The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-12
WHO owns
THE ROADS
The Superintendent Of
Public Works Asks
Information.

There is some likelihood of a clash
between the Territorial authorities and
the Supervisors of the several counties
relative to the control of the roads, an
< Interesting point of which condition
lies in the fact that thes control of the
streets of Honolulu is involved. It is
said, by the way, that already the
Board of Supervisors has become a bit
Impatient of the formality of consult
ing with the Superintendent Of Public
Works upon road matters. However
that may be Mr.. Holloway has asked
the Attorney generals department for
an opinion upon the exact status of
road jurisdiction as between the Ter
ritory and the Counties. The Territory,
it is said, is altogether and entirely
willing that the counties should take
over the roads SO far as keeping them
in repair is concerned. Mr.. Holloway
wants to know, however, if the coun-
ty authorities have right to close
roads, and just how far their control
extends.
Because, if the counties can close
roads, their control is absolute, to all
practical purposes. And then of course
the question of franchises arises, for
street railways and telephone lines for
instance, and for laying pipe in the
streets, If the counties own the roads,
then they would seem to have a say
as to the uses of the roads for public
utilities. And it follows that the aues-
ton of vested rights comes in.
The County Act, Chapter Four, para
graph three, contains this relating to
the powers of counties: ITO open, con-
fstruet, maintain and close up public
streets, highways, roads, alleys, trails
and bridges within its boundaries, but
no new street, highway, road or bridge
shall be constructed without the loca-
tion, grade and method of and ma
terial to be used in the construction of
the same shall first be approved by the
Superintendent of Public Works.
Here the right to open new roads and
streets is given subject to the approval
of the Superintendent of Public Works
of the location, grade, and method of
construction, but the right to close
streets and roads is conferred without
any qualification whatever.
The Organic Act, Section rs, reads:
"There shall be Superintendent of
Public Works, who shall have the
powers and duties of the Superinten-
dent of Public Works, and those of the
Minister of the Interior which relate
to streets and highways
Underthe heading of "Public High
ways Section $50 of the Revised
Laws says: "All roads, alleys, streets,
ways lanes, courts, places, trails and
bridges in the Territory of Hawaii
opened, laid out or built by the Terri
tory, or by private parties, and dedi-
Gated or abandoned to the public as a
highway, are declared to be public |
highways. All public highways once
established shall continue until aban-
Honed by due process of law
' Going still further, Sec. 593 of the Re-
lvised Laws has this decisive statement: !
"The ownership of all public highways,
and the land, real estate and property
of the same shall be in the Territory
of Hawaii in fee simple.''
The Territory would probably have
a perfect right to deed the roads in
turn to the counties, and that was per
haps the intention of the trainers of
the County Act, but the fact is not
stated specifically.
AS to the opening of new roads, the
Revised Laws, Section 67S, states,
"The Superintendent may of his own
motion, or upon the petition of forty
or more taxpayers of any district to
the Superintendent, institute and con-
duct to the end all proceedings relative
to the opening, improving, or closing of
any highway, provided that upon such
petition of taxpayers the superintend-
ent shall institute proceedings as pro-
vided in section ESQ.,
Section ESQ gives the legal forms to
be FOLLOWED in the ol ler;ns or closing
of a road which legal forms, presum-
ably, the Board of Supervisors will like
wise have to follow in the event that
the complete road jurisdiction should |
be found to vest in those bodies. This
rs question, of course, that interests
all the counties, although the streets of ,
iHonolulu are naturally the most I'M I
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