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COMM. 010
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COMM. 010
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7/19/2018 10:49:51 AM
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7/13/2018 2:07:39 PM
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AGE CHC 1979-01-23
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, . i <br /> SUPREME COURT OF HAWAII-16 <br /> • Opinion of the Court <br /> so stated in Castle v.Secretary of the Territory, 16 Haw. 769, 1 . <br /> 777-778 (1905): <br /> �� We have only to decide whether any of its vital features <br /> are so inconsistent with the Organic Act as to require the <br /> inference that it is not authorized thereby. It is to be <br /> • observed that tile -organization of counties with their. ` <br /> proper officers for attending to their own affairs necessar i <br /> ily is inconsistent with all those laws of Hawaii relating to <br /> such portions of the duties of Territorial officers as prop- I <br /> erly are included in the duties and functions of county <br /> officers. No County Act can be regarded as unauthorized <br /> by the Organic Act by reason of such inconsistency. • 1 <br /> The appellants also cite Kurimoto v.Kawakami, 56 Haw. <br /> ' 582,545 P.2d 684(1976),for the proposition contained therein <br /> that on functions of statewide interest and concern the politi- <br /> cal subdivisions may not thwart the state's performance of its ;' <br /> duties. However, the prohibition applies "if the counties are <br /> not given specific authority to take over the function," 56 t <br /> Haw. at 585, 545 P.2d at 686, which is dearly not the case E <br /> t : here. <br /> Iv. I <br /> We must recognize that the fundamental principle in con- <br /> struing a constitutional provision is to give effect to the inten- 1 <br /> .. j ; + tion of the framers and the people adopting it. Whitman v. . I. <br /> National Bank of Oxford, 176 U.S. 559 (-1900); State ex rel. <br /> Dade County v.Dickinson, 230 So.`d 130(Fla. 1969); Wall v. t <br /> . \ -rison, 201 Kan, 598, 443 P.2d 266`f1.968). It has been <br /> • ' '''hat in construing a particular constitutional provision, <br /> sought to he accomplished and the evils sought to • t a <br /> • \ •hould be kept in mind by the courts. State ex <br /> v. Dickinson, supra. With these views in <br /> -ed each of the challenged provisions of <br /> harter. • i l <br /> se\.1....4, 'sed charter provides for a de- <br /> zati�? consist of a board of water sup- <br /> there ,artment of water supply and the , <br /> • <br />
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