The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-05-09
ON THE HARBOR.
1t Should Be Owned By Gov
eminent.

Rep. Robertson reported for the Ju-
dietary Committee on House bill So,
relating to appeals from decisions of
District Magistrates, recommending
passage with certain amendments. Re
port laid on the table to be considered
with the bill.
Third reading and unanimous pass
age of Senate bill SO, relating to the
appropriations for the expenses of the
Legislature.
Rep. Loebenstein reported as follows
for the Committee on Public Lands to
whom was referred House bill GA, re-
lating to construction of railways;
1.-The provisions of the bill consist OF
a proposed amendment, to the original
act, by the addition Of new section
to be called Section 3A, and which
amendment has for it's object the pro-
hibition OF any railroad corporation,
entering upon, under constructive
authority, or taking any tide water or
interfering with navigation upon any
public navigable waters; also further
prevention of the erection or the main
tenance of any bridge, pier or wharf
in, upon or over any harbor, bay or
river beyond low-water mark.
Your committee find that the pro-
posed amendment is in consonance
with we'll established rules which con-
troll in a proper and equitable degree
the rights and privileges accrulng TO
the Government in the ownership and
disposition of public lands and proper
ties. If the tide lands below lOw-Water
mark should be permitted, even by
implication, to become separated from
the control of the Government it would
allow of the opportunity for the con-
structiOn of works which would be the
arrogation' of private rights derogatory
TO the common rights of the public.
However perfect a particular owner S
rights may be upon any tlde-lands,
harbor, bay or river, those rights are
limited by the fact that others also
have their rights and the enjoyment
of all must be protected against the
misuse of any.
ono better method can be devised
than to prevent encroachments by
legal enactment and as your committee
considers that the provisions of Dill o4
fully covers that object, they approve
thereof and respectfully recommend
that the said bill pass"
Report laid on the table to be con-
sidered with the bill.
House bill 81, relating to the receipts
from the store at Kalaupapa, read sec
ond time by title and referred to the
Finance Committee. .,
House bill IS, read second time witt
| Committee report. Committee repor
to pass with slight amendment ADOPT
ed and third reading set for Iuesoay
Representative Isenberg reported 10
the Committee on Military on Senat
bill IS, relating to the National Guar
of Hawaii and Sharpshooters in part
as follows:
1.-The laws relating to the Nat1ona
Guard of Hawaii as they now ex1s
simply provide for an oath for enI1ste
men only. and this bill provides ais
for an oath for officers, which we be
Iieve to be a very necessary addition
Section 10 of the existing law pro
vides that any enlisted man may b
discharged before the expiration OF III
term of service by order OF the com
handing officer of the battalOn o
regiment, etc. The word or has pee
added after the word regiment, for IN
reason that. under the existing laws
an officer of a battalion could not dis
charge any man without the approve
of the captain of the company als'
Under the provisions of this act, II
man wishes to be discharged from SCI
vice. or can improve himself, the con
handing officer of the battalion ca
give him his discharge without IN
aDDroval of the company commando
We believe that this is wise chang
as under the existing laws the con
, mander of the battalion was reaL
under the approval of the commando
of one of his companies, which is ute
~ foreign to good military disciplln
, Section of this act provides Il
an addition to Section % of the eXls
inglaws, which provides that a genera
regimental or garrison court marta
can be held for any crime which is NJ
capital or punishable by law, but whlC
is against good order or military di
cipIine. This provision has also bee
adopted in the United States Milita1
Laws. and all such crimes, althOug
not reached or punishable by law, a.
70 be taken cOgniZance of by a genera
regimental or garrison court MARTA
according to the nature or degree
= the offense. and punishable at the di
erection Of such court. We believe tn
this provision is necessary for goo
\ military discipline.
, I'VE would recommend passage
= the bill with slight amendments.