The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-26
.HIGHTON FILES
THE TEST CASE
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The first legal proposition set forth
is that if the county act is invalid and
unconstitutional Castle as taxpayer
or bondholders or in both capacities,
has the legal right "to apply to a cir
cult judge of the First judicial Circuit
of said Territory for an injunction res
training the said Secretary form the
expenditure of money i'm the Territorial
treasury for and in connection with
the special election directed by the
said County Act"
The document sets forth eighteen le-
gal propositions, some of them divided
into several sub-heads, under which it
is claimed that the act is unconstitu-
tional and void. The first is that the
act does not within the meaning of the
Organic Act create counties, because of
the taxation system which makes the
counties merely beneficaries Of the
Territory Of Hawaii and does not pro-
vide for the support of each county
government by the Taxpayers within
the limits of the county.
Another objection urged i'm many
ways is that the act violates Section As
of the Organic Act i'm that it undertakes
to transfer the duties of Territorial Of
ficers, such as the Superintend emit of
Public Works, Attorney General, High
Sheriff and others, and in that it EN-
braces more than one subject and a
number of subjects not expressed in it's
title.
Act SO, amending the county act is
claimed to be unconstitutional and void
and it is stated that without Act 80 the
whole county act is imperative. Act
90, it is stated, impairs the obligations
undertaken by the Territory and eX-
pressed in its outstanding bonds in
that it turns over half of the Terri
tory's income to the counties. Act 90
is also attacked generally on its system
of taxation and the handling of public
funds
Both the County Act and Act 80 are
said to violate Section 55 of the Or
ganic Act, defining and limiting Lee
gislative power in Hawaii. The county
act is claimed to violate Article three,
section l and of the United States
constitution, sections 81 and 50 of the
Organic Act and sections 1917 and 1915
of the Revised Laws because: 1t inn
poses on circuit judge the mot judi
cial" functions of approving the bonds
of the county officials.
The following are some of the inn
portant legal propositions involved as
set forth in the bill
l. The said w. r.. Castle claims that
if the said County Act is unconstitu-
,r,.t
within the Territory of Hawaii, and
(or), second: as the owner and holder
OF the bonds of said Territory, as here
inabove agreed, he has the legal right
by proper bill i'm equity, to apply ia
a Circuit Judge Of the First Judicin
Circuit of said Territory, for an in
junction, restraining the said Secretary
from the expenditure Of money i'm the
Territorial Treasury for and in con-
nection with the Special Election d.
rected by said County Act, and that
this proposition applies to the said
County Act, as a whole, to its parts
hereinafter specified, if, taken together
they are sufficient to render the said
County Act void or imperative, and
corr to Acts 70 and SO, and each Of
them, and each specified part of eaca
of them, separately in connection with
each other or in connection with said
County Act.
2. He claims that the County Act
aforesaid, within the intent and mean
ing of Section So of the Organic Act
of the Territory Of Hawaii, as amend
ed by Section / of the Public Act of the
Congress of the United States, APPROX
ed March 3rd, A. d, 1905, is not an Aol
creating counties within the said Ter
ritory and providing for the govern
ment thereof for each and every tn,
following reasons:
A. The said County Act undertake.
to divide the said Territory of Hawai-
into counties, but does not provide fol
the government thereof, because, first
it makes no provision for the payment
Of the expenses of the county govern,
ments it seeks to establish, and, sec,
ond: it ignores the subject of local tax
1tion, within each of said counties ana
contains no provision or provisions fol
the assessment Of property and the col,
lection Of local taxes within each OF
said counties for the support of it.
county government,
B. The said County Act disregards