The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-04-23
lie Sends His Message to Legislature,
But Recommends Changes
In the Act.
This Is Taken in Some Quarters to Mean a
Possible Extension of the
Present Session.

Governor Dole signed the County bill
shortly before noon yesterday and Sec
Rotary Carter Immediately communi
Gated the fact to the Legislature. II
the Senate the notice was received
without display. and but for Kalauoka.
Iani 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 bin 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
jectionabIe, and which should. for the
sake of the clear understanding of such
law by the public and its successful APP
pIication to the objects intended, and
for removing as far as possible all legal
complications from the administration
Of public affairs under it's provisions.
be removed by amendments.
These objections are as follows:
Section AIS provides that "all prop
erty in the hands OF any road authori-
ties within the Territory on the fourth
lay of January, A. d. 1904. shall become
the property of the County in which the
same is located"
Section Ar provides. referring to the
transfer of Jail property to counties.
that. "aIl property so transferred shall
be. the property of the County"
Section 26s. division 10. provides that |
ALI fees or costs arising from /
he sale or lease of property by this
IT any law of the Territory placed un-
Ter the control of such County" shall
De payable into the treasury of the
County and used for paying County ex-
,enses.''
AS the greater part of the property
which will be turned over by the Ter
itorial Government TO the Counties up
IN their organization. will be public
property which was transferred by the
,epublic Of Hawaii to the United States
nder the Joint Resolution of Annexa-
ion, and by the United States placed
4 charge of the government of the
'errltory. TO be cared fer and main
aimed by it for it's own use until 9TH
rwise provided by Congress or taken ]
,r the uses and purposes of the United I
tates;" (Sec. 81, Organic Act) the
bove provisions making such property !
lie property, of the counties to be sold a
r leased by them. is an attempt to I
mend Section 81 of the Organic Act,
nd also Section 10. neither of which
IN be amended except by Congress.
The provisions referred to are I'M v
for the due administration
County Government. as Section 4S2
Divides that it is 1.-The intention of this
I that in all cases where by this act.
y county officer or Board is charged il
tn the performance of any duties Il
retofore performed by Territorial Of Fl
ials. the use of all property hereto
e used by such Territorial officials
the discharge of such duties. shall =
transferred to such County officer or te
ard al
,hapter SO relating to the transfer of A
rritorial water works to the Coun- 9,
5 where such water works are sit
ted, is of doubtful legality, as being
onsistent with Section 81 of the Or liz
1ic Act above referred to. for the Sc
lowing reason: Although under the oy
vision of the Organic Act, (Section or
authorizing the Legislature to create
mites and town and city municipali-
and provide for the gov u
ment thereof, such public property la
onging to the United States but held tri
-. r,-;..-;,t f.ox-arD,,7apt .rhicb
obviously necessary for the internal
of such subordinate gov
ments, may be turned over to such
ernments for such purpose, the Leg be