The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-07
No MONEY
FOR PARK
CONTINUED from Page ID


to County purposes alone. If the ap-
preparation is not for County pur-
poses within the meaning of the Sec
tons above quoted then the Board
of Supervisors has absolutely no au-
thority to make such appropriations.
The powers and duties of the Board
of Supervisors of tnis County are pre-
Scribed and laid down by the County
Act, and if they go beyond the scope
of the Act which gave them the pow
err, then such act would be unwarrant-
ed and ultra wires In other words. in
order to properly ascertain the pow
ers of the Board of Supervisors with
regard to the handling and disbursing
of public moneys, a strict compliance
with the letter of the law must be
observed by the board for it must be
remembered that the Board of Super
visors is acting in a fiduciary capa-
city. That is to say, that the DISPOSE
ton of public funds is vested in the
board for a limited period of time, and
each and every Supervisor is held and
should be held, according to law, to
a strict accountability for these trust
funds. And so, therefore, it is not a
question as to what the Board of Su-
pervisors desires to do, but rather,
question touching it's powers.
In approaching this question, it be-
comes necessary to call the attention
of your Honorable Board to the ex-
tent of power, limitations and canons
of construction with regard to NUM-
cipal corporations. I have heretofore
quoted from Mr.. Dillon in his work
on Municipal Corporations, with re-
gard to appropria for the schools,
nf
board may be readily seen, 1 therefore
take the liberty of quoting again from
Dillon on Municipal Corpora tons, as
follows:
1T is general and undisputed prop
osition of law that the municipal
corporation possesses and can exercise
the following powers and no others:
1. Those granted in express words;
2. Those necessarily or fairly implied
in or incident to the powers expressly
granted; 3. Those essential to the de-
clared objects and purposes of the
corporation,-nOt simply convenient,
but Indispensable. Any fair, reasona-
BILE doubt concerning the existence of
power is resolved by the courts against
the corporation, and the power is de-
MED. OF every municipal corporation.
the charter or statute by which it is
corporation nor it's officers can do any
act or make any contract or incur any
liability not authorized thereby. or by
some legislative act applicable thereto.
All acts beyond the scope of the pow
ers granted. are void"
Mr.. Dillon further quotes with ap-
prevail the forcible language of the
learned late Chief Justice Shaw, who
speaking of municipal corporations,
says:
They can exercise no powers but
those which are conferred upon them
by the act by which they are created,
or such as are necessary to the ex-
ercise of their corporate powers, the
performance of their corporate duties,
and the accomplishment of the pur-
poses of their association. This prin-
ciple is observed from the nature of
corporations, the mode in which they
are organized, and in which their af-
fairs must be conducted"
1t is a we'll settled principle of con-
struction of grants by a legislative
body to municipal corporations that
only such powers and rights can be
exercised under them as are clearly
comprehended within the words of the
act, or derived therefrom by necessa-
ry implication, regard being had to
the objects of the grant Any ambi-
guilty or doubt arising out of the terms
used by the legislature must be re-
solved against che corporation and in
favor of the public. In support of
this doctrine, I cite the case of Min
ton VS. La Rue, % How. 435. This doc
trine has been affirmed and reaffirmed
by the highest court in the land, in
cases arising subsequent to the Min
ton case.
We must take into consideration that
the power of the Board of Supervisors
with reference to the disposition and
appropriation of public funds is dele
gated power. and being a delegated
power, it becomes necessary to adopt
a strict and rigid construction, rather
than loose and pliable one.
So, therefore, in endeavoring to as
certain what the powers of the board
may be with regard to the appropria-
ton of public moneys, it will be neces-
sary to ascertain what may be the
subjects or objects of appropriation.
1t is specifically set forth in the Coun-
ty Act as hereinabove quoted, that
the Supervisors can only make appro-
priations for legal claims against the
County. Now it must follow, that if,
in any given instance. there is no legal
claim enforcible against the County,
then the Supervisors would be viola
ting their trust if they should make
appropriations for purposes which could
never be made the basis of legal
claim against the County 1t must not
only be a legal claim against the
County, but it must be enforcible as
such. In support of this view. beg
to call the attention of your Honora-
bic Board To the action taken b1y tho
supreme Courts of a number of states
with reference to this subject. The
Supreme Court Of the State of Cali
fnrnia in the case of linden uS Case