The Hawaiian gazette., 1904-01-19
JUDGE H|GHTON'S VIEWS
ON THE LATE COUNTY ACT
The Veteran California Lawyer Believes That
County Matters Should Be Dropped Until
the Next Territorial Legislature Meets.

Hon. Henry Z. Highton, having been
requested by the Advertiser to answer
certain questions in relation to the
County Government Act, expressed no
reluctance but some diffidence in deal
ing with the subject, on account of the
fact that he had only been in the Ter
ritory for year and half, and because
his views were not exactly coincident
with any of the suggestions made at
the conference in the Governors Of
flee. With this preliminary, he an
swered the questions put to him SUBJ
stantially as follows:
Question: What, in your opinion,
should be the outcome of the dilemma
produced by the passage of the County
Government Act, and the recent decis-
ions OF the Supreme Court?
Answer: think the Territorial Gov
eminent should be administered until
| the next legislature meets and acts up
on the matter, precisely as IL the
| County Government Act had not been
| passed.
Question:: What do you consider
should be done in relation to the Coun-
ty Government Act by Congress-?
| Answer: Nothing. On the general
| propositions, 1 have already and pub
licly expressed my opinion on that
point, at the meeting held December
18th, 1903 I believe in local self-gov-
eminent representing the capable vot-
ing element in American communities,
and, when Congress conferred the
right to organize and provide for the
government of counties, am convinced
that it meant what it said, and that
legislation on that subject should be
exclusively by the territorial legisla-
ture This is a general proposition,
covering the whole question of the sug-
gested ratification, now proposed to be
coupled with amendment. But there
are other and more limited and detailed
reasons which apply definitely to the
particular County Government Act now
under consideration.
Questions: What are those reasons?
Answer: Your question opens up a
wide range of fact, and you must par
don me, if my answer is necessarily
somewhat full. 1t will certainly rep
resent my own ideas, and is not IN
tended as criticism upon the gentle
men by whom the County Government
Act was prepared and enacted. MY
opinion is that the act should be en-
tirely surrendered, on account OF It's
terms and of the decision of the Su-
preme Court.
/. This Territory only has a popu-
Iation of about $4,000 of whom, in
round numbers, nearly 100000 are Ash
atics, ineligible to citizenship. The
conditions here are unique, and not
paralleled on the mainland. Any sys-
TEN of county government locally
adopted, to certain extent should be
original in it's construction and adapted
to the conditions as they exist. The
County Act as passed, / regard as
framed to large degree upon lines ap-
plicable on the mainland, but inappli-
cable in these Islands.
2. The existing act appears to me to
be too cumbrous and involved, to en-
b"ace. q, merely in one or two but in
many places, subjects having no rele-
vancy to its title and purpose, to lack
terse grouping and classification, and,
whether ratified by Congress or not, to
be incapable of successful administra-
ton. on this part of the discussion a
little detail may be in order.
The act embraces $40 sections and
covers 1853 pages of print. Clauses are
scattered through different chapters,
all of which cognate to one subject,
| would have to be grouped together.
Under it's provisions endless questions
of Interpretation and construction
| would arise, and much litigation would
| be the result.
The heading of the first Chapter is
| County Boundaries Under tins
heading, it would be naturally expected
| that no other matter would be included,
except the segregation of the Territory
| into counties. But the chapter deals
with judicial districts, tax districts ana
election districts, and proSides sys-
TEN of government for the Leper Set
tlement, which is organized into q
county by itself. The greater part OF
the chapter has no relation to County
Boundaries" Among other things, II
defines judicial jurisdiction and powers
and provides for fees to be collected by
public officers. Here are three or -four
topics placed together some of which
are essentially territorial in their ma
| ture, and under a heading to which
most of them have no application
| In Chapter 3, the General Powers OF
Counties" and the method of their eX'
| ercise are defined, followed by Title z
I Chapter 5, under the heading of Pow
ers of Counties" Chapter applies te
the Clerk of the Board of Supervisors
Chapter to Meetings of Board" anc
then, after two chapters on powers anc
intervening subjects. Chapter covers
General Permanent Powers and Quite!
of the Board Of Supervisors" The
second section of this chapter In three
lines confers powers relating to public
roads, ferries and bridges. and then fol
low Ave provisoes covering the details