The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-03-03
AWNING GUTTER
ORDINANCE VOID

The Supreme Court has declared the
awning gutter ordinance of the Board
of Supervisors to be null and void.
Chief Justice Hartwell is author of the
opinion, which was rendered yesterday,
vacating the judgment under which l..
L. McCandless and James Armstrong
were fined $40 each and costs for vio-
lating the ordinance. The law is set
forth in the syllabus thus:
''Under legislative authority to regu-
late all local police, sanitary and other
regulations not in conflict with the gen.
eral laws of the Territory, county
has no power to prohibit by ordinance
an act already made penal by Terrific
rial statute.
Ordinance 9'of the County of Oahu,
relating to cutters on awnings, is void
as conflicting with R. L. Sec. $50 COW
ering the same subject"
The following statement of the limi-
tation on county enactments is found
in the opinion:
"Since county derives its authority
from the legislature it ought not to be
inferred, in the absence of clearly ex-
pressed terms, in the act under which
the county is organized, that the legis-
lature has delegated to counties the
power to legislate concerning their To-
cal affairs in such way as to supersede
territorial laws or render them unneces-
sary. In order to come within the
grant of legislative power given by the
county act to boards of county supeS-
visors ordinances should be reasonably
required for the purpose of administer
ing the local police and sanitary affairs
of the county and this cannot be said
of an ordinance, like that in question,
made for a purpose fully provided for
by the laws of the Territory. 1t is
not enough that ordinances regulating
local police and sanitary matters shall
not be in conflict with the general laws.
If they undertake to penalize acts al
ready made penal bv territorial law
they should be authorized expressly or
by necessary Implications.
w. L. Whitney, Deputy Attorney
General, represented the Territory and
"A. G. NJ. Robertson the defendants.
NO MITIGATION.
Charles Lake appeared in person be-
fore Judge Lindsay on appeal from
District Magistrate Andrade for miti-
cation of sentence. He made speech
and j. l.. Kaulukou also pleaded for
him. The court saw no mitigating feat
ures in the case and affirmed the SEN
tence, which was four months impris-
onmen and payment of costs. Lake s
offense was assault and battery upon
Mrs. Kalapuna Williams.
THE GRAY DIVORCE.
La Vancha NJ. Gray, in her libel for
divorce against Charles B. Gray, alleges
that for more than five years he has
utterly neglected and refused to sup
port her and she has been forced to
support herself by keeping boarding
house. Further she says that defendant
is the manager of kapaa Wine Co.,
Kealia, Kauai, and receives an income
of $3.50 a month.
MOTLEY WILL CASE.
Chas. X. Motley is taking steps to
have his fathers will again brought |
before the Federal Supreme Court. NJ.
F. Prosser yesterday filed an application
for writ of error.
SUPREME COURT.
The Territory's ejeetment cases
against Puahi ct al. and Kapiolani /
Estate, Ltd, raising the question of the
status of the former crown lands, were
argued and submitted before the Su-
preme Court yesterday.
j. F. Colburn, trustee, V. Holt ct al,
and A. NJ. Brown V. Lee Chuck and 81 |
others, were submitted on briefs.