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

| they would be favored by the majority;
| others have been inserted that might
| be done without but were included IN
the belief that the majority wanted
| something of the kind. The amend
| ment bill can not pass this session.
| Congress expires tomorrow-and there
| is not much likelihood of it being taken
| up for final consideration even at the
| next Congress. There viii be plenty OF
| time for everyone to be heard and op-
! portunity to make any amendments to
! the bill as it now exists. The trainers
| have felt that certain changes are nee
essary, and some have been made IN
the bill while pending before sub
| committee of Congress-.
Question of Precedence.
! Governor Frear took up the first see
ton of the amendment bill, explaining
| the necessity of having it stipulated
| that the sections of the Revised Stat
utes of the United States applying to
| Territories be specified as not having
any bearing upon the government Of
Hawaii. He stated that there were
many provisions that applied to all
! Territories, but said there was ques-
ton as to whether they applied to Ter
ritories in particular. The Governor
stated that the Organic Act covered the
| same subjects in some cases, and the
| vital question involved is whether the
| Organic Act is exclusive and supreme.
sEThe object of the first section, F"
said Governor Frear, "is to settle this
! question and remove the uncertainty
| The Governor gave it as his opinion
| l. ii II In
not apply to Hawaii; but added that a
court might not be of the same opinion,
| and it opened a way for future en-
| barrassments unless the matter was
! settled
The Governor characterized as dam
gerous this apparent conflict of au-
| thority in the fundamental laws of the
| Territory.
Section 1852 of the Revised Statutes
| of the United States regulates the in
| debtedness that can be contracted by
| Territorial Legislature. 1t provides
that the total Indebtedness of Ter
ritory can not be made to exceed one
per centum upon the assessed value OF
| the taxable property in the Territory.
| Governor Frear declared that if this
| law was operative in Hawaii it would
| invalidate a great portion of the in
dehtedness already contracted.
Section 5s4S was pointed out by the
Governor as being a portion of the Ter
ritorial statutes that would deprive Ha-
wall of large proportion of its reve-
nue. tax 1t provides that property
can only be taxed in accordance with
its valuation, and the Governor stated
that it makes unlawful taxes on blcy-
cles, autos and other articles of the
kind. Section 1884 of the Revised
Statutes limits the expenses of print
ing hv both houses of the Legislature
to $4,000.
Urges Repeal.
Governor Frear said that he cited
the several provisions at length TO
show the necessity to clearly mark
the respective jurisdiction of the pro-
visions of the Organic Act and the
Territorial statutes.
esWe have shown,' said the Gov
ernor, 'sthat these U. S. Territorial
statutes tend to limit the powers Of
the Legislature, and their repeal would
be distinct advantage to the admin
istration of government. =
In explaining Section 2 that amends
Section 26 of the Organic Act, Gov
ernor Frear stated that it was self
explanatory. He said he believed that
the members of the Legislature should
receive 5000 instead of $500 for the
| sixty-day session. He stated that as
| Congress has cut off the compensation
| for an extra session, that an increase
| of the pay for the regular session
| would tend to equalize matters it an
| extra session was necessary.
| By Section 4 of the amendment bill,
| Governor Frear stated, Section 90 OF
! the Organic Act would be amended IN
| three particulars, in each of which the
powers of the Legislature would he
| enlarged. He stated that the amend
ment would allow the county of Maui
| to issue bonds which the courts had
held to be Illegal He declared that
the most important feature of the
| amendment is designed to allow the
Territorial government to take advan-
tage of the market conditions while
issuing its bonds, matter which the
Governor declared to be of the utmost
importance. He told the Senate that
there was pressing need Of greater lat
| itude in the matter of the time OF
payment. He stated that it would
thus give the Territory an opportunity
to secure better prices for it's seeuri
ties.
4 Endorsed by Smith.
| President of the Senate Smith
gave his emphatic Endorsement to 'h'
amendment He stated that while act
: ing for the government in the sale o:
what was known as the 'Choler'
bonds'' he found that the interest hat
to be large to attract investors, be
cause the bonds were of the short tern
variety. He said that he understood
the ffteen-year proviso was put IN tn
3 Organic Act so as to discourage tn
/ ineurring of large indebtedness be
cause the time of payment was lon
way off.
/. In taking up the question of Ian
. law amendments Governor Frear state
{ that considerable dissatisfaction ha
:. been expressed and it was difficult t
+ say what change would agree with tn
g IDEAS of the majority of the people IL
s terested
+ He said that he had given grea
!, deal of thought to the question sine