The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-01

IL could have revoked at will no.
taken from the Legislature itssls eeea
organic Act. To me il seems imn.. ths
tfat Congress. while taking mt oaos
from the body supposed to renraSo pVws
VIII of the people, intended 10 lao,.- ths
the hand of a single official d.r5, u h
authority in the premises. not I'm ny
rress, but from the Legislature ~ ooh'
tunct kingdom. When Congress DE-
ed that the legislative power ~
Territory shall extend to all righ,fn, Ws
jects of legislation not inconsisten. sus'
the Constitution and laws of the I,u nm
States locally applicable" l th,nh N
made the Superintendent Of D.
Works. subject to the Constitutior Nue
laws of the United States, minists r.,
agent or executive of the duly auther.'
Gated will of the Hawaiian Iap,.,a.AlH'
How can he do by legislative sanct;0A
authority, what the Legislature ,,a "
cannot do?, "Sel
i think Ii is worthy of consi5o,..,
that many State constitutions pro SIloa
the granting of any special or evelyn
franchises, and, if not forbidden nv ~
State Constitution, that they are No. NV
granted by special acts OF the Iac,a,y
ture. The definitions given by the 'S -
preme Court OF the United states " :,
ready cited indicate that they belonu ~ ~
the legislative rather than to tho ~. "
utiVe branch of the government on AZ
lean lines. If they are rightful tho, as
"rightful subjects of legislation" sc
Subject to the Constitution NJ :,
United States, the Congress of the TINT.
ed States is now the supreme lawmsti,.
power. "A Territory Is onIy
dependency of the United States Cove.
ment, under the exclusive jurisdctio,
and control Of Congress. All the powsr,
1t exercises are the powers OF the rrs
ed States and are at all times subsa,
Went and subject to the national auth.
ity and control. Its powers are an A.
rived from Congress, and are exerc,S.I
under such limitations and contra, :,
Congress may determine" Goodson T.,
u. s.. 81 Pac., 423)
\ | think that the franchise applied =,
Is special, not general. II il is sr.aclal
although the Superintendent OF puA,
Works is not in express words forha
den to grant Ii, / think granting il \,
him would be contrary to the spirit an,
purpose of the Organic Act.
The application of section S. of the q,
ganic Act relative to special or exclus,
privileges. immunities or franchises \,
fects the powers of the Legislative an
executive branches or the Terrtoris
government. the material interests OF n
business community and the developmep
of the Territory in many ways. and !
an extent which 1t is hardly possible ,
foresee. 1t appears quite certain that
will lead to difficult questions as to III
exact dividing line between special mi,
ileges and franchises, and rights whic
are not such special privileges or fra,
chises and yet more or less closely r,
semble them. The questions Will Ia,
to be met as they arise
The foregoing opinion is based on I.
application, under chapter XIV Of u
Laws of 1874, for what is understood
be franchise running with the life
the corporation. I express no opiniC
: as to whether anything less than N
can be given.
Very respectfully yours,
r. P. DOLE,
Attorney General