The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-04-28
MUNICIPAL
BILL VETOED
There Are Many OBJ
iections to the
Measure.

drafted by the Republican Central
Committee. 1t is likely that the veto
will be sustained in the Senate, at
least, as the Long bill was passed yes
terday with the intention of remedying
the defects pointed out by the Governor
in the general municipal bill.
The Governors first objection to the
bill is the conflict between the juris-
diction of district and Territorial mag
istrates He says on this point:
'It is not easy to forecast the confu-
! sion and conflict of authority that
would be likely to arise from such
legislation. With district magistrates
as county and Territorial officers. still
exercising their authority, and county
police acting under the. county law,
the unseemly competition between the
county and city officials that would
inevitably arise for arresting and try
ing offenders against Territorial law
and turning the fines and costs into the
respective treasures from which such
officers are paid and for controlling the
labor of prisoners, is something that is
not pleasant to contemplate.
Moreover, the provision of section
43 that such cases shall be tried by
police justices without the interven-
ton of jury affects in certain classes
of such cases the rights of parties to a
trial by jury to the extent of depriving
them of such rights except upon ap-
peal"
A second objection is to the power
given cities to take private property.
both within and without the city. for
public use, which the Governor thinks
unwise, as the cities would not exercise
the same discretion outside of their
jurisdiction as within the city. AS the
right would be used more especially in
the acquisition of cemeteries, the Gov
ernor thinks it improper. Governor
Dole says in conclusion:
1.-THE extension to this power to prop
erty outside of city limits is, in my
opinion. dangerous, mischievous,- and
unnecessary.
MUST BE TERRITORIAL DOCK.
Section Sc requires that the Terrific
rial authorities transfer the control of
such wharves and docks as may be in
their possession within the limits of
any city to the authorities thereof.
This is contrary to the provisions
OF section SO of the Organic Act, which
provides that wharves and landings
OF COnlIOllco ny Inc nc
public of Hawaii shall remain under
the control of the government of the
Territory of Hawaii, which shall re-
ceive and enjoy all revenues derived
therefrom.'
"Section sc gives the City Council
power by a two-thirds vote to order
the Mayor to borrw a sufficient sum
to provide for the expense necessary
to be incurred in making any repairs
or restoration OF improvements" the
necessity of which has arisen after the
last annual appropriations.
TOO MUCH LOAN POWER.
1.-The provision of the Organic Act in
relation to the borrowing powers of the
several territorial governments is con-
tanned in section 55 and is in part as
follows: Nor shall any debt be au-
thorized to be contracted by or on
behalf of the Territory, or any political
or municipal corpora ton or subdivision
thereof except to pay the interest upon
the existing indebtedness, to suppress
or to provide for the COM
mon defense, except that in addition
to any indebtedness created for such
purposes, the Legislature may author
ize loans by the Territory or any sub
division thereof for the erection Of
public improvements, subject to the
limitation of one per cent of the as
sessed value of taxable property in the
Territory or subdivision thereof, for
annual loans and the three per cent
limitation for the aggregate indebted
ness by such divisions; and further
subject to the approval of the Presi-
dent.
There seems 30 be no valid reason
for constituting this provision to mean
ifoI fr1
its borrowing powers the Legislature
may authorize loans by a city without
limit except as provided in the Organic
Act.
Section "A gives city the power to
lease and grant for any term of years
to any person or persons, company or
the exclusive right to
construct and maintain a system of
water works to supply said city with
water
TT is a serious matter to give city
the power to grant rights of this char |
acter without limit as to time. but when
such rights are exclusive as we'll as
unlimited as to time, the provision is |
most alarming.
Under this power the Supervisors
might deliver their city to be bound !
hand and foot by a water monopoly |
which could be secured in its privileges
by law, for a thousand years or more, |
were it not for the provision of the |
Organic Act (section $50 forbidding the
grant of any exclusive privilege, i'm |
or franchise without the ap-
prevail Of Congress- Even the remote |
ness of the possibility that Congress
might approve of such legislation does
not remove its dangerous quality.
with these important defects, 1 do
not see how the bill in question can be
Of any value as law, for the incor-
ooration of cities, but fear that it
I5ould be a fruitful source of judicial
conflicts. litigation and unnecessary
increase OF the cost of living to cit
zens. as. B. DOLE,
Governor"