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• <br /> A ,�.,r'......�.� _� <br /> i <br /> t(k <br /> SUPREME COURT OF HAWAII-18 <br /> • <br /> Opinion of the Court <br /> ti <br /> tion superiority clauses. Such a provision as contained in <br /> article VII,section 2 of our State Constitution allows a county <br /> in this state through its charter to redelegate to another <br /> . appropriate local officer or body a power originally delegated i <br /> by the legislature to another body. 2,'llcQuillan on Municipal ; <br /> Corporations, .3d ed., 618, section'9.03. <br /> • One of the duties and functions of the County of Maui <br /> upon its creation in 1905 was to acquire, establish and main- } 1 <br /> • <br /> • tain a public water system and to furnish domestic water to its t <br /> inhabitants:Sec Act 39, S.L.H. 1905. Maui County operated <br /> such a water system until 1949, when the structure and e <br /> • <br /> • organization of that unit was modified by the legislature 1 • . <br /> which created for the county under Act 289, S.L.H. 1949, an <br /> • <br /> autonomous board of water supply. We would treat and re- t <br /> PP Y 1 <br /> l • • gard such an agency as performing a local function as distin- 1 <br /> . guished from state function. In 1955, the legislature repealed. <br /> i Act 289, S.L.-H. 1949, and abolished the autonomous county <br /> I. • <br /> • board of water supply.See Act 201, S.L.H. 1955. Six years <br /> later in 1961, the legislature enacted Act 155, S.L.H. 1961, <br /> which has been codified as HRS chapter 54. This chapter <br /> • restored to Maui county an autonomous board of water sup- <br /> ply. It is our opinion that a county charter commission is • <br /> empowered to study the waterworks of a county as a depart- i <br /> ' merit of the county government. A provision was contained in <br /> ' the bill (H.B. 18) which became Act 73, S.L.H. 1963. that <br /> would have prevented the charter commission from consider • <br /> - <br /> ing and recommending the establishment of autonomous <br /> . agencies, such as the 'Maui board orf Water supply. However, <br /> • such a provision was deleted in the Sena. See Hawaii Sen- <br /> ' ate Journal 1963. 2d Leg. Gen. Sess. S:C.Rep. 67 at 704. •. ' <br /> y <br /> • There is nothing in the enabling act which prevents the char- • <br /> ter commissions from studying and analyzing such a local , <br /> function and. to recommend for adoption a department of <br /> water supply designed ti, meet the needs of the locality. <br /> Further, we agree with the legislature that the regulation <br /> of the manufacture, importation and sale of intoxicating li- <br /> - quer within a county is a local concern. The Senate Commit- <br /> tee on Judiciary stated with respect to S.B. No. 11, which • <br /> r I . <br />