The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-06

charter did not t2lse effect until noon
of January of this year, what effect,
if any, did the resolution passed by the
retiring Board of Supervisors of the
County of Oahu, doing away with all
offices and positions not expressly ere
ated by the County Act or by ordi-
nance, have upon the appointments
made by me as Mayor during the month
of December, pursuant to Section LAG
of the Municipal Act?
Again, / would further ask your
opinion on this point; If, as matter
of fact, appointments were duly made
by me as Mayor under Section LAG of
the Municipal Act between the first
day of December last and the first day
/ of January of this year, and the per-
| sons so appointed thereupon qualified,
/ as in the Municipal Act provided, and
were ready to take office before the
passage by the Board of Supervisors
| of the County of Oahu of the resolu-
! ton above referred to, on the 4th day
! o. January, would or could such action
! by said Board of Supervisors annul the
] appointments made by me as Mayor
/ at time when the offices filed by me
existed under lawful regulations of the
Board of Supervisors of the County of
Oahu?
What appointments is the Mayor
required to make under Section 146 of
! the Municipal Act2
Assuming that the Board of Super
visors of the County of Oahu had au-
| thority to do away with Offices and posi-
| tiots filed by me as Mayor under Sec
| tion 146 of the Municipal Act, during
! the month of December, is the resolu-
ton as passed by them on the 4th dav
! of January, 1909, a valid and legal
resolution, particularly taking into con
sideration that it attempted to sweep
! away at once all boards. committees,
commissions, Offices, positions and en-
Payments heretofore created by the
! Board of Supervisors of the County of
i Oahu, except those created by ordi-
nance; and taking into consideration
/ further that it attempted to do away
with all motions, votes, orders, resolu-
tons, rules and regulations creating or
tending to create such boards, commit
tees, commissions offices, positions and
/ employments, and taking into consid-
Grafton that it also attempted in the
same resolution to do away with all
rules and regulations adopted by said
! Board of Supervisors and then in
! force?
| In other words, / desire to have
! your opinion as to whether such a
i sweeping resolution is valid or whether
| it is not invalid and abortive, as un-
j reasonable and arbitrary, making no
| provision in said resolution for the sub
| stitution of any other rules, resolu-
tions or orders providing for the main
! tenance of the business of the county
Turning to the action taken by the
Board of Supervisors under the Munich
| pal Act at the special meeting of said
Board, held on the 4th inst, I desire
your opinion on the following points
"Does the resolution and vote under
which the Board of Supervisors assumed
to adopt certain rules and regulations
for the government of that body come
within the provisions of Section 90,
Chapter 4, of the Municipal Act? In
short, should that resolution properly
come before me for approval or veto?
And in that connection I desire further
to ask whether the provision in said
rules purported to be adopted by the
present Board of Supervisors. particu-
larly Section 13, authorizing the Com
mittee on Roads and Bridges, etc., to
engage all employees under said depart
ment, constitutes a provision involving
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