The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-18
COUNTY
LAWSUIT.
Some Of the Points
Against the
Act.

An effort is being made 10. create
the impression that nothing is being
done towards the immediate test OF
the County Act in the Supreme Court.
| The fact is the work is going on stead
lily and it is hoped the form of sub
mission will be ready this week for
examination by the Attorney
and Henry E. Cooper, chairman of the
County Act Commission. At all events
it will be completed by Monday next
1t has been necessary to collect much
information. especially in reference TO
the bonded Indebtedness for public i'm
provements within the Territory, which.
| it will probably be claimed, is or
would be affected by the Act.
nut for the vociferous advocates
of local self-government" to crack IS
the mode of sustaining the counties.
By the division of territorial funds,
which the Legislature has adopted
over the Governors veto, Local self
government" so some Interpreters
have it. means that the taxpayers
within each county or municipality are
| the expenses of county in which they
do not reside
There is yet this point to consider.
| No man can say yet that the Supreme
1 ,la,.
submission. but the presidents in this
| territory give credence to the thought
that the Supreme Court will take cog
| nizance of the test case if so submit
ted 1t is asserted by the opponents
| of the new County Act that no one
would object to the legality of the Act
! being passed upon quickly by a sub
mission of the facts, unless he had
a motive for blocking action, and de-
| sired to see a decision thereon held
| back indefinitely.
| Judge Highton. who has been re-
| tanned to make the test before the
Supreme Court, does not assume the
1
it viii be a successful mode of inter
esting the Supreme Court by submis-
sion of facts, but he believes that it
| will be one of the wisest courses to
pursue to ascertain whether or not the
| Court will accept the case.
| One of the strong arguments against
the County Act is believed to rest in
the irrevocable pledge of the Territory
to pay it's outstanding bonds from the
| consolidated funds of the Territory.
The present law would give the coun-
revenues. and therefore make the coun-
ties a charge upon the territory. Thus
county organization, at least under the
new county act, makes it a territorial
charge. The counties generally 1egfs-
late for themselves and pay the bills
| but the counties proposed intend TIC
make use of the territorial credit
| which is believed to be blow at the
financial integrity of the Territory in
the payment of its bonded indebted
ness. This is regarded as one of the
absurdities of the county act, and may
be one of the features to be most at
tackled in the test case.
The bonds were guaranteed by the
consolidated revenues of the Territory.
To divert fifty per cent of the reve-
nues to the counties may be impair
ing the obligation of the contract. The
man who bought a territorial bond, no
doubt purchased 1t on the terms of the
law as it then stood.
One Interpretation of the County law
is that the county of Hawaii contrib
utes to the funds of the county of
Oahu and vice versa, and that each
! county contributes to the funds of all
the others.
|