The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-05-24
SCHOOL MONEY
CONTINUED from page l.,

There are $4,000 ia the Treasury
now belonging to these road board
funds" said Treasurer Campbell yes
terday, but as L read the new law
we can only draw upon it on warrant
from the county boards of Supervi-
, sors. I have passed the matter up to
the acknowledgements office for solu-
ton
There was a mild sensation about
the Capitol, and among the down
town banks. too. when it became
known that the Treasurer had turned
down a road warrant from the Super
intendent of Public Works. For a lit
tie time indeed there was some talk
of mandamus proceedings, and an at
torney was consulted, but Governor
Carter stopped that.
They had everything ready for the
mandamus proceeding said the Gov
ernor, but I would not stand for it.
1 would not countenance spending
$3.50 CT the money of the taxpayers
to test the County Act"
In effect, it is the validity of the
County Act that is in question, be-
cause the County Act will not stand
if the enabling act providing funds is
knocked out. Acknowledgement An
drews, when seen relative to the mat
ter, said that he was considering the
point raised by the action of the
Treasurer.
The action taken by Seer etary
Campbell was based upon two sec
tons of Act 90, namely sections three
and seven. Section three provides
very plainly how and by whom road
dc haI I1A oA W.
Section 3. The road taxes as at
present laid down by law shall be a
special deposit in the Territorial
Treasury to the credit of each Road
District. and shall, by the Territorial
Treasurer. be paid out to the County
Treasures of the Counties respective
ly within which the various Road Dis
tricts shall be. And the said Road
Taxes shall be expended only for the
making, maintaining and repairing of
public roads and highways in the sew
eral road districts as authorized by
the Supervisors of the County from
time to time.
The county Treasurer shall under
no circumstances allow these special
deposits or any part thereof to be
used for any other purposes under APP
visors except for the making, maintain
ing and repairing of the public roads
and highways as aforesaid"
This. however, would not matter so
much if it were not for the joker in
Section seven. The section is very
simple. 1t reads:
This act shall take effect from and
after the date of its passage
And, that section hides the African
in the woodpile. Because the County
Act itself does not go into effect-that
is, County Government does not be-
come operative, until the first day of
July. If the trainers of Act 93 had |
made it operative at the same time,
this particular hitch would not have
occurre ed. AS it is, although the SUI
perintendent of Public Works can go |
ahead as he has always done with the |
road work. he has entirely lost the |
power to pay for the work, and the
funds provided for the purpose must |
remain locked up in the Treasury I'M
til the County Supervisors come into
Office and order them paid out. And
perhaps that will mean a cessation of
work on the roads, as well as some |
other things. AT all events, it is a |
pretty tangle as it stands.
Aside from these entirely new legal |
aspects Of the case, there was nothing |
of moment developed in the County
Act contest yesterday. Mr. Highton
said that he expected to have his
hypothetical case ready for submits
sion to the attorney for the defense
of the act this week, possibly by
Thursday, and if he does the case
may reach the stage of argument in
the Supreme Court next Monday.
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