The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-06
COUNTY ACT HIT HARD
CONTINUED from page ID

| ferred to the United States by the
| Republic of Hawaii under the Joint
| Resolution of Annexation. Conse-
| quently the possession, use and con-
| troll of the tug Eleu is in the Govern
| ment of the Territory of Hawaii, and
must be maintained, managed and
| cared for by it at its own expense, I'M
til otherwise provided by Congress. or
taken for the uses and purposes of the
United States by direction of the
President, or of the Governor of the
Territory.
To what extent the possession, use
and control of the Territory of Hawaii
over the tug Eleu can be exercised
is a matter of deep consideration. The
Supreme Court of the Territory of
Hawaii has now before it, in the mat
ter of the Territory of Hawaii. upon
the relation of the Attorney General,
Lorrin Andrews. against the Super
visors of the County of Oahu, the ques-'
ton as to whether or not property
held by the Territory of Hawaii. under
Section 81 of Chapter of the Organic
Act. can be transferred to the county
government. Several other questions
of law are involved, but the case, to
my mind, will be decided principally
on this one question of law. And
while not desiring to anticipate the
decision of the Supreme Court, it seems
to me that should no other question in
relation to the transfer of the Eleu
prevent, that the Superintendent of
Public Works would be warranted in
refusing to transfer the same, on the
ground that it is the property of the
United States, and its possession, use
and control is reposed in the Govern
ment of the Territory of Hawaii. and
it alone and not a subdivision Oh lesser
government thereof.
But other causes do intervene, ire
spective of the aforementioned reason,
upon which I would advise you to re-
fuse to transfer the Eleu to the County
of Oahu. Sec. 4S2 of the County Act
provides: 'All property now in the
possession of any officer of the Terri
tory of Hawaii, which has been used
in connection with any public works
or institutions, which by the terms of
this Act are placed under the Jurisdic-
ton Of the several counties, shall, by
the officers of the Territory having
possession of the same, on the 4th day
of January, A. D. 1904, be delivered to
the officer or board of the county by
this Act having Jurisdiction of such
public works or institution
The tug Eleu is not being used in
connection with any public works or |
True enough, it has been |
used for certain purposes of the gar
bage department, but that use is no |
more general to the garbage depart |
ment than it is to any other depart |
ment of the government which might |
require the services of the tugboat. |
Further. the Eleu might be sent down |
to Hilo in connection with certain |
government work at that place, and it |
would be equally Illogical to say that |
for that reason the tugboat should be |
to the County of East Ha- |
wall.
Further, under Paragraph 4 of Sec. |
3S1 Of the County Act, the Territorial |
Board Of Public Institutions is given |
control of all harbors and wharves |
within the Territory, and all matters I
Of pilotage or towage, under the laws |
of the Territory. Query, would it |
necessarily follow that the power of |
said general supervision and control |
over the matters of pilotage or towage I
carry with it the possession and con- |
troll of the carrying power of such |
towage? If so, then the tug Eleu |
would go to Board of Public Insti- |
buttons, which the Supreme Court has |
decided does not have any existence |
n law.
On the last two reasons stated, and /
not upon the first, 1 would suggest |
hat the tugboat Eleu be not included |
IN the inventory of the properties to /
De transferred to the County of Oahu |
lnder Sec. 4S2 of the County Act
In reference to the first assigned rea-
son for refusal to transfer. should the
supreme Court fail to decide that Dues
ion, L would respectfully suggest that
,ou request an opinion of the Attorney |
General of the United States. It is
natter which should not be decided by /
'ur department. but by the depart
nent of the National Government. We
AXE it that it is Federal property, but |
Is to any question of transfer or sale
he matter would properly be left to
he decision of the United States At
orney General.
/ have the honor TO be, sir,
Respectfully yours.
E. c. PETERS.