The Hawaiian gazette., 1889-01-29

/ Inc next question Is, Wu0tllcI llt
lands in question belong to the class
OF Government lands, or to that OF
Crown lands. or to the hneal heirs OF
kamehameha III. As the Grown
lands, which descend to the success.
sors Of the Hawaiian Crown, are ex
pressly limited and designated by
name in she Act Of June Z, 1913, ]
cannot End any legal authority for
adding the unassigned lands to that
list. The decisions of the Supreme
Court in the case Of kamehameha
Tvs Estate. cited above, and in the
| case of Queen Emma vs. Commits
/ siouers Of Crown Lands" tried in
| January. 1883. fully recognize the
distinction between the Crown Lands
Estate and the other private estate
both real and personal of kameha-
meha III. 1t was decided in the
former case that e the descent of that
part OF his estate must be governed
by the general law Of inheritance; /"
and in the latter case that certain
pieces Of land. held under L. c.
Award No. 10.SO6, not having been
enumerated and made Crown Lands,
were not affected by
statutes relating 10 Crown Lands. F"
Leaving, then. to one side the
claim Of the Commissioners of Grown
Lands, the question lies between the
Government and the heirs of Kane
hameha Ill, represented by Mrs.
Pauahi Bishops Estate The ques-
ton Is whether the lands in dispute,
overlooked by inadvertence IN the
great division, shall be regarded as
having belonged TO the private estate
Of kamehameha III, or to the Gov
eminent Is representing the nation.
Several considerations tend TO show
that the parties who executed the
original AIabele, hamehameha III.
and his Council. held the latter view.
In the absence Of any general de
claration by the King and Council.
we can infer their views from their
action IN special cases
1t Is q significant fact that the
King obtained an award Of the Land
Commission. Ne. 1O.S06, for certain
town lots, which had not been in
cluded in the Mahele. As We have
seen. those private claims. which
were forfeited by neglect to present
them before the Land Commission
before February Il. 1913. lgpssi % Tie
Eacswwa.t, and not to the King. In
the same way the claims Of honohi-
names were in the 'AIahele
Book. but who had failed TO present
their claims before the last day OF
June. 1852, were declared to have re
verted 70 Tie Ga-Eraus7t. Further
more. town lots in default Of heirs
to the Government. lHaw
Reports. Vol. Ill. p. 1922 What Is
more important Is the fact that dur
ing the reign Of kamehameha III.
the very lands N question were. as d /
class. treated as Government pro
peTty. and tla: many sales from
these lands were made by the Gov
eminent ROYAL Patents for which T.
were signed by him. About the only I
exception Is the case of the land of
Puueo, Hilo. which by some mistake /
was treated both as q Crown and q
land.
Il Is certain that hamehamela /.
III. and the able men who composed /
bis Council. and who laid the foun- 4
laoOn Of the tenure of real estate .
now existing. understood their own
work better than reacuonaries OF & /
aUer generation. The powers dele
gated 10 the Land Commission were
conferred by the Nation, King. /
Mobiles and Commons, the latter
icing as yet but imperfectly repre-
ented. The titles finally patented 4
.manated not from the King as an /
but Us representative Of /
he Government. 1t cannot be pre-
ended that lie alone gave the people I
heir ~kuleanas. for example. or
hat the caur1 t1tig7 either in land or
money was paid 10 him. 1t was for
be common benefit. to endow 2 Na-
ional Government. that both the
ling and the Mobiles voluntarily
eded part Of their lands TO the Gov
rnment. and the kuleanas were
iye1 by the chiefs as much Is by
be King
It Is true, indeed. that IL such q
eriod Of transition. the true theory
: the revolution taking place was
ot clearly understood by the ma
lrity Of those concerned IN II. and :
nat inconsistencies may be found in {
lme Of their acts. But, IN the view {
ED by the master spirits OF that 7
eaceful revolution. the Government
apresents the Nation, including all
le parties that divided the land. I
,rmerly held in common, and the :
therefore. 50 TO speak. {
.e residUary legatee. At the same {
me. the Minister OF Interior Is en-
9wered by law 70 dispose Of land ii
,rtsin gases by quit-claim deeds, [
, otherwise. by way OF c0mprO- :
isa or equitable settlement Of the 7
ghts OF claimants. and has e1er- )
sed this right, notably II the case ;
the unassigned lands Of OleI0- I
cana and Papa ,. IN South Kona, D
avail. e
The case Of certain lands ike IA il
aakakai. Nolokai. may be similar v
the above. and II they are claimed :
7 benevolent OF charitable PUP :,
'SeS. Il ! probable that the Le.is
ture would authorize the issuing Of "a
n. -. = - r--....-.- ~ :