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THK WEEKLY HII.0 TRIBUNE, HILO, HAWAII, FRIDAY, JANUARY as, 1904.
j Watches and Jewelry
AM. KIN'DS Ol' JEWELRY
MADE TO ORDER AT
j Jewelry Store
JAS. M. SEAMANS, the well
known watchmaker, is to be found
here, nnd will turn out nil work in
up-to-date uianncr. AI1 WORK
Opposite Peacock & Co., - HILO
TIIK t.'OIIU'PN IIKOISION.
HILO MARKET CO.,
Telephone No. 39.
Bridok St. - Hilo, H. I
Pacific Heat Markel
Front St., Hilo, H. I.
Choice Cuts of
POULTRY of all Kinds
FRESH ISLAND BUTTER
. Sucking Pigs.
Makes Finest Bread.
Fresh Rolls and Buns
always q hand : : :
Ice Cream for families
Wedding and Party Cakes a
Direct Line between SAN FRANCISCO
Hnrk St. Catharine,
Hark Amy Turner,
Hark Mnrtliu Davis,
For freight and passage apply to
WELCH & CO., Agents, San Francisco
S. BREWER & CO., Ltd., Agents,
H. Hackfeld&Co., Ltd.
Call at Tribune Office
'MIiitHii tin County Art Wan l.iimn
anil Null mill Void.
The County Act is dead. It was
declared wholly null nnd void by a
unniiituous decision of the Supreme
I Court, filed nt 12 o'clock noon,
I Thursday, January 14, at Honolulu.
Althouuh the fate of the fatuous
' measure vvns decided on the single
question of taxation, the Court's
language in waiving consideration
of other points indicates plainly
enough that the Act is honeycombed
with defects more or less "obviously
and imminently dangerous to its
The full text of the decision here
In the Supreme Court of the Terri
tory of Hawaii, October term,
Territory of Hawaii vs. Supervisors
of the County of Oahu.
Appeal from Circuit Judge, First
Circuit Submitted December
30, 1903 Decided January 13,
1904 Frear, C. J., Galbrnith
and Perry, J. J.
When the valid and invalid parts
of an act arc so mutually connected
with or dependent on each other as
to warrant a belief that the Legis
lature intended them as a whole
and that, if the invalid parts could
not be carried into effect, the Legis
lature would not pass the valid
parts independently, the whole
So much of Act 31, Laws of 1903,
known as the County Act, as pro
vides new features in Territorial
taxation not incidental to county
organization or government, is void
under the provision of Section 45 of
the Organic Act, "that each law
shall embrace but one subject,
which shall be expressed in its
Said void portion is such an
essential feature as to vitiate the
OPINION OP COURT I1V FRKAR, C. J.
This is an appeal front a decree
dismissing a petition for a writ of
quo warranto brought by the Ter
ritory for the purpose of inquiring
by what authority seven named re
spondents claim to hold office as
Supervisors of the County of Oahu.
The real object of the proceeding is
to test the validity of Act 31 of the
Laws of 1903, known as the County
Act, most of the provisions of which
were to take effect by its terms on
January 4, 1904.
If the Act is void, the respon
dents do not lawfully hold the
offices which they claim to hold
solely under that Act.
No question has been raised by
the respondents as to procedure or
jurisdiction, but on the contrary
they seem equally desirous with
the petitioner to have the case de
cided on the merits.
The arguments against the valid
ity of the Act are in general as fol
lows: 1. That the Act was never
l passed by the House of Representa
Capt. Saunders ;tivcsas.uircd b j ,s,0
in Section 46 of the Organic Act,
that in order to become a law the
final passage of a bill in each house
shall be by a majority vote of all
the members to which such house
is entitled, taken by ayes and noes
and entered on the journal, in that,
as contended, the House journal
shows that the final action in that
body was the adoption of the report
of the conference committee which
recommended certain amendments
and does not show that the bill as
so amended was passed at all by
2. That the Act makes the
County Board of Supervisors an
elective body, contrary to the pro
vision in Section So ot the Organic
Act, that the Governor shall ap
point, with the advice and consent '
of the Senate, certain specified offi-
'cers and hoards and "any other!
J boards of a public character that
(may be created by law."
! 3. That the Act creates a Terri
torial Board of Equalization consist
j ing of the Secretary, Treasurer and
I Auditor of the Territory, not ap
i pointed by the Governor, with the
1 consent of the Senate, at all as to
, one of its members, the Secretary,
nor appointed by him as members
of the board as to any of its mem
bers, contrary to
1 the Organic Act.
transfer to the counties, to be con-1 171-172, 450-451, relating to the!
