Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-01-06

called the meeting to order. promptly
at 1880 o'clock, there was not only no
vacant space in the room itself, but
people were lined up. ten deep, at the
doors. The windows had to be thrown
open to admit enough air to'make the
crowded room even bsarable.
There was a hushed air OF expect
ancy as Mayor Fern took his seat, and
Il could plainly be seen that the ma
)ority of the onlookers had turned out
| in anticipation Of a fight between the
city's chief executive and the legisla.
tive body. It was patent that every
man present expected that something
was going to happen.
During the reading Of the minutes
| the crowd stood about in impatient at.
titudes, apparently searching the faces
of the Supervisors as though they ex.
pected to read there what the members
Of that body might have in mind.
Fight Begins.
No sooner had the vote been taken
on the adoption of the minutes than
Mayor Fern arose and began to name
the various standing committees which
he had selected. The personnel Of the
committees was the same as that al
ready announced by His Honor.
At the conclusion Of the announce.
ment of the committees. and before
any of the Supervisors who had started
to their feet could get word in, the
Mayor announced that, as there
seemed to be n difference OF opinion
between himself and the Board of Sup
crvisors relative to certain points of
law, he had prepared letter to submit
10 the County Attorney, asking for
his opinion. He then directed the
Clerk to read the letter, which was as
follows:
Letter to County Attorney.
J. w. Cathcart, Esq, City and Coun-
ty Attorney of the City and
County OF Honolulu, City.
Dear Sir:-ln view OF the appar-
ent differences of opinion that have
arisen as to the meaning of certain
portions OF the Municipal Act, de-
lsire your legal opinion, in writing, on
the following points:
Section 142 of the Act incorporat.
ing the City and County of Honolulu
provides as follows:
Section 142. All ordinances, or
ders, and resolutions of the Supervi
sors of the County of Oahu in fore,
at the time this charter takes effect
and not inconsistent herewith shall
! continue in force until amended OF
repealed by the Board of Supervisor
} of the City and County of Honolulu.
, Under this provision when did thu
> charter provided for in said Act TAX,
} effect? Was the charter in effec
during the month of December last
II you are of the opinion that tn,
of January 4th of this year, what eff
feet, II any, did the resolution passe,
by the retiring Board of Supervisor
OF the County OF Oahu, doing ava,
with all offices and positions not ex
lpressly created by the County Act o
, by ordinance, have upon the appoint
n ments made by me as Mayor durinl
the month of December. pursuant t
Section 1i6 Of the Municipal Act?
Again, would further ask you
opinion on this point: II, MS mat
ter of fact, appointments We're dul
made by me as Mayor under Sectio
146 of the Municipal Act between tn
LIST day of December last and the Is
:, day of January OF this year, and tn
D. persons so appointed thereupon qua
flied, as in the Municipal Act provid
= ed, and were ready to take Office be
fore the passage by the Board of ST.
pervisors of the County of Oahu !
the resolution above referred to, o
n the 4th day OF January, would q
y could such action by said Board {
lSupervisors annul the appointment
, made by me as Mayor at time whe
: the Offices filled by me existed undo
lawful regulations of the Board {
Supervisors of the County of Oahu
What appointments is the Mayo
required to make under Section IA
of the Municipal Act?
Assuming that the Board of 81
pervisors of the County of oahu ha
~. m.