The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-01-22


! practically the, same, because they will
4 pay little more for the longtime
bonds and a little less for the short
time bonds; but it manifests an inten-
ton on the part of the Territory to
pay the bonds and not simply to let
them run the whole period and then
refund. lt'gives the Legislature lit
tie more latitude as to the time during
which the bonds may run. Recommen-
dations in this direction were made by
Governor Dole and also by Governor
Carter-Governor Dole going part way
and Governor Carter little further.
This goes n little further still, in con-
sequence of suggestions by the attor-
neys.
Thirdly, this act provides that the
counties may be permitted to issue
bonds without necessarily having the
power of taxation. Now, there is some
difference of opinion as to whether
the counties should have the power to
issue bonds. They have it now under
! the Organic Act, Ibut only, according
to the decision of the Supreme Court,
provided they have the power of taxa
ton. This amendment leaves it open
to the Legislature. If it is deemed
best to permit the counties to issue
bonds without the power of taxation,
that can be done; at present it can
not be done without that power. That
being the case, it is not at all i'm
probable that the Legislature will give
the power of taxation, because there
is widespread desire that counties
should be permitted to issue bonds
under appropriate limitations. And it
! is simply a question of whether they
should have the power with the power
of taxation, or whether It should be
left discretionary with the Legislature
to saw whether the time is not yet
quite ripe to give them the power of
. taxation-whether that should be post
poned with a view to developing cOun-
tv government only as fast as it seems
, wise and not rushing it too fast.
, The Land Laws.
l Section > amends Section 20, relating
t to the land laws. This is the principal
: provision in the act. The aim is to
. carry out in the-main the recommends
t tions of the Land Commission. don It
! think that / need go into the general
r question of our land laws to any great
extent. This has been discussed over
7 and over again; it has been discussed
D by me in public, and has been gone
t into fully by the Land Commission
= after public hearings. 1t was also one
i of the prime issues of the last cam
n paign. 1t is generally believed, !
h think, by all political parties that some
t change should be made; that the pres,
y ent laws are not working out satisfac'
c torily at the present time, however
e well adapted to the condition they
L may have been when first enacted, oil
is however well adapted they may be il
d part at the present time, as they un
it doubtedly are.
Al There are two general parts to thi
d section One is intended to remedy
1t the defects of the land laws for home
D. stealing purposes; the other is inserted
70 with view to simplifying the admin
IS istraton of the land laws and removing
e certain uncertainties from the existing
l. land laws. The first sentence of this
J. section is of a rather general nature
II 1t gives the Commissioner, with the ap
J. proval of the Governor, power to sci
o lands under the socalled homestead
J. agreement upon various terms and con
It ditions. 1t is generakin its nature ant
It here lies the principal question unde
o this sentence: how far should we q
It into particulars? There must neces
S sarilv-in order to make the land lawi
l. effectual and adaptable to all the vary
y ing conditions here-there must neces
e sarily be wide discretion, and I don =
p know that many particular Limitations
e could be nut in that would leave tn,
e laws still effective for the purposes in
e tended and vet not leave PRACTICAL,
s. great discretion in the Executive. ]
It Seemed best to frame the sentence il
e rather general terms and leave it t.
% the committees of Congress to sa
whether they should be made NOR
particular. j left with the Delegate
draft of another sentence to be sub
n mitted in case it should seem best t
Is 90 into greater particulars. Whethe
u those provisions are put in or not, tn
u result would be practically this, sui
y iect to notifications within prescribe
Is limits. to suit varying circumstance
- Lands could be sold for homestead pun
. poses on somewhat the following cor