1 trolled by various elected county 'settlement of boundaries nnd the,
officials, of much public property returns, canvass nnd certificates of
that was ceded by the Republic of 'election in tlic case of lerntorial
Hawaii to the United States by the
Joint Resolution of Annexation
and was by Section 9t of the Or
ganic Act placed by the United county act at till);
States in the possession of the Tcr- violate provisions
Senators and Representatives not
to consider whether the latter sub
ject could properly be included in a ,
or because they
of the Organic
ritory of Hawaii, to be' controlled,
as contended, by various appoin
tive Territorial officials, "until
otherwise provided lor by Congress
Act or other Acts of Congress re
lating to the Territories prohibiting
special legislation in tegnrd to
counties, as, (or instance, the pro-
or taken for the uses and purposes ' visb of Section 1 relating to the I
of the United States by direction of County of Kalawao, and Section 14 .
the President or of the Governor of elating to the Supervisors of the
Hawaii." County of Oahu.
c 'Plinf Mm Ar rirnrlionltvf ' Hill wo will immitm Inr flip ntir-'
- '" ! -J 1 - - - - i'
HAND MADE SADDLES AND HARNESS
RICHARDS & SCHOEN,
Hilo Harness Shop, Hilo, H. I.
abolishes the offices of Superinten
dent of Public Works and High
Sheriff by transferring most of their
powers nnd duties to other officers,
contrary to Section 75 of the Or
ganic Act, which provides "thnt
there shall be a Superintendent of
Public Works, who shall have"
certain enumerated powers and
duties, and Section 79 which con
tains a similar provision in regard
to the High Sheriff.
That the whole Act is void be
cause it contains two subjects, one
in relation to county government
and one in relation tc Territorial
works and institutions and because,
as contended, the title of the Act is
likewise correspondingly double, in
contravention of Section 45 of the
Organic Act, which provides "that
each law shall embrace but one
subject which shall be expressed in
7. Thut so many and such im
portant portions of the Act arc void
and ineffective that none of it can
We will assume for the purposes
of this case that the first six of
these arguments are unsound, and
base our decision on the seventh
In support of this argument a
number of provisions in the Act
were pointed out by counsel as be
ing, according to their contention,
void or ineffective in whole or in
part for one reason or another.
Without professing on the one hand
to enumerate fully or on the other
lo confine ourselves strictly to the
proreasons' advanced by them in
each instance, the general line of
thought on this branch of the case
may be illustrated by the following
statement of arguments: That cer
tain provisions are void or ineffec
tive in whole or in part because
they are made to depend upon laws
which were assumed to be still in
force, but which had in fact been
repealed (as, for instance, Sections
454, 455, relating to contested elec
tions, as shown by In re Election
Oontest, ante); or because they
purport to transfer to certain county
or Territorial officers powers and
duties which were assumed to have
been in certain other officers, whose
offices, however, had been abolished
by the Organic Act or whose duties
had been transferred either by the
Organic Act or by our own laws to
other bfficers (as, for instance, Sec
tions 365, 394, which purport to
transfer to other officers the powers
and duties of the Minister of the
Interior relating to medicine, sur
gery, pharmacy, dentistry and
prisons); or because they relate to
purely Territorial matters in contra
vention of the provision of the Or
ganic Act that each law shall em
brace but one subject .which shall
be expressed in its title (as, for in
stance, Sections 380-391, 483-487,
494, relating to the Territorial
Board of Public Institutions, as
shown in Dole vs. Cooper, ante);
or because of two or mor jf the
foregoing reasons (as, for instance,
Sections 395-401, 495, 496-501,
which place the Territorial peni
tentiary in the control of the Terti
torial Board of Public Institutions
and provide for a transfer of pow
ers and duties from the Minister of
the Interior not to go into the
question whether the subject of a
Territorial penitentiary itself could
poses of this case either that all
such provisions are valid and effec-
tive, except so far as held otherwise '
in the cases above mentioned, or
else, that, if invalid or ineffective, I
they may, important though some J
of them are, all fall without causing
the Act as a whole to fall. 1
There is, however, one subject
that, in our opinion, is improperly
included in the Act, without the
provisions in regard to which it
cannot be presumed that the Legis
lature, would have passed the rest
of the Act. That is the subject of
Territorial taxation the very means r
upon which the Territorial govern
ment depends for its life. We will
assume that the Territorial Board
of Equalization might properly be
constituted as it is in terms by this 1
net, noiwiiusiauuiug me provisions
of Section 80 of the Organic Act.
