The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-08-11
COUNSELS
CLASSIFIED
Opposition to Mr..
Cooper's Land
Exchanges.
Some Troubles Caused
By Legislatures
Omissions.
No Appropriation Either For
Road Damages or for Print
ing Territorial Loan Bonds.


council continued from the forenoon
until late in the afternoon. Differences
arose between heads of the depart
ments on certain matters. One of
these at least was not settled when
the opinion of the majority was given,
while on another question the dispute
is liable to break out in a new place
at any time.
Auditor Fisher, it is understood, de-
clines to be bound by the view the
council took with regard to land dam
ages, supported though it was by the
oral opinion of Attorney General An
drews. The question arose from an
oversight Of the Legislature in failing
to make an appropriation for road
damages. Superintendent of Public
Works Cooper made the claim that,
in the absence of such an appropria-
ton, he had the right to pay for land
needed for making or widening roads
out of the appropriations for the con-
struction or repair OF particular roads.
Otherwise, he contended, such appro-
priations would be useless. Mr.. Coop
er was sustained in this view by other
heads of departments, including the
Attorney General, the prevailing opin-
ion being that it was not a case OF
diverting appropriations from the
specific objects for which they were
ture intended, in all cases, to have the
road work done for which it voted
money and that If a portion of the
money were expended to purchase the
tent of the Legislature would not be
violated. The only question would be
whether the appropria ton was suffi-
cient for all purposes required.
AS already intimated. the Auditor
dissented from the decision and there
fore nothing remains but submission
Of the question to the Supreme Court.
Another occasion of controversy was
over the matter Of exchanges of pub
lie land for private land needed for
road purposes. Although the Super
intendent of Public Works was author
lied to carry out such exchanges as
business and it's principle met with
opposition that is liable to be renew
ed when any subsequent proposal of
the kind may be preached. Secretary
counties about to come into active be-
ing by act of the Legislature ought to
be considered in the matter
The settlement with the trustees OF
Oahu College was confirmed, whereby
the Government takes 11,416 square
feet needed for widening Miller street
and the trustees take 1874 square feet
of land on Vineyard street, the balance
in excess TO be paid for by the trus-
tees at actual cash value.
superintendent Cooper also made a
requisition of the Commissioner of
Public Lands for a transfer to the
Public Works department of the fish
ponds at Moanalua to be used in ex-
change for lands required for road
purposes. The value of these ponds
is placed at $4,000. They are under
revenue of $500 a year.
An old grievance of L l. McCand-
less over land at waiahole sold to T.
F. Lansing was composed. 1t was that
of the omission to reserve a right of
way over the land. Lansing sold the
property to H. F. wichman. somewhat
complicating the matter of complaint, |
but now compromise has been effect |
ed. A road as laid out by the road |
board will be put through and an ar
rangement made with wichman about |
the damages.
Another road matter that came be-
fore the council was a complaint from |
Eben P. Low about the manner in |
which he alleged W. w. Bruner was
carrying out contract. Low bid for !
the work in question but was under !
bid by Bruner. Superintendent Cooper |
viii have an opportunity of investiga-
ting the complaint on his visit to Ha- |
wall.
The question OF whether the execu-
tive discretion should be used to COM
mute the death penalty of George Fer
ris for r,,YYr5ar 70 ;,,,,,;s,,,,,,.,,. -,-,.-
submitted. No member of the coun-