The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-06-13

Eclipse Tor the use " the Board oi
Health. under the appropriation made
by the Legislature. lie says
Territory ~ Hawaii.
Office OF the Attorney General
Honolulu. n. l.. June TO- 1902
Honorable James H. Boyd, Supcrin-
tendent Of Public Works OF the Ter
ritory OF Hawaii
Dear Sir:--i beg to acknowledge your
letter OF June 8. enclosing a copy OF n
communication from the Hawaiian
Navigation Company. and requesting
my opinion whether the Appropriation
for the purchase OF newly built
steamer" could be applied In purchas-
ing the schooner referred to I'm said
communication.
The communication addressed to the
Board OF Health Is a. follows THE
Hawaiian Navigation Company wish to
make you an offer to 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 To entertain this offer. please ad-
wise us at an early date"
I am Informed that the gasoline
schooner Eclipse is propelled by cleo
tricity generated by heat. and In not
propelled by steam. The first question
AiltA dIlStSt lltrtlpIfs ~ NUtllltI IL ~
steamer within the meaning OF the
appropriation made by the last legis-
lature for :he purchase OF n newly
built steamer"
Rule OF the Act OF Congress OF Feb
ruary S, 1895. entitled AN Act to reg
ulate navigation on the Great Lakes
and their tributaries and waters as far
north az Montreal" provides that the
words steam vessel shall include any
nrAna1l.I hNs
that such vessels are subject to the
rules and regulations provided for In
said act for steam vessels. See Treas
ury Decision 20, 7l2. dated May II. 1902;
also Article 81. Customs Regulations OF
1888. and Treasury Decision H. 79S
The foregoing shows that the United
States government in determining
what are steam vessels has been gov
erned by the substantial nature Of
such vessels. rather than by the mere
question whether they were propelled
by steam or some similar motive pow
err
1t seems to me that the foregoing
construction put upon the phrase
steam vessels" by the United States.
goes far to authorize a like construc-
ton In this Territory II also cannot
be doubted that such construction IL
within the spirit and pursuant to the
pdl pune VI lIt III
the appropriation. II Is matter Of
common and general knowledge that
the Territory had suffered n constant
loss for a long time. amounting to
many thousands OF dollars a year in
sending supplies to the leper settle
ment at Molokai II was impossible
for the local steamship companies to
give n satisfactory service. Cattle in
tended for beef were landed In an ex-
tad
drowned or fatally injured in attempt
ing to land them. These casualties oc-
CURED nearly every month. Large
quantities Of paiai were lost through
inability to land Il before II spoiled.
Time and again che people at the leper
settlement were deprived for days to-
gether of their ordinary rations, and
the hardships which they suffered were
matters OF general notoriety and com
plant
The Board Of Health tried to remedy
this condition OF things by hiring a
sailing vessel. devoted exclusively to
its work. This landing place at the
leper settlement was so rocky, and,
during a great part of the year. so
tempestuous, that the losses and irreg-
ularities above named continued as be-
fore, until the vessel itself was wreck
ed.
NC wen opJN'' Nbi'h 'i'
islature had In view was to provide
small vessel propelled by motive power.
independent OF the winds. in order that
the people at the leper settlement might
receive their supplies regularly and
that the government might be saved
from constant and serious loss in for
warding them. A gasoline schooner"
propelled by electricity generated by
heat serves this purpose to the same
extent as II 1t were propelled by steam.
Interpreted in the light OF the deci-
sions OF the Treasury Department of
the United States and OF the object
which our Legislature sought to accom-
plish it is, ] think, essentially
steamer" ! confess that ] would hes
itatc to put this elastic construction
upon the appropriation II the United
States government had not set the ex-
ample.
The legislative appropriation liz for a
newly built steamer" The evident in
tent OF the Legislature in using the
words newly built" was to guard
against the purchase OF an old. worn
out hulk. / understand that the aver
age life OF a vessel Is at least 20 or 80
years. ! think that a vessel which IL
less than two years old, may properly
be classed as newly built"
Very truly yours.
T.. i. DOLE,