The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-05-09
ANDREWS AND
COUNTY
ACT
THE ATTORNEY GENERAL RE-
PLIES TO THE COELHO REsOLU-
TION ADOPTED BY THE HOUSE.

Attorney General Andrews replied
this morning to the questions pro-
pounded by the House Of Representa-
tives, at the suggestion of Long anent
the County Act. His letter ran as
follows
Honolulu, May g. 1905
To the Speaker and Members of the
House of Representatives of the
Territory of Hawaii.
Gentlemen: Your favor of May Sth,
asking certain questions, duly received,
and in reply / would answer them as
follows:
First: In response to question num-
bered /, have you expressed to any
person a doubt as to the legality of
the County Act" l have the honor to
reply: Since the passage of the County
Act considerable doubt has been ex-
pressed as to the legality thereof, and
any and all conversations by me had
in relation to such doubt have been to
the effect that such doubt should be
removed by a decision of our Supreme
Court
That as Attorney General of the Ter
ritory it was and is my duty to uphold
and not to attack the laws of the Ter
ritory.
Second In answer to your question
as to whether / have held any con-
situations or interviews with any per-
sons, who have declared their intention
to test the legality of the County Act
in the courts" l would reply that
believe that the only way we can be
assured that local self-government,
such as this Act provided for, can be
had under the present Organic Act, is
by bringing the matter immediately to
the attention of our Supreme Court so
that a decision might be rendered prior
to the involving of the Territory in the
large expense necessary to a complete
change in the form of government.
have caused the matter to be taken
up for presentation before our courts,
with the distinct understanding and
intention of defending the Act against
any and all attacks and such / consi-
der to be my duty in the premises.
Third; In answer to your third ques-
ton as to whether l have stated to II.
e. Cooper and r. McCants Stewart that
/ desire them to assist me in defending
the act, and as to whether l have had
any correspondence with them l would
reply, that requested both these gen
tlemen, who had acted as commission
ers in drawing up the act, to assist my
office, provided that they would per-
form said services gratuitOusly, and
that l understood both gentlemen to
accept the offer, but later had my
doubts as to Mr.. Stewards accepting
the same without fee. AS a result l
wrote these gentlemen the letter at
tached hereto and have received an an
swer from Mr.. Stewart a copy of which
1 hereby attach.
Fourth: In answer to your question
as to whether / have stated to A. G.
M. Robertson that / would be glad to
have him hold himself in readiness to
assist me, would state that have
had some talk with Mr.. Robertson to
that effect. but have not yet decided
whether it is necessary to request his
assistance.
In closing / would state that under
the Organic Act it is the duty of my
Office to represent the people in all
government suits and l would be
derelict in my duty if 1 should require
the government to pay large sums of
money to other counsel for attending
to these duties.
Yours respectfully,
(Signed) LORRIN ANDREWS,
Attorney General.
Copies of the letters to Cooper and
Stewart were enclosed as was Stewards |