The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-07-29
CFrom Wednesdays Advertiser.l

OF Supervisors still at issue before the
County Act Commission, the subject be-
ing treated in various forms at last
nights session by Judge Dole, w. O.
Smith, John Emmeluth, William Hay
wood and the various members OF the
Commission.
William Haywood of Washington
presented views on the government of
the District OF Columbia claiming for
it the most beneficial method OF provid-
ing for the interests OF the community
residing within the circle. There was
to be found honest government executed
by three commissioners. Such form
for Hawaiian municipalities would, in
his opinion be of the utmost benefit to
all the taxpayers.
On the other hand Mr.. Haywood de-
precated the prevailing method OF TAX
| ing all the Hawaiian difficulties onto the
| floor of Congress. He advised the Com
mission as well as the community against
sending even the County Act to Con-
gress. The Supreme Court of Hawaii
was the proper body to which the Act
should be referred for determination as
to its legality.
Governor Dole did not believe that
the trainers of the Organic Act had the
purpose in mind OF looking to the future
establishment by the legislature of gov
crnments within the territory, when it pro-
vided that boards of all kinds were to
be appointed by the Governor. In his
opinion, this provision was meant only
for the territorial government boards
and not for boards provided for in any
new forms of lesser governments within
| the greater government.
John Emmeluth agreed with Judge
Dole in this respect.
When the walking Declaration OF
said he had been dubbed, arose and
agreed with Judge Dole, there was a
straining OF necks to ascertain whether
there was not some mistake But Mr..
Emmeluth repeated his assertion, and
his new attitude was amply borne out
when Judge Dole and Mr. Emmeluth
walked out of the hall together and
down the street almost arm in arm.
w. O. Smith suggested way out OF
the appointing and electing dilemma by
proposing that the act provide for the
election OF seven, nine or twelve mem
bers for the various supervising boards,
the Governor to appoint from those
elected the requisite number of officers
to make up the Board. He presented
to the Commission a copy OF County
Act which he had drawn up privately
and which had not heretofore been made
public. The Act expressed his views
completely, having been drawn up when
he was a member OF the Republican
County Act committee three years ago.
The meeting opened with all the com
missoners present save Mr.. Beckley who
is on Molokai, and with number OF
citizens present. The meeting last night
as on other occasions was greatly ham
pered by drum and bugle corps prac-
ticing in the yard, but this will be done
away with by next meeting.
VIEWS OF WILLARD.
The secretary read the following
views on County Government from
John Willard of Kauai:
Lihue, Kauai. July 90, 1904.
To the County Commission, Honolulu,
T. II.
Dear Sirs: In reply to the questions
! submitted in reference to the county
act under consideration by your body,
| it is my opinion:
| First: An elective board of super
visors under county government is
| within the terms of the Organic Act.
The power conferred upon the Governor
to appoint all public boards in the Or
ganic Act refers to territorial boards
as created by the Organic Act or by
the Legislature and not to such boards
as are incidental to county government.
the power TO pass all laws necessary
to the establishment of county govern
ment having been expressly conferred
upon the Legislature.
An elective board of supervisors is
so essentially a part of the American
County Government system that il
must be necessarily included as a fun
damental element of such system and
the question If carried TO the extreme,
would be answered by the sound con-
tention that the power of tn. Governor
to appoint all public boards is subject
to the limitation that the Legislature is
empowered To establish an American
system of county government and make
all fundamental offices Hereunder cleo
tive,
Second: II would seem wise to draw
the county act I'm a definite and safe
manner, To 90 into effect within rea-
sonable time after the passage without
any reference Ia Congress for ratiiioa-
tion on approval
Third Draw "a county act giving the
Governor the right 20 appoint an roun-
~ boards ana rrlurst Congress "a
| amend the organic Act hy expressly
recognizing the rlsht of am elective
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