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


Then. Ia Hn I.UuII'UH .r ur limitation
uINu lI0 expenditure. nf .IIl .1uui'.
or of HuN of H.m. Whit. Chapter I
Section Gl. or said County Act requires
tHD Board off Supervisors uf uUDh Cuuu.
ty to prepare budget ou ..tmIt. ut
Expenditure for the ensuing fiscal yolr
u manner and form therein prescribed.
both expenditures and Income are to
be estimated and, read m couuoD-
ton with Act 93. Section !. the only
limitation of expenditures is that they
must fan within nifty per coutum of
the total taxes collected or estimated
for the ensuing fiscal year Such "a
plan for the payment of local eNpeudi-
lures within each county is legally im-
practicable and incapable of enforce
meut.
b. Act 90, Section T. subdivision T.
proscribes no legal definition of or
limitation upon. the amounts. for which
county warrants are TO Doe drawn 10y
the Auditor upon the Treasurer of the
Territory i'm favor of the Treasurer of
each county, and transfers to the audi
tor powers that that could only be le-
gally exercised by the Legislature or, if
the requisite powers We're delegated uu-
der said County Act, by the Board of
Supervisors Of each county 1t provi-
des that such monthly warrants from
July to December 1905 inclusive shall
be not less than ten per ceutum. and
afterwards not less than fifteen per
centum, of the estimated" tax payable
to each county within six months. The
only limitations are, First: the lowest
estimated percentage for which said
warrants are to be drawn and that I'm
the aggregate, during each period Of
six months, they shall not exceed the
half of the territorial revenue within
each county, to which each county is
entitled. The auditor. therefore, is
invested with discretion, to- determine
/ the amounts, above ten per centum in
/ the first instance, and above fifteen per
centum i'm the second, for which his
monthly warrants shall be drawn, and
no poroprtion whatever between said
warrants and the actual or current eN-
penditures of the counties is establish
ed. The subdivision i'm question, there
fore, is legally impracticable and in
capable of enforcement, and invests an
executive territorial officer with legis-
lative authority.
c. Act 80, Section I, subdivision .,
adds to the force of the preceding OBJ
jections, by compelling the Treasurer
of the Territory i'm the event of there
being no money i'm the territorial treas
ury to pay the monthly warrants afore-
said to register the said warrants,
which thereafter until paid or until
&c. 4
to cash them. and notice of that fact
is given, bear interest at the rate Of
five per centum per annum. This sub
division, therefore, operates as an en-
forced loan by the Territory TO the
counties, for which the territory itself
is charged interest, and furthermore
applies the territorial credit, as well as
it's cash revenue, to the support and
maintenance of the counties.
d. The County Act, Chapter 4, Sec
ton ., Subdivision 8, includes among
the county powers, the right to open,
construct, maintain and close up pub
lie streets, highways, roads, alleys
trails and bridges within its bounda-
ries," and thus transfers powers now
exercised by the Superintendent of
Public Works, aided in some instances
by the Governor and by the High She
rift of the Territory, and constituting
a complete system under the applica-
bic sections of the Revised Laws of
Hawaii to the counties respectively. 1t
changes materially and radically the
road system of the territory. Section
8 of Act 80, provides that the road
taxes of the territory shall be special
deposit in the territorial treasury to
the credit OF each Road District, to be
paid out by the Treasurer of the Terri
tory to the County Treasurers Of the
respective counties, and shall be eN-
pended only for the maintaining and
repairing of public roads and highways
i'm the several road districts as author
lied by the Supervisors of the county
from time to time" This quoted Ian
guage, though not cognate to the title
of Act 80, "An Act Relating to Funds
for the Payment of the Expenses OF
the Several Counties" if it has any
legal force, is connected with the pow
err, hereinabove enumerated in Chapter
4. Section 9, Subdivision g. of the Coun-
ty Act The result is the transfer OF
said management from the Superinten,
dent of Public Works, and the inaugu'
ration of a system conflicting with the
territorial system otherwise established
by lew legally impracticable and in
capable of enforcement.
5. He claims that the said County
Act and the said Act SO, Section /, CON
strued together, are unconstitutional
and void, and that the said Act SO is
unconstitutional and void, because i'm
pairing the obligation Of the contract
expressed in each and every bond OF
the Territory of Hawaii, so outstanding
as aforesaid, and of each and every
bond so owned and held by him as
aforesaid, by depriving the said bonds
and each of them, of the guarantee OF
pIadga of 81 much of the consolidated