The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-02-28
NOTHING DOING"
SAYS DOUTHITT
COUNTY ATTORNEY DENIES COUNTY SUPER.
vIsoRs DEVOTE THE SUPPORT SCHOOLS
INTERESTING MEETING OAHU BOARD EVENING,
UNION HACK STAND MOVED

expenditure of all funds belonging to
the county;
4. To enforce all claims on behalf
Of the County and approve all lawful
claims against the county.
THE duties of the County Auditor
are to be found i'm Chapter IS, Section
70, as follows:
1.-The auditor shall issue warrants
on the County Treasurer i'm favor of
persons entitled thereto i'm payment of
claims and dent nds chargeable a.
gainst the county which have been
legally examined, allowed and ordered
paid by the Board of Supervisors
Further, Section 76 of the same
Chapter. says:
An warrants shall distinctly specify
the liability for which they are drawn
and when the same accrued.
1T will be seen from a reading Of
the above quoted sections that the
Board of Supervisors is limited i'm 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 to
make the appropriation for schools.
are under Territrial supervision. They
are not maintained by the county.
| They were not instituted by the county
/ The teachers and other employees en-
ployed therein are i'm no way res
pOnsible to the county. If these
schools were County institutions then
/ | am of the opinion that under the
/ County Act the Supervisors could well
make appropriations for and maintain
the same but under the existing con-
dition of affairs, l am constrained to
hold that it would be beyond the scope
of the powers vested in the MBoard of
/ Supervisors of this county to make APP
preparations for the purpose named.
The law is that the Board of Supervi-
sors must confine itself strictly to the
terms of the County Act and all pre-
sumptions are in favor of the public.
| The Supervisors are only trustees for
the purpose among others, of dispers-
ing County funds, and in the dispensing
of the same they are limited and con-
fined to the act which gave them the
power.
For the foregoing reasons, I am Of
the opinion that your honorable board
has no authority to make any appro-
priations for the maintenance or sup
port of public schools"
on motion of Supervisor Lucas the
opinion was placed on file and the clerk
was instructed to communicate with
the superintendent of Public Instruc-
ton giving the County Attorneys Opt
In
visors could not assist in the main
tenance of the schools.
Supervisor Moore, while supporting
the motion, regretted that something
could not be done under the law to help
the schools
Chairman Adams denied th(ut the
education department was short of
money as Superintendent Rabbit had
stated that he had $476O on hand.
John Hughes read a paper advocat-
ing spending county monies on public
schools.
The following appropriations were
made Fire department $685. Koolau-
poke road district, $SO1 80; fixed sal
aries $3.50; County clerk 1896; County
attorney $535; County auditor $12O;
House numbering 5000; County engineer
$225: Keepers of parks. $780, Pound
master $780, Kapiolani park $S6O.75;
Road department $2O56.35; Garbage de-
partment 5000; Electric light depart
ment, $3.50; Police and fire claim system
$14S. 10; Hawaiian band, $1512 80; Police
department $75S7 so; Waialua road dis
trict $3.50 80; County treasurer's office
clerk, $12O; Koolauloa road district, No.
3 $41.75.
A petition of fifty citizens of Koo-
/ laupoko protested against the removal
of Road Overseer Peck. Peck was
/ highly spoken of by Supervisor Paele
and no action was taken against him.
On Moore's motion, the telephone
company will be notified to remove a
pole at the corner of Hotel and Fort.
Adams stated that the road tax
balance amount to $S,344.45 and the
general balance to $3S, 444. u, total
balance on hand being SAG SOS.57. Con-
tracts entered into amounted to $42,-
800 20 and of this $26,271 20 would have
to be paid in March, Unpaid Feb
bruary bills to the extent of $4,000 had
also TO be met
The road department appropriation
for March awas placed at 81 500 and
the estimates for March were placed at
$42 5S5 as compared with $53,5OO for
February.
ON motion of Supervisor Cox, the
band will go to Waialua on March 25.
The board win meet against next
Tuesday.
RESEARCH CT,yTP