The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-16
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.

Board Of Supervisors and deprive itSo
any part of ordinary legislative discre
ton. Sections q and % of the same
chapter provide for contempt proceed
ings and undertakes to define judicia
duties. This is neither organizing mol
tgoverning a county, and, though prop
er enough, belongs to the department
of territorial legislation.
| Chapter 9, Claims Against County,
practically confers upon Boards of SUI
pervisors the powers and exacts from
! them the performance of the duties OF
an auditor.
| Chapter 81, Section 215, referring &c
| the Board of Equalization properly
| defines false swearing to statement
| as perjury, but its subject matter be-
| longs to the Penal Code. The next
| section, 216 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 a county government law
Section 221, of Chapter q, establishes
Board of Equalization of taxes for
the Territory" This is another illus
tration, under the decisions already
made, of the Incorporation of territorial
legislation into a 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 the ter
ritorial treasury This entire subject
has nothing to do with the title or OBJ
ject of the act.
Chapter SO defines Territorial
Charges
The entire subject of licenses is mi
nutely provided for iii twenty-seven
pages. Licenses, therefore, within
counties, are provided for by a terri
torial law, to be administered through
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, it appears
to me, it should be done by legislation
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 adj
of public business, locali-
ties should be adequately represented.
Chapter so, Section 361, undertakes to
re-enact or confirm the territorial laws
in 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 |
deYolved upon the Minister of the IN |
terror to the Secretary of the Territory. |
Chapter 81 undertook to establish a !
Territorial Board of Public Institu- |
TONS" On this point, in view of the |
decisions, nothing further need be said. /
Chapter So confirms preeNisting terri
torial laws, and in section 395 locates /
the penitentiary of the Territory and
by section 397, provides for its control
and management by a territorial board.
It further requires houses of correc-
ton to be erected and maintained for
territorial purposes.
Title Z deals in extenso with elections.
S-r 1
he jurisdiction of election contests
" the Circuit Courts.
Chapter Sc provides for the Transfer
# Property from territorial to county
,ficers. This important duty, which
vas TO have been performed January
tn, 1904, and which affects real estate
S we'll as personal property, appears
o me to be clearly within the lines of
erritorial legislation, auxiliary to but
ot part of a law establishing counties
nd providing for their government.
This answer to your question is long, | !
ut it is very brief compared to what .
hight be said, for it is made up of a
Nv conspicuous reasons, controlling my
alignment. why the now obsolete Coun- :
= Government Act cannot be amend
or revised either by the Territorial
legislature or by Congress, or by both
ombined, so as to render it a valid
nd effective law.
Question: What, then, should be
one? Do you recommend the ADAM
of local lf-government?
Answer: Assuredly not. I think it G
,pedient that the defunct act be aban-
,ned, although many of its provisions r
ay be ultimately adopted. and that,
fore the meeting of the next legfsla- !
Ire, new act be prepared for con- .
deration-which:
/. Should be moulded upon the ex- ;,
ting facts and actual conditions in =
is Territory-and as far as possible =
lould protect skilled American labor -
ON Asiatic competition. =
2. Should be concise and simple in =
provisions. :,
3. In which each topic should be 2
gregated and treated in one place. =
1. Should be thoroughly systematic -
and brought within definite ciassi- :
ations.
). Should not invade territorial legis- Z
ton.
). Should practically enforce econo- 4
Y and avoid the unnecessary multi
cation of offices and increase of ex- E
nses.
-. q