The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-21
A SNAG IN
THE WAY
United States Has
Public Works
Title.
CITIES COULD
GET NOTHING
Municipal Law Would Start Coun-
ties and Cities on Penni-
less Basis.

4
III of its adoption Of city and coun-
~ ty government, secure control OF
Territorial public property With
out a special act of Congress? This is
one of the most vexing problems likely
to arise in the event that a county
bill is passed at the next session. The
title to every bit OF public property in
the Territory OF Hawaii now rests with
the United States Government and the
Likelihood seems to be that If new cities
and counties are created by legislative
enactment, they must start in the
world without either money or proper =
ty upon which a loan might be OBJ
tanned.
Governor Dole is of The opinion tbat
while transfers of roads and streets to
counties and cities might be arranged.
there would likely be considerable le-
gal difficulty in making an exchange
of such public works as the water
works. electric lighting plants, FISH
markets. and any property where the
title was vested in the United States
by the Newlands resolution, and the
organic Act.
The NewIands resolution provided
that Whereas, the Government OF the
Republic of Hawaii, having in due form
signifled its consent, in the manner
provided by its Constitution, 20 cede
absolutely and without reserve to the
United States Of America all rights of
of whatsoever kind in and
over the Hawaiian Islands and their de-
and also to cede and trans
fer to the United States the ABSO-
Lutte FEE AND OWNERSHIP OF
ALL PUBLIC, GOVERNMENT OR
CROWN LANDS. PUBLIC BUILD
INGS OR EDIFICES. ports. harbors,
equipment, and ALL OTHER
PUBLIC PROPERTY OF EVERY =.
KIND BELONGING TO THE GOV
sRNMENT OF THE HAWAIIAN IS
4ANDs, TOGETHER WITH EVERY
AND APPURTENANCE
PERTAINING" pro-
+lded, etc. (here follows the provisions
f annexation. in condition OF which
All and singular the property and
ights hereinbefore mentioned are
-tsTED IN THE UNITED STATES"
The organic Act referring TO the
anne resolution, says THAT the public
roperty ceded and transferred TO the
rnited States by the Republic OF Ha-
raii shall be and remain in the pos
ession. use and control OF the Govern
tent Of the Territory of Hawaii and
hall be maintained. managed and
AIRED for by il, at it's own expense.
NTH OTHERWISE PROVIDED
OR BY CONGRESS, or taken for the
ses and purposes Of the United States
Y direction OF the President or Of the
overnor of Hawaii"
Another provision Of the organic act
ves To the superintendent Of Public
-orks the same powers and duties al
ays held by him, and also those or
Ie Minister Of Interior which relate 20
reefs and highways, harbor improve
ents, wharves waterworks, electric
>ht. power and telephone lines, pub
works. markets, parks, cemeteries.
Governor Dole, as stated above. is OF
q opinion that roads and streets could
transferred to cities and counties
thout much trouble. Public works,
en- as eIefIriC DBntlhs plallkSs HSAet
,rks and public buildings. are held by
g Territory as a trust for the United
ates" said the Governor. THE Ter
oriaI Government consists Of Ju-
,iary, legislative and executive de-
rtments; and these public works are
the use Of the people of the Ter
ory. Whether they could be trans
red 10 cities and counties by the
gislature is question that cannot
answered Off hand There are many
ting legal problems involved and the
e could hardly be transferred %
even II temporary pos
SION could be given. Municipal and
nty government cannot be establish
in day. There are many import
questions first 70 be settled, ana
simple adoption OF the code or an
er state viii not ft the conditions
9"