The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-26

and violates the principle Of local self
government, within the United States,
under its constitution and cOnstitu-
ional system, by reason of the fact that
it does not provide for the support of
each county government by the tax
payers within the limits of the county.
c. Read in connection with Sections
1 and 8 of Act 80 aforesaid, the sad
County Act disregards and violates the
principle of local self-governmenJ,
within the United States and under its
constitution and constitutional system.
by reason of the facts, first: that it
makes the counties it seeks to estab-
lish a territorial charge; second: it uE-
dertakes to support and maintain the
local government of each county out
oe the territorial revenues; and, third:
it applies the credit of the said Terri
tory to the support and maintenance
of the local government of each coun-
ty.
d. The said County Act read in
connection with Sections / and OF
Act SO aforesaid, destroys local self
government within each of the coun-
ties it seeks to establish, and renders
the said counties merely benefciaries
of the Territory of Hawaii.
E. The said County Act, read in con-
nection with Sections l and of Act
so aforesaid, compels the Taxpayers Of
the entire Territory Of Hawaii to sup
port and maintain the local govern
ment within each county.
f. The said County Act does not
create counties or provide for the gov
ernment thereof, or establish local-self-
government, within the constitution,
the laws, the system of government,
and the judicial presidents, of the
United States, and the several States
and Territories of the American Uni.
on, but on the contrary, establishes
subdivisions of the Territory of Hl-
wall, which are not counties and lack
the most essential attribute of coun-
ties as aforesaid.
For each and every the foregoing
reasons and for all conjoined, the said
County Act is unconstitutional, void,
invalid and imperative
3. He claims that the said County
Act violates Section As of the Organic
Act, of the said Territory for each
and every the following reasons:
\. The said County Act purports to
create counties, and is, therefore, new
and original legislation in said Terri
tory, not amendatory nor supplement-
AIRY to pre-existing legislation.
b. The said County Act assumes and
undertakes to transfer the duties Of
Territorial officers, as, for example
many of the duties of the Superintend-
ent of Public Works, of the Attorney
General, of the II Oh Sheriff, and of
other territorial officers, to the coun-
ties and their local officers, as shown
by Chapter 4, Section 9, Subdivisions 3,
3a and 4, Chapter 10, Sections g., IS,
60, Chapter IS, Section 70. and Chapter
q, Sections 80 and 50.
G. The County Act, therefore, in adj
dition to the creation Of counties $50
called covers distinct and positive
changes i'm the pre-eXisting laws, al
fecting whole systems of the Territor-
ial government and entire chapters Of
the Revised Laws of said Territory.
and, therefore, it embraces more than
one subject, within the meaning of the
law and a number OF subjects, not eX-
pressed i'm its title.
d. The County Act containing no
provision for local taxation. treated by
itself, If 1t Is to go into effect at all,
compels radical changes in the Terri
torial system of taxation and I'm the
application Of the revenues derived
from this source. 1t is therefore, on
its face, absolutely void and inopera-
tive, because IT makes no provision for
the support Of the counties it seeks to
create. Read I'm par materia with
Act SO aforesaid and especially Sec
tions 1 and thereof, it does make ra-
dical changes i'm the application and
use Of Territorial revenues. But these
changes are not referred TO or covered
in the title either of the county act it,
self or Of said SO. Act 80, there
fore, as well as the County Act, vio-
lates Section As Of said Organic Act.
4. He claims that the County Act,
read i'm connection with Act 90 afore-
said, without which Act il can have no
legal existence, is imperative and void,
and that said Act 90 is itself iuopera-
tive and void. for each and every the
following reasons:
A. No fixed revenue Is provided for
the support and maintenance of the
counties and for the payment of the
local expenditures within them res
pectively 1t is declared by Section
/ of said Act 90, that fifty per centum
Of the total amount Of poll ana school
taxes ana taxes on property and in
come collected In each County, shall be
paid to the Treasurer of said county.
Except as to the salaries of certain