Haw. Rev. Stat. § 56

Current through Chapter 253 of the 2024 Legislative Session
Section 56

That the legislature may create counties and town and city municipalities within the Territory of Hawaii and provide for the government thereof, and all officials thereof shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislature of the Territory.

HRS § 56

Am Mar. 3, 1905, c 1465, 33 Stat 1035

The federal statutes prohibiting territories from enacting special laws concerning municipal corporations were superseded as to Hawaii by this § even before the amendment to §5, which expressly declared such statutes inapplicable to Hawaii: 19 Hawai'i. 176; 16 Hawai'i. 777. Congress did not intend that §16 should control this § as to who might be appointed or elected to city or county offices: 25 H. 678, 687, 688. A county ordinance was held unauthorized because its subject matter was covered by a territorial statute: 18 H. 624, but now see 21 Hawai'i. 19; 21 H. 30; 21 H. 206. A county ordinance prescribing fire limits is not operative against the Territory whose legislature created the county: 23 H. 678. Board of water supply, 31 H. 216. Referred to in 16 H. 773, 779 (appointment or election of county officers and transfers of powers and duties from territorial to county officers); 17 H. 176 (power to make ordinances). For county act of 1905, and city and county act of 1907, see HRS cc. 52, 54, 61 to 67, 70. Cf. 20 Stat 101; 25 Stat 336.