Still the subject of Territorial taxa
tion is one that, like the subject of
the Territorial Board of Public In
stitutions, cannot be included in the
Act, in view of the provisions of
Section 45 of the Organic Act relat
ing to titles of laws.
The Act makes radical changes
in the system of Territorial taxa
tion. It may almost be said to pro
vide a new system. Among other
things, it provides for the equaliza
tion of valuations of real property
among the several counties, as far
as regards the Territorial tax, by a
purely Territorial Board. This
board also is required to determine
the rate of the Territorial tax upon
both real and personal property,
and in case of its failure to do so,
the rate is fixed at five mills on the
dollar. Sections 186, 221, 222.
The Act is entitled "An Act Pro
viding for the Organization and
Government of Counties and Dis
tricts, and the Management and
Control of Public Works and
Public Institutions therein." An
Act relating to taxation could cover
both Territorial and county tax
ation. Whether an act relating to
Territorial government could pro-,
perly cover county government, or
an act relating to Territorial taxa
tion could properly cover county '
taxation might be a question al
though under an act which accord
ing to its title related to state and !
county revenues, but which con-1 1
tained a section 011 municipal reve- !
nues, the Supreme Court of Ten-1
nessee held not only that section,
but the entire act void. See Bugher
vs. Prescott, 23 Fed. 20. But an
act relating to county taxation or '
county government could not cover
Territorial taxation. No doubt a
number of provisions in this Act
could be sustained, not as parts of j
the Territorial system of taxation, l
but as incidental to county govern-1
meut, although they relate more or !
I less to what were previously parts
of the Territorial system of taxa-,
tiou. An act relating to counties I
created in a fully organized Terri
tory with a centralized government
would naturally and probably ne
cessarily contain some such provi
sions. Lines cf demarcation and
transfers would have to be made
and this could be done by inclusion,
exclusion, amendment or repeal so ,
far as necessary for the purposes of
providing for the organization and ,
government of counties. But this1
Act goes much further than this.
It provides for most important I
To call your attention to a new collection of
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"SONGS OF HAWAII"
This collection contains a number of old Songs
and Hulas never previously published. This
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postpaid. Order direct of the
BERGSTROM MUSIC CO., Honolulu
Box 576, Honolulu, T. H.
J. C. Ohlandt,
N. OHLANDT & CO.
MANUHACTURKRS AND DltAUtKS IN
Of Eoery Description.
Sulphate of Potash,
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Muriate of Potash,
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High Grade Tankage.
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Certificate of Analysis accompanies our shipments, which we guarantee
to be correct.
R. aA. GUARD,
Agent for the Hawaiian Islands
OKUBKS FILLED AT SHORT NOTICE
New location at Mountain View
next to Depot
Wines and Beers
properly be included in the Act or changes in the system of Territorial
how far the matters of prisons,
criminal procedure, sentences, etc., I
in general might be affected by the
failure of the provisions in ques
tion); or because they purport to
alter laws that cannot be altered at
all by the Territorial Legislature,
said Section 80 of the power to alter which is reserved
exclusively to Congress by the Or-
taxation, and that, too, with noth
ing in the title of the Act to indi
cate this. 1
What s the result? The provi
sions relating to county and terri- j
torial taxation covering nearly a I
fourth of the entire Act, are inter-1
woven, and were intended to be I
The Old Reliable Stand is
Waiakea Boat House
R.A. LUCAS & CO.. Pron'rs.
, WAIAKEA BRIDGE, HILO
HAVE NOW A FLEET OF
and Small Boats
FOR FUHLIC HIRE
I'asseugers and baggage taken to and
from vessels in the liarbor nt reasonable
rates. Launches nnd rowbouts to hire
lor private picnics and moonlight rides.
RING UP ON TELEPHONE
Wolverine Gasoline Engine
4. That the Act lequires the 'ganic Act (as, for instance, Sections I
(Continued on page 6.)
I Self-starter nnd reversible engine. In
Razors honed, Scissors uud all edged practicability it is equal to the steam en
tools perfectly ground. Satisfac- Khie. Sizes from l)i h. p. upwards.
tion Guaranteed 1 11U1UB "Mt, w" '"ls engine or irames ot
mi)- one iu uruer.
ler. For particulars apply
R. A. LUCAS, Manager.