The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-05


title, since it purports to create coun-
ties and is therefore new legislation
not amendatory of or supplementary
to pre-existing legislation, and assumes
to transfer many of the duties of the
Superintendent of Public Works, of
the Attorney General, of the High
Sheriff and of other Territorial officers
to the counties and their local officers;
and covers distinct changes in pre-ex-
isting laws affecting whole systems of
the Territorial government and chap
ters of the Revised Laws.
). That except as to certain salar-
les the act contains no definition OF
or limitation upon the expenditures of
counties and nroVides no fixed revenue
for their support and maintenance or
for payment of local expenditures.
The only limitation of expenditures is
that they fall within the so per cent
of the total amount of poll and school
taxes and taxes on property and in
come collected in each county, which
by Act 90 is to De paid to county
treasurers. Such a plan for payment
of local expenditures is impracticable
and incapable of enforcement. There
is no limitation upon the amounts for
which county warrants are to be
urer of the Territory in favor of coun-
ty treasurers. Act. 90 "relating to
funds for the payment of expenses for
the several Counties transfers to the
Auditor powers that could be legally
exercised by the Legislature only, or
if requisite powers were delegated to
them, by the Boards of County Super
visors. The Auditor is invested by
Act 90 with discretion to determine
the amounts above 10 per cent of the
estimated taxes payable to each coun-
ty within six months from July to De-
cember next and afterward not less
than Is per cent, for which monthly
warrants shall be drawn, there being
no proportion fixed between the war
rants and the actual or current ex-
penditures of the counties. Act 90
compels the Territorial Treasurer, if
there is no money in the treasury to
pay the monthly warrants, to register
them and thereafter until paid they
bear interest at 5 per cent per annum,
thereby creating an enforced loan by
the Territory to the counties for
which the Territory is charged inter-
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
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 tublic Works, inaugural
ing a system which conflicts with the
Territorial system, and is legally i'm
practicable and incapable of enforce
nent. Tie act also impairs the obli-
cation of the bonds of the Territory
IN Gepriy ing them of the security of
the consolidated &C Territorial revenues
% the extent of 80 per cent of the
taxes required by Act SO to be paid
,ver to the counties.
Continued on page 3D.