Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-04-23
ABUSE OF THE STREETS

LII the city ordinances are openly fouted by
1 Contractors who tear up and otherwise damage
the streets, the remedy is ready to the hand OF
the supervisors and the road overseer.
If the streets are blocked by building mate
rial, the remedy is provided for the city authori
ties to use
The city Goes not need more law but more
ambition to enforce the law.
This whole question of the powers and duties
! of the board of supervisors in relation to the
streets, highways and public places of the city
and county has been thoroughly canvassed and
the board was rendered a comprehensive opinion
.on March % last by the first deputy city and
county attorney, Mr.. Milverton.
That opinion refers in detail to the various
legislative acts and municipal ordinances that
have built up the structure of city authority,
and declares emphatically that the supervisors
have the right tostop promscuous tearingup of
the public highways or to end other of the abuses
alleged to the contractors.
whenever the powers of the city and county
Of Honolulu have been tested in the courts de-
clares the city's legal adviser, "they have been
,judicially sustained, and We may assume that
until there is judicial determination to the
contrary that all of the powers granted by the
charter can be exercised, and exercised IN such
manner as to beeffectire.
"The municipality acting under its charter
.p6weIs has passed several ordinances relating to
the streets, highways and public places Of the
city and county. Ordinance No. 15, for instance,
which relates to the hreaking up, digging up,
disturbance undermining and digging under the
public highways streets, tliof0aghfares, alleys,
sidewalks and other public places in the city aud
county, furnishes every reasonable protection to
the municipality concerning the matter it COW
ers, and in my opinion is valid and enforcible,
and If enforced iciI haze the effect Of elimindt
;ug mann objections no,C heard concerning the
pfpmiscuois aud undathorisfd tearing up of the
public highways. !
~Another ordinance, No. 81, passed by the
board of supervisors in March of last year, and
which relates TO the scattering, throwing, drop
ping, depositing and placing of rubbish, debris
and other materials on highways, streets roads,
alleys, lanes, sidewalks, sea,beaohes and public
places, I.enfoced WiH do mach to obpiate the
objections SO frequently heard of delimquencies
IA such matters
The city charter gives the board of superyi-
sors the power to Jordan, make and enforce
laws and regulations. The board has the power
to put an end to the abuses complained of, and
that power is sustained ifr thectufts. The city's
legal department, it is shown conclusively by the
foregoing, believes that the ordinances against
digging up the streets or tanning the sidewalks
with. building material, can be enforced.
There is plenty of law already. If the super
visors believe the law is being violated, why do
they not direct the city attorneys department
and the police to get busy, make some arrests if
necessary, and see if the courts will not put an
end to the abuses laid at the doors of contractors
BY city officials?
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