The Hawaiian gazette., 1886-08-31

he nSu peeu IN Legislatures most OF tue time since
be was q years Of age aud now was II, and the
hon. member would have heard of him If be was
4 reader OF the public press. Perhaps the hon.
member could not read In all his public career
he had never heard word against his character
until he had done 50 in the Opposition press of
Honolulu.
The Minister of Interior desired only two min.
utes of time and therefore entered upon q graphic
and enhancing picture of the beauties of the ISL
ana OF Lanai. occupying twelve minutes, ending
his peroration by saying that the people of Lanai
were his friends, and be would be a desperately
wicked man If he allowed any acts of his to op-
press them.
Representative Kslua spoke ut length on the
matter followed by Rep. Palohsu. After the close
of the latters remarks, the ayes and hayes being
called for, vote was taken on the question of the
indefinite postponement of further consideration
OF the majority report of the committee ON the in
vestigatiou of election matters on Lanai and with
the following resultt
ANS: The Ministers fSJ Dominis, Cleshorn,
kuihelani, Judd, ksae, Parker. Hayselden, keau,
Lilikalani. Baker. Amara, Kaulia, Kaulukou, Pa
his, kaunamano, Nshale, Nahinu, Aholo, Kaukau,
hasi, Kauai.
NoEs: kAuhane, Kalua. Castle, Thurston, Pae-
haole, Dole, Palohau.
Nor NoTISG: kauhi. brown. Wight. Richardson
Dickey, Gibson.
Assent; Bishop, Parker. Wilder. Isenberg Dow
sett, Rhodes Bush. Smith. Widemaun. kapena,
Martin, Macfarlane Kekoa.
The Attorney General moved the reconsldera-
tion of the vote.
Representative Castle said that he did not in
tend TO say anything now about the merits of the
question bot he would say that the members were
making a mistake. They were by this vote stulti-
been ordered by the House 10 conduct this iuveS-
tigation. This vote carries with it q denial of
prerogative of the Assembly.
Reeonsiderations was now put and lost and I'M
mediately afterwards at &4a, the Assembly ad-
iourned.
KIGHTY-FIFTH DAY.
WEDNESDAY, August p.
The Assembly convened at the usual hour and
after prayer by the Chaplain the minutes of the
previous meeting were read and approved.
President Walker then stated TO the members
that the hcinse OF debate had been taken great
advantage of during the past few days and with
detriment to the business of the Assembly He
would in the future restrict members within more
defined limits as he deemed il necessary 10 so do
in order 10 facilitate the business of the Assembly
Representative ThurStou from the speciel COM
mittee appointed TO consider a bill to grant
quitclaim of certain property 10 the Catholic Mis-
sion of this CITY presented minority report signed
by himself and Hon. J. IL. $ Martin, as follows.
=" A minority OF your select committee to whom
was referred San Act authorizing the Minister of
OF the Interior to release and quit claim to HsA
man hockemann, Bishop of Olba and Vicar Apo
Stolic Of the Hawaiian Islands, in trust for the
Catholic Mission of the Hawaiian Islands of GER
tain premises occupied by said mission for elee.
mosynary purpgses. Introduced by the late At.
have given the matter their careful attention. and
ind the following facts:
The land in question is situate in Honolulu, and
has a frontage on the mauka side of Hottie street
just east Of Smith street of So feet, and frontage
on New Smith street Just mauka of Hottie street of
III feet, having total area of-square feet.
The history Of the title of the land is as follows
1st. kamehameha III executed deed July 3,
1889, as follows: al ksmehameha III,
hereby give and transfer to the Government of
Grance certain piece of land in Honolulu, and
IN that part of it called by the people Kalanikahua
Said piece OF land is 132 long and III broad and
is designated by four stakes, ETC., (gTing descrip
tom said land to be site for church at their
pleasure 10 be administed BY priest of the French
nation / furthermore give portion of ground
for road from said site to the street, and said
road shall be So feet wide and at the point of the
house towards the sea. But If ever the time
should arrive that the ground shall cease to be
occupied for that purpose II shall not then be sold
but shall again revert to the Sandwich Islands
Government"
I'd. Land Commission Award No. 40, date 18th
May, lS47, read as follow: ave confirm to the
use OF tie Roman Catholic Church of the Hawaiian
Islands = the following piece of I.ud to be
used in the service Of said church and religion.
VIZ certain piece of land IN Homo
lulu called hslanik3hua' giving same description
IS contained IN above deedI.
The Condition upon which this site was original
~ granted and upon which it Is nOw confirmed
was, and ls-Ihat there be erected thereon a
church, to os administered by priest of the
french nation. But ths express converse
condition of this grant was, that If ever the tins
should arrive when the ground ceases ~ be Occu-
pied for the Purposes OF the church, it not to
be sold, but TO revert to the Hawaiian Govern
ment- Although this concession was originally
made bY the hing on July % 1889 1t does not sp-
pear that it has been used for the purpose in
tended to this day. No specific time Is how
ever, named In this grant written which the lot
should be built upon and for this reason although
a period Of eight years nOn-uSe WOuld seem IN
tD rha az Roar Ilt
disposed 10 NJ definite time for the prOspec-
tive and accordS to the Roman Catholic Church |
i've years more from the delivery of this confirma-
tlOn within which to build upon said lot, and put
Il TO the uses originally intended in the Kings
grant, within which period, If 1t be not oecu-
pied, the claimants will be deemed to have Aban-
doned IT, aud II shall revert to ths Minister of the
Interior for the use of the Hawaiian Government,
since the date of tue land award, May 10, 1S47,
i IS not claimed that the condition of the grant,
viz; the building of church, has been complied |
with On the contrary, 1t Is specifically admitted
that the claimants have no legal claims to the 1
and, and Ii was upon an opinion OF the ex-At- !
torneY General, Mr.. Neuman, to this effect, that 1
the claimants have Submitted their claim 10 this |
Assembly.
FTha title of this land IN then vested in and il
belongs to the Hawaiian Government.
The question submitted to the committee then ]
Is. shall the Hawaiian Government make diff to 4
the Catholic Mission of the land in question.
s'The reason given for making the grant is con-
alnsd n the preamble to the bill, follows, viz:
Whereas, The Catholic Mission of the Hawaii
IN Islands has held and occupied said premises
since said time tthe grant By Kamehamehal as an /
asylum for aged and infrm HaEaiians of tie I
Roman Catholic faith. Therefore" etc.
YolE committee are of the opinion that the fact
that the claimants have had the free use of the /
premises for 50 many years does not give them
Any equitable right 70 the land. Since the lapse
1f the i've years allowed By the Land Commission,
shich expired IN 1852, the claimants have been
simply tenants on suTerance under the Govern
nent, and the gsnsrosty Of the latter In allowing
! free use of the premises should not establish
lOes legal one.
The object for which tile land Is desired DOES
lot seem to your committee to justify the giving
1p Of this piece of land. Il Is situated In busi
hess center, Is needed for business purposes and
SO1ld bring quite an amount 70 the Treasury If
old or leased for the beuefit of the Government