Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-02-28

tons for the maintenance OF public
schools. we must necessarily look to
the provisions of the County Act and
ascertain therefrom whether this pow.
err is expressly given or whether II is
given by necessary Implication. Sub.
division of Section 8. Chapter of
the County Act reads as follows:
mo county shall in any manner give
or loan its credit to or in aid of any
person or corporation, and any in.
debtedness or liability incurred con.
trary TO this provision shall be void :"
In subdivision Z OF the same chap.
Ter, we find the following:
"All contracts. authorizations. al.
lowances, payments and liabilities en-.
tered into. granted, made or incurred
In violation OF this act shall be void
and shall never be basis Of a claim
against the County"
/ Further. with regard to the powers
OF the Board Of Supervisors. we find
In Chapter IL, subdivision 3, section
So. the following:
ITO authorize and supervise the ex.
penditure OF all funds belonging to
the County;
Il. To enforce all claims on behalf
claims against the County"
The duties of the County Auditor
are to be found in Chapter is, Sec.
ton rs, as follows:
The Auditor shall issue warrants
on the County Treasurer In favor OF
persons entitled thereto In payment Of
claims and demands ehareeable
aeainst the County which have been
legally examined, allowed and ordered
paid by the Board OF Supervisors"
Further, Section rs of the same
Chapter. says:
IAN warrants shall distinctly spec.
ify the liability for which they are
drawn and when the same accrued"
Supervisors Limited.
II will be seen from reading Of
the above quoted sections that the
Board of Supervisors Is limited In its
appropriations to County claims and
County purposes. There Is nothing in
the County Act which either expressly
or by necessary implication grants the
power to the Board of Supervisors 20
make the appropriation for schools.
The schools are under Territorial su.
pervision. They are not maintained
by the County. They were not nstl.
tuted by the County. The teachers
and other employees employed there.
In are In no way responsible to the
County. II these schools were County
institutions then | am of the opinion
that under the County Act the Super.
visors could well make appropriations
for and maintain the same, but under
the existing condition of affairs. | am
constrained to hold that Il would be
beyond the scope OF the powers vested
In the Board OF Supervisors of this
County to make appropriations for the
purpose named. The law Ii that the
Board OF Supervisors must confne T.
self strictly TO the terms OF the County
Act. and all presumptions are In favor
of the public The Supervisors are
only trustees for the purpose, among
others, of dispensing County funds
and In the dispensing of the same they
are limited and confined to the act
which gave them the power
For the foregoing reasons. I am oI
the opinion that your honorable Board
has no authority to make any appro
priations for the maintenance or sup
port OF public schools.
Moore Wants to Help.
az NHhN We Nlth uON VI
this way" said II. 7. Moore, but II
, there was any way by which we could
help the schools, I'm sure we woult
he doing a splendid thing and some
, thing that the people generally woult
appreciate. II seems to me that W.
I might arrange II under some specla
proposition. We could spare, say
! $500 a month to help the schools on
until the strain 10 over at any rate
Lucas thought the Attorneys opinion
!. settled the matter.
MY idea," said Archer. would b
to lend the money, II we could get nj
!. POLITICAL parties TO promise to give
!. back to us through the Legislature.
THE other Islands could not be In
r duced to give money for Oahu schools.
: said Lucas.
County Entitled to More.
Moore said: THE Governor sal
the other day to me that the troubl
was the Territory had not been allow
. ed enough money and the County ha
been allowed too much. | told him Ii
County had not been allowed enough
Adams agreed with Moore.
Ic Adams also wanted 10 know VIII
3. superintendent OF Public Instructio
- babbitt did not draw on some $4.0C
l. or more that he had on hand. No OF
~ could guess the answer, Each Supe
visor in turn said II was too bad Il
County's hands were tied; there WI
nothing more deserving chan Il
Irr schools. John Hughes was present al
RS was invited by the Chair to speak {
e the matter. Mr.. Hughes remarks a.
Il. lear elsewhere.
e. Lucas then moved that Mr.. Babbiti
Is letter be received and placed on Il
and that the County Clerk be instru
IT. ted to communicate with Mr. BabbiI
rs sending him copy OF Douthitt's Cpl
n ion and explaining the situation. Ca
~ ried.
M To Move Hack Stand.
OF The matter of the petition for the r
re moval OF the hack stand now on Unit
ns street. near Hotel came up Represe
on tatives OF the hack stand were preseI
w. Wolters, property owner ther
abouts, was also on hand. Attorn
In X. b. Anderson attended. representa-