The Hawaiian gazette., 1906-07-06

arms Hanalei, w. L. Frazee.
APPROPRIATIONS.
The following appropriations were
made:
County office rent, Sl20.
Pail arch, 1890.
Pail road $4l6.s9.
County engineers department, $3.50.
Waialua road district, $435.15.
Waialua road district, Ssi1.sO.
Waianae road district, $655O.
Waianae road district, 1916.
Koolaupoko road district $500
Eva and Waianae road district
S177s.7s.
Eva and Waianae road district
s6s6.34
County Clerk s42.i0.
County Attorney, s4725.
impeachment trial, $50.
Koolauloa road district, No. /, 1921. 05
Road department, sl26O.76.
Garbage department, s671.30
Pail arch, $125.S.
County Engineer, Sl10.35.
Koolauloa road district, No. /, s11550.
Police department, $3.50.
Koolaupoko road district, s613.2i.
Kapiolani Park, $3.50.
Kapiolani Park, s364.25.
~ .nana,,,.e.'s go. TO-. Tuna ,,,os
read and placed on file.
THE COUNTY'S POWER.
The following communication from
uono1,1u Iu,,, 2rd zoos
n KolouokoIoni Jr Eso Co,,ntv
Clark County of Oabu Ex oficio
ClorL poard NJ Sunervisors
Daor Gil. Ihoya tho honor "a inform
Won mot tho snnreme Court of tbe Ter
ritorv ~ Hawaii has this day held. in
tho case of tho Pacific oil Transporta-
zion comnany OF al VS. lanes Rivk-
nell no Auditor Of the County Of Oahu.
mat tho BOARD of sunervisors of the
Countv of oahu has the mower of maxi
ing annronriations for the benefit of
Kapiolani Park.
Very respectfully yours.
F. A. DOIITHITT
County ATTORNEY, County of Oahu,
THE CLOSING OF ROADS.
The following opinion from County
Attorney Douthitt was submitted and
placed on file:
Honolulu July g 1906.
D.. Kalauokalani, Jr., ESQ., County
Clerk. County of oahu, Elk Officio
Clerk, Board of Supervisors.
Dear Sir: In response to your com
munication of the 27th ult., requesting
my opinion as to the power of the Su-
perintendent of Public Works to close
up roads or portions of roads, and as
TO the passage by the Board of Super
visors of an ordinance regulating the
use of roads. | beg to say as follows
Prior to the passage of the County
Act, the power of closing public high
ways was vested i'm a Jury of six per-
sons selected i'm pursuance OF the pro-
visions of section $50 OF the Revised
Laws. on a petition to the Superintend-
ent of Public Works. filed in that
behalf by 40 or more taxpayers within
the district wherein the road was de-
sired TO be closed. in accordance with
the provisions of the above-uuoted
section. The Superintendent of Public
Works likewise had thsApower Of insti-
tuting proceedings To close public high
WAYS of his own motion. but the closing
of such streets was. according to the
Session Laws of 1892 contained in
Chapter 50 of the Revised Laws. regu-
lated by the action of n Jury composed
of six persons and the other provisions
applicable TO the closing OF public high
ways as contained in said chapter.
This law has not as vet been repealed,
and is now in fun force and effect.
except as modified by the County Act.
Under and by virtue of Chapter 4,
Section Q. subdivision 3 of the County
Act, the power Of closing public streets.
highways. roads. alleys. trails and
bridges is conferred upon the various
counties throughout the Territory The
Supreme Court of the Territory Of Ha-
wall, i'm the case of Castle VS.. The
Secretary Of the Territory. reported IN
volume l6 Of the Hawaiian Reports,
has decided that the control Of roads
and bridges transferred to counties Is
modification OF the powers and du-