The Hawaiian gazette., 1911-07-25
May Submit Statement
Of Fact in Legal
Controversy.
UP TO SUPERVISORS
Ferns Stand for Wilder
on Basis Of LaW-.-
Uncertainty.
rrOm saturdays Aavertlser.,

H'rom Saturdays Advertiser.)
If proposal of Mayor Fern is ac-
cepted in the spirit in which it is
made, the powers of the supervisors
over the various appointed officers of
the city under the new ordinance will
bs determined by the supreme court
without the necessity of tying up any
of the city work. The mayor yester.
day proposed to the Supervisors that
the matters at issue be submitted to
the supreme court on an agreed state
ment of facts and that the status q1O
be maintained until such time as the
court has rendered an opinion.
1t is up to the supervisors to decide
whether they want speedy settle
ment of the questions involved, OF
whether they prefer to enter into a
controversial suit over the question of
the dismissal or the retention of Road
Supervisor Wilder.
The mayor has about decided that
it win not be possible to let the mat
Ter 60 by default, as the principle IN
derlying the Wilder appointment un
derlies also that of the city engineer,
the chief of the fire department, the
city electrician and all other appoint
ed offices, in fact. If the ordinance
gives the supervisors the power to re.
move Wilder, it also gives them the
power to remove any of the other Of
ficers appointed in the same way. 1t
is thought that the question should be
settled now, row or no row, in order
TO avoid the possibility of recurrence
of the situation.
Several attorneys have looked into
the contention raised by the mayor and
all whom The Advertiser has question
ed are agreed that the position taken
by Fern on the advice of Attorney
Watson is the correct one. They agree
that the ordinance just passed gives
the board no power to discharge an
officer regularly in office, the ordinance
giving the power merely to fill vacan-
eies as they occur.
Cathcart Reticent.
City Attorney Cathcart was asked
if no had been requested to advise
the supervisors on the matter of a
test suit on an agreed statement of
facts. The city attorney appeared
retieent about taking The Advertiser
into his confidence, but finally an
nO1nced that he had heard nothing
about any test suit or any facts to
agree upon.
He did not announce whether or not
he had time to read the ordinance the
supervisors have been busy passing
for the past month, nor was he en-.
tightening as to Milverton' IS probable
early return from Kona.
A Former Test Suit.
When municipal government first
came into force and Mayor Fern and
the Republican supervisors locked
horns over the ROAD supervisorship,
with Tommy Cummins holding one fort
and Charley Coster another against the
forces of Johnny Wilson; when the
mules ate their heads off in the gov
eminent stables and costs to the tax
payers mounted up on double pay
roll, it was then suggested to the city
attorney that the gordian knot might
be cut by submission of agreed facts
to the courts with a request for an
early decision. Cathcart at that time
grunted in defiance and announced that
! there were no facts to agree upon so
far as the Democrats We're concerned.
AThe result was long drawn out fight
And final Republican defeat.
1t may be that the city attorney
sees nothing to agree upon now.
May Retain Wilder Anyhow.
So much attention has been drawn
to the plot of the supervisors that it
is possible that to save themselves for
the time being the supervisors win re-
tain Wilder in office and make no i'm
mediate attempt to carry their plan
to its logical conclusion. This was in
timated after the meeting of the board
yesterday at noon, at which meeting,
Supervisor Murray made statement
of what he says is the position of him
self and the other Republican super
yisors. He said:
HWe want a businesslike administra.
tion and, Furthermore, we intend to
have it. In the transfer of the road
department of the city ana county of
Honolulu to the city and county en-
gineer, II is the intention to make the
engineering branch OF the government
responsible for all city and county
work. Furthermore, that official will
be authorized to give instructions to
the road supervisor, and it will be his
duty to zee that such instructions are
carried out to the letter. II simply
means a Capitalization Of road depart.
ment work 30 far as this island is con
cerned.
We will be ready to jump the city
engineer should we find that he Is not
carrying o1t the instructions given
him. All we want Il men in positions
Of trust who viii perform tie work
allotted them,
'The hiring of men or lunas for IIo
nolulu road department viii, under ths