The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-23

mittee on Territories to hold UP the
County Act for further amendment, are
as follows:
On the ed of April, 1903, can Act
providing for the organization and gov
eminent of counties and districts and
! the management and control OF public
works and public institutions therein
was approved. On the same day | sent
the following is a copy, recommending
certain amendments to the said act:
l have approved the county bill pro
viding for the organization and gov
eminent of counties and districts and
the management and control of public
works and public institutions therein.
There are, however, some features of
the law which are, in my opinion, OBJ
jectionable, and which should, for the
sake of the clear understanding of such
law by the public and its successful ap-
plication to the objects intended, and
for removing as far as possible all legal
complications from the administration of
public affairs under its provisions, be
removed by amendment.
| These objections are as follows:
Section 40 provides that "all prop
erty in the hands of any road authori-
ties within the Territory on the 4th day
of January, A, D. 1904, shall become
| the property of the county IN which the
same is located"
| Section AT provides, referring to the
TRANSFER of jail property to counties,
| that all property so transferred shall
/ be the property of the county,
Section 26S division Il, provides that
/ call fees or costs arising from
the sale or lease of property by this or
any law of the Territory placed under
| the control of such county shall be
payable into the treasury of the county
and used for paying county expenses. p
| As the greater part of the property
| which will be turned over by the Ter
ritorial government to the counties up
on their organization will be public
! property which was transferred by the
Republie of Hawaii to the United States
| under the joint resolution of annexa-
ton. and by the United States placed in
charge of the government of the Terri
tory, to be cared for and maintained by
it for its own use until otherwise pro-
vided by Congress or taken for the
uses and purposes of the United States"
(section OF, organic act), the above pro-
visions making such property the prop
erty of the counties, to be sold or leased
by them, is an attempt to amend section
or OF the organic act, and also section
70. neither of which can be amended
except by Congress.
The provisions referred to are unne-
cessary for the due administration of
county government as section 482 pro-
vides that it is "the intention of this act
that in all cases where by this act any
county officer or board is charged with
the performance of any duties hereto
fore performed by Territorial officials
the use of all property heretofore used
by such Territorial officials, for the dis
charge of such duties shall be trans
ferred to such county officer or board"
Chapter 90, relating to the transfer of
Territorial waterworks to the counties
where such waterworks are situated, is
of doubtful legality as being inconsist-
ent with section OF of the organic act
above referred to, for the following
reason: Although under the provision
of the organic act (section so authoriz-
ing the legislature to create counties and
town and city municipalities =
and provide for the government thereof,
such public property belonging to the
United States but held by the Terri
torial government which is obviously
necessary for the internal administration
of such subordinate governments, may
be turned over to such governments for
such purpose, the legislature has no
power to go further, and the Territorial
government may not, under the reSpon-
sibility imposed upon it by section 81
and section 70, surrender such property
as is not necessary for the internal adj
ministration of such subordinate gov
ernments.
1t can not be reasonably argued that
the conduct of waterworks is essential
to the administration of county or
governments. 1t is common
status in many cities on the mainland
that the water used by the inhabitants
for domestic purposes is furnished by
private companies.
The same reasoning applies to the
proposed transfer of the apparatus and
equipment used by the Territorial gov
in lighting streets and public
buildings, as provided in chapter 70.
Section III provides that the duties
required by the provisions of chapter 10
of the civil laws of 1897, to be perform
ed by the commissioner of boundaries, /
shall be performed by the county sur
veyor of the county IN which the lands /
in question are situate.
Section I72 provides that the fees to /
be paid such commissioner of boundaries |
SIldll De pau IiltO TIC COuiitS thSa0tt >.
These sections attempt to amend sec
ton 70 of the organic act, which pro-
vides that the laws of Hawaii relating |
to the settlement of boundaries, except
as changed by such act, shall continue
in force until Congress shall otherwise
provide"
Section .384 provides that the Terri
toria1 board Of public institutions shall
provide for the care, maintenance, and
OF all inmates confined in
any penal institutions in the Territory"
This provision conflicts with the
twenty-second division of section p,
which gives county boards of super
visors Jurisdiction and power to provide
for the working of prisoners confined in
county jails under conviction Of misde..
neanor: and also with division of
section 90. which provides that the