The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-07

ana 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 Civ
and County and would have developed
a condition of anarchy extending over
a period of time reaching to weeks, if
not to months. I make this suggestion
IN good faith so that your Honor NAV
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, I would say that,
believe the board had right to adopt
the same on motion and that they do
not constitute resolution within the
meaning of the provisions of Section
70; nor do the provisions of such rules,
authorizing the committees to engage
employees, involve the disposition of
public property or the expenditure of
pubic money within the meaning of
Section II. Any other construction
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 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
mans tha hlfper Oh
ing of election and of qualification I'M
der the law and organization as a body.
One essential of organization is the
adoption of rules. [ do not consider
that the meeting was special meeting
called by you as you seem to assume
IN your letter, but the meeting was
one requiring no call because contem-
plated by the charter.
"The executive and appointive pow
ers of the Mayor are no greater than
defined by law, and I 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.
Accordingly the rules of the Board of
Supervisors cannot infringe upon a
power not conferred upon you.
~ 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.
Gin reference to your doubt of the
validity of certain actions of the Board
[ would say that the Board of Super
visors has inherent as well as express
| power to prescribe rules and regula-
tions 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 for
| the performance of those functions,
| such as creating various departments
and CARRYING on the operations of the
municipality through departments and
/ through department heads. The limi-
| tation of the Board of Supervisors and
| the powers conferred on the Mayor are
expressed in the Charter, and except
as thereby limited or controlled by the
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 it's actions and pre-
scribing the duties Of the various com
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 i:
true the presiding officer refused tt
put some motions made and seconded
by members of the Board of Super
visors and that thereupon the same
were carried on the question being pu
by a member of the Board, but thi.
does not effect the validity of the ac
ton, for when a presiding officer re
fuses to act in that behalf, any mem
Der has the power to put the motion.
Gin conclusion, / would say that
believe the validity of the actions o.
the Board of Supervisors of the Git,
and County of Honolulu cannot b.
| successfully attack ed.
There was no comment on this letter
Auditor Bicknell Names Staff.
City Auditor Bicknell s announce
ment that he had selected Solomon Ma
helona as his assistant at the old salar.
was received and the appointment con
firmed on top of the Mayors refusa
to accept it or put motion in tn
matter.
Another Committee Clash.