Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-08-31

| ACCORDING 10 lengthy OPINION, pre-
scented to the Board Of Supervisors at
its meeting last night, by County At
torney e. A. Douthitt. road boards
throughout the County have no legal
existence and the Board is entitled to
the money on deposit In the Territorial
Treasury to the credit Of the road
boards.
when this opinion was read, Chair
man @. w. Smith said:
1T would require q special act Of
the Legislature to approve what these
road boards have done previous to the
going into effect Of the County Act"
Adams said the road boards had
spent $4,000, having about $1,000 left.
Called upon to give an opinion as
to the method to be pursued by the
Board to secure control OF the road
funds, Deputy County Attorney F. w.
Milverton stated that II was up to the
County Treasurer to call upon the Ter
ritorial Treasurer for the amount on
hand. Should the Territorial Treasurer
| fail to produce, the County could bring
mandamus proceedings.
| Lucas moved that a copy Of Dou-
thitt's opinion be sent to the Public
Works.
Moore said that since the road boards
were said not to exist and, even II they
did exist, had not the handling Of
funds. various boards be asked to al
once send In accountings.
Adams thought demand should BIZ
made on the Territorial Treasurer.
The Chair said there were no moro
road boards. SO nothing could be done
by them. II the communication was
sent to the Public Works. the Super.
intendent would at once turn the opin.
ion TO the Attorney General and, II the
Attorney General found Douthitt'.
opinion correct, the road boards would
be closed up.
The Board voted unanimously Ia
send Douthitt's opinion to the Super.
intendent Of Public Works.
County Attorneys Opinion.
The opinion rendered by the County
Attorney contained the following:
In order to constitute the members
Of the road boards a legal body. thu
appointment by the Governor con
templated in Section so Of the Organic
Act must be confirmed by the Senat,
of the Territory OF Hawaii. Wher
once confirmed. however, they woult
hold Office for the term specified in tn,
laws Of the Territory OF Hawaii.
have carefully gone over the Jour
nal Of the Senate for the years 1901
1902, 1908. 1904 and 1905. and l canno
find any record Of the confirmation b
the Senate Of any member of tn
Road Board or OF the Board Of Fir
Commissioners.
No Legal Road Boards
] In accordance with the provision
OF Section 651 Of the Revised Laws Q
Hawaii, the road board for the DistriC
Of Kona has long since been abolished
!. Therefore, there being no road boar
for the Dlstrictc OF Kona. and tn
members Of the various road board
for the vaious districts throughout tn
: island of Oahu not having been al
! pointed or confirmed In the name
! provided by law, 1t follows that thei
Is no legal road board in existence
But In connection with the invei
: tigation of the powers Of the roa
were on deposit In the Treasury of til
! Territory Of Hawaii on the Goth da
: OF April, 1905. namely. the day O
! which the County Act went into effec
! as distinguished from the amounts Q
; deposit to the credit Of the Roa
Boards throughout the Districts on II
25th day Of August. 1905. as follows:
April Augu
20. 1905 rs, 19'
Honolulu f.. ......$ 4,O98.87 : 425.,
Eva and Valance. 9.355.40 6.334.'
Waialua . ........ 2.51702 a.
Koolauloa ...... 1,S50.97 35l.;
Koolaupoko -. AHA ......
In other words there was. on ga
25th day Of August, 1905. on depos
In the Treasury Of the Territory
Hawaii to the credit Of those vario,
Road Boards the sum Of $7,146.21.
/. Board Controls Roads.
.. II seems to me that It was the int
j Of the Legislature. In pursuance Of Il
Section Just quoted. that the maint
nance and care OF the public stree
and highways throughout the vario
districts shan be under the direct s
pervision and control OF the Board
Supervisors. And In that connection
might add that the Board Of Superv
ors is the only Board which can dl
% tribute or disburse funds for the ca
TX and maintenance OF public highwa
IA. opd vnada 10 uytlI ha nhoarvad IN