The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-07

of the functions of the Territorial Off
Ger, but modification of the same.
But such condition does not obtain
with regard to the Kapiolani Park
because the Kapiolani Park was never
under the control of the Superintend-
ent of Public Works
Can 1t be claimed that the Kapio-
1ani Park Commission could force the
County OF Oahu to make appropria-
tons for the use of Kapioiani Park
II the Board of Supervisors could be
forced TO appropriate moneys for the
maintenance of this institution. then it
would be a legal claim Charged ble''
against the county: it could be en-
forced by legal proceedings-bur /
hardly believe that the Board of SUI
perVisors of this county could be le-
galiy forced 20 pass appropriations for
The purpose named; and therefore il
must follow. by logical deduction, that
if the Board of Supervisors of this
county could not legally be forced ~
make such appropriation. then the
claim would not be enforcibIe against
the county and if the claim is not en-
forcible against the county. then the
Board of Supervisors could not be
forced to audit or allow such claim.
In conclusion. will state that your
honorable board is vested with GER
tain prescribed powers. beyond which
If can not go. Much as your board
would desire to make the appropria-
ton in question still it can only act
within the scope of the power vested
in it by law. l am, therefore. of the
opinion that inasmuch as the claim
is not legal claim against the coun-
f., "a y 1,
that your board has no power to make
any appropriation with regard to Ka-
piolani Park. 1 beg to remain, respect
fully yours,
E. A DOUTHITT,
County Attorney. County of Oahu.
LUCAS WOULD APPEAL.
Lucas. while respecting the opinion,
thought that it would not hold water
and urged that the matter be taken
to the Supreme Court. He said that
if the board had been misappropriat-
ing money on behalf of Kapiolani Park
for several months the members of the
board might be held responsible.
Lucas and Douthitt entered into a
lengthy discussion of the matter at the
end of which neither seemed TO be any
forwarder.
Lucas suggested the employment of
outside counsel in order that the mat
ter might be taken to the courts inn
mediately
Douthitt said that it might be as
we'll to wait for a day or two and get
an agreed statement of facts to SUBJ
NIT to the Supreme Court.
Archer said that he was with the
County Attorney in the matter and
thought that after hearing the opin-
ion rendered no more appropriations
for Kapiolani Park should be made.
When the County Attorney is ready
to outline a course to be taken in the
matter, a special meeting of the board
will be held and definite action taken |
KAHAUIKI BIDS.
The bids ON Kahauiki bridge were |
discussed. It was decided to await the |
return Of County Engineer Gere befored
taking action on the bids.
HOUSE NUMBERING.
1t was decidSd that House Murderer |
Murphy should be authorized to pro- |
coed with his good work until the same |
be completed.
BANDS ISLAND TRIP.
Archer asked that the band visit the |
Eva district on the 18th inst. 1t will |
go. |
Paele wanted the band for Koolauloa |
and Koolaupoko districts on the 23rd |
oath and 25th inst. KapellmeisterB Berger |
will be authorized to make the trip.
At 1925 p. m. the meeting adjourned |
subject to the call of the chair.