The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-09-06
COUNTIES MAY
Get MORE
FUNDS
Governor Frear and the
License Money
Question.

The counties may get their share o,
the license fees collected within theil
limits without lawsuit
Governor Frear has taken the mat.
ter up. There was a conference yes.
terday between the Governor. Treas
urer Campbell, Secretary Mott-Smith
Attorney General Hemenway and AS
sistant County Attorney Olson on the
matter. An estimated amount OF
sS75,000 a year is involved.
The controversy was one of the most
bitter of the session of the Legisla-
ture. 1t assumed an acute stage to-
ward the close of the session, and was
the cause of somewhat acrimonious
debate in the newspapers between the
then Governor Carter, and members
of the Legislature. According to Car
ter he ordered members of the Legis-
lature out of his office who came to
suggest an understanding between
him and the Legislature concerning it,
and it was in this connection that
Garter spoke of calling Atkinson to
put the members out of his office.
After the Legislature adjourned At
kinson, as Secretary of the Territory,
on the theory that Carter had vetoed
the bill, refused to publish 1T as a law.
The counties, which were vitality inter-
ested, as the purpose of the measure
was to increase their revenue, pooled
their issues and agreed to share in the
expense of bringing 81 suit to enforce
the contentioc that the bill is actually
a law. No suit has ever yet actually
been brought though it is a matter
that has been considered by the coun-
ty attorney of nearly every county.
Under the county act the revenue
of the counties was limited to fifty
per cent of the taxes on real and per-
sonal property and incomes within
their respective counties. All police
court fines, liquor, merchandise and
other license fees and specific taxes
went to the Territory. The intention
of the act of 1907 in question was to
give half of these sources of revenue
to the counties in addition to their
half of the real and personal property
and income taxes. The bill passed
both houses, but Governor Carter
vetoed it, assigning as a reason, or az
least as one reason, that the bill was
ambiguous and left 1t uncertain
whether the counties were to get all
of the license fees or only half of them.
The House was given 70 understand
that Governor Carter had agreed 10
sign another bill in which this defect
should he cured, and which was I'M
mediately put on it's passage through
the Legislature, and acting on the
belief that he had SO promised, 1t sus-
tanned his veto of the original DILL
The Senate. with more craft, did not
nut itself within the power or the
oocket veto, as it was ap-
nroaching the end of the session, but
action on the governors
veto from time to time. The AMENDED
,;u went through both houses and was
gent to the Governor. But 1t was rlsht
4. the end of the Legislature, and
lvitbin the pocket veto period, ana the
LEGISLATURE though expecting II rum
hour TO hour was not not1ned eiiat liie
oju had been signed. Finally IN ehe
asst hours of the session, lhe 11oa0o
found that the Governor dlo Ilot
end to sign the amended oili. Ahoi
mon it asked the Governor TO return
he notification l. had sent that II hau
sustained the veto of the orlSlhaI pIii'
rhis the Governor refused to 90. ne
House then demanded the return OF the
notification and got the same response
Then the House proceeded to reconsio
- the vote by which it had sustaiiieu
he veto. and by vote oyerrooe the
,eto. The Senate now acted on tild'
-eto for the first time, oVerrldlhs rie
-eto. -, o+o
,r1e Governor insisted that, his veto
: +ha hin having been sustained py
10 House. the bin was dead and couio
- lie revived by any attempt on the
of the House to resclnd It's ac-
ION of sustaining the veto
fouse. accusing the Governor OF piean
,o, faith with it. maintained that uit
he Senate had acted on the Ve1o
- ,ovver 10 change its actlon' anu
,a+ the Governors veto having oeeh
,.e~rillf;sn hv both houses, the Dill was
low the Governors veto not"i'h-
landing. 49, view
80 +ba hin had been vetoed. and olo
ot l nublish it as a law of the ses-
on. .eto5 bv
The counties would have benenteu ~
sa hill, in additional revenue. sewers
! The Roards of Supervisors took ac-
on looking to the commencement
suit having for its purpose oe
ination by the courts, first, wnelhe
,e bill really had become an &C.
,t. and, second. If 1T nad. Mne1e
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