The Hawaiian gazette., 1904-01-19

w0ruS, TX munlclpal legislation Is neceS-
sary to carry out such orders, pre-
scribes in what manner the Board of
Supervisors shall act, and in advance
how It's Legislative functions shall be
exercised. This provision is obnoxious
to two objections, first: that n county
has not the right to legislate on terri
torial matters and, second: that ter
ritorial legislature cannot create n
Board of Supervisors and deprive 1t of
any part of ordinary Legislative discre-
ton. Sections 81 and IS OF the same
chapter provide for contempt proceed
ings\ and undertakes to define judicial
duties. This is neither organizing nor
governing a county, and, though prop
er enough, belongs to the department
of territorial legislation.
Chapter 9, Claims Against County"
practically confers upon Boards of Su-
pervisors the powers and exacts from
them the performance of the duties of
an auditor.
Chapter 81. Section 215, referring TO
the Board of Equalization" properly
defines false swearing to a statement
as perjury, but its subject matter be-
longs to the Penal Code. The next
section, PIC, allows an appeal to the
Supreme Court from decisions of
Boards of Supervisors, and, after the
filing of certified records, requires the
appeal to "be considered by the Su-
preme Court" This is another example
of territorial legislation which has no
place in county government law.
Section 221, of Chapter 81, establishes
Board of Equalization of taxes for
! ~. Vii,
tration, under the decisions already
made, of the incorporation of territorial
legislation into county act.
| Chapter 81 deals with Territorial
! Revenue" and enumerates collections
of inheritance taxes, stamp taxes, fees
and costs paid to the Superintendent
OF Public Instruction, fees of various
other kinds paid to territorial officers,
and incomes derived from lands and
other sources, as payable into Me ter
ritorial treasury. This entire subject
has nothing to do with the title or OBJ
ject of the act
Chapter 3S defines Territorial
Charges"
The entire subject of licenses is mi
nutely provided for in twenty-seven
chapters, spread over twenty-four
1 pages. lIlCeIlSeS, tleltioic' "''h''
counties, are provided for by terri
torial law to be administered through
the counties. This exercise of author
ity by the territorial Legislature may be
legally permissible, but it Is a serious
invasion of the principle of local self
government. If licenses within coun-
ties are to be directly imposed by the
| territorial legislature, then, 1t appears
r,l,A 1,n NV
outside of the county act. If, on the
other hand, the exaction of licenses Is
to be held within the rule of local self
government, then it should be included
within the powers of Boards of Super
visors, so that, in this part of the ad-
ministration of public business, locali-
ties should be adequately represented.
Chapter 60, Section 36l, undertakes to
re-enact or confirm the territorial laws
i'm force regulating the manufacture
and sale of Intoxicating liquors. The
same course is pursued as to doctors
and apothecaries in Chapter 81, Section
1854, and the very next section transfers
the duties in this direction previously
devolved upon the Minister of the In
terror to the Secretary of the Territory
Chapter 81 undertook to establish a
tons" On this point, in view of the
decisions, nothing further need be said
Chapter Go confirms preeXisting terri
torial laws, and in section 395 locates
the penitentiary of the Territory ana
by section 397, provides for its control
and management by territorial board
1t further requires houses or correc-
ton" to be erected and maintained for
territorial purposes.
Title deals in extenso with elections,
and, in Chapter 50, section 455, deineS
the jurisdiction of election contests
by the Circuit Courts.
Chapter Sc provides for the TRANSFER
of Property from territorial to county
officers. This important duty, when
was to have been performed January
4th, 1904, and which affects real estate
as we'll as personal property, appears
TO me to be clearly within the lines OF
territorial legislation, auxiliary TO but
not part of a law establishing counties
and providing for their government.
This answer to your question is long,
but II is very brief compared to what
might be said, for it is made up of a
few conspicuous reasons, controlling my
Judgment, why the now obsolete Couh-
ty Government Act cannot be amend
ed or revised, either by the Territorial
Legislature or by Congress, op by both
combined. SO as to render 1t Vaiid
and effective law.
Question: What, then, should DE
done? Do you recommend the ADAM
donment of local self-government2
Answer; Assuredly not. think II
expedent that the defunct act be aban-
doned, although many of its provisions
may be ultimately adopted, and that
before the meeting of the next legisia-
ture, a new act be prepared for con-
which,
/. Should be moulded upon the ex-
listing facts and actual conditions In
this Territory-and as far as possible