The Hawaiian gazette., 1905-03-24
THE SENATE
tconrinued from page 81

IN tnat pubic manner.
Paris said that in that matter he
thought 1t was the duty of the Senate
to take 1T up, no matter how repug-
nant 1t might be. 1t might fairly be
given to a committee. The committee
need not take up everything. In the
caucus yesterday he said they ought
to know IL those things were SO or not.
A judicial committee would be able to
handle the matter properly.
McCandless closed the debate and
the resolution carried by a vote of
to 4 on a show of hands.
The president appointed as the COM
mittee McCandless and Lane of Oahu,
Hewitt Of Hawaii Hayselden of Maui
and Gandall OF Kauai
At 11:45 the Senate took recess until
2 D. m.
AFTERNOON SESSION.
The 6rst business after recess was
| consideration of the Governors veto of
House bill rs, which was sustained
unanimously.
Consideration OF the Governors ap-
pointments to office was, on motion of
McCandless, deferred until March %.
COUNTY ACT REPORT.
Dowsett presented a report of the
| special committee to which were re-
ferred sections 2s, "a, 81, Ss and SO of
the County bill. 1t was laid on the
table to be considered with the bill.
The report follows:
Honolulu, March 90, 1905.
Hon. D. p. r. Isenberg, President of
the Senate
Sir: Your special committee, to which
was referred Sections 2S "a, 81. SS and
/ SO of House Bill No. l. entitled "An
Act creating Counties within the Ter
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 Of
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 Su-
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.
1t has also been suggested that the
section in question involves an illegal
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
tion "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 provisions
of the Organic Act. relating to cleo
lions and the duties of the Secretary
of the Territory in connection there
with, your committee is advised that
the disposition of those records as ap-
parently contemplated by said section
is proper and legitimate incident of
the main subject of the Act In the
opinion of your committee, however. it
would be more appropriate to regard
1
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