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

men, laborers on the roads known as
cantoniers and messengers. such as you
have attempted to appoint. &
1.-THE resolution Ga she Board of Su-
pervisors of the County of Oahu, to
which you refer. abolished all boards, I
committees. commissions, Offices, posi- /
tions and employments and repealed the
divers actions by which such were |
created and at the same time repealed |
its own rules and regulations. Such
resolution was clearly within the power
of the Board of Supervisors. II they
created Offices, employments, boards, or
commissions, they had the power to
abolish the same and had the power
to repeal the action which created the
same. They had the power to make
rules and had the power to repeal them.
The County Act contained no limita-
tions on these powers. The question: of
the reasonableness of the resolution re-
ferred to was for the Board of Super
visors of the County of Oahu to deter
mine, and a failure to provide for the
business of the County after the pas
sage of the resolution would be of no
practical Importance in view of the fact
that within few moments the City
and County of Honolulu came into exis-
tence with the powers and the duty to
maintain the business of the City and
County. With due respect, / would sug
gest that any criticism of the action
of the Board of Supervisors of the Coun-
ty of Oahu in creating a possible in
terregnum of few moments duration
is hardly reasonable in view of the
action of the Mayor at the meeting OF
the Board of Supervisors of the City
and County of Honolulu on the evening
of January the 9TH, 1909, in refusing
to put motions providing for the pay
of City and County employees, the pur-
chase of materials, and the appropra-
tion of money to maintain the City
and County government, as such action
of the Mayor, if it had not been pro-
vided against, would have caused the
cessation of all the business of the City
and County and would have developed
condition of anarchy extending over
period of time reaching to weeks, if
not to months. I make this suggestion
in good faith so that your Honor may
fully appreciate the gravity of the pres
ent crisis.
"In reference to the adoption of rules
by the Board of Supervisors of the City
and County of Honolulu upon which
you ask my advice, would say that,
] believe the board had right to adopt
the same on motion and that they do
not constitute a resolution within the
meaning of the provisions of Section
90; nor do the provisions of such rules,
authorizing the committees to engage
employees, involve the disposition of
public property or the expenditure of
! public money within the meaning of
would require every laborer to be en-.
| ployed by resolution or ordinance.
"The meeting held at the hour of
noon on Monday, the 4th day of Jan
uary, 1909, was a meeting undoubtedly
contemplated by the provisions of the
charter. Such provisions require all the
members of the Board of Supervisors to
take office at that time. The taking of
office does not consist in meeting in an
assembly room. sitting down in chairs
around the table, greeting the Mayor
and receiving his inaugural address, but
means the assembling together, show
ing of election and of qualification UNI
der the law and organization as body.
One essential of organization is the
; adoption of rules. | do not consider
that the meeting was a special meeting
|
in your letter, but the meeting was
one requiringfno call because contem-
plated by the charter.
"The executive and appointive pow
| ers of the Mayor are no greater than
defined by law, and know of no law
that confers upon the Mayor of the
City and County of Honolulu the power
to Engage men and direct their work.
| A nnlN bn r,t1n of hn ri Of
Supervisors cannot infringe upon a
power not conferred upon you.
81 am inclined to believe that the
action of the Board of Supervisors of
the City and County of Honolulu CON
corning certain offices, positions etc,
created by the Board of Supervisors of
the County of Oahu was valid.
"In reference to your doubt of the
validity of certain actions of the Board
as affecting the expenditure of money,
| would say that the Board of Super
visors has inherent as well as express
, power to prescribe rules and regula'
{ lions governing its action. The City
and County of Honolulu is given pow
er to provide for certain Municipal
functions, but the Charter does not
, prescribe any particular manner fol-
lnp OF lHOSt
such as creating various departments
and carrying ON the operations of tho
municipality through departments and
/ through department heads The limi
tation of the Board of Supervisors and
the powers conferred or. the Mayor are
, expressed in the Charter, and except
/ rs thereby limited or controlled by the
1 grant of executive power, the Board
of Supervisors are the governing body
of the City and County of Honolulu
! If there was doubt as to the power
, of the Board of Supervisors to adopt
. rules governing its actions and pre-
scribing the duties of the various com
4 mittees at the meeting of January the
- 4th, yet the readoption of such rules
at the meeting of January the 5tl
= would cure any legal defect. 1t il
\ true the presiding officer refused y
put some motions made and seconded
Z by members of the Board of Super
visors and that thereupon the sam,
+ were carried on the question being pu
+ by n member of the Board, but thi
m