The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-11
Territory Of Hawaii.

Territory OF Hawaii.
Offics. OF the Attorney General.
Honolulu. II. J.. June 10. 1907
Honorable James II. Boyd. Superin-
tendent OF Public Works OF the Ter
rttory OF Hawaii;
Dear Sir:-I beg TO acknowledge your
letter OF June 8. enclosing a copy OF a
communication from the HAWAIIAN
Navigation Company. and requesting
my opinion whether the appropriation
steamer'' could b. applied In purchas.
ing the schooner referred TO In SAID
communication.
srhe communication addressed TO the
Board of Health Is az follows: Inc
Hawaiian Navigation Company WISH 70
make you an offer 20 sell the gasoline
schooner Eclipse for twelve Thousand
dollars. The schooner Is less than Two
years old and cost the company over
thirty thousand dollars Should you
care Ia entertain this offer. please ao-
Wise Us IT an early date
7 am insortned that the gasoline
schooner Eclipse II propelled by eiec
tricfty generated by heat. and - NOT
propelled By steam The hrst auestiv,i'
that arises. therefore. Is whether IL -
approprlation made BY the last lesis-
lature for :he purchase OF a newly
buiit steamer"
RnIs OF ne Act OF Congress OF Feb
ruar,f s. 1885. entitled An Act TO reg
Mate navigation on the Great Lnk KS
and their tributaries and Mats, -, ,ha
north as Montreal" provides tnat the
lords steam vessel shall include any
vessel propelled BY machinery. ana
that such vessels are subject 10 the
rules and regulations PROVIDED LOT III
said net Tor steam vessels See treas ss-
ury Decision q. 7ie. dated May Il. lsO-,
also Article n. Customs keEuiatiohS va
1858. and Treasury Decision IL. 'ss.
The foregoing shows that the united
States government in determining
what are steam vessels has b.en gov
erned by the substantial nature OF
question whether they were propelled
by steam or some similar motive pow
n seems TO me that the FOREGOING
construction put upon the phrase
| steam vessels by the United states
goes far 20 authorize IKE eons, nno,
lion in this Territory. IL also cannon
be doubted that such construction Is
within, the spirit and pursuant 10 the
nurpose OF the legislature In making
| the appropriation II Is matter ot
common and general knowleuse Una.
the Territory had suffered a constant
/ loss Tor a long time, amounting 10
many thousands Of dollars a year, IN
aandiue supplies TO the leper settiS-
msnt at Moiokai. II was impossiolc
| Tor the local steamship companies 10
,.tx.s. a satisfactory service. Cattle IN
,sndad for beef were landed in an ex-
hausted condition. and were oIte"
droxyned or fatally injured In attempt
inc TO land them THESE casuaiues "
CURED nearly every month- baIeS
quantities OF paiai were Host thrO ,,,
INABILITY To land IL before IL spoiieu-
| Time and again the people at the leper
i settlement were deprived for days To-
Il ,..fher Of their ordinary rrattonS. anu
1 the hardships which they suffered were
Il matters OF general notoriety ana COM
Thc BOARD of Health tried to remedy
II this condition OF things by hiring =
1 sailing vessel. devoted exclusively 70
IL work The landing place AT the
Ieper settlement was so rocky. anu
during a great part OF the year. 50
sT,r,,ss.uotis. that the losses and irreg-
uiarities above named continued as De-
sor.. until the vessel itself was wreck
ed. -, -. -
fsIaftfr- had In view was 20 pr"Flue :
| small vessel propelled by motive poM'f'
Il fndeu.ndent of the winds. In order tnaI
IN t,sog,ie at the ieper settlement nliEh,
r....sv.. their supplies regularly anu
u that the government might De s1N -
from constant and serious loss III ~ !,
,vartiius them. \ gasoline schooner
,,r0r.eif@si BY electricity generated %
neat serves this purpose Co the sam
exert a. u u were propelled by stsa ia
Interpreted in the light OF the dee,
si0ns % the Treasury Department =.
aha limited States and OF IN" cpJec'
which our legislator. sought 10 accom-
|, pilsh. IL -. think. esscntialy
..sf~arnsr." confess that would mes
ttat. to put this elastic constrnct i"n
| mon the appropriation II the tn'teu
Stat.-s government had not set TIE "a
ample. 800, - - q
| Th- legislative appropriation y Tor
s.nsy.iy built steamer. The evident IN
tent % the legislature In using IN,
| words newly built was TO guHTu
| against the purchase OF an old Notn u
=, hrI1 I understand that the aver
&C. ~. Of n vessel - at least = or :.
wears. think that vessel when y
les than two years old. may properly
| ~. ciassad a. newly built
Very truly yours.
r +. DOLE.
/ Attorney General