The Hawaiian gazette., 1903-04-28
MUNICIPAL
BILL VETOED.
There Are Many Oh.
jections to the
Measure.

Committee. 1t is likely that the vet
5 will be sustained in the Senate, a
least, as the Long bill was passed yes
terday with the intention of remedyint
the defects pointed out by the Governo
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:
at 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 interview
ton of a jury" affects in certain classes
Of such cases the rights of parties to
trial by jury to the extent Of depriving
Of irh
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
constructed or controlled by the Re-
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 &C 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.
THE provision of the Organic Act in
relation to the borrowing powers of the
several territorial governments is con-
tanned in section SO 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 corporation or subdivision
thereof except to pay the interest upon
the existing Indebtedness, to suppress
instruction 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 to be no valid reason
for constituting this provision to mean
that while the Territory is limited in
its borrowing powers, the Legislature
may authorize loans by a city without
limit except as provided in the Organic
Act.
Section "A gives a 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
1T is n serious matter to give a city
the power to grant rights OF this char
acter without limit as 10 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 water monopoly
which could be secured in its privileges
by law, for thousand years or more,
We're IL not for the provision of the
Organic Act (section 55) forbidding the
grant of any exclusive privilege, i'm
munity, or franchise without the APP
prevail of Congress- Even the remote
ness of the possibility that Congress
might approve OF such legislation does
not remove it's dangerous quality.
With these important defects, do
not see how the bill in question can be
Of any value as law, for the incor-
poration of cities, but fear that It