Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1908-09-03

lures thereof"
Our Organic Act See 55 also provides that he legislature
snail not grant corporation association individual any
special or exclusive privilege, immunity franchise without
the approval of Congress shall grant private charters
b may by general act permit persons associate them.
selves together as bodies corporate Section 1882 IT, S. Rev.
Stats enacts that Legislative assemblies the several terri.
tories shall not grant private charters special privileges but
they may by general incorporation permit persons to asso
cate themselves together bodies corporate Congress has
declared that these words in Sec 1889 shall NOT m construed
prohibiting the legislative assemblies of the several territories
OF the United States from creating towns cities or other unic
pal corporations and providing for the government of the same
and comforting upon diem the cooperate powers and nrvi
to their local administration either general or sp
ca acts Act June 1873 ch 1Gs 20 Stat at Large 1o1
The provision above cited from Sec So Organic Act rf
TO corporations other than county, and city Municipalities
which the act Sec SO, expressly authorized the legislature TO
create The authority for creating such municipalities Is NOT
limited by requiring that they shall be created bv speo
law, which method Gin general this country drno
the last century, and indeed is quite commonly employed at
present In states where the constitution fords the lep
latre to grant special charter of interpretations has been
ruled that such constitutional inhibition does relate to pub
lie corporations" Ingcrsoll Pub Corp 1877 ro hold that
the legislature could not enlarge the corporate limits by an act
passed for that purpose would be to deny that could
abolish for the greater includes the lesser law as in matc
matics.' Williams a. Nashville. 50 Tenn 4ol. We do not
think that the act of 1856 in prohibiting territories then and
thereafter to be organized from Incorporating cities special
law limits the general power subsequently given by the Organic
Act of Hawaii to city municipalities There are several
reasons for this view To hold otherwise would be limiting the
general powers given by the Organic Act many the laws
OF Hawaii continued in force by the Organic Act as for in
stance those which relate public highways The word "crc-
ate in Sec SO appropriately used in respect involuntary
municipal corporations established by special law while some
such term authorizing would be often to describe
the establishment of municipal corporations voluntarily accepted
by popular vote In view of the practice the subject above
mentioned cannot be said that there implied limitation
upon general power city municipalities Again
special law upon the subject appropriate older cou
mInics such as that of Hawaii, while general law appears
to be regarded adapted newly settled territories and
states Conditions in Hawaii make olwios
that the territorial legislature should under its general power
10 create CITIES do so by special fitted for cond
tons in each particular and think that if Congress had
intended such limitation it would have been expressed the
itself
There are many provisions in the chapter of the T. s. Rev.
Stats entitled provisions all the territories Secs
lS9lSo', which have been superseded modified v suisse
qncn acts of Congress relating territories not mentioned in
mat chapter Upon the whole we have no doubt that the last
and effective expression of congressional will upon this subject
contained in the and unlimited power granted by the
Organic Act.
admitted that the Act incorporating the CITY and Comfy
of Honolulu requires other and different qualifications for elect
than prescribed in the Organic Act Section 60 of the
Organic Act provides that in order be qualified vote for
representatives person shall prior each regular election
during the time prescribed by law for registration have caused
ms name to be entered the register of for representa-
tves for his district and Section provides that in order to
De qaned to vote for senator's and for voting all other
ccns in the Territory of Hawaii person must possess all
the qualifications and be subject to all the conditions required
81 voters for representatives. BY Section Ga the Organic
Act the rules ana regulations for administering and hold
ing elections set forth in Balous compilation, civil laws appn.
dix and the list of registering districts and precincts appended
are continued in force with certain designated changes Sec
on u.s. H. l provides that the boards registration shall meet
within their respective districts such times between the last
day of August and the 10th day of October the wear 1906
and between such days each year thereafter AS many
Tunes may be necessary to enable them register persons
eh"ea TO register and Section 80 r. L., providc that at any
intermediate special election the register voters at the Last
preceding general election shall be used without change
Sections ~ and 20 of the Act incorporating the CITY and
o"h OF Honolulu are in conflict with the provisions of the
organic Act relative to the qualifications electors and ALSO
lutcy void But the entire thereby made noperativc
Or invalid the provisions of the Organic Act ON the subject of
q"ancaiohs Tor electors being effective if especially
expressed III the Munc pal Act particularly view of the fact
tmt IN Sec 40 they are declared to be applicable.
mere Is no merit in the petitioners claim that the act is
'o'd because 1t lpmrs contract obligations of private corpora
ions OF because authorizes taxation of rural lands incapable
OF receiving the usual benefits of municipal organizations or
because the boundaries of the municipal organizations mae
curate, indefinite uncertain.