The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1875-12-04
ADVERTISEMENT
Translated from the Kuokoa, of October so, 1851
is THIS THE ERA OF LANDGRABBING ?

By the decision Of the Judges Of the Supreme Court in tn,
Charles Kanaina, these parties have been lost their case, ant
the Government is the winner.
Everybody is astonished at this, and landowners are anxi
ously enquiring as to the crooked uncertainty Of the law.
The decision of the Court in regard to K~ahoomana, is cor
rect. In regard to His Highness, the decision is contrary e
the law; -; IAs g goy Y f M Yen, cannot al Et,d dispose se,G Of o. d interfere 1s;, witt a.
by Royal Patent no power can take it away, except Il be BY
force of arms.
1916, are repealed the chiefs, the konohikis and every body
who got lands from the hamehameha I. H. III, or from other
eminent got a share, the kOnohikis a share, the government
retaining no interest in the konohikis' portion, only in the kule-
anas of lhe people and the konohikis were TO have their
awards without cost. This division was begun in ls47, and
confirmed, excepting rights Of tenantas. So also with lands
apportioned for the government from lands of the chiefs, the
rights of tenants were reserved.
But such persons as did not send in their claims or petition
to the Land Commission before the expiration OF the time set
for filing such claims, forfeited the same, and the land reverted
to the owner. If it was on a crown land, the kuleana claim
would revert to the government and ii it was on a konohikis
land, all kuleanas not applied for or which had been refused.
reverted 10 the owner Of such konohiki land.
The land Of Waikahalulu was a bona fde Iii fthe Ahupuaa
Of Honolulu, to which belonged certain appendices or ieIes,
which were, the kula OF Pahua from Koula to PuumaIkahema
of Kalanikahua, and the sea of kulOloia. now known as Alma
Of this land is His Highness c. Kanaina, heir of H.. X. KAPPA
kuhaili- l will here quote law increasing the rights Of ko-
nohikis, passed on the 9th Of July, 1866: =
The question now arises, who is the owner Of Waikahalulu ,
known that His Highness c. Kanaina is the konohiki and
owner of Waikahalulu; it is his absolutely and forever.
The decision of the Judges of the Supreme Court is based
upon statutes that have become dead by reason Of others sub
sequently enacted consequently the decision has a rotten
to the bottom In the language Of the olden time, it would be
called robbery without reason, plumber, oppression, and demo-
Therefore break the fish. ere the gall spreads strip the
m mItedf and taihts T the Whole W oi yOI The strong aft&@g arm 2 E sca,t Ssn0T Ihs
blessings which were granted under the law:
kahaluiu we're different from the present.
l will relate briefly certain facts, that occurred 20 years
since at the Legislative session OF 1854 A petition had been
placed in my hand in regard to a matter that had been brought
up in PriSy Council, but had failed owing to strong opposition.
The petitioner was Kaleiopapa Cwidow Of KauikeaouH) petit
tioning for her rights as such widow. The petition was taken
discussion The Chief Justice os the Supreme Court and
President Of the Land Commission was W. l. Lee who had
opposed the petition in the Pryy Council, and also opposed in the
Legislature, bringing witnesses TO prove that the place in ques-
ton belonged TO the government, and had so belonged from the
times of kamehameha l, II, III, and Kinau; which was tes-
tilted 10 by Mr.. KekuanaOa and other Witnesses. During the
discussion, 1 Characterized the Chief Justices arguments as
baseless Che was not a member Of the house, and l founded
my argument on facts and the law. By the law passed at
Lahaina it was decreed that after the battle Of MokuohaI all
lands should revert to their owners so with Maui lands after the
battle Of Kepaniwai so with those Of Oahu after the battle Of
Nuuanu. Thus arose the principle Of division whereby the
konohikis eventually got their anodial titles. At the end Of
was voted that the sea-grounds Of Kuioloia belonged to ii. X.
Kapakuhaili, and my motion was carried that the government
communicated the action of the House to the petitioner, for
n the following Monday, in accordance with the rules, Mr..
5. P. Kalama moved a reconsideration, which was carried.
being in attendance throughout, at the close Of which it was
voted that H X. KapakuhaTi had no rights in the said sea
grounds, but that The title was in the government; The reso-
luton to that effect went up TO the House Of MOBILES. bat they
being mostly Privy Councillors there was not much debate.
and The resolution was passed. Lot Kamehameha and E. II.
Allen uhe latter was then Minister Of Finance, now Chief
Of the result. let Us ask-Whai did their mission amount
to? Or the resolution ? They were disappointed, and in the
end had nothing 10 say.
Everybody throughout the city was talking about the i'm
proper action Of the Chief Justice. General William Miller
offered the petitioner $4,000 for the place. DR. Judd in
company with James Robinson aud Mr.. Dole, offered $780,
600. And both Houses Of the Legislature repented and ap-
pointed a Joint Committee OF conference on the claim. My
opinion was asked, and l said that the petitioner has been
willing to take 100000, but that the Legislature should signify
its regret for the action taken by paying her $4,000, Whicr
was agreed 10.
That is how The sea grounds claim Of WaIkahalulu was
settled, the Hawaiian government purchasing The same from
Queen f. K. kapakuhaih- : VI KAMAKAU-