The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-02-28


has besa under the coatrol Of the public aashori.
ties trom aueieet times; aud that since tho
organization of His Najes,ys Goyernneu, that
control was undispa,ea sa;il the wear 1850, when
Mo, Charles Hsnaina raised an objection on b.
halt Of Her Majesty Queen Kalama. aler the
Kios in Coaaeil bad granted part Of said land
10 the North Paci6e Navigation Company,
SscogG-Bccaase ii appears farther BY the evi-
denes, that Al the time Of the grcat DIVISION Of
lands IN the war lStS. ia which TIE III Of Wal
kahclo,u S said to have been given to the Queen.
!, was distinctly understood that she was 10 have
Saly the uisnka portion Of Waikahulula. the ma.
kai part being clearly regarded as having been
SCI apart fog the use Of the Government.
i Thiswoald seem to be conclusive Of the rights OF
Qaeeu Halau'a, The nskai pOrtion as described
was The property the Government and does this
uaksi portion iaelade the whole OF the makm
povtiou Of the hi Of waikahulula. II the map
Is irse description Of the H. il includes 10, only
the u'akai portion bot lar,o number ct The most
valuab,e house lots in Hcnolulu. and which had
been in the possession Of parties without claim
=
The award 70 the Qseen cannot legally Include
them en- two grouuds; first, because her rights
+ we've confined to the uauka portion and second
ly had they not have been BY her award. she
could no, be entitled 70 the house lot within the
+ limSs Of the III. The following remarks occur
in the principles adopted by the Board Of Land
Commissioners to qaie. land titles. vol statute
laws - But between the ownership for cult
yatiOa and Ssre building lots there are often
broad hines Of distinction. These building lots
were never bestowed by the King. or Loris fos
the purpose Of being given out to tenants as was
uniformly the case with lands suitable for eultiva-
tiOu. 1t follows. therefore, that with soma ex-
cep,ious, which in al cases must be proved IN
relation TO bading lots there is no third class OF
persons having the rights Of Lords over tenants.
The exceptions in those cases would be where
individuals having received building lots from the
King ioz their own particular use, those individ-
uals have themselves. for some consideration, ex-
pressed or Implied transferred said lots TO third
parties This exception does not apPly to the
rights Of heirs o. deyisees-
Ia the case Of KeeHkolani Us. Robinson Haw.
Rep 54S, on which were a; issue the title, rents
and profits Of what was known as the Point or
Pakaka, the counsel o. the respondent con
tended that it was necessary for the complainant
TO show that Pakaka was awarded by the Land
Commissioners 10 those from whom she derived
tile, IS the fee Of that Ioi bad become vested in
the Qusea Dowagsr IS 4 part OF Waikahalalu-
Upon this pOin; Of the defence the Court say;
1T appears that ia the division Of Is4s, the
land called Waikahllglu within the ancient bound
ares Of which Pakaka is sitaa,ed. was granted
by the King to Queen Ealaua. and her title was
sa6ze5ueziiy further perfected Under the gen
eral rule that the party holding an award or
pateat for az ahup1aa IS the owner Of al the
and embraced within It's boundaries except such
portions Of u a have been awarded By the Land
Commissioners to other Persoas. it is couteuded
BY counsel for the respondent, that unless TIE
complainant has shown that Pakaka was awarded
by the Land Commission 10 Lelsihoka or Pitt
Kinaa. the fee Of that lot has becoass vested in
the Queen DoTagsr As part Of the Waikahalalu.
and that ia Consequences, she, and not the con-
pllinant is nov the owner Of the rights formerly
possessed by Kalaim5kl and Islsioh0ku This a.
-umeut Eoud De entitled 70 weight Il the rule re-
lied uplH could be held % apply 10 this case but
We must bold tie reverse IN our opinion upon
the grant o. Pakaka 10 Ealaisuoku by Eaahuma-
uu. vtich vas the sane as q grant from tbs Kiag.
it CEASED forever to form part Of Wafkahalala a.
bed by the Kohohiki. Pskaka part Of which
vas k1oEn as The Kings wharf, thsncsflrEard
became Ike many other town lots situated within
the natural bognd1ries Of Waikshalsls. a portion
Of rev class o. rsai property which vas not
covered by the las Of 1883. the Great Division.
u1r ibs AVS of ordinary Ku'aanas A part of
the remarks already gsoisd from the principles
Of the land Commission nay Be cited here again.
It follows therefore. that fEith some sxcepiio1ss
ahieh 10 all eases must Be proved 10 relation 20
baiIiin- lots there il no third class Of psrscus
having the nights Of lords over tsuauts.r The
Green Dovager. 10 her capacity q Ko8ohiki o.
Wsisaha'ulu, eouid not have been recogufzsd e.
a counter claimaui f5r Pakaka before he Beard.
II sch Let esebezts for =ast Of heirs Is ssebssts
TO lbs stats ard noi % the ancient Ko5ohiki.
The eonmaizti7u payable Hp0n toEn lo;s awarded
b7 the eomu0u freehold titles. is payable % the
G1vsruaent and oct 70 fhs lord Of the st1p1az
II car opfnioa Il today the title Which Kaiai-
n1ka formerly possessed 10 Paklka is not legally
vested ia biz teirs is might bs recovered by tie
Hawaiian Govsrausni, bui never b the Lord of
Waikabsluis
wsars of opiui5u hat The principle q tie
foregoing ezss aFpiiss uitb -qaal force 70 tie
sase a. bar Il sppsars thsi The lot ia question
Taz oeespied 50 a residence b. those under rh0m
the dsf-1iaai sizims from psrod c5mnssciaz
prior 70 1873 and fhat prior y ibe date d he
szari q the u % Qsssa EaIlmz. ". Kekua-
naoa made Tai-abie izprossmsuis up5n It. There
=as 3 br5ld Iius q distinction bstrssu ihis iot
iad cas SIMPLY f5r esitirafi9n. Il vas ziseiy g..
.iare5 bg the las tsai the baiisiaz lois. Or tosn
.ots a. thsT we're a1lsiimss called. srusd . rev {
lass q rial pr1PsrtJ- affected b. The rslss
d tie ordinary Ks'saazs. AID vs regard tie lot
IL qsss.i7a a. u that cilss
Thsrs we're o;hs- p5isis ns5s ard 5Iseussss +
siih ability so8 lsarapz b he counsel for Re 4
7s-tiss bst their dsc1s7n is not nssss.ary in The
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