The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-19
THE ELECTION
MUST COME FIRST
T. McCANTS STEWART MAKES
CLEAR HIS VIEWS OF THE
COUNTY ACT TEST CASE.


Il. McCants Stewart said to a repre-
sentative of the Star yesterday morn
ing:
You are not quite correct i'm say
ing last night that my idea was to get
an injunction to prevent the election.
That was Judge Highton's idea, and it
was approved by the Governor and At
toruey General Andrews, the three
holding, when the question of the right
of appeal came up, that as the sum of
100000 was involved. there could be no
question about the appeal.
If there was one thing clear, in our
discussion, it was my contention that
nothing be done until after election.
Il argued that if the election should
be stopped by our Supreme Court, and
the U. 5. Supreme Court should re-
verse our decision here, that it would
be too late to hold an election.
when the Governor charged me
with desiring to delay matters, l re-
piled. that l was not seeking delay;
that if suit should be brought, /
would be ready to join issue at once
before Judge Dole.
Not for a moment have | sought by
searching the authorities to ascertain
how a suit could be started. That was
Judge Highton's work. l devoted my
time to the study of all the authorities
| could find upon the question of the
removal of causes from the state and
territorial courts to the L. S. Courts,
as l was hoping to get this matter be-
fore Judge Dole.
when Governor Carter took the case
i'm hand and decided that he would
consider nothing but an immediate sub
mission to our Supreme Court, l got
out.
And now | am doing what I can
to get the Legislature to adjourn next
week after making appropriations for
counties unconditional Then if any
thing should happen to the County Act
the Legislature in special session can
pass another to meet the objections Of
the Supreme Court and keep on that
line, until we get a County Act
Some say that the Governor will
not be bound to call a special session,
if the County Act should be knocked
out; but that he can use the old APP
Precipitation act.
well, if he should attempt to do
that, some citizen will take the Auditor
before the United States District court
where a decision will be sought as to
the meaning of the provision of the
organic act allowing the treasurer to
use the old appropriations"
e&&A&&&e&A&&eA&eS@&@@&&&&&
hobbling along the best way he could,
which by the way would not be very
long for that Office requires a-chicken
with two legs. So / repeat Sammy hold
on to your present position as long as
they will let you, you have got cinch
now, don't let any fattery or ambition
disuade you from leaving a sure thing
for an uncertainty or else you will find
yourself in a position of a certain police
judge l knew some few years ago right
here in Honolulu, listen. A certain
! lawyer mever mind the name) was
made police judge, for some reason or
another, the powers that be then want
ed to remove him, but did not want to
do so summarily, but knowing he was
somewhat ambitious to be Attorney
General they offered him the position,
and Of course was accepted. About
that time something was brewing which
was known would come to a head i'm
a very short time. Well the crisis
| came quicker than was expected, the
cabinet was thrown out and Mr. At
| torney General was minus Of a job hav-
ing had the distinguished honor of be-
| ing Attorney General only few days
! But if for the same reason they had
your friends are so anxious to see you
sheriff, then I'm with them with both
! feet Aloha nui.
OBSERVATION-DISCLOSURES