The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-01-09
RESOLVE TO ASK
FOR LAW TEST

two hours, the civic section of the
Mems League of Central Union church
with outsiders present allowed to
vote, adopted a resolution calling on
the City and County Attorney to at
once bring quo warranto or other pro-
per proceedings to test the legality
of City and County appointments made
by the Board of Supervisors. This was
moved by Hon. w. r. Castle. Senator
w. o. Smith had moved an amendment,
calling for a harmony committee to
intervene, but on tie vote withdrew
it.
A. L. Castle presided. Senator W.
o. Smith was the first speaker. At
first in the legislature he was opposed
to the municipal bill. 1t was the in
tention of the legislature according
to his recollection, to create a munich
pal government in which the executive
powers should be vested in a Mayor,
with the power of veto, and the legis-
lative powers in a Board of Supervisors
with the power to override a veto.
He mentioned the provisions for ap-
pointments of deputies and clerks by
chiefs and contended that the Mayor
appointments in December were au-
thorized but that the Mayor made a
mistake in not submitting them for
the Boards approval. The Board
probably took its course, to some ex-
tent extreme in his opinion, in self-de-
Tense.
Supervisor Logan thought it unne-
cessary to speak on the general pow
ers of the supervisors which had been
discussed at the previous meeting. He
pointed out the deficiencies of the
charter, from which the existing dis
putes arose. 1t did not even give
the Mayor and Supervisors in terms
the power to make and maintain roads,
although it gave them control of the
uses of the roads, Its authority in that
most important service of the NUM-
cipality was indirectly conferred by
making the City and County of Hono>
lulu the successor of the County of
Oahu. 1t gave the Mayor the ap-
pointment of officers, but created alb
solutely no offices but the elective
ones, This glazing deficiency was
compared with the definiteness of the
Organic Act of Congress in designat"
ing the officers of the Territory and
who should elect or appoint them.
Hence the Mayor could not possibly
appoint incumbents to offices that did
not exist If the charter was the funda-
mental law. And hence the board,
being charged with carrying on the
various services handed over to it from
the county, was compelled to devise
some method of carrying on those SER
vices. The speaker referred to the
judicial distinction between officers
and employees, admitting that the Ma
yor had the appointing power when
ever an officer in the legal sense was
to be appointed. Referring to Sec
ton LAG, providing for appointments
by the Mayor before he took his seat,
he contended it was utterly nugatory
on account of the impossible condition
it imposed on officers to qualify prior
to meeting of the board, as part of
their qualification was the filing of
bonds approved by the board.
G. L. Rhodes, the Mayors private
secretary, was the third regular speak
err of the evening. He presented a
summary of the legal grounds on
which Mayor Fern was advised to pro-
coed with appointments before taking
Office and refuse to submit them for
the approval of the board. His defense
of the Mayors appointments of subor-
dinates to the chiefs of departments
was in effect that if he had the power
to appoint them it was necessary TO
do so in December and if the appoint
ments were illegal no harm was done.
w. R. Castle B. Kingsbury, w.
w. Hall, DR.. Scudder, Ed. Towse, w.
r. Harrington, John M. Martin, DR..
Rodgers and others, together with the
three set speakers of the evening con-
tinued the discussion, which in the
end gravitated into the matter of how
to end the present deadlock. A re-
mark by Mr.. Martin about the Mayor
and Supervisors ''dickering dover a
division of the spoils," together with
a lecturing tone assumed by some
speakers toward the actors in the dis
pute induced Supervisor Logan to give
the inside history of the movement to
effect an amicable understanding, also
to remind the critics of the Mayor
and Board that this was not by any
means the first, nor up to the present
the worst conflict of authority in local
affairs. Under the Territory, the Re-
public and the Monarchy more serious
and more scandaous deadlocks oc-
Cured. With regard to the attempt
at compromise, it had originated with
himself. He made proposition to
the Mayor to lay before his advisers, as