The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-02-18


lature, and a county act was passed by
that Legislature. The results are known
to you, because the act was declared
illegal by the Supreme Court, and was
brought here last year for your con-
sideration. The difficulties in regard to
that act came about from perhaps two
chief sources-frst, because in the Ter
ritory of Hawaii many of the citizens
are unfamiliar with the American sys-
TEN Of county government; and, sec
Ond, because the organic act has in it
certain clauses and statements which
make it very difficult to frame coun-
ty act in keeping and harmony with
that organic act.
Mr.. Wilson of Arizona-How many
members are there in your legislature?
Mr. McClellan-Fifteen senator's and
30 members of the legislature.
Mr.. Wilson Of Arizona-How are they
selected?
Mr.. McClellan-By popular ballot,
which is almost unrestricted.
Mr.. Wilson of Arizona-How do you
apportiOn them?
Mr. POwers-We passed a bill here
apportioning the senators. / was in
structed by the committee to Introduce
IL in the House, and got it through. l
think that was before you came here,
Mr.. Wilson.
Mr. McClellan-This is simply to
make possible the establishment of the
county government, which was origin
ally contemplated i'm the organic act it.
self.
An effort was made last year, when
the matter was submitted to the Su-
preme Court on an agreed statement
of acts, to get the Supreme Court to
pass upon this question Of whether the
governo~ of the Territory was the only
man empowered TO establish boards. or
whether it was possible under the cleo
tive system for counties to have such
boards elected under a county act. I'm
fortunately the Supreme Court did not
rule upon that point. They ruled the
county act unconstitutional on tschni-
cal grounds, and very carefully refrain
ed from making any pronouncement on
tbs prime question of electinS the
board of supervisors or any board Of a
public nature.
Mr.. Spalding-Do you not think this
goes a good ways here in ratifying in
may pass providing for the election of
hoaros? This would ratify any law or
the subject that they might pass, no
matter what it is.
Mr. McClellan-That is possibly mis-
leading in a certain way. Those acts
I'm themselves do not have to be ratified
by Congress at all
Mr. Spalding-i understand.
Mr. McCleilan-And this is merely to
clear up a single point, namely, as to
whether you gentlemen in Congress are
willing that the citizens of Hawaii
should have the possibility of electing
any board for their public affairs, and
leaving to them the question of what
board they will choose to elect, and at
what season and so on; i'm other words,
all questions of detail
Mr.. Spalding-You use the word
board" here. The legislature evident
ly under that might designate any set
of officers in the Territory of Hawaii
as a board, and thereby take the APP
pointive power away from the COVER
nor and take 1t into their own hands
for election.
Mr.. McClellan-No, sir; think not.
do not see how the Territory of Hawaii
in its local legislature could say, for
example. that the superintendent Of
public works, the superintendent of
instruction, and the treasurer Of the
Territory should form a board, and
therefore should be elected by the Ter
ritory under any county-act legisla-
ton. That would be clearly and dis
tinctly against the organic act.
Mr., Spalding-You make this cover
county, district, or municipal boards.
Mr.. McClellan-Yes, sir. We take it
that the Territory of Hawaii is entitled
to the same freedom in managing its
own affairs as the Territory of New
Mexico or the Territory of Arizona or
the Territory Of Oklahoma. / under
stand that 1t is. There certainly has
never been any possible or remote sug-
gestion in the discussions Of the mat
ter at Honolulu or in the Territory that
there should be made a certain com