The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-07-22
A SNAG IN
THE WAY
United States Has
Public Works
Title.

AN the Legislature. in the event
OF its adoption Of city and coun-
wv government. secure control Of
Territorial public property with
out a special act OF Congress? This Is
one of the most vexing problems likely
60 arise in the event that n 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 II 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
tained.
Governor Dole is of the opinion that
while transfers of roads and streets to
counties and cities might be arranged.
there would likely be con nsiderJ.ble 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 Newlands resolution provided
that. whereas, the Government of the
Republic of Hawaii, having in due form
signiiled it's consent, in the manner
Constitution N code
absolutely and without reserve to the
United States of America all rights oil
sovereignty of whatsoever kind in and
over the Hawaiian Islands and their de-
Tendencies, 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,
military equipment, and ALL OTHER
PUBLIC PROPERTY OF EVERY
KIND BELONGING TO THE GOV
ERNMENT OF THE HAWAIIAN Is
LANDS, TOGETHER WITH EVERY
RIGHT AND APPURrENANCE
THEREtINTO PERTAINING" pro-
Nlutu, tlC. intTc lOiloNS Nli' pi'NA7
of annexation). in condition of which
IAN and singular the property and
rights hereinbefore mentioned are
VESTED IN THE UNITED STATES"
The organic Act, referring to the
same resolution. says THAT the public
property ceded and transferred to the
United States by the Republic OF Ha-
waii shall be and remain in the pos
session. use and control of the Govern
ment of the Territory of Hawaii and
shall be maintained, managed and
cared for by it, at its own expense,
UNTIL OTHERWISE PROVIDED
FOR BY CONGRESS, or taken for the
uses and purposes OF the United States
by direction of the President or of the
Governor of Hawaii"
Another provision OF the organic act
gives to the Superintendent of Public
Works the same powers and duties al
ways held by him, and also those of
the Minister of Interior which relate to
streets and highways, harbor improve
ments, wharves waterworks, electric
light, power and telephone lines, pub
lie works, markets, parks, cemeteries,
etc.
Governor Dole. as stated above, is of
the opinion that roads and streets could
be transferred TO cities and counties
without much trouble Public works,
such as electric lighting plants. water
works and public buildings, are held by
the Territory as a trust for the United
States" said the Governor. The Ter
ritorial Government consists of ju-
dietary, legislative and executive de-
partments; and these public works are
for the use of the people of the Ter
ritory. Whether they could be trans
ferred 10 cities and counties by the
Legislature is question that cannot
be answered off-hand. There are many
vexing legal problems involved and the
title could hardly be transferred to
municipalities. even If temporary pos
session could be given. Municipal and
county government cannot be establish
ed in day. There are many import
ant questions first to be settled. and
the simple adoption of the code of an
other state will not fit the conditions
here"