The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-08-22
CASE
IS STARTED
JOHN EMMELUTH BRINGS MAN
DAMUS SUIT AGAINST THE
BOARD OF SUPERVISORS.

John Emmeluth, represented by w.
s. Edings as attorney, yesterday be-
gan a mandamus suit before Judge De
Bolt against the Board of Supervisors
of the County Of Oahu, to compel the
members named in the petition forth
with to proceed and issue a proclama-
ton for holding an election under the
County Act, on the ground that the
Honolulu Municipal Act is unconstitu-
tional and void. After relating the
election provisions of the County Act
the petitioner says:
THAT the said respondents, the said
Board of Supervisors of the County OF
Oahu, have neglected and refused to
issue said proclamation concerning
county election and transmit copies OF
the same to the several Boards of In
spectors throughout their County and
such proclamation to post in the man
ner required by law as required to do
by Section SO of said Act, and they,
the said respondents, the Board of SUI
pervisors aforesaid, decline and refuse
at any time to issue said proclamation
and will not, as your petitioner is in
formed and believes, and so alleges, is
sue said proclamation at least sixty
days before a general ELECTION or at any
other time as by said act required,
but so to do absolutely refuse and de-
cline, claiming and alleging that the
said act entitled An Act creating
Counties within the Territory of Ha-
wall and providing a government for
the same, as aforesaid has been and
now is repealed by an act of the Leg
islature of the Territory of Hawaii,
entitled An Act incorporating the City
and County of Honolulu approved
April 30th, A D. 1907, and is void and
of no effect and not binding upon
them, the said respondents. in any
manner or form.
And your petitioner alleges that
the said act, entitled An Act creating
Counties within the Territory of Ha-
wall and providing for the government
thereof is in full force and effect;
that the said act of the Legislature OF
the Territory of Hawaii, entitled An
Act Incorporating the City and County
of Honolulu approved April 80, A. ID.
1907, is unconstitutional and void and
of no effect, the same being in conflict
with and in opposition to an Act OF
Congress of the United States of Ame-
RIGA entitled An Act to provide a gov
hn ftAo ah
as it is,
"First-An attempt on the part OF
the Legislature of the Territory of Ha-
wall to grant to a corporation special
and exclusive privileges and immuni-
ties without the approval of Con-
gress.
''Second-That it requires other and
different qualifications for the electors
under the Act than are presented and
provided for in said Act of Congress;
and disqualifies and disfranchise a
large portion of the duly-qualifled
electors of said Territory and said
County of Oahu.
THAT the said Act is unconstitu-
tional in
THAT there are numerous private
agricultural corporations embraced
within the boundaries of said munci-
pal corporation, not subject to con-
troll on the part Of the Territory, ex-
cept in the exercise of the police pow
er, their contracts being contracts
within the meaning of the contract
clause of the Federal Constitution
which the States and Territories are
prohibited from impairing.
That the said Act is void for mas
much
"First-That municipal taxes may be
imposed on lands strictly rural in char
acter and therefore not capable of re-
ceiving the benefits or advantages
usually derived from municipal organ
ization.
"Second-That the boundaries o
said municipal corporation as sough
to be established by said Act are in
accurate, indefinite and uncertain.
"And your petitioner further show
that he is a duly-qualified elector o
said County of Oahu and eligible +
any of the offices created by the sal
Act entitled AN Act Creating COun
ties Within the Territory of Hawai-
and Providing for the Government
Thereof, and has a lawful right t
have said respondents issue said proc
lamation as aforesaid and TRANSMIT
copies of the same tothe several board
of inspectors throughout their count!
as aforesaid, and to do and perforr
all acts and things required of theI
by said statute"
The order TO show cause Is return
able before Judge De Bolt at 10 o'cloc
on Monday.