The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-15

without having carefully studied II !
which could not be done IN the limited
tire allotted for the purpose But the
legislature took the bin and passed Il
o@hand and / don't suppose some OF
its members even read IL When zhe
county act vas I'D before the leglsla-
rure. the Senate committee brought II
over 10 me and asked fer al opinion.
IN the short time allowed ne I saw
certain things which 7 did not consider
legal and 7 made some different sug-
gesri0ns- One OF them was on the tax
alton system upon which the law has
been declared invalid and told Sens-
tor Brown not 10 attempt arp such
change in the TAX system, bur 10 make
the present laws applicable 10 the
counties Senator Brown said ne could
never pass the law with such change,
and several other suggestions I made
we're considered by Senator Brown 10
D. impossible OF adoption IN the legis-
lature- Some Of the changes suggested
by NE were made, believe. The din
cuIty Il that Law, such as the county
act cannot be passed IN such short
tine.
Il believe the section Of the Organic
Act relative 10 the appropriation law
means valid appropriation act and
can't be anything else suppose IN an
appropriation bin the legislature didn't
take the ayes and noes On third read
ing, the lar wouldn't b. worth the pa
per il was written on Now here the
legislature adjourned without providing
the means for carrying On the govern
nzent- This section IN thu Organic Act
Is taken from the old Hawaiian law.
and now that We can get the benefit
80
when the emergency arises. Although
the legislature may have failed 10 pass
the appropriations and Numbered inno-
Gently, and adjourned after they passed
what they called an appropriation bill.
Is the government TO De at the mercy
of the opinion z1y lawyer may give
since breakfast. or before breakfast. II
there Is the slightest Doubt as 70 the
proper construction Of the law. in
tzveE2ty-fog1r hours q test can be made
and q case submitted 10 the Supreme
Court Let small appropriation be
/ used. and then have proceedings
brought and have the Supreme Court
pass upon IL Then We VIII know Il
tia money Is avaiIa bic and can decide
what 20 do II ve haven't the appropria-
tons ! think the appropriations are
abIe-avaIIa bic 70 pay the neces-
sary expenses Of the government, I'M
der the then existing law and until the
legislature has acted legally ana con-
stitutionaIly-
Now Congress has been asked Off
ciaIly 70 approve the county law and
We should either go and ask that this
bill De passed or else ask Congress not
10 co IL and wait until Congress has
acted II is inappropriate, 70 say the
this time. before Congress has acted
! either one way or The other.
AS 70 whether the Organic Act per
rnits the passing Of 9 county act which
zvfII conform with the wants Of the peo-
i PIE here I am extremely doubtful. The
/ provision relating 70 bur one subject
! does Ts01 permit the taxation Of the
{ county 70 be co-uingled with that OF
/ the Territory This might be overcome
There Is another provision which
! definitely gives the governor the pow
/ er 10 appoint boards Of a public nature
! Can We have Z county act without cleo
! tive boards There Is no reason 70 be
/ Eeva that the legislature would pass
/ q law making the Boards Of Supervisors
/ appoIntlve ~ the governor And Il
! IL didn't then We are up against IL The
| property coded 70 the United States By
] Hawaii Is placed in the custody OF Ger
| tain Territorial officials and il IS ques-
/ ton If this can be handed over 70 the
/ counties and perhaps sold Who can
/ say ofhand how these points should De
/ considered and il VIII require not only
/ a decision OF the Territorial Supreme
/ Court but also Of the Supreme Court o.
the United States before We can say
where we are at On the whole the
~rs % a
head and utilize the old appropriations,
| If this can be done, and rely on the
/ decisiar Of the Supreme Court; mean
while sack 70 obtain action by Congress
/ whether Congress viii ratIfy the couEl-
/ y act and make II an act Of Congress
/ 7 can't say There viii be 10 captlous
delay. unless II Is because the members
| Of Congress don't want 10 pass the Dill
at all II IS probable that Congress Vyl3i
strike out some Of its provisions. par
rieuIarly the Senate. the treaty making
power. where treaties are affected Il
nav also strike out the three year s
! residence clause. but besides that let II
/ stand practically as Il is II the law
is amended and changed We don I know
. what the effect VIII De-. but 1 think "
/ can rely On decided action Il FEe don
get Il, there Is no need for excitement
or rush If l wanted 70 see the faliur=
Of county government in Hawai- /
would want nothing better than 10 have
the legislature pass county act as
soon as il could be called together Bur
| We all want the best thai can Dc OBJ
| tanned
Nj p. c. Jones stated here that hs
| intended IN his suggestion that the Bar
Association be paid for its work only
that the best results should be obtained
G. ". SMITH
AS z lay member Of the couzrnissloIl
which framed the county act that Is
causing al the trouble, I suppose !
should have remained away. SAID y
" Smith Il believe il Is useless 70
.z.------- -------,--- q $500 haEa el.1-l-