The Hawaiian gazette., 1904-01-26

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Section 4S3 provides that immediate
ly after the passage OF this act II shall
be the duty OF the Territorial board of
public institutions by this act provided
for to organize in the manner required
herein
As other provisions Of the act refer
to the 4th of January. 1904, as the time
when such board shall begin to ex-
ercise its powers, ,Ie provision OF Sec
ton 4S3 must contain mistake as 10
the time for its organization, which
should be January 4, 1901,
There is some vagueness i'll the act
as to the status OF the superintendent of
public works after the installation OF
county governments. / would recon-
mend definite legislation making him
the executive officer OF the Territorial
board OF public institutions.
In view OF the foregoing suggestions
| recommend immediate legislation
amending the county act in accordance
Herewith.
A bill carrying out portion of these
recommendation was passed by the
senate but failed in the house.
A more careful reading of the act
discovers other defective provisions. A
Territorial board of public institutions
is created i'll chapter o. to be composed
of the governor, secretary, treasurer,
auditor, superintendent OF public in
struction, and attorney ygeneral of ,he
Territory This chapter departs from
county matters and provides for the
management of certain Territorial II
sttutions. naming the capitol and judi
ciary buildings, charitable, rcformatory,
and penal institutions established and
supported by the Territory harbors,
wharveS. matters of pilotage and towing,
with the sweeping clause that ''the
board shall have power to direct the
general management of all Territorial in
stitutions.' These provisions would, if
carried out withdraw the management
of the two reform schools from the
commissioners OF public instruction, OF
the insane asylum, and the lepcr settle
ment at kalawao from the board OF
health, of the penitentiary from the at
torncy- general, OF the harborS from the
United States, and of the wharves from
the superintendent of public works.
Section 4S3 OF the county act requr-
ed that Immediately after the, passage
of the act, the Territorial board OF pub
lie institutions should organize, and
sections 4Sl and 4S5 required the board
as soon as organized, to take control
of all matters relating to harbors.
wharves pilots, and towage, and OF all
property used i'll connection Herewith, !
and to assume the control, management,
and maintenance of the insane asylum !
and the executive and Judiciary build |
lngS.
The board organized on the Ist of
May, and on the 4tll of May notified !
the board had assumed the control, |
and maintenance of the
hafborS, wharvcS, pilots and towage, !
and requested him to deliver up the |
and to furnish the board with !
an inventory OF all the property thereof, !
and list OF all the employees connected /
On the next day. May 5, the !
secretary OF the board received letter
from the superintendent of public works !
declining to acccde to this request on
the grounds that by virtue of his office |
he SWas charged with the control and !
of the property and the |
work in question, and had no power to |
such control and management
that the board had no legal existence
and therefore no right to assume such |
control and management as claimed, |
that that part OF the county act purport-
ing TO establish a board of Territorial |
was illegal in that it was in |
of section 45 of the or
panic act, which requires that each law
shall embrace but one subject which |
shall be expressed in its title; that the
whole act was illegal for the same rea-
son, in that it contains more than one
subject OF legislation, TO wit, section 2o7
providing for Territorial revenues, sec
tion zoo providing for Territorial
charges, sections 3SI to 3oI creating a
board of public institutions, section 4o7
all existing waterworkS
and systems, sections AIS and 4i6 ap-
propriating all property used by the Ter
ritory III lighting streets and public
buildings, section Az appropriating all
public markets, sections 476 to 4S2 ap-
and transferring property be-
longing to the Territorial government to
the counties, sections 4SS to 4S7 pro-
viding for the organization of the board
OF public institutions, and chapter 10
making appropriations OF Territorial
funds for the support of counties; that
the legislature is without authority to
modify or change the form of the Ter
ritorlal government as established by
the organic act, and that the board
sought to be created by the county act,
is Illegal in that the power OF appoint
ment OF members OF boards of a public
character is vested in the governor by
section So OF the organic act,
The board then instructed the attor-
ney-general to bring legal proceedings
against the superintendent of public
works to compel him to conform to the
provisions OF the county act bearing on
the question, and TO the demand of the
board. Such proceedings, we're begun
III me circuit court in the form of an
application for writ of mandamus TO
the superintendent OF public works. The
case was heard and Indictment o;van fOr