The Hawaiian gazette., 1904-01-26
PROBABLE AMENDMENTS
TO THt COUNTY ACT
Extracts From the Report Of Former Governor
Dole Which the Committee in Charge
Of County Law is Considering.

mittee on Territories to hold up the
County Act for further amendment, are
as follows:
On the ED OF April, 1908, IAN Act
providing for the organization and gov
ernncnt of counties and districts and
the management and control OF public
works and public institutions therein
was approved. On the same day | sent
message to the legislature, OF which
the following is a copy, recommending
certain amendments to the said act:
have approved the county bill pro
viding f6r the organization and gov
ernment 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
iectionable, and which should, ior 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. ID. 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 I,3, provides that
"aIl 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" >"
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
Republic 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
OF OF the organic act and also section
10, neither OF which can be amended
except BY Congress-
The provisions referred to are unnc-
cesSary for the. due administration of
county government, as section 4S2 pro-
vldcs 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 CO. relating TO the transfer of
Territorial waterworks to the counties
where such watcrworkS 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 56) 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 o7
and section 73, surrender such property
as is not necessary for the internal ad-
fninistration OF such subordinate gov
ernments
1t can not be reasonably argued that
the conduct OF waterworks is essential
to the administration OF county or
municipal governments 1t is a common
status in many cities on the mainland
that the water used by the inhabitants
ior domestic purposes is furnished by