The Hawaiian gazette., 1905-05-09
DEFENSE OF
COUNTY ACT
Something Of a Tangle
About Attorneys and
Their Pay.

introduced into the House yesterday
asking Attorney General Andrews q
number of questions as to whether he
had expressed any doubt of the legal
ity OF the Act, whether he had con-
suited with, any persons who had ex-
pressed a purpose to test the act, and
whether he had had correspondence or
communication with certain attorneys
relative to the defense OF the act in
the courts.
Now, as a matter OF fact, Mr.. An
drews can defend himself and his own
course upon any question, and will
make on entirely comprehensive an
swer to the House resolution, without
doubt. In fact some of the corre-
spondence asked for by the House reso-
luton, which by the way was intro
duced by Representative Carlos Long,
has already been made public through
an afternoon paper. In connection
with the introduction of the resolution,
and its introducer, it is perhaps signif-
icant that. the correspondence in ques-
ton is with one of the attorneys who
would have profited by any appropria-
ton made for the defense of the Coun-
ty Act.
1t will be remembered that when the
commissioners were asked to assist
the Attorney Generals department in
the defense of the County Act, Mr..
Andrews informed them that he had
no money to remunerate them for their
services other than nominally. Mr..
Cooper expressed his entire willing
ness to assist under the circumstances,
as he had worked hard on the Coun-
ty Act and took a personal interest
IN Its success.
The other, Stewart, was likewise
willing to assist but he was, we'll, per-
haps not what you would call so dis
interestedly enthusiastic. Also, very
shortly after the announcement was
made that the commissioners would as
sist in the defense of the County Act,
an attempt was made to appropriate
money In the House to pay the attor-
neys who had agreed to serve with
out pay in handsome fashion for their
services. And then the Governor was
heard from, emphatically. He gave it
to be understood in pretty plain lam
guage, as is the fashion of the Gov
ernor, that he would not for a moment
SoohtChoiiSc any VI thC
public money in this season of scarcity
to pay the fees of attorneys who had
agreed to work without pay-even If
that agreement was tentative, on the
part of one of them at least.
Now the move against the Attorney
General and against the Governor has
taken new direction, but it will prob
ably be found that the proposed raid
upon the Treasury will not succeed
any better for the new tactics. Liter
ally, Hawaii has not the money to
throw away.
The correspondence made public yes
terday, not by the Attorney General,
will be interesting perhaps. 1t fol-
lows.
May 6, 1905.
T. McCants Stewart, Esq, Honolulu.
Dear Sir In consultation with the
Governor, I find he feels the Terri
tory's financial situation of two years
ago has not been materially altered by
the Legislative session which has just
expired. The net result is an increas-
ed revenue of some s43,000.00, with
many laws requiring increased expen-
ditures throughout the different De-
partmentS of even more than this
amount. Thus he is of the opinion
that the strictest economy in all De-
partments is as necessary today as it
was at that time.
He believes that any funds needed
for the defense of the County Act
should be raised by private subscrip-
ton; otherwise it is the duty of my
90 nff fn
defend the law.
Under the circumstances. I do not
understand that you would care to as
sist without fee of any kind, and,
therefore, will consider your connec-
tion with the matter at an end.
Thanking you for your kindness, /
remain,
Respectfully yours,
LORRIN ANDREWS,
Attorney General.
Honolulu, H. T., May 6, 1905.
Hon. Lorrin Andrews, Attorney Gen.
eral, Honolulu.
Dear Sir: have your kind favor of
this date in re my connection with
proposed defense of County Act.
II you will refresh your memory, you
VIII nnd, tnat you nave no 1oundatlon
for the statement, contained in this
paragraph of your letter, namely:
Under the circumstances, I do not
understand that you would care to as
sist without fee of any kind"
You will recall that at the inter-
view. which Judge Cooper and myself
had with you at your Office on last
Wednesday, I made 1t clear. that
would serve, II necessary, without pay
using repeatedly the expression that
1 would take up the matter as "a pub
lie spirited citizen"
write now to re-affirm that state
ment, and in order that you may not
misunderstood it, repeat that, I shall
be- glad to assist without putting the
Government to a dollar OF expense for
my services.
With this understanding I shall be
glad to have you re-affirm your re-
quest for me to appear in the case
with Judge Cooper.
Yours truly
A RIU,cy csTNr1xU A n