The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-01-08
List of Bandsmen.

ID. Kaiwi, bandsman 80. -. 540D
II. Keanu, bandsman ..... 1880
S. Kamakaia, bandsm ~ ...... 1850
r. Kappa, bandsman :. $3.50. z0.00
II. Keawe, bandsman ......... 1000
G. Wela, bandsman ........ 1000
j. Puma, bandsman ........ 1000
i. Kalani, bandsman ..... 1000
w. G. Kaikana, bandsman -. 1000
y. Kanoho, bandsman ....... ~ 90
j. Amasin, bandsman ........ 40
S. Opeka, bandsman ......... $500
]. NJ. Comes, bandsman ...... $500
Mrs. N. Alapai ............. 40 GO
This went the same old way past the
Mayor into Logan IS hands.
Unanimous for Once.
Logan presented special committee
report regarding the lease of the City
and County Offices, asking for more
time The members were unanimous
but new question had arisen. This
was a report that shorter lease than
for five years might be had and also
the right to sublet any Office not re.
quired.
1t is understood that Mcclellan was
instrumental in securing these conces-
sions, although that was not mentioned.
The time asked for was granted.
City Attorney Answers Mayor.
City Attorney Cathcart then present
ed his answer to the questions pro.
pounded to him by Mayor Fern. The
opinion of Cathcart on the several
points is:
"In replying To your letter of the
9Th inst, asking my advice upon GER.
tain points, / would respectfully pre-.
mise by saying that it would be disin-
genuous in me to affect to believe that
your request for my advice is dictated
by any bona fide desire to know or to
follow my opinion on the construction
of the law involved. Your failure to
seek my advice heretofore; the time at
which You presented your letter to me,
during the session of the board last
evening; the manner of such presenta.
tion,-handing it to me at the board
meeting, and at the same time giving
copy to the clerk and directing him
to read it publicly; the form in which
you present the questions on which you
ask my opiniop,-being in the nature
of controversial argument in favor
of the construction of the law already
made by you or your advisors, and
D bearing evidence of being prepared by
a trained lawyer; all these decisively
0 show that whatever the purpose of sub
hitting to me your request for advice
0 it is certainly not done with the inten
ton of being guided by my answer
. However, / am perfectly willing that
you Should he informed of my construc
ton bf the law involved in the several
points that your letter raises.
"Ih My opinion, under the Municipal
Act, the charter of the City and Ccun
ty Of Honolulu took effect at noon on
the 4th day of January, 1909, and was
not in effect in the month of Decem
Der, 1908.
GIN reference to your request for
0 my opinion, as to the effect of the
resolution of the Board of Supervisors
0 of the County of Oahu, to which you
0 refer, upon appointments made by you
| would say that, whatever might bC
0 the object of the provisions of Section
l46, its own provisions and construc
o ton of the entire charter render it in
operative. In other words, the charter
\ evidences the unskilled hand of tho
craftsman, and no construction there
q of, ms whole, can, in my opinion
render the section on which you hav,
0 relied in making your appointments
operative
'"rhe Board of Supervisors of tn,
County of Oahu, if they created any
0 offices or positions, had certainly tn,
power to abolish them nor was that
0 power taken away by any legislativ,
act, and the provisions of the charter
0 will have to be construed with view
to that power remaining in the BoarC
0 of Supervisors of the County of Oahu
If there were no offices, to which 70,
0 had the appointing power, existing
when the charter took effect, canno
o see how any appointees of yours coult
assume nonresident office.
10 "Secton 81 of the Municipal Ac
gives to the Mayor, with the approva
% of the Board of Supervisors, the ap
ID pointment of 'All officers of the Cit,
and County whose election or appoint
10 ment is not otherwise specially provide,
for in this charter or by law. .
y "Section l46 provides that within
n certain specified time, the Mayor 'Shal
y make all the appointments provided b,
, this charter to be made by him. Blu
v the charter nowhere gives to the Mayo
N the power to make appointments with
u out the approval of the Board of Su
" pervisors and it would therefore seen
N that Section l46 is imperative in thi
NJ respect. However, if it should be he'll
y, ~ to be operative, then the approval o
" the board would seem to be necessary
IN In such event, the only persons tn
~ Mayor, with such approval, could AZ
~ point would be officers whose electio
~ or appointment was not otherwise pre-
N vided for, and in my opinion, Their
" were and are no officers of the Cit
NJ and County of Honolulu whose electio
~ or appointment is not otherwise pre-
~ vided for, either by the charter or b
" law, On the other hand, if il Shout
be held that there were extant certai
- Offices of the County of Oahu whic
W became offices of the City and Count
" of Honolulu, within the meaning o
W Section 81, after that municipal corpC
W ration came into existence, no possibl
~ construction of law could make officer
" out of bandmasters. lamp repairer
W linemen, lamp trimmers, dynamo mel
assistant dynamo men, poundmaster
w Eaanaro 90 bos