The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-31


and roads. 1t will be observed that
these moneys now on deposit in the
Territorial Treasury hereina bove point
ed out, to the oedit of the various
Territorial Road Boards are special de-
posits in the treasury, and can only
be used for the purpose of the main
tenance and care and conduct of public
streets and highways, they being
special road tax deposits in the treas
ury for that purpose and that purpose
alone
As 1 have pointed out above, it does
not seem to me that the various road
boards for the Island of Oahu have any
legal existence. but even if they had a
bare legal existence, they would not
have the power of disbursing moneys
upon public highways and roads
throughout the County of Oahu, this
power having been specifically vested
in the Board of Supervisors
For the foregoing reasons, / am of
the opinion that it is an open question
as to whether the Board of Super
visors is not entitled to the amount now
on deposit to the credit of the various
road boards throughout the County of
Oahu
The chair opined that it would take
a special act of Legislature to approve
what the road boards had done previous
to the going into effect of the County
Act.
Adams stated that the road boards
had spent $4,000.
Called upon to give an opinion as to
the course to be pursued by the board
to secure control of the road funds,
Deputy County Attorney Milverton
stated that it was up TO the County
Treasurer to call upon the Territorial
Treasury for the amount on hand.
Should the Territorial Treasurer fail to
produce the county could bring man
damus proceedings.
Lucas moved that a copy of Dou-
thitt's opinion be sent to the Superin-
tendent of Public Works.
Moore said that since the road boards
We're said not to exist, and even if
they did exist, had no handling of
funds, the various boards should be
asked to at dire send in accountings.
Adams thought that demand should
be made on the Territorial Treasurer.
The chair said there We're no more
EOdu DOdFuS 81 IiOttiiiiS tOulu Dc QOlI6
by them If the communication was
sent to the Superintendent of Public
Works, the Superintendent would
at once turn the opinion of Douthitt
over to the Attorney General. and if
the latter found Douthitt's opinion cor
rect, the road boards would be closed
up.
The board voted unanimously to send
Douthitt's opinion to the Superinten-
dent of Public Works.
The proposed ordinance regulating
hunting with firearms was tabled.
A petition was received from Koolau-
poke asking for the raising of a road.
Referred to Roads Committee.
Nuuanu Valley residents wrote to the
board, praying that certain old lanes
be kept in repair. Referred to Com
mittee on Roads.
Moore introduced an ordinance regu-
lating the sprinkling of clothes. max
ing it unlawful for Chinese to spit on
clothes. The intent of the ordinance
is to check the danger of disease being
transmitted by consumptive celestials.
Fine and imprisonment were provided |
for violation.
The chair asked Attorney Milverton |
If imprisonment would not make the |
aundry splitting nuisance felony.
NOT If the Imprisonment be for less
han a year, in which event it would !!
De styled a misdemeanor,' replied |
Milverton.
Lucas brought up the matter of the
furnishing of the street grades to any
person wanting to put in curbing. He
lad been asked by a gentleman for in
formation on the subject. He asked
hat the county attorney be requested
O furnish an opinion as to the coun-
VS. status in the matter. So ordered. |
Adjournment till Tuesday, Sept. 5.