Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-05-26
SEEK TO ENJoIN SECRETARY IN
TEST CASE FROM SPENDING
MONEY FOR COUNTY ELEc-
TON.
Continued from Page ~

the Territory of Hawaii and providing
for the Government thereof" It. was
vetoed by the Governor April 10, and
on the 18th and 10th passed over the
veto by a two thirds vote.
April 25 the Legislature passed an
Act to amend the County Act, which
was approved by the Governor.
April 26 an Act relating to funds
for the payment of the expenses OF the
several counties" was passed. On the
same date 1t was vetoed by the Gov.
ernor. The Legislature passed It over
the veto.
April 26 an Act to appropriate mon.
ey for defraying the expenses of the
special election of 1905 under the pro.
visions of the County Act from the
public treasury was passed, which was
approved by the Governor.
| This Act appropriates $4,000.
The Secretary has promulgated all
these acts.
The Governor made two election
proclamations. the second one relat-
ing to the amending act.
Under the County Act the Secretary
is proceeding with the election and
unless restrained and enjoined from
the further expenditure of public
money" under the Act appropriating
$4,000 will complete the performance
of the duties imposed upon him." The
election proclamations have been and
are being published in various news
papers. Unless restrained and en-
Joined the Secretary will incur very
considerable expenses. These will ex.
coed $1,000 and be paid out of the APP
preparation of $4,000.
| Each and every of these agreed facts
are subject to objection by either side
to the contrary ION the ground of ir-
relevancy or immateriality or either
of them"
Questions of law arising upon tho
foregoing:
Castle denies and the Secretary af.
firms the validity of the County Act
and the Acts appertaining thereto.
Castle claims that, II the said Coun.
ty Act is unconstitutional and invalid,
first: as a taxpayer within the Terri.
tory of Hawaii, and tori, second: as
the owner and holder of the bonds of
said Territory, as hereinabove agreed.
he has the legal right, by proper Dill
In equity, to apply to Circuit Judge
of the First Judicial Circuit of said
Territory, for an injunction, restrain
Ing the said Secretary from the expen'
diture OF money In the territorial
Treasury for and in connection with the
special election directed by SAID Coun
ty Act, and that this proposition APP
pies 10 the ACT as whole' TO lts
parts hereinafter specified, II, taken
together, they are suihcient TO render
the said county ACT Volh or lnopera'
ltve, and tori to Acts 10 ana w, ana
each OF them, and each specihed part
OF each OF them, separately, In cohnec'
ton with each other or In connection
with SAID county ACT
The Act undertakes TO DIVIDE the
TERRITORY WIN countess nut does NOT
PROVIDE 1or the government thereof'
because IL makes no provision LOT the
payment OF the expenses OF the coun'
" governments II seeks 10 estaDiish'
ana ignores the SUBJECT OF local TAXA
uon' within each OF said countess ana
contains no provision or provisions TOT
the assessment OF properly ana the COZ
|lectioh OF local taxes
|ihe ACT violates the principle OF To-
cal set'go'erhmeht IN that II does not
provide Tor the support OF each county
government. by the taxpayers within
the limits OF the county; 1t undertakes
10 support ana MAINTAIN the local gov
ernment OF each county out OF the ter
rltoriai revenues; ana IL apples the
credit OF the SAID territory TO the sup
port and maintenance OF the local gov
eminent OF each county; 1t renders
me SAID counties merely benehciaries
OF the territory; II compeis the TAX
payers OF the entire territory TO sup
port and maintain the local govern
ment within each county.
| castle claims that the ACT violates
sectioh 40 OF the organic Act; That
tne Act purpOrtS 10 create counties,