Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-03-24
MILIERTON SAYS
CITY HAS BROAD
Street POWERS

aL d SpSCld4 IisGcIlHS Tic DOdiu "
supervisors, which was held at half
Past twelve O'Clock this afternoon, the
detailed report submitted by Deputy
City and County Attorney Fred w. Mil
yerton, regarding the powers of the
board over the streets, roads and pub
lie places of the city and county, was
received and placed on file. In the
course of his report, Mr.. MilvertoI
submitted a synopsis OF the main pow
ers relating to the matter, together
with some adjudications by the courts
constructing such powers.
BY Act is of the session laws of Ha
wall, the city and county of Honolulu
was given the power to regulate and
control the use of the streets. public
places and roads Of the city and coun-
~. This act is commonly known as
the charter of the city and county OF
Honolulu and in addition to the gen.
eral powers it is provided that the
city and county of Honolulu should
continue under the charter to have all
the privileges and powers of the coun-
~ of Oahu
1t will be seen, says the report. that
The powers conferred by the legisla.
ture of the territory upon the city and
county of Honolulu relative to public
highways and public places, are ex-
tremely broad. The only doubt as to
whether these powers can be exer-
cised to their fullest extent, arises by
reason of certain provisions found in
the act of congress of April 80, 1911.
At the time the organic act went into
effect, section 594 of the revised laws
of Hawaii were in full force and eff
feet, and under that section, all public
highways were under the general SUI
pervision and control of the superin-
tendent of public works, who was
charged with the execution Of all du-
ties thereto, whether prescribed by
chapter as OF the revised laws or other
wise. The organic act passed by the
congress of the United States is the
law of the territory, and
IS superior, of course, to any act of the
legislature. If it had been the inten-
tion of congress as expressed in the
organic act that the superintendent of
public works should exercise exclusive
control over the highways and public
y
lature could not take from the super
that power. 1t is not appar-
ent, however, that such was the inten-
ton of congress.
wherever the powers of the city
and county of Honolulu have been
questioned in the courts, they have
been judicially sustained, and 1t may
be assumed that there is judicial
to the contrary that all
OF the powers granted by the charter
can be exercised, and exercised in
such manner as to be effective. The
acting under it charter
powers passed several ordinances re-
lating to the street, highways and
public places of the city and county.
The city and county of Honolulu, of
course, through its police and prose-
cutting department, has the full bene-
fit of all the laws of the territory rela-
tive to encroacEing upon, blocking, In
terfering with or obstructing the pub
lie highways, ETC., even though such
matters may not be covered by any
ordinances. Violation of
these laws and of any municipal ordi-
nances in connection with the powers
of the board relative to highways
should be watched for and reported
by the officers of the road department
and the police officers of the city and
county. The prosecution of ofrenners
after arrest will be given every atten-
ton of this department.
in connection with the matter of
dual authority, which to some extent
foes exist between the superintendent
nf public works of the territory and
the board of supervisors of the city
and county, it should be said that the
present superintendent of public
works has shown every desire and
to cooperate with the mu-
licipal authorities in all matters re-
ating to the public highways, even to
he extent of appointing the city and
engineer an assistant to the
of public works with
ample power as such in all road mat
ters."
Following the reading of Mr. Milver-
.ons report by the clerk, the board
hen took up several matters of bust
iSSSI VI
cations and resolutions. A commune
cation from the Pacific Engineering
Company, requesting permit to board
1ff the sidewalk in front of the Inter
Island offices on Queen street prior to
several repairs on that build
ng, was referred by the board to the
county engineer. Another communi-
cation from General Macomb, request
ng the county to take UP the matter
If the laying of an eight-inch iron pipe
from Fort Shafter to Fort Kameha-
neha for the purpose of supplying the
after post with a complete water sys-
EN-, was referred by the board to the
-oad committee. The monthly report
Of the city and county engineer was
received and accepted. This report
the expenses of that de-
Dartment for the month of February
IS follows: City and county of Homo
ulu, s12,50S.37; district of Waianae,
F414.60; district of Koolaulca, S999.31;
district of Waialua, S10S64G; and the
district of Koolaupoko, $749.S7.
Owing to the great number of
,roundless complaints that have been