Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-01-20


THIS amends In three respects tho
provision in regard to the Issuance
OF bonds by the Territory or any po-
iifical subdivision thereof.
% The territorial supreme court
has held by way of inference from
this section, as IL now reads. that
tounties can not be authorized by the
legislature to issue bonds without
having the mower of taxation. The
object OF the amendment Is TO permit
the issuance of bonds without neces-
sarily giving the counties this power
County government has been only re-
Gently introduced. The taxes are as
sessed and collected as previously by
the territorial government, and GER
tain portions OF them are turned over
TO the county governments, thus hav.
ing only one set of tax machinery. II
Is thought by many that local govern
ment should be developed gradually
and only as rapidly as conditions war;
rant, and that the time has not yet
come for turning over the power of
taxation to the counties. Conse-
duently, unless this amendment Is
made, either the counties can not Is
sue bonds for much-needed public i'm
provements, or, owing TO the suppos.
ed necessity of issuing bonds for such
purposes, the legislature may feel
Obliged to give the counties the powe.
hu ,,,h. I, A,t
would otherwise seem wise.
t2 The amendment requires pub
lie bonds to be made payable In not
more than thirty years instead OF re-
curing them, as at present, to be re-
deemable in not more than Ave years
and payable in not more than fifteen
years. The object is to give greater
latitude; for instance, as suggested
by COUNSEL for the Territory in New
York, t,may be found desirable to
make the bonds payable In yearly In.
stallments, not only in order to insure
their early and gradual payment but
also and partly on this account, to oh.
tain a better price for the bonds.
ODD Incidentally, the amendment
also does away with the uncertainty
which has been mooted, that the pres.
ent provision for refunding applies
only to bonds outstanding at the dat,
OF the organic act. The Territory de.
sires soon 10 refund $l,000,00 oil
4l-2 per cent bonds at lower ratc
OF interest. These bonds were issued
after the passage of the organic act
and counsel have suggested doubt
as to whether that can be done. ow-
Ing to the use of the word existing
qualifying the word Indebtedness
In the refunding clause. The amend.
men. omits the word existing"
Section 5, Amending Section rs
This Is the most important section
In the proposed act. The operation
of the land laws has given rise 10
much dissatisfaction for some years
past. Much Of this has been due tC
uncomfortable natural conditions
and yet considerable has been due Il
conditions which may be remedlcd Of.
Their through legislation or through
administration. An attempt is being
made to effect remedies as far as pos.
siblc through administration. but Il
has been found that legislation also
Is necessary in order to accomplish
the desired result. After giving tn,
matter much personal study and com
ing to conclusions which have met
with general support In the Territory
appointed an advisory land Law
commission of seven members to &c
into. the entire subject from, disin,
terested standpoint This commits
sion gave public hearings on all tn,
larger islands and addressed inquir.
les to hundreds of people who might
wish to express their views upon the
subject. The proposed amendment II
enacted to carry out for the most
part the recommendations of the
commission. Other recommendation
can be carried out by the territorial
o. legislature. The proposed amend
ment contains also other provisions
which the commission did not con
slider. as they are mainly matters o.
administration not affecting the gen
eral land policy.
The land laws OF Hawaii were TAX
en- largely from New Zealand. TIL,
joint resolution OF annexation pro
yided that the general land laws o
the United States should not apply t.
Hawaii, and they certainly are inap
plicable to conditions there, and tn,
organic act continued in force tn
Hawaiian land laws. These wer'
well adapted to former conditions
and are even now fairly suitable fo
the purposes of bona fide settlers, blu
with changing conditions they haV,
been found equally suitable for thu
purposes of mere spectators or In
vestOrs. The object is to settle tn,
public lands in small holdings wifi
people who are or will become Amer
ican citizens.
The present laws provide for hom'