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


def--rs which could have been dlscoT-
cred only D. attempting 10 put a coun-
~ Law II operation There is no doubt
In my mind, that the old blu can now
be improved upon both IN a practical
and zeal say
lust HAVE COUNTIES
NJ Robertson comes pretty near ex-
pressing my views said United states
Attorney r. " Breckons. who was
nex1 caTlea upon 1t Is very dIfr1~
cult matter 70 give 4 view OF section
of lax on such short notice / under
stand The Attorney General has Iooked
into the question OF appropriations. and
his opinion should weigh mora than
rFaf Of any other lawyer he Is the
legal adviser IF the government ana II
II * his opinion that the appropriations
nv The last Ieglsla t1r= hold over YOU
Mr. Governor. would De JusIne0 II
proceeding or that theory, # No OBJ
jectiorz we're made IN the courts L
there are 10 objections then every
thing should be easy I myself do not
favor calling the legislature together
Il the Organic Act carries over the ap-
r2rorriatio OF the old Legislature. As
far as the county act Is concerned
am n accord with M Robertson II
necessary TO cali a special session. De-
fore the legislature convenes. three Or
four biIfS could be drafted and present
sd covering the different subjects OF
Iegfs5a ton necessary. Sooner or later
y911 are bound TO have county govern
Tnen1 here and any proceeding thal
leaves that issue in doubt is dangerous
There are people here who cry for IL
ara there ara people N Washington
who say we must have il. for the evils.
real or imaginary, which are said 10
exist Il We don't pass county acI
conzresS VIII. and IN shape whlch
may act be very pleasant eiIher
URGES APPEAL TO CONGRESS
X o smith urged an immediate ap-
real - Congress- The best way out
Of the present difficulty, in my opinion,
said X. O Smith. rs 10 urge the pass
ase q the bill now pending before
CONGRESS which was drawn in antlei-
ration ~ lust such difficulty as this,
A. me time ar Batch was sent 10
Wash ing1on Il this bill does not
neer tl1a approval OF Congress It can
be amended Action Is difficult De-
cause the tzTo decisions Of the Sd
rrerle Court have left rs very Hl1aca
IN fb- dark as 10 what kind Of a Dill
would be valid II e matter OF re-
gret that the questions raised could not
have been passed upon by the Supreme
Courx and thus have settled the mat
Tar definitely II may be years De
fore ve ear get bill which VIII stand
the Ias1 OF rae courts Both OF tne
decisions we're 10 the effect that the
county law was in conflict with the ct
garic Act, which is an act Of Congress,
and the only way We can remove the
difficulties Is in the passage of the bin
now before Congress That bill Is now
being gone into fully and the simplest,
easiest and most direct way 10 settle
this entire difficulty is 70 sex 10 have
the bill passed BY Congress. This re-
moves every difficulty which Is found
in conflict with the Organic Act We
are better competent 10 judge Of the
details Of a county act than mem 0ers
Of Congress very few Of whom know
1nuca, about our difficulties here
IF later a man should be convicted
and T The Supreme Court Of the United
states decided that the county act IS
not in conffict with the Organic Act.
great confusion would result There
ara those who disagree with the ruling
OF the Supreme Court. and are certain
that the lar embraces but one subject
OF course II an assault and battery
Law was passed and on the eno vas
tackled q provision about the fsh mar
II
subjects But the county acr pro-
xides for the government Of Hawaii,
AMI the whole law relates 10 counties
and their fgover1InenE- Il We call q
special session OF the legislature II VIII
take months 70 pass a new law me
biz Tow before Congress IS the remedy
fer the whole matter, and Il attention
VAS called 70 the difficulties here and
an urgent request sent TO the President
BIZ the Governor. this would De the
most direct and simple way II sPs-
claI session is called fer appropriations,
the legislature may say II VII not pass
appropriations but VIII amend me
county act which the Supreme Court
may again say Is IN conflict with the
Organic Act Then the regular sss-
sion may make another attempt 10 pass
q county law. and il may again be de-
cIarea invalid IF the course which
I suggested Is followed II VIII De abso-
1uteiy necessary 10 have some person
In Washington who Is familiar WITH
conditions here. while he bin Is being
considered I see By the morning pa
per thar there = objection % the three
years residence clause for county ON
GERS. and the delegate has also sent
communication 70 the Bar Association
on the subject Then there IS 4 ques-
ton as 70 the legality o. he S9cLaol
relating 70 hack drivers Il Congress
once begins by amending the county
act Il is very necessary 70 have 3 per-
son there while the bin Is being con-
s5dered. and ali these questions which
may arise can De answered Immediate
iy.
How about the hnancesg'' asked
Governor Garter
IF this course is taken. and cable
message sent urging action II TWO OF
three weeks Congress vii act and VIII
either pass the bin or refuse ID do 50
Meanwhile the Territory can take
charge. and the Governor do what -
necessary 70 De- done. Suppose there