Holt v. Conkling

Citations

• 25 Haw. 335
• 1920 Haw. LEXIS 60

Syllabus

<p>Municipal Corporations — debt limit.</p> <p>The Organic Act provides in effect that the legislature may authorize loans by any municipal corporation for certain specified purposes but provides that the total of such indebtedness incurred in any one year shall not exceed 1% of the assessed value of its property. Held, that this is a limitation upon the power of the legislature to authorize the incurring of indebtedness as well as upon the municipality to incur it.</p> <p>Same — same.</p> <p>An act of the legislature transferring a water and sewer system to a city and requiring it to devote the revenues derived therefrom to the maintenance of said systems and the payment of interest and sinking fund on bonds issued by the Territory for the building of said systems and in the event of a deficiency in said revenue to make up said deficiency out of the general revenue of said city does not authorize nor require said city to incur an indebtedness.</p> <p>Attorney and Client — county attorney — appearance for county officer.</p> <p>A county attorney being elected by the people and his duties prescribed by statute is not subject to the orders of the board of supérvisors and may in a proper case represent an officer of the county when sued in his official capacity although instructed not to do so by the board of supervisors.</p>