Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-07-27
To Elect or Appoint
COUNTY BOARDS
StirS Commissioners

/ WOrkS ana Otner matters Dy providing
| that the head officials upon the differ
ent islands shall constitute boards of
education, health. public works, etc,
and let the officials sitting as such
boards make rules and regulations for
the guidance of all officials in such de-
partments throughout the Territory"
Smiths Compromise.
81 have a few suggestions" said w.
o. Smith, "in the matter of the ques-
ton OF the appointment by the Cover
nor Of boards, as required by the Or
ganic Act. Here is presented ques-
ton which Is difficult to overcome.
Might net the solution of the problem
be accomplished in this way: If 1t is
clear that the county Boards of Super
visors are boards as contemplated. to
be- appointed by the Governor, in the
Organic Act, why not provide that each
county shall elect say, for example,
nine or a dozen men from which the
Governor may appoint the requisite
number to compose the county Boards
of Supervisors. II would not do, of
course, to provide only for the election
os sve men I'm this manner for tho,
would be taking from the Governor all
chances for the exercise of discretion.
III the way that | have suggested the
djmoujtv presented nv tho wordinp NJ
tho Organic Oct may no overcome and
at the same time those who are ap-
pointed by the Governor as members
of tho county po,rds of Supervisors oro
representatives Of the people, having
been elected by the people"
Chairman Cooper-In other words
your would make OF the electorate a
nominating convention!
Commissioner Watson-But the Gov
ernor would not be Obliged to appoint
any of those men elected us you have
suggested.
Mr.. Smith.-He would not be Obliged
to do so. actually; and yet he would
be practically Obliged TO do so.
Commissioner watson.-There would
be nothing TO compel him TO do so.
II was at this point that Federal
Judge Dole entered the hall, bowling
to the Commissioners and other cit
liens.
Commissioner Stewart addressing
Mr. Smith Gould you mandamus the
Governor In the event OF his refusing
to appoint those men elected?"
Mr.. Smith, think the practical re-
suit would be that the Governor would
make his appointments from the men
elected.
All E,vo, e,.o,,on
Chairman cooper-I think there is
no doubt hut that we are all Of on.
l,nind as 10 tho adyisabnlty ~ election
of members n, tbs ha.,,ds I, we car
So proyide witbout the danger of bav.
ing our work 20 for naurht. without
the danger OF having the act that W,
draw declared void by the suprem,
Court. as was the last act. We all he
lieye that these boards snould he elect.
ed II. under tho Organic Act they car
be so elected"
Commissioner Stewart. - Yes. IN,
fear ia that II the Organic Act IL con.
strued against the election of thes,
boards we should have another count,
act nullIfed nv the local suprem,
Court
Mr.. smith.-Then all this work woul,
go for naughtl
Alternative prooosition.
, Judge Dole.-What objection is Their,
, to placing in the act which you draf
, the alternative proposition; that IL Il /,
: found to be not In accordance with tn,
, Organic Act to have elected boards
. we can provide for the appointment o
the boards by the Governor?
Chairman "copper" fear the provi
, sion.
I Commissioner Stewart.-As | sal,
before to Mr.. Rawiins. Il Is very doubt
full II the provision would be operative
D several FEATURES enter into the make
1 up OF BOARD; the number OF member
A composing that body, the tenure OF OF
: nee and the method OF creation OF tn
: poaru; IL we eliminate any one elemen
We nave no board.
2 Judge Dole,-Why nOty