Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1906-03-07

wall, called the Kapiolani Park Com
mission. There was a special statute
of the Territory of Hawaii creating this
Commission, and defining the duties OF
the Commission. The County has no
control over Kapiolani Park or over
this Commission.
As to Other Parks.
The question may well be asked as
to what position the parks other than
Kapiolanl Park are in. This question
is easily answered by referring to the
provisions of the Revised Laws with re-
spect to these other parks. These pro-
visions will be found in chapters so,
81, So and SO of the Revised Laws, and
1t will be observed that in each of the
chapters mentioned. the Superinten-
dent OF Public Works is vested with
the duty Of maintaining the same.
The Supreme Court held that the
transfer OF such powers from the Sup
erintendent of Public Works to the Su-
pervisors of the various counties was
not an abrogation of the functions Of
the Superintendent of Public Works.
but a modification OF the same.
Can II be claimed that the Kapiolani
Park Commission could force the Coun-
ty OF Oahu to make appropriations for
the use of Kapi6lani Park? II the
Board of Supervisors could be forced to
appropriate moneys for the mainten-
ance OF this institution. then II would
be a legal claim. "chargeable" against
the County: II Gould be enforced" by
legal proceedings,-but / hardly be-
lieve that the Board of Supervisors OF
this County could be legally forced to
pass appropriations for the purpose
named; and therefore 1t must follow,
by logical deduction, that IL the Board
OF Supervisors of this County coull
not legally be forced to make such ap.
preparations, then the claim would not
be enforcible against the County, and
II the claim is not enforcible against
the County then the Board Of Super
yisors could not be forced to audit or
allow such claim.
Board Has No Power.
In conclusion, | will state that your
| Honorable Board Is vested with GER
tain prescribed powers, beyond which
II cannot CO. Much as your Board
would desire to make the appropria.
| ton in question. still II can only acl
within the scope of the power vested
in II by law. | am, therefore. Of the
opinion that inasmuch as the claim Is
not legal claim against the County
and could not be enforced as such. that
your Board has no power to make any
appropriation with regard to Kapiolani
! Park.
| Opinion Discussed.
| Following the reading OF Douthitt's
opinion, Lucas thought that, as lay.
men. the Supervisors should respect
the opinion of the County Attorney,
but the law seemed unreasonable. He
said.
THE Legislature failed in the mat
ter of park appropriations and there
seems to me no reason why we should
not appropriate. We've been giving
out money for seven months and | see
no reason why the good work should
not continue. l think the matter
should be taken at once to the Supreme
Court"
Further oDinionS Expressed arc ON.
bodied in the beginning Of this account
Should Pay Taxes.
Archer reported progress in the mat
ter of his urging heads Of County de-
partments to see that employees paid
their taxes.
II don't know II | can get the band
boys to pay their taxes before they &c
away on their tour" said Mr.. Archer
81 think II might be a good thing to be
sure that we all have paid our own
taxes before we get after other people
I've paid my taxes. Have all the
Supervisors paid their taxes? I'd like
4 to know"
I A momentary but nevertheless death.
ly silence prevailed. Then a faint
stamping Of applause came from the
gallery,
Finally the Board seemed to admit
that Archer was correct.
crematory Turned Down.
The following, In effect, from thu
Board OF Health, was read:
please inform the Board that tn,
following was carried at the Board o.
health meeting, February 2S:
THAT no public grounds for thu
dumping and disposition OF garbage, a
Honolulu. be allowed. and that thu
Supervisors be recommended to use th'
garbage crematory."
Lucas said that the present system
OF disposing of garbage met with thu
approval OF the chief quarantine Office
here and OF President of the Board o
Health Pinkham. This crematory wal
merely the within OF a member OF the
Board of Health. He moved that tn;
County Clerk reply that the County
had no money to devote to the crem'
atory scheme.
Moore agreed on the money PROPOSE
ton. He was for saying tnat the BoarC
had no money to appropriate for the
maintenance OF the garbage crematory
Lucas accepted Moore's way of put
ting II, hut stoutly maintained, never
theless, that, although the Board nigh
have money. II certainly had no none,
for the crematory. What was the sens,
OF digging up 800 per month when th'
garbage could be disposed of In a san
Itary manner Tor $3.50 per month.
Later Lucas thought the buck
Should be passed; they should be In
formed that they are not lit" They
should be told that the Board positively
refused TO appropriate any money fol
Il crematory, III they don't like II,
said Lucas, they can do the othel
thing-they can lump It,"