The Hawaiian gazette., 1904-04-22

for the railway OF said company through
| the military reservation OF kahauikl,
district of kona, Oahu, Hawaiian ISL
ands. be, and the same are hereby, rati-
| fed and confirmed.
Having advanced his bill to this
stage Mr.. Mcclellan thought it could
be well left in the hands of another
here. who will watch it carefully and
urge its passage in Senate and House
at the proper time. A long letter from
Secretary of War Taft. with enclosures,
has been printed by order of the House,
touching upon the proposed legislation
The Secretary includes letter from
Gov. Carter. calling attention to the case
and the circumstances under which the
deeds for right of way were given.
Judge Advocate General Davis. of the
Army, was asked to pass upon the letter
of Gov. Carter and recommended that
no further action be taken at present.
Then Assistant Secretary of War DIV
er wrote to Gov. Carter informing him
of the opinion OF the War Department on
the subject, Gov. Carter's letter having
been addressed to Col. Oliver. Then
when the subject was eventually brought
before Secretary of War Taft, with
request for recommendation from him,
favoring proposed legislation, he wrote
a letter, dated March 26, approving the
bill Secretary Taft said in conclusion:
"In both deeds the right of way for
the railroad is described as being 40 feet
in width, 20 feet on each side of the
center line. The power to dispose of
the real property of the United States
is vested in Congress and can only be
exercised by the Executive with ex-
press legislative consent | know of no
objection to a ratification of the convey
ances in question, and in view of the
facts as above stated it would seem
that such action should be taken.
81 have the honor, therefore, to recon-
mend that the act of the Hawaiian gov
eminent in granting right of way
across the Kahauiki be authorized"
With his letter judge Taft submitted
the draft OF an appropriate clause of
legislation. which was the same as that
given above
Mr.. Mcclellan made a number of
warm friends in Congress and elsewhere
during his stay in Washington. He did
not confne himself during his stay en-
tirely to the two measures in which he
was directly interested but gave atten-
ton to several matters OF general inter
est to the islands.
THE CARTER BILL.
A bill, following a recommendation by
Gov. Carter extending the power of re-
moval from office and amending the or
ganic act to that extent has been in
troduced in the Senate and House by
Mr.. Foraker and the Hawaiian delegate
respectively. What the prospects for
the passage of such bill are at this ses-
sion cannot be definitely stated but prob
ably they are not as bright as might be.
The bill provides for amendments to the
organic law so that Section 80 shall read
as follows:
Sec So That the President shall
nominate and, by and with the advice
and consent of the Senate, appoint the
chief justice and justices of the SUI
preme court, the judges of the circuit |
courts, who shall hold their respective |
Offices for the term of four years, unless |
sooner removed by the President; and |
the governor shall nominate and, by and |
with the advice and consent of the SEN
ate OF the Territory of Hawaii, appoint
the attorney general, treasurer, com
missioner of public lands, commissioner
OF agriculture and forestry, suIerintend
ent OF public works, superintendent of
public instruction, auditor, deputy au-
dtor, surveyor, nigh sheriff members
of the board OF health, commissioners
Of public instruction, board Of prison
inspectors, board OF registration and in
speclors OF election. and any other Ter
rilorial boards Of a public character that
may be created boy law, and he may make
such appointments when the senaie Is
not in session hy granting commissions,
which shall unless sleh appointments
are confirmed, expire IA lhc end NJ the
nrNi session 81 the senate. All such
officers shall hold Oilrc l0r four Year
lnd unlll ilriT surrrsuh Hrr appointed
and qualified, wlra sooner removed hy
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