The Hawaiian gazette., 1910-03-18
PASSES
FIRE ORDINANCE
Achi Protests for Chinatown
Propertyowners and
Tenants.
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The ordinance extending the fire
limits passed second reading at hast
nights meeting of the board of super.
visors, and when the board adjourned
the adjournment was to a special meet.
ing to be held next Friday evening
for the purpose of passing the ordinance
finally. AHA voted "nor ON the sec
ond reading, but didn't say why, and
no one knows why.
The ordinance was opposed by w. G.
Achi, as counsel for various property.
owners who will be affected by it. Achi
gave some veiled threats of a political
nature, reminding the supervisors sew
eral times that there would be an cleo
ton in few months, and declaring
that lot of poor people would be put
to expense by the proposed ordinanc ce.
Achi said he represented many land
owners and occupants of teuements in
Chinatown.
Achi told the board that the govern
rhent of Hawaii was representative
government, and that under such gov
ernment no such important law as the
fire limits act should be passed until
the people had declared for it. "In a
few months more there will be an elec-
tion," he said, "and thing of this
kind ought to go before the people.
Inquiry should be made among the peo-
pie of every block, as to whether they
wish their block to be placed under
the fire limits regulations before put
ting blocks in the limits. / say that
n inv tfx, Nf ha To-,
cupants of tenements are opposed to
this ordinance"
As a further point against the fire
limits measure, Achi decalred that the
board was not legally empowered to
pass it. He said that territorial law
fixed the fire limits. "The board of
supervisors is a body inferior in juris-
diction to the legislature, he said,
''and the legislature has fixed the
limits. Hence this board can not legally
change them
Supervisor Mcclellan called Achi g
attention to section of the municipal
act which expressly gives the super
visors power to fix fire limits. Achi
sidestepped. Aylett wanted to know if
Achi wasn't the father of the municipal
act. Achi didn't disclaim it. Then
Aylett wanted to know whether the Sec
tion quoted had not been intended to
give the municipality power to extend
fire limits. Achi remarked that he
didn't admit being the father of the
municipal act anyhow, and proceeded
to discuss further the troubles that
would fall upon poor people if the or
dinance was enacted.
Quinn suggested that Deputy County
Attorney Milverton give his opinion.
Milverton said there was no question
about the terms of the municipal act.
1t clearly gave the supervisors the
power to extend fire limits "Even if
this is inconsistent with territorial laws
as to. fire limits, as Mr.. Achi contends" +"
said Milverton, "the rule of law is
that the later statute would be con.
sidered as repeating the older one. The
later statute gives this board power TO
fix limits. The fact that the authority
of the board is called in question is
no reason for the board to hesitate in
carrying out its policy. The law is so
clear that there is really no question
about the authority of the board.'
After this Logan moved that the or
dinance pass second reading by title.
Mcclellan seconded and with "no''
from AHA the ordinance passed, and
Achi silently evacuated the field.