The Hawaiian gazette., 1905-06-06

est, the Territorial credit as well as its
cash revenue being thereby applied to
the support and maintenance of coun-
ties.
4. That in transferring to the coun-
ties the right to ''open, construct,
maintain and close up public streets,
highways, roads, alleys, trails and
bridges,' the act transfers powers
now exercised by the Superintendent
of Public Works, aided in some in
stances by the Governor and High
Sheriff, thus materially and radically
changing the road system of the Ter
ritory.
5. That Act 90 provides that the
road taxes shall be a special deposit
in the Territorial treasury to the cred
it of each road district, to be paid by
the Treasurer of the Territory to the
county treasurers and "expended only
for the maintaining and repairing of
public roads and highways in the sew
eral road districts as authorized by
the supervisors of the county from
time to time This is a transfer
from the management of the superin-
tendent of fublic Works, inaugural
ing system which conflicts with the
Territorial system, and is legally i'm
practicable and incapable of enforce
ment. The act also impairs the obi
CATION of the bonds of the Territory
in depri, ing them of the security Of
the consolidated Territorial revenues
to tie extent of 80 per cent of the
taxes required by Act 90 to be paid
over to the counties.
G. That the act in reouirinp bonds
of Supervisors TO be approved by cir.
cult Judges imposes upon them fupc-
lions not judicial. and NOT according
to the course of common law or eouity
or to any provision of the Organic
Act
7 That tbe act violates tboso nro.
visions of tho Orgapic Act which re.
miro that sstbere shall be an Attor.
new General a SUPERINTENDENT of
Public Works. n Higb sheriff and don.
mites. and which reonire that thew sew.
erallv "shall have the powers and du.
ties'b mentioned or referred TO in the
Organic Act uexcent as changed Nv
this act and subject to modification
bv the Legislature. - II is claimed
that the mowers and duties entrusted
to and required of those officials NV
the terms of the Organic Act are mot
merely modified by the County Act.
but practically are obIiterated and
transferred to county officials.
g. That the act deals with contest.
ed elections and also with imneacb.
ment of supervisors. subjects NOT COO.
nate to its title. and is an attemnt 70
confer jurisdiction on the Supreme
Court in those matters.
tablisbed nv the Comfy Act ia iden.
teal with the leper settlement. which
the act leaves under the control of the
Board % Health. and which is inca
pable of organization into a county
while under the control and MANAGE.
ment of the Board. That the cbapfer
relating to this matter is unconstitu-
tional in providing that the salary of
the sheriff shall be fixed and paid by
the Board of Health out of the Ter.
ritorial appropriation. and that the
pay of policemen in that county she'll
be fixed and paid by the Board orr of
Territorial funds, and also in fixing
the appointment of a sheriff in the
Board, which has no power to make
such appointment.
10 That Section l12 of the Co,rtv
Act providing that "All laws or parts
of lawc, so far onlv as the same NAV
be inconsistent with apy provision of
this act are hereby repealed.u is in.
sufficient and void in failing to speci.
fy the repealed acts and parts of acts
SO that it is legally impossible TO de,
termire what laws are intended to
be renoaled
When the case was presented for mr..
gument the PLAINTIFFS attorney asked
leave to amend the submission nv in
sorting the additional ground that the
act had not been approved bv the Gov
ernor in accordance with the require.
ments of Section Sc of the Organic
Act as amended bv Act of Congress-
of March 8. 1905 (33 SITS. Mt L. l035),
recurring that county officials "be an.
or elected. as the case NAV be.
in such manner as shall be provided
by the Governor and Legislature of the
Territory. The defendants counsel
Directing. the court declined TO allow
this amendment.
QUESTION OF JURISDICTION.
The defendant DENYING that the act