Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-01-16

an act entltled, An ACT 10 pTonlOil ln'
passage of local or special laws in the
Territories of the United States to limit |
Indebtedness. and for other purposes.
Approved July 30. 1856 (2l stat. 400.
Very respectfully.
THOS. RYAN.
Acting Secretary.
department Of the Interior. ONCE OF
the Assistant Attorney General.
Washington, Dec %, 1902.
The Secretary of the Interior.
Sir:-The Governor of the Territory
OF Hawaii has addressed communi-
cation TO the Department enquiring % |
whether the Hawaiian Legislature may
empower counties. towns and munich
palities. In the Territory, TO impose
taxes upon residents and property with
in such counties. towns and city mu-
inequalities. and provide for the col
lection of taxes so imposed; and C2)
as to the extent of power which may he
granted to such corporations. This
communication has been referred to
me for an opinion upon the questions
presented.
The power to create counties AMI
towns and city municipalities within
, the Territory. ana provide for the gov
eminent thereof. is specifically con
ferred upon such Legislature by Sec
ton So of the Act of April 80. 1900
| (Sl Stat. 1il. 1917, as will be seen by
reference to Rogers V. Burlington g
Wall. 65i, 662). and Board of Trustees,
ETC. v. State of Indiana GA How, 26S
27S). the same power in conferred by
the following provision IN Section So
pt the Act:
That the legislative power OF the
Territory shall extend to all rightful
subjects of legislation.
This provision of Section 80 Is iden-
teal with u provision in Section 6, Act
of Jun 12. 1888 6 stat. 235. 237D, en-
titled IAN Act to Divide the Territory
Of Wisconsin and to establish the Ter
ritory of Iowa" with provision in
Section G, Act of September o. 1850 90
stat. 1853. i5D, establishing terri
torial government for Utah; and with
provision in Section 1851, Revised
Statutes, common to all the Territories
With respect TO the provision as II
appears In Section G, Act OF September
.. 1850. the Supreme Court, in Cope v.
Cope. C1S7 L. s., CSC. GSil. said,
with the exceptions noted in this
Section the power of the territorial
Legislature was apparently as plenary
: us that of the Legislature of n State.
In passing upon the provision as
A found in Section 6, Act of June L.
! 1898, the Supreme Court, in Rogers "
Burlington g Wall. G5i G62D, held, In
effect. that under It the territorial Leg.
:, lislature of Iowa could create such pub
|, lie corporations as counties, cities anC
! towns and clothe them with all tho
: lpowers, functions and attributes neces'
4 sary to effectuate their objects. Among
/. the powers necessary for counties. cit
:, los and towns to possess Is the power
to impose taxes and provide for theil
collection.
y While the legislative branch of {
government Estate or territoriaD ha!
the exclusive power of taxation. 4
may. unless restricted by organic law
" delegate this power to counties, cities
" and towns. When such corporation
. are created, the power of taxation 'i'
vested in them as an essential attri
. butte for the purposes of their exist
> ence. unless its exercise be plainly pro
, hibited." Dillon on Municipal Corpor
atoms, Ed. Vol. 2, Sec. 7il.
u All the territorial legislatures witt
the exception Of the Hawaiian. have
> under the above provision In Sector
: 1851 Of the Revised Statutes, provided
= for the creation of counties, cities anc
, towns, and empowered them to exer
; else all the powers and functions neces
" sary for their existence and govern
ment, including the power to impos,
taxes and provide for their collection
" and the authority OF such Legislature
!. In the premises has never been ques
u toned in the Supreme Court OF tn
United States. Board of Trustees, etc
" v. State of Indiana "a How. PCS, 27S)
V Rogers " Burlington (Supra, p. 622)
', Union Pacific Railway Company '
y Chepenne G13 U. s., 516).
BY the Act OF April 30, 1900 81 Stat
l4D, the legislative branch of the Gov
= ernment of the Territory of Hawai-
y has, subject to Congress, the EXCLUSIVE
y power of taxation within the Territory
- Congress has not prohibited such leg
" lslative branch from delegating thi
- power
~ In express terms, the Act authorize
the Legislature to create counties, tow
and city municipalities within tn
Territory, and provide for the govern
-, ment thereof implicitly, the act con
os fers upon such Legislature the author
fly to clothe such corporations wit
n all the powers, functions and attrt
4. butes necessary to ettectuate their oil
:, jects and necessary for their existenc
:, and government including the powe
TO impose taxes and provide for thei
collection.
" Very respectfully,
% (Signed)
u = WILLIS VAN DEVANTER,
Assistant Attorney Genera