The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-09-04

the general powers given Dy the VI
ganic Act or in many of the laws of
Hawaii continued in force by the Or
ganic Act, as, for instance, those which
relate to public highways. The word
go ereate' in Sec. 56 is appropriately
used in respect to involuntary munich
pal corporations established by special
law, while some such term as author
izing'' would be more often used to de-
scribe the establishment of municipal
corporations voluntarily accepted by
popular vote. In view of the practice
on the subject as above mentioned it
can not be said that there is an i'm
piled limitation upon a general power
to create city municipalities. Again, a
special law upon the subject is more
appropriate to older communities, such
as that of Hawaii, while a general law
appears to be regarded as more adapt
ed to newly settled Territories and
States. Conditions in Hawaii are not
such as to make it obvious that the
Territorial Legislature should not under
its general power to create cities do so
by special enactment fitted for the con-
ditiOns in each particular case, and we
think that if Congress had intended
such limitation it would have been ex-
pressed in the act itself.
There are many provisions in the
chapter of the U. S. Rev. Stats. entitled
provisions common to all the Terri
tories,D Secs. l839-1895, which have
been superseded or modified by subse-
quent acts of Congress relating to Ter
ritories not mentioned in that chapter
Upon the whole, we have no doubt that
the last and effective expression of con-
gressional will upon this subject is con
tanned in the express and unlimited
power granted by the Organic Act.
1t is admitted that the Act incorpo-
rating the City and County of Honolulu
requires other and different qualifca- |
tions for electors than are prescribed |
in the Organic Act. Section so of the |
Organic Act provides that in order to |
be qualified to vote for representatives |
a person shall prior to each regular |
election, during the time prescribed by |
law for registration, have caused his |
name to be entered on the register of |
voters for representatives for his dis
.rict, and Sec. 90 provides that in order
20 be qualified to vote for senator's, and |
Tor voting in all other elections in the
Territory of Hawaii, a person must pos
20 all conditions required of voters for
representatives. BY Sec. 81 of the Or
ganic Act, the rules and regulations for
Oaths and holding cleo
ions set forth in Ballou s compilation,
.ivil laws, appendix, and the list of
egistering districts and precincts ap-
pended, are continued In force with
certain designated changes. Section
-, r. L., provides that the boards of
egistration shall meet within their re-
pective districts at such times between
he last day of August and the 10th day
f October in the year 1906, and be-
ween such days in each second year
hereafter, as many times as may be
eeessary to enable them to register
II persons entitled to register, and Sec.
0, r. L., provides that at any inter
lediate special election the register of
uters at the last preceding general
lection shall be used without change.
Sections ~ and 70 of the Act incor-
Grating the City and County of Homo
llu are in conflict with the provisions
f the Organic Act relative to the quail
ieations of electors and absolutely
old. But the entire act is not thereby !
lade imperative or invalid, the pro-
isions of the Organic Act on the sub
ect of qualifications for electors being
S effective as if especially expressed
/ the Municipal Act, particularly IN
lew of the fact that in Sec. 40 they
re declared to be applicable.
There is no merit in the petitioner
aim that the act is void because it
npairs contract obligations of private
or because it authorizes
lxation of rural lands incapable of re-
Giving the usual benefits of municipal
or because the bound
ries of the municipal organizations are
accurate, indefinite or uncertain.
The circuit judge is advised that upon .
he foregoing considerations the de- :
sndants' demurrer ought to be sustain .
| and the plaintiff IS petition dismissed.
w. S. Edings for petitioner.
F. w. Milverton, deputy county at Z
,rney. for the defendants.
S. B. Kingsbury, by leave of court,
yainst the petition.