The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-08-15
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THE ROADS
tFrom Saturdays AdvertIser)


There is some likelihood of 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 the control of the
streets of Honolulu is involved. 1t is
said, by the way, that already the
Board of Supervisors has become 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 a 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 say
as to the uses of tne.roads for public
utilities. And it follows that the qucs-
ton of vested rights comes in.
The County Act, Chapter -Four, para
graph three, contains this relating to
the powers of counties: "To open, con-
struct, 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-
ton, 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"
| Under the heading of "Public High
ways" Section $50 of the Revised
Laws says: can roads, alleys, streets
ways, lanes, courts, places, trails anC
bridges in the Territory of Hawai-
opened, laid out or built by the Terri
tory, or by private parties, and dedi
Gated or abandoned to the public as ;
highway, are declared to be publi
highways. All public highways ono
established shall continue until aban
doned by due process of law
Going still further, Sec 593 of the Re
vised Laws has this decisive statement
"The ownership of all public highways
and the land, real estate and propert,
of the same shall be in the Territor,
of Hawaii in fee simple
The Territory would probably hay,
perfect right to>deed the roads il
turn to the counties, and that was per
haps the intention of the trainers o
the County Act, but the fact is no
stated specifically.
AS to the opening of new roads, thu
Revised Laws, Section CTS, states
"The Superintendent may of his owl
motion, or upon the petition of fort,
or more taxpayers of any district t.
the Superintendent, institute and con
duet to the end all proceedings relativ,
to the opening, improving, or closing o
any highway, PROVIDED that upon sucl
petition of taxpayers the superintend