is no other
remedy open to the people.
Hanging on Word.
w. o. Smith suggested calling the
Boards OF Supervisors councils" to
avoid the main difficulty.
Judge Dolc.-The word board" Is
used In its general sense. These pro,
visions are for the Territorial govern
nent. Everything In the act. with the
exceptions Of this provision for county
government, Is series of enactments
for the carrying on OF the Territorial
government. ! believe this section in
regard To boards can be properly con,
strued as belonging to the main. or
Territorial, government, and | don't
government. II has no alluslon to an,
government that may be created In tho
| future.
Think Of the ridiculous and absurd
condition We reach II we apply II tho
either way There may he little Town
ship in Puma which is TO have Board
OF Supervisors and to say that that
board should be appointed by the Gov
ornor, sounds ridiculous and has no
lOrce, and | don't believe there IL any
possibility of our Supreme Court Civ.
ing II any consideration at all"
Chairman Cooper. -- Our Supreme
Court had the opportunity to decide
that question but did not choose ia
take II up, making the test issue on
ether matters.
Judge Dole,--It is unfortunate that
II was not done them.
Commissioner Stewart.--If the Com
mission could only look into the minds
OF Messrs. Hatch and Hartwell and
Chief Justice Frear and see what they
have stored up there about the County
Act We could easily steer our craft.
Mr.. Emmeluth.-Th personnel of the
Supreme Court has been changed, we
can at least hope for the better. | en-
dorse the views OF Judge Dole as faI
Ms he expresses himself on section 81
ol the Organic Actregarding the pro.
Visions made for the main government
He has expressed my views more luc,
idly than ! could myself"
| At 9:lj p. m, the Commission adj