The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-07-13
DIFFICULTIES
OF COUNTY ACT
THE COMMISSION ASKS ATTOR-
NEY AND OTHERS TO ANSWER
SOME HARD QUESTIONS.

sion ana submitted a resolution asking
local attorneys to give their opinions on
some of the problems. Stewart called
attention to the difficulties as shown
by the Supreme court decision overrul-
ing the last county act one of them
being the question as to whether boards
of supervisors would not have to be
appointed by the governor. He said
in part:
This commission has adopted the plan
of inviting suggestions and help from
every quarter, And every citizen no
matter whom, can give us his Views.
and If they commend themselves to us
we VIII use them. If that be true of
the citizens, it applies also to the gov
erhor Our work must be reported to
the legislature through him, and con-
terence with him in the course of our
proceedings will have the effect of pre-
venting any differences Of opinion be-
tween us upon the final result Of our
work.
Again 1 think we should consult
with our Delegate to Congress, Prince
A-uhio. He is in a position to advice
us as to how far we should go in the
matter of seeking congressional action:
and we will be interested in his views
upon the character of our act, whether
it should be simple or comprehensive.
Il desire it to be distinctly under
stood that my views are not final
have come to this work with a virgin
mind. Since l drew the Long Municipal
Act, over year and a half ago, l have
done no work of this kind, until l sat
down to the preparation of this state
ment. Doubtless many views now held
by me will either be modified or chang
ed, as we discuss these matters from
week to week, and are brought face
to face with questions both of law and
policy
Whatever act we draw, whether for
congressional ratification or not l ia
vor having a simple one. and having it
follow, as closely as possible our pre-
sent system of government Our people
are familiar with it, and their represen-
tatives can conduct it without having
to learn it, except in parts.
"There should be five full-hedged
counties, namely: Oahu, Maui, Kauai
and, because of it's size and widely scat
tered population two on Hawaii. The
Leper Settlement should remain sub
ject to the general jurisdiction of the
Board of Health, but with a limited
county government, which should be
provided for in separate act.
And 1 fully concur with our Chair
man in the opinion that such matters
as taxation, license, etc, should be dealt
with in separate acts.
The introduction of county govern
ment will unfortunately bear hard up
ha a.is ,g tai at, 10
The legislature will be compelled to
make material reductions in them, and
in that way prevent the machinery of
government from being oppressive up
on the tax payers.
II do not think that there should be
any excessive bonds provided for, or
allowed They should be reasonable,
so as to allow the poor, but honest
and intelligent man to take hand in
the government. There should, how
ever be penal provisions against wilful
mistake, against bribery and embez-
element Our act should stand for in
| telliOent, efficient and honest admins
tratiOn of public affairs.
MANY citizens seem to have the idea
that this commission can frame a bill
for towns and cities. I said to lead
er of one of our political parties, who
| urged this matter upon me, that the
| joint resolution under which we are APP
l pointed, limits us to county govern
ment; that, if he wanted more than
| this, he should have eXerted himself
| at the meeting of the legislature to
have passed resolution carrying a
wider scope.
IF we succeed in framing a county
| act, which shall take it's place perma-
nently among the statutes of our Ter
! ritory, we shall have done all that has
been required of us and it will be a
! long step towards learning the lesson
| which Governor Carter said at HilO
| We need to learn so much, when he
used these memorable words: The
! lession we need to learn in Hawaii is
! that the government is the people, and
| the people are the government. There
has been different conception, which
considered the government as an in
| stitution separate and apart from the
| people. If we can get all the people to
realize that the governments interest
and the peoples interests are identical
and that it is the purposes of my ad-
ministration to make the will of the
| people the will of the government, we
| shall be satisfied"
Following his address Stewart intro
| duced the following resolutions:
Resolved, That this commission re-
quest the citizens, hereinafter named,
and any others willing to do so, to
! favor it with their views, orally or in
writing; and that the hearings thereof
J be commenced at the regular meeting
of this body on Tuesday evening, July
| 18th, 1904, at 1880 o'clock; namely:
Il. Under the organic act, can a
county board of supervisors be elected
| by the voters?
! "2. If the organic act prohibit cleo
ton, shall a county act be drawn pro-
viding for the election of supervisors
| by the voters, and be submitted to
| Congress for ratification?
"3. Shall a county act be drawn car
| rying the governors right to appoint
| and Congress be requested to amend
! the organic act so that the voters may
! elect county boards?