The Hawaiian gazette., 1903-08-11

CLASHED
Opposition to Mr..
Cooper's Land
Exchanges.

| until late in the afternoon. Differences
arose between heads of the depart
| ments on certain matters. One of
| these at least was not settled when
the opinion Of the majority was given,
while on another question the dispute
| is liable to break out in new place
at any time.
Auditor Fisher, it is understood, de-
clines to be bound by the view the
council took with regard to land dam
ages, supported though it was by the
oral opinion of Attorney General An
drews. The question arose from an
oversight Of the Legislature in failing
to make an Appropriation for ROAD
damages. Superintendent of Public
Works Cooper made the claim that,
in the absence of such an appropria-
ton, he had the right to pay for land
needed for making or widening roads
out of the appropriations for the con-
struction or repair of particular roads.
| Otherwise, he contended, such appro-
| priations would be useless. Mr.. Coop
er was sustained in this view by other
heads of departments, including the
Attorney General, the prevailing opin-
| ion being that it was not a case Of
diverting appropriations from the
| specific objects for which they were
made. 1t was argued that the Legisla-
ture intended, in all cases, to have the
road work done for which it voted
money and that if portion of the
money were expended to purchase the
right of way for given road the in
tent of the Legislature would not be
whether the appropriation was sutfi-
Gent for all purposes required.
AS already intimated. the Auditor
dissented from the decision and there
fore nothing remains but submission
Of the question to the Supreme Court.
Another occasion of controversy was
over the matter of exchanges of pub
lie land for private land needed for
road purposes. Although the Super
intendent of Public Works was author
lied to carry out such exchanges as
had been submitted by him. the whole
business and its principle met with
opposition that is liable to be renew
ed when any subsequent proposal Of
the kind may be preached. Secretary
Carter holds that the interests of the
counties about to come into active be-
ing by act of the Legislature ought to
be considered in the matter.
The settlement with the trustees Of
Oahu College was confirmed, whereby
the Government takes 11,416 square
feet needed for widening Miller street
and the trustees take 1874 square feet
of land on Vineyard street. the balance
in excess to be paid for by the trus-
tees at actual cash value.
Superintendent Cooper also made a
requisition of the Commissioner of
Public Lands for transfer to the
Public Works department of the fish
ponds at Moanalua to be used in ex-
change for lands required for road
purposes. The value of these ponds
is placed at $4,000. They are under
lease to S. NJ. Damon and yield a
revenue of $500 a year.
An old grievance of L. l.. McCand-
less over land at Waiahole sold to T..
f. Lansing was composed. 1t was that
of the omission to reserve a right Of
way over the land. Lansing sold the
| property to II. f. Wichman, somewhat
complicating the matter of complaint,
but now a compromise has been effect
ed. A road as laid out by the road
board will be put through and an ar
| rangement made with Wichman about
| the damages.
Another road matter that came be-
| fore the council was complaint from
! Eben +. Low about the manner in
which he alleged w. w. Bruner was
carrying out a contract. Low bid for
/ the work in question but was under
bid by Bruner. Superintendent Cooper
will have an opportunity of investiga-
ting the complaint on his visit to Ha-
I wall.
The question of whether the execu-
tive discretion should be used to COM
mute the death penalty of George Fer
| ris for murder to Imprisonment was
| submitted. No member of the coun-
! Gil had examined the case, but the
d opinion of all was that clemency should
not be exercised unless found conso-
nant with justice.
The question regarding the legality
| OF issuing treasury notes for advances
/ of money was not decided, as the At
| torney General was not ready with
the desired opinion.
Another bad sin of omission on the
part of the Legislature was revealed
| at this meeting. No appropriation was
made by it to pay for printing the
| Territorial bonds. 1t was decided by
the council that it was incompetent
for the Treasurer to take the expense
out of proceeds of the bonds. Unless
it can be squeezed out of incidentals'
the cost of printing the bonds Will have
TO remain an unpaid bill for the next
Legislature TO liquidate. And Treasur-
er Kepoikai asserted that his inciden-
tails would not stand 1t.
Liquor licenses were passed upon by