The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-03-27
Tenement Act Vetoed.

the Governor being received as soor
as the minutes had been read. Pri
vate Secretary Mcbride was the mute
with the bow string.
The reading of the message was re
ceived in dead silence, the introducel
not having at that time arrived IN the
House. This fact was duly commented
upon by the Speaker, when a motion
to postpone consideration of the mes
sage was made.
"Either the hours of the session
must be changed to conform with those
of the honorable members from Oahu
or the honorable members will have tC
change their hours to conform with
those of this House, he said. "This
is too bad. We have now come to the
thirty second day of the session. When
we reach the fiftieth we can not then
override a veto on any question IN
which the people we represent may be
interested. This matter will go over
until this afternoon.
Veto Message in Full.
The message Of the Governor, Civ
ing his reasons for vetoing the tene-
ment house bill, was:
81 herewith return, without my ap-
prevail, House Bill No. II, entitled 'An
act to amend Section % of an act en-
titled "'An act incorporating the City
and County of Honolulu. being Act
1l8 of the Session Laws of 1907.
"This act in my opinion attempts to
confer upon the Board of Supervisors
of the City and County of Honolulu
too extensive as well as most unusual
powers. This is due perhaps to a de-
sire to make sure of meeting certain
needs deemed to be important. In such
cases, however, great care should be
taken to avoid going SO far that the
resulting evils in other directions will
be greater than the evil intended to
be remedied, or so far that even the
desired object itself will be frustrated.
Assuming for present purposes that
the provisions of Section / are not so
broad as to be unconstitutional, or at
least that it would be safe to enact
them and leave their construction or
effect to the courts, and also that there
is no objection to Section 2 taken by
itself, I think that Section 3, especially
in connection with Section 2, goes al
together too far.
s'Section authorizes the Board of
Supervisors to make all ordinances nee
essary to protect health, life and prop
erty; in other words, to cover practi-
calIy all subjects embraced within the
Territorial criminal laws as well as
many, other subjects of legislation.
Section provides that any statute of
the Territory in conflict with any such
ordinance shall cease to be operative
within the city and county so long as
the ordinance remains in force.
81 know of no similar provision
elsewhere so broad as this, although
am aware that in some places some
what similar powers ave conferred
under different conditions and with ref
erence to narrower range of subjects
Apparently the purpose of Section
8 is to avoid the effect of the decision
of the Supreme Court in the case OF
the Territory v McCandless. Is Haw.
GIG, but in order to accomplish this il
would be sufficient to provide merely
that city and county ordinances should
not be imperative by reason OF the
fact that there is Territorial law
covering the same subject. There is nj
need of giving the city and county
such extensive authority to annul o.
repeal so far as it is concerned th'
laws of the Territory
Speaker Is Tormented.
The Speaker passed over a commu
nication to the Education Committe,
without having the same read, an
nouncing that this was little daily
reminder concerning school ages ant
teachers salaries.
81 do not know how much longe
the House is to be tormented by these
communications arriving daily. One o.
these matters has already been settled
but that makes little difference, APP
parently, to the ones sending in these
letters.
Pupule Bill Is Rushed.
The crazy bill of the Public Health
and Police Committee was given
hurry-up second reading, possibly SO a
not to allow too much attention to b,
called to the pernicious "appeal by
jury section, which is intended frou
the look of it to help attorneys more
than the alleged insane persons. Tn,
> bill has not been printed, being rea,
through on second reading as substi
tute for printing. There were no vote
against it and no debate.
Eight Maui public school teacher
petitioned the House not to be niggard
ly in voting school appropriations. TIL,
petition was presented by Waiwaiole
Honolulu Deputy Sheriff Bill.
Kamanoulu presented new bill, thi
being one similar to that passed tn,
day before for the counties of Maui
Hawaii and Kauai, relating to the ap
pointment of deputy sheriffs, Kama
noulu s bill extending the same sys
| tenn TO the City and County of Ho
| nolulu.
Anti SEEMING Bill.
| Makekau introduced a bill to pro
hibit SEEMING for any fish. with the ex
ception of forty named species, wit
nets of mesh of less size than tire
inches stretched or one and a hal
inches square.
| Third Readings.
House Bill 50. Long, allowing tn
| Department of Education to use tn
| money taken in from the sale of prod
| uets at Lahainaiuna Seminary and Wal
| alec Industrial School Wi rbpu+ fnrt h a