The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-03-02

. . .
! Dear Sir: In response to your re-
quest made on the 26th day of Febru-
ary, 1906, as to the powers of the
Board of Supervisors with reference to
making appropriations for the support
of schools, payment of teachers, etc, L
beg to say as follows:
thoroughly appreciate the neces-
sity for aiding the schools, for | am
aware that the amount appropriated
by the Territorial Legislature is not
sufficient to maintain proper standard
in one of the most important branches
of government, viz, the public schools.
But, however, much as the present con.
dition as to the public schools may be
deplored, still. the Board of Supervisors
can do only such things as are con-
tanned in the County Act, or, by reason
able and necessary implication, may be
attributable to them.
| DEFINING the extent of power, limita-
tions and canons of construction with
regard to municipal corporations, Mr..
Dillon saws. in his work on this sub
iect, as follows: "It is a general and
undisputed proposition of law that
municipal corporation possesses and
can exercise the following powers, and
no others: first, those granted in ex-
press words; second, those necessarily
or fairly implied in or incident to the
powers expressly granted; third, those
! essential to the declared objects and
purposes of the corporation-not sim
ply convenient, but indispensable. Amy
fair reasonable doubt concerning the
existence of power is resolved by the
courts against the corporation, and the
power is denied. OF every municipal
corporation, the charter or statute by
which it is created is its organic act
Neither the corporation nor its officers
can do any act, or make any contract,
or incur any liability, not authorized
thereby, or by some legislative act ap-
plicable thereto. All acts beyond the
scope of the powers granted are void. "
Dillon on Municipal Corporations, VOL
], Sec SO.
ONLY POWERS DELEGATED.
1t is a well settled principle of con
struction of grants by a Legislative
body to municipal corporations that
only such powers and rights can be ex
ercised under them as are clearly com
pretended within the words of the act
or derived therefrom by necessary i'm
plication. regard being had to the OBJ
jects of the grant. Any ambiguity o.
doubt arising out of the terms used b,
the legislature must be resolved in ia
vor of the public. This doctrine ha
been sustained by the Supreme Cour
of the United States in the case o.
In subsequent cases, the Supreme Cour
of the United States has said that s
municipal corporation "can exercise
no power which is not, in express terms
or by fair implication, conferred upor
it." Thompson VS.. Lee Co., 3 Wall.
800; Thomas VS.. Richmond, IL Wall.
$40.
so, therefore, to ascertain whethe
, the Board of Supervisors of this Coun
, ty has the power to make appropria
tions for the maintenance of publi
schools, we must necessarily look to tn
provisions of the County Act, and as
certain therefrom whether this powe
is expressly given or whether it i
given by necessary implication. Sub
, division of Section 9, Chapter 4 o
. the County Act reads as follows:
"No county shall in any manner Civ,
or loan its credit to or in aid of an,
, person or corporation, and any indebt
! edness or liability incurred contrary t,
, this provision shall be void.'
} In subdivision of the same chap
ter, we find the following:
GAN contracts, authorizations allow
J ances, payments and liabilities entere
: into, granted, made or incurred in vic
lation of this act shall be void an,
: shall never be a basis of a CLAIM
against the county,
Further, with regard to the power
of the Board of Supervisors, we find il
Chapter IA, Subdivision 3, Section go
the following:
"To authorize and supervise the ex
, penditure of all funds belonging to tn
!. county;
"a. To enforce all claims on be
a half of the county and approve all law
n full claims against the county,
: The duties of the County Audito
q are to be found in Chapter Is, Sectio
2 75, as. follows;
: "The Auditor shall issue warrants o
the County Treasurer in favor of pc
SoHS thtilltu tucItlo III pay HitHl Z
claims and demands chargeable again,
i the county which have been legally e'
{ amined, allowed and ordered paid b
h the Board of Supervisors.
Further, Section IS of the same chal
k ter, says;
: "All warrants shall distinctly specif
d the liability for which they are draw
;. and when the same accrued"
HAS NO POWER.
Ii will be seen from a reading of ii
above quoted sections that the Boar
y of Supervisors is limited in its appr
- priations to county claims and count
purposes. There is nothing in Il
- County Act which either expressly
n by necessary implication grants Il
Al power to the Board of Supervisors
make the appropriation for school
D. The schools are under Territorial supr
Ne vision. They are not maintained
10 the county. They were not institut,
by the county The teachers and 9th
m employees employed therein are in
way responsible TO the county.
these schools were county institution