The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-03-09

/ necessary to carefully read lne pIo-
| visions of the County Act with refer
ence to the disposition OF such funds.
Subdivision 5, section o. chapter OF
the County Act provides as follows:
mo county shall in any manner give
or loan it's credit to or in aid of any
person or corporation and any In
( dcbtedness or liability incurred con-
! trary to this provision shall be void =
Subdivision of the same chapter Is
as follows:
IAN contracts, authorizations, allow
ances, payments and liabilities enter
ed into granted, made or incurred IN
violation of this Act, shall be void, and
shall never be the basis OF a claim
against the County"
Subdivision of the same chapter is
as follows:
Each of said counties shall, for the
purposes and objects of this Act, be
body corporate and polite, and as
such shall have all the powers and
authority by this Act prescribed, the
| same to be vested in and be exercised
| by the Board OF Supervisors of the
County, as hereinafter provided, etc"
Section g. chapter IA, defining the
]
vides as follows:
"The Board of Supervisors of each
! County shall have general supervision
/ and control of all the public affairs OF
| thei- respective counties, etc"
Subdivision ] of section 62 reads as
follows:
"To fix the salaries OF all County
officers, not herein otherwise pro-
vided:"
Subdivision 8, section So, is as fol-
lows:
"To authorize and supervise the ex-
penditure of all funds belonging to the
County"
Subdivision 4 is as follows:
"To enforce all claims on behalf of
the County and approve all lawful
claims against the County"
Section 10 of chapter IS defines the
duties of the Auditor as follows:
1.-The Auditor shall issue warrants
on the County Treasurer in favor of
persons entitled thereto, in payment of
claims and demands chargeable against
J the County, which have been legally
examined. allowed and ordered paid by
the Board of Supervisors, The Audi
| tor shall also issue warrants on the
! County Treasurer for all debts and
demands against the County when the
amounts are fixed by law or authorized
| by law to be allowed by some person
or tribunal other than the Board OF
! Supervisors"
Section 76 of chapter is provides as
follows:
IAN warrants shall distinctly speci
fy the liability for which they are
drawn and when the same accrued.
Section 81 of chapter IS provides as
! follows:
1.-The Auditor shall prepare and sub
NIT to the Board of Supervisors each
year statistical report of the Coun-
ty, exhibiting separately the receipts
and expenditures by and on account
of each office board, commission and
institution and classify the principa
items of income and expenditure ac-
cording to a plan to be approved by
the Board of Supervisors, and the
Board of Supervisors shall publish the
same"
1t will readily be seen from a read
ing of the above quoted sections con
tanned in the County Act that thu
Board of Supervisors of each County Il
restricted in its appropriations OF funds
to County purposes alone. If the ap
preparation is not for County pur
poses within the meaning OF the sec
tions above quoted, then the BoarC
of Supervisors has absolutely no au
thority to make such appropriations
The powers and duties of the BoarC
of Supervisors of this County are pre-
scribed and laid down by the Count!
Act, and If they go beyond the scop
of the Act which gave them the pow
er, then such act would be unwarrant
! ed and ultra wires. In other words, il
order to properly ascertain the pow
ers of the Board of Supervisors will
regard to the handling and disbursinl
| of public moneys, a strict compliance
with the letter of the law must b,
observed by the board, for 1t must b'
remembered that the Board of Super
visors is acting in a tiduciary capa
city. That is to say, that the disposi
tion of public funds is vested in tn
board for limited period of time, an
each and every Supervisor is held an
should be held, according to law, t
strict accountability for these trus
funds. And so, therefore, II is not
question as to what the Board OF Su
pervisors desires to do, but rathe,
question touching its powers.
In approaching this question, II be
comes necessary to call the attentio
> of your Honorable Board to the eS
tent of power, limitations and canon
OF construction with regard to mum
: cipal corporations. have heretofor
quoted from Mr.. Dillon in his wor
on Municipal Corporations, with RI
gard to appropriations for the schools
= but in order that the powers OF III
( board may be readily seen, l therefor
= take the liberty OF quoting again frol
Dillon on Municipal Corporations, q
follows.
!, 1T is a general and undisputed prol
!, osition OF law that the municip
corporation possesses and can exerci
- the following powers and no other
;, l. Those granted in express word
=, . Those necessarily or fairly impli'
u IN or Incident Ia the powers express
j. granted, 3 Those essential 60 the q
y rlnred objects ana purposes of Il
corporatlon,-not simply convenier
J. but Indispensable, Any fair reason
a BILE doubt concerning the existence