The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-01-26
PROBABLE AMENDMENTS
TO THE COUNTY ACT,
Continued from page c.)

repugnant to section SO of the organic
act and therefore void: and that they
are not so intimately connected with
other parts of said county act as 20
invaldatc the latter, but that on the
contrary the rest of the said county act
is severabe and can stand without the
invalid portions" An appeal was taken
from this decision to the supreme court,
and the case is still pending in that
court.
Section SO of the organic act referred
to by the defendant and the court, pro-
vides among other things that the gov
ernor shall nominate and by and with the
advice and consent of the senate, APP
point the members of all boards of a
public character that may be created by
law, and may make such appointments
when the senate is not in session by
granting commissions which SHALL I'M
less such appointments are confirmed
expire at the end OF the next session of
the senate.
The provisions of the county act ap-
propriating certain property, under the
present control OF the government of the
Territory, raises some embarrassing
questions. The greater part OF this
property is covered by the provisions of
section 81 of the organic act, which
places its control and management in
the government of the Territory of Ha-
waii, until otherwise provided for by
Congress, or taken for the uses and
purposes of the United States. This
enactment suggests the question wheth-
err these provisions, transferring such
property from the control OF the gov
eminent of the Territory to the sub
ordinate governments created by the
legislature, require the approval of Con-
gress.
These provisions transferring public
property to the counties were evidently
intended by the legislature as grants of
ownership or title. Section AT of the
county act referring to the transfer of
jails and property used in connection
Herewith, says, all property so trans
ferred shall be the property of the coun-
ty and subject to the control of the
board of supervisors of such county,"
A similar provision appears in section
476 in relation to roads and bridges.
Section aa, division 6, authorizes coun-
" supervisors to sell at public auction
any property belonging to the county
not required for public use. Jail prop
erty is mainly real estate, large part
of the public waterwerks, of the fire
department property. of the public cleo
tric-lighting plant for Honolulu, and of
the public markets are also real estate.
Such provisions for transfer of public
landed property being inconsistent with
section 70 of the organic act which con-
tinues in force Hawaiian land laws I'm
til Congress shall change them would
seem to require for their validity the
approval Of Congress.
Section III purports to transfer the
duties and authority of the commits
sioners of boundaries to the surveyors
of the respective counties. AS the laws
providing for the boundary commission
ers are part of the Hawaiian land
laws continued in force by section 70
of the organic act, this provision must
: also be invalid unless approved by Con-
gress
Il would appear from these references
10 the organic act that the transfer of
such real estate as is necessary to the
administration of county affairs should
have been transfer of the use only
in the nature of trust.