The Hawaiian gazette., 1910-07-08
CITY TO BUILD
NO SIDEWALKS
Campbell Can Not Hold Lien
Against Schools, Because
Territory Holds Title.
fFrom wednesday,s AdvertIser.l

Let the sidewalks around school
premises become quagmires, dangerous
to pedestrians and unfit to walk over,
is the attitude taken by the board of
supervisors with respect to the request
of Superintendent Of Public Works
Campbell that the city authorities lay
cement walks about those grounds, par
ticularly the Central Grammar and
Royal School premises.
If residents are required to lay
cement sidewalks under penalty Of the
law, that is their misfortune, and the
board will concur with the superin-
tendent that that is proper, but that
the city should take proper interest
in seeing that public property is like
wise treated, is another story. The
board of supervisors last night decided
that the school grounds are the prop
erty of the Territory and therefore,
IL sidewalks are to be laid in front Of
and around them, the expense should
be borne by the Territory.
First Deputy City Attorney Milver-
ton rendered an opinion to the board
advising the members that they were
not bound to lay sidewalks and could
not be forced TO DO so by the superin-
tendent, and Supervisor Quinn added
another report which he said sustained
the legal adviser of the board, because
he had arrived at the same conclusion.
Mr.. Quinn s report is a little more
picturesque in language than the legal
representative of the city. He says
that the superintendent wanted a side
walk in front of the Pohukaina School.
Mr.. Quinn says the county has spent
Fan awful amount Of money" on that
school and fixed up the grounds and
now the Territory steps in and says
it wants those premises for a purpose
other than for the education of the
city's best crop.
Quinn makes a tenstrike, of course,
when he says that this looks as if the
Territory considered it yet owned the
grounds and recommends that if the
Territory viii deed over to the city
those grounds and the Royal and Gem
trail Grammar School grounds as well,
the city will be very glad to lay the
! sidewalks.
A Legal Opinion.
Mr.. Milverton states that the ques-
tion arises whether under the provisions
of Section 731 to 736 inclusive of the
Revised Laws the city and county is
under a legal liability to lay the side
walks and whether upon its failure to
do so, the superintendent has the power
to institute the proceedings referred to
in his demand upon the city.
Mr.. Milverton quotes from the ses-
: sion laws showing the powers of the
counties to establish and maintain
water works and sewer works, take
e over from the Territory existing sys
= tens, and to build, rebuild, equip, main
k ain-and regulate hospitals, school
/ houses, etc., and provide for the main
o tenance of all existing schoolhouses ex
Q cept the Normal School. Mr.. Milvertor
n says it will be noted that although the
! power is given to maintain, build and
k rebuild no duty is placed upon the boarc
/ to do so, and he therefore finds an op
t portunity for the board to sidestep. The
s only duty is to maintain and repair The
o school buildings, He goes on to quote
other sections about grades and the
superintendent of public works "may
require the owners of land to eonstruc
=" sidewalks'' etc. He adds further tina
u under the circumstances as the Terri
y tory is the owner of the property AM
!; as the superintendent has deInande,
II that work be commenced within sixt,
'e days the curious condition of affair
u will arise for the superintendent to con
!. struct them himself and thereby ere
IL ate scene for the expense of the worl
y against property belonging to the Ter
'r ritory.
le And the board smiled a broad smile
II for they saw loophole to get out o
& putting sidewalks down for taxpayer
W TO tread on more comfortably than tn
r. old rutty, quagmire dirt walks.
y Would Vote In Dark.
d Mr.. Quinn said he wouldn't t vote il
lie the dark on the light subject presente,
A. by Mr.. Aylett, the latter being chair
,e man of the committee which pigeon
Ie holes petitions of residents for stree
c lights. His committee, however, pre-
k sented a report stating that map wa
s. being fled ON which had been worke
N out scheme to provide 400 light
70 throughout the city and suburbs, whie
10 the committee thought would meet a.
1t petitions filed. Mr.. Quinn wanted t
/ know where each light was to te put
-e request which stumped the refuser o
street paving contract bribes. Mr.. Fra
zee, the electrician, stated that the ma
b. had been prepared by himself and wa
n labor of many weeks, but represente
h a system whereby power was saved a
~ well as poles, wire and other expensiv
y materials, which he believed woul
In cover all lights mentioned in petitions
n However, a detailed schedule of light
ls will be filed and Mr.. Frazee viii G
~ ahead with the work which will not b
n. finished until the end of the year.
Gambling Held Down.
,e Sheriff Jarrett 8 report for the mont
4 of June was presented and filed.
M showed l3l arrests for gambling an
~ 100 convictions, in the whole count.
~ There were forty-two arrests for drunl
enness The total of fines assesse
amounted TO $l724.
R. For Wider NuuRnu Avenue.
ia The mayor presented a letter fro
81 the Bishop Estate with reference
property they were willing 10 give
"s the county for widening Nuuanu ayenr
as from the Mausoleum 20 the Country Clu