The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-04-27

Governor Dole this morning vetoed
the municipal government act, sending
to the Legislature a message in which
he pointed out many defects in the law,
also some conflicts with the Organic
Act The first feature objected to is
that which provides for a set of city
police justices who are to have the
same Jurisdiction as the territorial dis
trict magistrates and may try certain
cases without a jury:
1T is not easy to forecast the CON
fusion and conflict of authority that
would be likely to arise from such leg
islation. With District Magistrates as
County and Territorial officers still ex-
ercising 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 laws
and turning the fines and costs into
the respective treasures from which
such officers are paid, and for controll-
ing the labor of prisoners, is something
that is not pleasant to contemplate.
Moreover the provision of SectiCa 43
that such cases shall be triei by pO-
lice justices without the Intervention
of a Jury, affects. in certain classes Of
SuCn cases lit IlSllS VI pdllltS ~
trial by jury to the extent of depriving
them OF such right except upon appeal.
Section 81, division 12 gives cities
the right of eminent domain under
which IL is provided that they may take
private property for public use within
or without the city
AS this provision gives city the
power and right to enter the domain of
any County or any other city in the
Territory, and condemn and take pos
session of private property therein for
any authorized public purpose, which
would include water for drinking pur-
poses and for the development of DOW
er, land for water works and for pow
er houses as well as the objects men
toned in the bill, the provision is
against public policy as one that would
lead to conflicts of the interests be-
tween separate cities and between cities
and counties, and as tending to preju-
dice private interests; 1t being a self
evident proposition that private inter-
ests would not receive the same consid-
Grafton and protection from the author
tiles of an adjacent city as they would
receive from their own country or city
authorities.
"One Of the public purposes mention
ed in the bill for which private proper =
" may pt NOllGhlliti OulSlut VI lllt
city limits is the establishing Of ceme-
teries, for which object this eXtraor-
dinary power would be perhaps more
likely to be exercised than in the case
of the other purposes mentioned in the
bill. Such an exercise of power has but
to be suggested to raise doubts in the
minds of thinking men, of its pro-
priety.
The extension of this power to prop
erty outside of city limits is in my
opinion, dangerous, misChievous and
unneces sary.
Section sc requires that the Terri
torial authorities transfer the control
of such wharves and docks as may be
in their possession within he limits of
| any city, to the authorities thereof
This is contrary to the provisions of
| Section 80 Of the Organic Act which
| provides that wharves and la idinSs
constructed or controlled by the Repub-
a. . 4 3 .