Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-04-23
SENATE.
CONTINUED from Page IL

subject to notifications by the Legis.
lature." II they had the right to mod.
ify the Organic Act there, they had
the same right with regard to other
parts of 1t. If not then they could not
establish county governments.
judiciary Chairman Assents.
| Senator Cecil Brown stated that
when he introduced the bill he had not
made any study of the objections TINT
tie Governor had made to the County
bill. Reading from the Organic Act
the provisions relating to the Superin.
tCndent of Public Works, he showed
that among matters under his control
water works were included. The Act
| transferred to the Superintendent
functions formerly exercised by the
M'rIster of Interior and the Minister
OF Finance, excepting as changed by
this Act" and subject to notifications
by the Legislature" That clause was
In nearly every portion of the Act re-
lating to executive officers. Another
part of the Act provided for the organi.
cation Of county government He De
lieved that this provision. subject to
notifications by the Legislature" was
placed in the Organic Act with a spe.
cial view to the occasion that had now
arisen. Senator Brown read the provi.
sion relating to water works in the
County Bill and said:
Thinks Governor Mistaken.
Il think the Governor has made a
mistake in taking the position that we
have surrendered the title of the Ter.
ritory to the water works. We have
simply taken control OF them in order
to raise revenue to pay the expenses
of the county. am inclined to second
the motion made by Senator Crabbe
u simply amounts to this, that the
revenue from water works, which is
immense, would be transferred by this
amendment from the counties to lhe
Territorial Treasury The Governor
does not say the County Bill provision
IL illegal. but that IL is of doubtful le.
gality, and | think we had better let IL
remain and leave the decision of le.
gality to the courts"
Senator Achi seconded the motion,
but proposing an amendment also to
strike out section 8, repeating chapt.a
10. relating to lighting streets and
public buildings. lie said the modify.
ing clause was in the Organic Act with
regard to every department excepting
those of public lands and survey.
(Senator Crabbe-And Superintendent
of Public Instruction. The speaker
mentioned that the Jurisdiction of the
Territory was recognized in the water
works provision by devoting a pro
rata of the revenue to the Territorial
Treasury.
Problematic
Senator McCandless elected the
views OF the chairman of the judiciary
Committee on the construction of the
Organic Act. Senator Brown found
q direct conflict between two sections
OF the Organic Act. that relating to the
custody of Territorial property and the
one just read. II came to a question
of what was the Government of the
Territory. He held that the Legisla.
ture was the Government in part. II
passed laws that came into force when
signed by the Governor. Concluding,
he said there was ground for doubt
and that was why the Governor said
this matter was of doubtful legality.
The motion carried with amend
ment, killing the two sections.
Another Section Goes.
The section amending section $50
of the County Bill, so as to have the
Territorial Board Of Public Institutions
organize on the fourth day Of January.
1904, was struck out on motion OF
Senator Crabbe. In support of his mo.
ton he stated on the authority of Mr.
Breckons, VINO drew the County Bill.
that what the Governor deemed incon.
sistent had been placed in the bill in.
tentionally. The intent was that the
board should organize Immediately on
approval, assume supervision over pub
lie institutions and make all prepare.
tons for turning them over to the
county governments on January
1904.
Another Section Doomed.
"A motion to strike out the following
section, repeating section 4S3, relating
to the organization of the Territorial
Board of Public Institutions, was pend.
ing at recess.
Senator Cecil Brown was then look
ing up the effect of the section, and
after recess he found II should come
out in harmony with the action alreaav
taken.
Acceptable Amendment.
The following addition to the County
Act, contained in the bill. will be pass.