The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-03-23
THE SENATE
Continued from Page p
AFTERNOON SESSION.

1Ie III 81 DhS4litSS dIlEI ISCCSS " q
consideration of the Governors veto of
House bill IS. which was sustained
unanimously.
Consideration of the Governors ap
pointments TO office was. on motion of
McCandless. deferred until March 25.
COUNTY ACT REPORT.
Dowsett presented a report of the
special committee to which We're re-
ferred sections 28, ga 81, IS and SO of
the County bill. 1t was laid on the
table to be considered with the bill.
The report follows:
Honolulu, March % 1905.
Hon. D. P. r. Isenberg, President of
the Senate
Sir: Your special committee, to which
was referred Sections %. "a. 81. IS and
SO of House Bill No. l. entitled An
Act creating Counties within the TIE
ritory of Hawaii and providing for the
government thereof" begs to report as
follows:
First. Having consulted counsel your
committee is advised that the fixing OF
the rates of pay of certain county Or
ficers in Section % is not the making
of an appropriation of moneys. but
merely fixing the salaries of certain
officers. the actual appropriation and
expenditure of which from the county
treasury would devolve upon the SUI
pervisors under the provisions of Sec
ton 81 of this Act. The fixing of such
rates of pay either definitely or within
specified limits, is a matter of detail
| incident to the main subject which may
properly covered in and by the Act.
Ii has also been suggested that the
section in question involves an lille al
| interference with the counties which
are given corporate powers under this
Act. A complete answer to that is
| IN creating and establishing these cOun-
| ties, the Legislature may legally i'm
pose such reasonable conditions and
| limitations as it may deem eXpedient.
| Second. The question arising in Sec
ton "a as to the legality of the meth
cd prescribed for the disposition of the
| records of election pertaining to coun-
| ty elections in view of the proVisl- ms;
| of the Organic Act relating TO cleo
| tions and the duties of the Secretary
of the Territory in connection there
with. your committee is advised that
the disposition of those records as APP
parentIy contemplated by said section
| Is a proper ana ltSllliildle lilC4dCIIt VI
the main subject of the Act. In TIE
opinion of your committee. however, it
would be more appropriate to regard
| the existing regulations relat' ng to the
disposition of election records as not
intended to apply to county elections.
| except only as provided in this Act.
and would therefore recommend that
the section be amended to read as fol-
| lows:
Section "a. The returns of election
of county officers. together with the
ballots and lists of records concerning
the election of county officers and cop
les of the statements concerning the
results of such elections shall be trans
mitted to the County Clerk of the
county in which such election is held,
and shall be preserved by him accord
ing to law.
Third. In regard to Sections 81, IS
and SO of this Act. your committee is
advised that there are no objections tC
these sections. The Supreme Court has
held that IAN act relating to taxation
could cover both Territorial and Coun-
ty taxation" Us Haw. 300 In order
to properly define the duties of the
tax assessors, another act should be
passed covering the subject of taxation
and prescribing those duties.
Respectfully submitted.
J. NJ DOWSETT,
| Chairman.
l.. L. McCANDLESS,
| G.. c. HEWITT,
s KALAMA.
| J. GANDALL.
McCandless moved to take up the bill
forthwith, along with the report.
LEGAL ADVICE WANTED.