Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-12-16
DEPUTY ATTORNEY SHOWS PROBLEM
AT WAIKIKI IN LETTER TO FORBES

by Section of Act 100. the Drain.
age District
The proposed plan for the first unit,
If / interpret the maps correctly,
leaves this matter OF permanent drain
age in allegiance, and provides only
for temporary drainage bitches at pre-
sent II the territory were u make
sanitary at present only this first unit
which involves an area OF 500 feet
wide approximately, from the Moana
tennis courts TO the Rapid Transit
tracks, and the above mentioned ca
mails ever become necessary, no por-
tion OF the cost of those canals could.
in our opinion be assessed against
this Unit l., inasmuch as the compile
ton of the contract for Unit l would
place such land in a sanitary condi-
tion In fact, such land would have
to be placed in sanitary condition
before property owners could IL COM
PEELED to pay the amount OF the lien
provided by the statute. In other
words. while In the sanitation OF Unit
| itself, independently OF the balance
OF the insanitary area, a system of
drainage other than that now In eX-
istence would perhaps be immaterial.
yet the question will become one OF
vital importance when the mauka or
back area is improved. Moreover, the
territory would be unable to assess
against the repainder OF the land out
side of Unit /. the entire cost of the
future canals or bitches. and. in my
opinion, the amount which IL would be
unable so to assess would be repre-
scented by the ratio of Unit | to the
balance Of the area.
Let Health Board Visit
Accordingly, would recommend
that the board Of health visit and ex-
anime the entire tract. decide upon
the amount of land therein which is
insanitary, and upon the proper gen.
eral method required to make the
same sanitary, and that upon receipt
of its report you prepare map OF the
entire area in sufficient detail at least
to show the nature of the general san
itation scheme including the location.
size and construction, and, so far as
possible. the cost of the final system
of canals or bitches. The location of
the ditch or bitches through Unit !
may possibly vitality interest the prop
erty owners mauka OF this Unit L..
and, in our opinion. they are entitled
to be heard upon the entire scheme.
Moreover. suppose it becomes ne
cessary to construct or enlarge a
ditch or bitches to carry the water
from this tract to the sea. The cost
Of such bitches makai of the tract is
to be assessed against the contract.
This includes the cost of acquiring the
necessary land II seems very prob
able that scheme which involves
only the condemnation and sanitation
of independent areas such as Unit 1,
Unit 2, and so on. without reference
to each other and to the balance of
the insanitary tract, will eventually
require an out and out appropriation
by the legislature, which could not be
made part of the revolving fund.
Must Go AZ Whole
In other words, wherever an extern
siye system of drainage is involved, /
believe that it was the intention OF
the legislature that the entire drain
age district affected first be treated
as a whole, even though it becomes
necessary. for lack of funds, to award
separate and successive contracts for
the completion of the scheme. After
the board of health and your office
have outlined the general scheme of
sanitation for the entire area, with
an estimate of the cost thereof, then,
| believe, you will be justified in start
ing in to improve. at any one time, as
much of such area as there may be
funds available for, saysthe present
first unit The Improvement period
could continue for the term of the
duration of the liens which would be
six years from the date of attachment
of the first lien.
Very truly yours,
ARTHUR G. SMITH.
Deputy Attorney General"
Need Streets and Sewers
In letter to the governor under
the same date, Attorney Smith points
out the fact that streets and sewers
must now be provided for by the city
and county, whereas they were for
merly under control of the territory.
He shows that today the only high
ways the territory is authorized to con-
struct are the homestead roads.
The legislature could, of course.
still authorize the territory to con-
struct streets and sewer and water
works." he says, "but until or unless
II should do so. all streets and high
ways other than the so-called home.
stead roads, and all water and sewer
works, are to be constructed by the
city and county Of Honolulu.
The result is that any streets or
water and sewer systems which are
to be constructed in or in connection
with the area proposed to be rendered
sanitary at Waikiki must be construct
ed by the city and county. Such work
cannot be done by the territory in the
absence of legislative authorization
and appropriation thereof"
In answering the letter Governor
Pinkham stated to the attorney that
"the situation at Waikiki is an illus
tration of divided authority prevent
ing physical and economic coordina.
tion in public works; a situation
leading to financial waste and unfor-