The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-05-10
on THE HARBOR.
1t Should Be Owned By Gov.
eminent


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 IS, 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 81, re-
lating TO construction of railways:
The provisions of the bill consist of
q proposed amendment, TO the original
act, by the addition OF new section
to be called Section "a, and which
amendment has for its 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 nayigable 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 well established rules which con-
troll in a proper and equitable degree
the rights and privileges accrulng TO
in he
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 particular owners
rights may be upon any tide-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.
mo better method can be devised
than TO prevent entertainments by
legal enactment and as your committee
considers that the provisions of bill 81
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 with
Committee report. Committee report
TO pass with slight amendment adopt
ed and third reading set for Tuesday.
Representative Isenberg reported for
/ the Committee on Military on Senate
bill So, relating to the National Guard
of Hawaii and Sharpshooters in part,
as follows:
THE laws relating to the National
Guard OF Hawaii as they now exist
simply provide for an oath for enlisted
men only, and this bill provides also
for an oath for officers, which we be-
lieye to be a very necessary addition.
Section 10 of the existing law pro-
yides that any enlisted man may be
discharged before the expiration of his
term of service by order of the COM
manding officer of the battalion or
regiment, etc. The word or has been
added after the word regiment for the
reason that, under the existing laws,
an officer of a battalion could not dis
| charge any man without the approval
of the captain of the company also.
Under the provisions of this act, if a
man wishes to be discharged from SER
vice, OF can improve himself, the COM
handing officer of the battalion can
give him his discharge without the
approval Of the company commander.
We believe that this is a wise change,
as under the existing laws the COM
mander Of the battalion was really
under the approval of the commander
of one Of his companies, which is utter
! ly foreign to good military discipline.
Section 3 of this act provides for
an addition to Section 29 of the exist
! ing laws, which provides that a general,
regimental or garrison court martial
can be held for any crime which is not
capital or punishable by law, but which
is against good order or military dis
eipline. This provision has also been
adopted in the United States Military
Laws, and all such crimes, although
not reached or punishable by law, are
to be taken cognizance of by general,
regimental or garrison court martial,
according to the nature or degree OF
the offense, and punishable at the dis
erection of such court. We believe that
this provision is necessary for good
military discipline.
we would recommend passage OF
the bill with slight amendments"
Report laid on the table to be con-
sidered with the bill
Second reading Of House bill 81, re-
lating to the construction Of railways.
Passed second reading Third reading
set for Monday.
! Houso adjourned ar 11.45 m