The Hawaiian gazette., 1908-01-07

closed documents relative 10 the Coun
ty of Maui s loan, of which the fol
lowing is a summary:
GARFIELD TO FREAR.
James Rudolph Garfield, Secretary
of the Interior, under date of Dec. 20
writes to Governor Frear. referring t.
his submission of papers relative e
the proposed issue bv the County OF
Maui of $4,000 of per cent public
Improvement bonds. The Secretary had
the honor to inform the Governor that
on the 18th inst, the President APP
proved the incurrenee of said indebted
ness and the issue of said bonds. Said
action is stated TO have been taken in
accordance with the Organic Act (See.
| SOY and Acts 90 and 139 of the Legis-
lature of Hawaii, 1907.
THE APPROVAL
''The White House.
December Is. 1907.
"By virtue of the power in me vest
ed by section So of the act of Congress
approved April thirtieth, A. cd nine
teen hundred 81 Statutes at Large,
page 14D, hereby approve the incur
renee of debt and issue of bonds in
the sum of one hundred and ten thou
sand dollars by the County of Maui.
Territory of Hawaii, pursuant to au-
thority conferred on said Maui County
by acts of the Legislature of said Ter
ritOry of April 16, 1907 (No. 65), and
May l, 1907 (No. 1897.
THEODORE ROOSEVELT -
GARFIELD TO ROOSEVELT.
This fc Lott
field to the President, submitting for
his approval the issue of bonds. Bonds
redeemable in five years, to mature in
fifteen years, interest at five per cent
per annum, interest and principal pay
able in U. 5. gold ccin. Territorial and
Federal law cited as authority. Gov
ernor Frear recommends approval of
issue, in which recommendation Seere-
tary Garfield concurs. Draft for form
of approval and opinion of Attorney
General inclosed.
BONAPARTE'S OPINION.
Charles ]. Bonaparte, in an opinion
of six typewriter pages, finds that the
act authorizing the loan is valid. This
is interesting from its assurance that
Governor Carter's veto of Act IS,
which act was passed over the veto,
was based on an erroneous conclusion,
namely, that the language of the act,
bringing it into effect upon the date
of its approval by the President of the
United States, rendered "the entire
law nugatory, because it is supposed
to involve a delegation of legislative
power by the Legislature of the Terri
tory to the President " The Attorney
General says it is true the grammatical
construction of the section might leave
the meaning doubtful, but consid-
Grafton of the entire law showed that
what the Legislature intended the
President to approve was merely the
issue of bonds.
GARFIELD TO BONAPARTE.
This is a memorandum from the Sec
rotary of the Interior to the Attorney
General, submitting the legal points on
which an opinion was requested.
FREAR TO GARFIELD.
Governor Frear on Dec. . writes to /
Secretary Garfield, inclosing a letter
from W. Henning, chairman of the !
Board of Supervisors of the County |
Of Maui, requesting the Governor to
present to the Secretary a letter from
Henning to Garfield, requesting the lat
ter to use his good Offices in obtaining
the Presidents approval of the pro-
posed $4,000 bond issue. Other in
closures including the acts and Gov
'rnor Carter s veto, etc, are mention
I'd. Then Governor Frear proceeds to
coincide with Governor Carter in his
ground of veto that, as already seen,
Attorney General Bonaparte later
'ound to be not well taken. The Gov
,rnor says:
After some investigation / am pre-
jared to approve the proposed issue in
Joint of policy. / understand also that
Governor Carter was of the same opin-
on. 1t is true he vetoed one of the
acts, but that was upon
point entirely distinct from the ques- ,
ion of the ndvisability of the issue,
nd to this point | row wish particu-
arly to call your attention.
"The last section of that act reads
IS follows: Sec. 4. This Act shall .
axe effect upon the date of its ap- ,
roval by the President of the United
states
Governor Carter vetoed the act on
he ground that it was not proper to
equire the President s approval of the
yet although the Organic Act
makes his approval of the loan neces-
airy. | quite agree with this view
nd / think the Legislature would have
emedied the defect had there been ]
ime, but it was too near the end of
he session. As it was, both houses
assed the act over the veto almost
One question therefore
) whether, now that the act has been t
assed, the President would be willing ]
0 approve it as well as the loan. e
There is, however, another ques-
ion, which, so far as l am aware. I
Tas not drawn to Governor Carter's t
ttention, and that is whether the sec t
ion in question does not invalidate the X
ct as matter of law on the ground
hat it operates as delegation of leg G
islative power. The Maui county su- 7
ervisors contend that the section was 7
attended to mean and should be read Z
meaning that the loan, not the act, J
hould be subject to the President Is r
pproval II
. If these questions are viewed favor {
bly, for the issue, l advise in favor t
it as desirable in view of the local 7
onditions and inclose suggested form
approval by the President
1t proves that the law construction ,
the county fathers of Mani nrevail