The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-04-24
(From Thursdays Daily0


shortly before noon yesterday and Sec
rotary Carter Immediately communi-
Gated the fact to the Legislature. In
the Senate the notice was received
without display, and but for Kalauoka-
lani there would have been no refer
ence to the fact. He wanted to adjourn
and cheer, but the more sedate MEM
bers squelched any demonstration.
In the House the message was re-
ceived shortly after noon and, at ad-
journment, the members relieved their
minds by three cheers.
MESSAGE RECEIVED.
Immediately upon the opening of the
Legislature in the afternoon a message
from the Governor was sent to both
Houses recommending changes and
amendments in the bill, as passed. This
message was as follows:
GOVERNORS MESSAGE.
have approved the County bill pro
viding for the organization and govern
ment of counties and districts, and the
management and control of public
works and public institutions therein"
There are however some features of
the law which are in my opinion OBJ
jectionable, and which should, for the
sake of the clear understanding of such
law by the public and It's successful APP
plication to the objects intended, and
for removing as far as possible all legal
complications from the administration
of public affairs under its provisions,
be removed by amendments.
These objections are as follows:
Section 476 provides that call prop
erty in the hands of any road authori-
ties within the Territory on the fourth
day Of January, A. d. 1904, shall become
the property of the County in which the
same is located"
Section AT provides, referring to the
transfer of Jail property to counties
that, "all property SO transferred shall
be the property of the County"
Section 26S, division 10, provides that
''all fees or costs arising from
the sale or lease of property by this
or any law of the Territory placed I'M
der the control of such County" "shall
be payable into the treasury of the
County and used for paying County eX-
penses."
AS the greater part of the property
which will be turned over by the Ter
ritorial Government to the Counties up
on their organization, will be public
property which was transferred by the
Republic of Hawaii to the United States
under the Joint Resolution of Annexa-
ton, and by the United States placed
in charge of the government of the
Territory, to be cared for and main
tanned by it for its own use until 9TH
erwise provided by Congress or taken
for the uses and purposes of the United
States" (Sec. 81, Organic AcD the
above provisions making such property
the property of the counties to be sold
or leased by Them Is an attempt to
amend Section 81 of the Organic Act,
and also Section 70, neither of which
can be amended except by Congress.
In
necessary for the due administration
of County Government, as Section 4S2
provides that 1t Is 1.-The intention of this
act that in all cases where by this act,
any county officer or Board is charged
with the performance of any duties
heretofore performed by Territorial Of
fore used by such Territorial officials
for the discharge of such duties, shall
be transferred to such County officer or
Board"
Chapter SO relating to the transfer of
Territorial water works to the Coun-
ties where such water works are sit
with Section 81 of the Or
ganic Act above referred TO, for the
following reason: Although under the
provision of the Organic Act, (Section
80 authorizing the Legislature to create
and town and city municipali-
ties and provide for the gov
eminent thereof. such public property
to the United States but held
by the Territorial Government, which
Is obviously necessary for the internal
of such subordinate gov
may be turned over to such
for such purpose. the Leg
has no power to go further
and the Territorial Government may
not. under the responsibility imposed
upon 1t by Section 81 and Section 10,
a.