The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-04-18

htd utdouit. /
science is devastating the hordes which
once played greater havoc than the
spear and the sword. We scrutinize
a mass of tar, and sec thousand dyes
and drugs and perfumes lurking in its
depths. We press button and city |
blazes into light: We turn screw and
we hear master voice burst into song |
Magic has become n unionized trade,
and wizards punch the clock and stop
at the cashier s window every Saturday |
night.
with the habit OF men to aggre.
gate into communities, with the things
which we now know and the things
which we are learning from day to
day Imagination can hardly FIX limit
to the police powers; it is still in the
forest blazing trees: but it is dan
gerous power-it does not belong to the
individual; it is an attribute of sover.
eighty and should be exercised only
after great deliberations, by the govern
ment
at inheres in the nation for ma
tional purpose, in the State for STATE
purposes, and in the municipality as q
! governmental agency for municipal
powers. A king may abdicate his
throne, but the legislature cannot abd.
cate, barter or delegate to another the
notice power. See Stone, ETC., l01 u. IS.
Sl4; Butchers ETC., III U. s. T52.
eff it be true, and as constitu-
tional principle it cannot DE denied,
that the exercise of the police power
may not be delegated to an individual,
why should the right to call it into
play be conceded to testator; why
should he be permitted to swap land
for posthumous fame, plus the right
to stretch out tile dead hand for
generations to come and exclude the
public from property at sunset, which
if it is to be theirs at all, should be
theirs and under their control at all
times2o pieoi4 ,fi2s ~ .datY
i Cites Shaw Case. l..
81 am advised that number of
years ago a wealthy gentleman by the
name of Shaw, devised to the State
of NJ ssouri his botanical garden in
the suburbs of the city of st. Louis,
for the use of the people of st. Louis,
hut on condition that the garden should
lie closed on Sundays. The Shaw prep
city, consisting of several hundred
acres, was one of the most beautiful
spots in the world 1t was attractively
laid out; it contained lakes, living
streams and waterfalls, grand old trees,
and greenhouses filed with rare plants
rom all parts of the world; it ri, allied
in beauty the wonderful valley in the
Kingdom of Amhara, of which Doctor
johnson, in "Rassclas, +" has given us
n glimpse, and it was of immense
value. s"s
1t was argued that the gift of Mr..
Shaw should be accepted, thIt he was
inspired to make it from public spirit
ed and patriotic motives, and that it
would he better for the people of st
Louis to have the use of the garden
for six days in the week, rather than
be denied it's employment altogether,
but the legislature of Missouri took
the position that the acceptance Of the
gift. with the condition attached,
would not be compatible with the dig.
nifty of the State, and that it had no
right to surrender for testamentary
disposition the exercise of the police
power to an individual, and that it
made al solute'y no difference, as to the
principle involved, whether the power
sonablv or unreasonably, the question
not being one as to the reasonable ex-
ercise of power, but the broad one Of
its delegation.
"'Hcre we have testator, not only
attempting to exercise the police power,
bat attempting to do SO unreasonably,
for it cannot be, gainsaid that in this
tropical country it is unreasonable to
close park or recreation ground at
, sunset. To do so, would be to exclude
from its use the very many who toll
before sunset, common soldiers as
was said by Mrs. Nakuina, Glow peo-
ple," as was said by Mr.. Petrie, Just
as IL il were the business of the legis
;; lature to provide for the enjoyment Of
: the Idle rich a park, when others toll
: and sweat and sweat and toll.
:" 1t was argued before your commit
tee that while the use of the park
would practically be denied to poor
men, it might be used by the wives of
: the poor, but this thought emanates
| from those who can scarcely move
from one room into another without
running into, a servant, and who are
without knowledge of or who close
:. their eyes to the conditions which sur
, round the poor. Needless to say, that
what with cooking, washing, sewing
aud other domestic duties, the wires
of the poor will have but little time tc
! seek recreation ground before sun
set. er-
Dislikes Aphorisms.
/ cit has been said on the street that
5 Ainahau is a gift, and a gift horse
| should not be looked in the mouth.
9 This aphorism furnishes no exceI tior
e to what believe to be the rule, that
r aphorisms are the rotten drftwool oil
' human speech. / can illustrate this il
e a. dozen ways; take one: we usel Il
A hang in the school room the aphorisn
4 that honesty is the best policy h'-'
= every man who his a conscious ~-nst
4 of morality must know that he de
r grades himself and is merely telehinl
}, his child not to get caught when h