The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-02-17


by sections to the proper standing COM
mittees.
THE COUNTY ACT.
Then it was the turn of the County
Act, and the following communication
from the Commission was read:
Honolulu, February 18th, 1905.
Honorable George r. Carter, Governor
of Hawaii
Sir: The Commission appointed by
authority of the Joint Resolution of the
Legislature, approved April 10, 1904
submit herewith a draft of a County
Act.
The Commission has had in view the
drafting of an act which, While not
comprehending all the features of coun-
ty government as usually understood,
would provide for simple form of
representative government, placing the
management and control of local pub
lie affairs in the hands of county Off
GERS elected by the people
1t has been the endeayor of the Com
mission to draw an act which viii in no
way conflict with the constitutional
provisions of the Organic Act of the
Territory. For this reason the election
of boards of supervisors has been pro-
vided for in a separate bill to be pass
ed after the enactment of the prin-
cipaI act.
While the Commission expresses the
opinion that the election of boards of
supervisors is not in contravention of
the Organic Act still in Difference to
opinions expressed by Others the eX-
pedient above suggested has been re-
sorted to in order to avoid a possible
constitutional defect in the act
We desire to call your attention to
the fact that no revenue law has been
provided in the drafting of the act.
The question of placing the granting of
licenses and the revenue derived there
from in the hands of the county has
not been passed upon. It will there
fore be necessary for the Legislature to
provide by appropriation the necessary
funds for the Inauguration and conduct
of county government until such time
as other means of revenue are pro-
vided.
No provision has been made for the
turning over to the counties of any
property of the Territory. The act
provides, however, that the counties
may acquire ana nOlu real anu peISOIidI
property within their defined bounda-
ries, and manage and dispose of the
same as the interests of the inhabi-
tants thereof may require; and also ac-
quire for county purposes buildings,
water works, electric lighting plants,
and authority is also given to construct
and maintain public thoroughfares,
leaving the matter open for arrange
ment between the Executive Depart
ments of the Territory and the coun-
ties for the use of such Territorial prop
erty as may be necessary and conven-
lent.
The Legislature should provide by APP
the necessary funds to de-
fray the expenses of the first election.
We recommend the passage of an act
giving district magistrates jurisdiction,
subject to appeal, to hear and determine
all questions arising by reason of the
breach of any regulation or ordinance
Of the boards of supervisors.
We also recommend an amendment
to the penal laws providing a penalty
for violation of duties by county re-
eorder. and also providing a penalty
against the mutilation of public records
n the recorders office.
In accordance with the direction of
he resolution under the authority of
which the Commission was constituted,
We request that the bill submitted here
With may be transmitted to the Legis-
allure.