The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-03-07

field steam rollers ordered by the coun'
ty would arrive from San Francisc,
per the s. S. Nebraskan, due this
/ week
! Fire Chief Thurston reported five
alarms of fire during February. The
largest loss was on the s = Trxo =.
A. A. Wilson forwarded bills for Feb
ruary against the Pupukea homestea.
road.
KAPIOLANI PARK.
The following opinion of County At
torney Douthitt as to the powers of
the board with reference to appropria-
tions for Kapiolani Park was read:
Honolulu March s, 1906
d. Kalauokalani. Esq, County Clerk,
County of Oahu, Ex Officio Clerk,
Board of Supervisors.
Dear Sir: In response to the re-
quest made by Honorable E. r. Adams,
! Chairman OF the Board of Supervisors,
for my opinion as to the powers of
the board with reference to appropria-
tions for Kapiolani Park, 1 beg to say
as follows:
AS heretofore pointed out, the au-
thority of the Board of Supervisors to
make appropriations is confined to
County purposes, and in order to as
certain what disposition of public
funds may legally be made by the
Board of Supervisors, it becomes
necessary to carefully read the pro-
visions of the County Act with refer
ence to the disposition of such funds.
Subdivision 5, section 9, chapter 4 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
debtedness or liability incurred con-
trary to this provision shall be void;''
Subdivision of the same chapter is
as follows:
'.Au 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
a body corporate and polite, and as
such shall have all the powers and
by this Act prescribed, thei
same to be vested in and be exercised
County, as hereinafter provided etc.
Section 81. chapter IA, defining the
powers and duties of the board, pro-
vides as follows:
The Board of Supervisors of each |
County shall have general supervision |
and control of all the public affairs of /
their respective counties, etc.
Subdivision 1 of section 81 reads as
ITO fix the salaries of all County
officers, not herein otherwise pro-
Tided;'
Subdivision 8, section 81, is as fol-
ows:
ITO authorize and supervise the ex-
oenditure of all funds belonging to the
County,
Subdivision is as follows:
ITO enforce all claims on behalf of
he County and approve all lawful
laims against the County,
Section IS of chapter Is defines the
uties of the Auditor as follows:
The Auditor shall issue warrants
n the County Treasurer in favor of
ersons entitled thereto. in payment of
laims and demands chargeable against
he County. which have been legally j
xamined. allowed and ordered paid by t
he Board of Supervisors. The Audi
or shall also issue warrants on the {
'ounty Treasurer for all debts and :
against the County when the 5
mounts are fixed by law or authorized {
Y law to be allowed by some person t
= tribunal other than the Board of I f
upervisors." 2
Section 76 of chapter IS provides as c
blows: 6
'AH warrants shall distinctly speci- 2
: the liability for which they are /
rawn and when the same accrued {
Section 81 of chapter Is provides as c
Flows: {
THE Auditor shall prepare and sub G
it to the Board of Supervisors each L
ear a statistical report of the Coun- S
, exhibiting separately the receipts 0
Id expenditures by and on account d
each office. board. commission and
stitution and classify the principal c
ems of income and expenditure ac- c
riding to a plan to be approved by y
e Board of Supervisors. and the F
1ard of Supervisors shall publish the Il
me- e
IT will readily be seen from a read c
z of the above quoted sections con-
ined in the County Act that the K
,ard of Supervisors of each County is o.
stricted in its appropriations of funds Il
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