The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-08-26
Hawaiian Parliament.
Legislative Assembly Eighty fifth
Day.

WEDNESDAY, August 18th.
The House met at 10 a. IN. Prayer By
the Chaplain. The following member
answered to the roll call: Their Excellen
cies Gibson, Creighton, Kanoa and Dare
Hons. Dominis, Kuihelani. Kapena
Walker, Martin, HayseIden, Keau, Ba
ker, Kauhi, Amara, Brown, Kaulia, Kau-
lukOu, Pahia, KaunamanO, Wight, Ma
hale, Nahinu, Kauhane, Kalua, Aholo
Kaukau, Richardson, Dickey, Kaai
| Thurston, Paehaole and Palohau. The
minutes were read in Hawaiian and Eng
lish and approved.
| The President said that before the bust
ness of the day was proceeded with he de-
sired to make few remarks. The House
was well aware that during the last few
days the privilege of debate had been
largely extended beyond the usual limit,
but there appeared to have been a very
| general desire to have the matter before
the House fully discussed. Their time was
very precious and he hoped the House
| would take into consideration that here
after the rules would be very strictly en-
/ forced.
! CATHOLIC MISSION PROPERTY.
/
minority report:
Hon. J. s. Walker, President Leg
! islative Assembly Sir: A minority
| of your select committee to whom was re-
! ferred An Act authorizing the Minister OF
| the Interior to release and quit claim to
! Herman Kockemann, Bishop of Olba and
| Vicar Apostolic of the Hawaiian Islands,
| in trust for the Catholic Mission of the Ha-
waiian Islands, of certain premises occupied
| by said mission for eleemosynary pur-
! poseS," introduced by the late Attorney
General, Paul Neumann, report that they
have given the matter their careful atten-
ton, and find the following facts:
The land in question is situate in Homo
lulu, and has frontage on the mauka side
of Hotel street just east of Smith street of
80 feet, and frontage on New Smith street
just mauka of Hotel street of Ill feet, hay
ing total area of -square feet.
The history of the title of the land is rs
follows:
1st. Kamehameha III executed
deed July %, 1889, as follows: Il,
Kamehameha III. hereby give and trans
fer to the Government of France certain
piece of land in Honolulu and in that part
of it called by the people Kalanikahua.
Said piece of land is 132 feet long and Ill
broad and is designated by four stakes,
etc, giving description) said land to be
site for church at their pleasure to be ad-
ministered by priest of the French ma
ton. furthermore give PUTUIOn or
ground for a road from said site to the
street, and said road shall be 30 feet
wide and at the point of the house towards
the sea. But if ever the time should ar
rive that the ground shall cease to be oc-
cupied for that purpose it shall not then be
sold, but shall again revert to the Sand
wich Islands Government"
I'd. Land Commission Award No. 40,
dated 18th May, 1847, reads as follows:
1--WE confirm to the use of the Roman
Catholic Church of the Hawaiian Islands
the following pieces of land to be
used in the service of said church and re-
ligion, Wis a certain piece of land
i'll Honolulu called Kalanikahua" (giving
same description as contained in above
deed).
The condition upon which this site was
originally granted and upon which il is
now confirmed was, and is-That there be
erected thereon church, to be admins
tered by priest of the French nation.
But the express converse condition
of this grant was, that if ever the time
should arrive when the ground ceases to
be occupied for the purposes of the church,
it was not to be sold, but to revert to the
Hawaiian Government. Although this
concession was originally made by the
King on July %, 1889, it does not appear
a., - i. -.
intended to this day. No specific
time is, however, named in this grant
written which the lot should be bsilt upon,
and for this reason, although a period of
eight years non-use would seem in equity
to have reverted the land, yet this Board
is disposed to fix definite time for the use
prospective, and accords to the Roman
Catholic Church five years more from the
delivery of this confirmation within which
to build upon said lot, and put it to the
uses originally intended in the Kings
grant, within which period, if it be not so
occupied, the claimants will be deemed to
have abandoned it, and it shall revert to
the Minister of the Interior for the use OF
the Hawaiian Government.
Since the date of the land award, May
~ 4C1t II II AAOC CldlitiGO b1ldL lAiG IOllul-
ton of the grant viz: the building of a
church, has been complied with. On the
contrary, it is specifically admitted that
the claimants have no legal claims to the
land, and it was upon an opinion of the ex
Attorney General, Mr.. Neumann, TO this
effect, that the claimants have submitted
their claim to this Assem- bly,.
The title of this land is then vested in,
and it belongs to the Hawaiian Govern
ment.
The question submitted to the commit
tee then is, shall the Hawaiian Govern
ment make gift TO the Catholic Mission
of the land i'll question.
The reason given for making the grant
is contained in the preamble to the bill, as
follows, viz; Whereas, The Catholic