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

of the territories of the United States by the territorial legsla
thereof"
Our Organic Act Sec 55 also provides that hc legislature
shall corporations association individual
special exclusive privilege, immunity franchise without
the approval Congress shall grant private charters,
but may by general permit persons associate them
selves together bodies corporate Section 1882 t. s. Rev.
Stats enacts that Legislative assemblies of the several terri.
tories shall not grant private charters special privileges but
cac themselves together bodies corporate Congress has
declared that words Sec shall be construed
prohibiting the legislative assemblies of the several territories
of the United States from creating towns cities other munich
pal corporations and providing for the government of the
and comforting upon them the coporae and privileges
necessary their local administration by either general spc
cia acts Act June s, 1873 CHI 1885, 20 Stat at Large o
The provision above cited from Sec Organic Act refers
to corporations other than county, and city municipalities
which the See So, expressly authorized the legislature
create The authority for creating such municipalities is not
limited by requiring that they shall be created by special
law, which method n general in this country during
the last century and indeed is quite commonly employed
present In states even where the constitution forbds the lgs
latue grant special charter of Incorporation has been
ruled that such constitutional inhibition does relate pub
lie corporations gersoll Pub Corp 49, $40 hold that
the Legislature could enlarge the corporate limits by an
passed for that purpose would he deny that could
abolish for the greater includes the lesser in law mahc
macs' Williams Nashville, 50 Tenn 49l. We do
think that the act of 1856 in prohibiting territories then and
thereafter to be organized from Incorporating cities by special
law limits the general power subsequently given by the Organic
Act of Hawaii city municipalities. There are several
for this vew To hold otherwise would be limiting the
general powers given by the Organic Act in
of Hawaii continued in force by the Organic Act as in
stance, those which relate public highways The word
ae in Sec So appropriately used in respect to involuntary
municipal corporations established by special law while
such term auhorzng would be often used describe
the establishment of municipal corporations voluntarily accepted
by popular In view of tine practice subject as above
mentioned it cannot be said that there implied limitation
upon general power create city municipalities. Again,
special law upon the subject appropriate to older con
nnntirs such as that of Hawaii while general law appears
to be regarded adapted newly settled territories and
states Conditions in Hawaii such make it Obvious
that the territorial legislature should under its general power
create cities do so by special fitted for the co
tons in each particular and think that if Congress had
intended such limitation it would have been expressed in the
act itself
There many provisions in the chapter of the T. s. Rev.
Stats entitled provisions all the territories Secs
lSa9lS95 which have been superseded modified by u~c
qucn acts of Congress relating
that chapter Upon the whole have doubt that the last
and effective expression of congressional will upon this subject
contained in the and unlimited granted by the
Organic Act
1t admitted that the Act incorporating the City and County
q" Honolulu requires other and different qualifications for elect
than prescribed in the Organic Act Section of the
Organic Act provides that in order be qualified
representatives person shall prior each regular election
during the time prescribed by law for regration have
his be entered the register of for representa-
ive for his district and Section 60 provides that in order
lie qualified to vote for senator's and for voting all other
Elections in the Territory of Hawaii person possess all
The qualifications and be subject all the conditions required
Of voters for representatives BY Section Ga of the Organic
Act the rules ana regulations for administering oatl and hold
ing elections forth in aos compilation civil laws appn
dix and the list of registering districts and precincts appended
continued force with certain designated changes
ton u.s. H. Les provides that the boards of registration shall
within their respective districts such between the last
day of August and the 10th day of October in the year
and between such days in each second thereafter
times as may be necessary enable them register all persons
entitled to register and Section 80 T. L provides that
intermediate special election the register of the lat
preceding general election shall be used without change.
Sections ~ and 10 of the Act incorporating the City and
County OF Honolulu conflict with the provisions of the
Organic Act relative the qualifications of electors and ALSO
lucy void But the entire act thereby made imperative
invalid the provisions of the Organic Act the subject of
qualifications for electors being effective if especially
expressed in the Municipal Act particularly view the fact
that in Sec. 40 they are declared to be applicable.
There is merit i'll the petitioners claim that the act is
void because mpars contract ogao of private corpora
tons because authorizes taxation of rural lands incapable
of receiving the usual benefits of municipal organizations
because the boundaries of the municipal organizations are mae
e.