The Hawaiian gazette., 1889-01-29
THE PUBLIC LANDS.

The decision Of the Supreme Court
in Bsnco, recently rendered. decid
ing that al Of the unassigned lands
areGovernment property, settles one
OF the most interesting questions
that has arisen in our Courts.
The report Of Prof. W. D.Alexan
der, Surveyor-General. made to the
Minister Of the Interior prior to the
beginning Of the suit, considers the
subject from the historical point Of
view, and Is well worthy Of preserva-
ton We have therefore obtained
permission To publish 1t. The re-
port Is a follows:
In regard to the subject OF the ua-
assigned loads, referred To me, / beg
leave to report briefly as follows: As
was stated IN my report of March 81,
1886. this question Is increasing IN
importance. and calls for settlement
There are 1lA lands Of this class. IS on
Hawaii, u on MOlokai. , on Lanai
and , on Oahu" The question does
not seem 70 turn on statute law as
much a Oh fundamental principles,
and takes u back 10 the first Organl
Eaiion q constitutional government
on these Islands I shall endeavOr
tomake q brief statement Of the case,
not a. q lawyer. but as q laymau and
a student OF history.
Il j. admitted by all that under
the ancient feudal system. the r'a-
flE II al land belonged 70 the
King. not however, as an individual,
but a. the head OF the nation or in
his corporate right" To quote the
language Of the Land Commission.
The Constitution Of 1910 declares
that the land Of the Kingdom was
not the private property q hameha-
meha / Ii belonged 10 the chiefs
and people IN common. Of whom ha-
mehsmeha / was the lead. and had
the management Of the landed pro
perry Thus al lands forfeited for
nou-paymenT Of taxes reverted 70
him. HIS consent was necessary for
any transfers ot real estate ii the
kingdom. and also for real mort
cages, and for seizure Of land for
debt See Old Laws. p. 49, When
the labor tax first began 70 be regu- !
lated by law. every tenant was re
quired to work one day IL every week
TUESDAY, for the King. and one
day FRIDAY for the landlord. But
tins tax WAS afterwards reduced to
30 days II the year for the King, and
an equal number for the landlords.
tOld Laws, p. - At the same
time. Il : doubtless true that Kane
hameEa III. would not have ven
tured al any time 10 dlSpoSSeSS one
Of those high chiefs whose titles 10
land dated from the Conquest. and
wFo were consulted on all important
affairs Of state
The ideas of nation and Of &
government q distinguished from
the person Of the sovereign were
formerly not understood. and first
began to be clearlyreeognized IN the /
Of 1910 From that 1
time ii was seen more and more
clearly that the King held g tYofold 1
character first IS an individual chief 4
and land holder. and secondly in his /
official capacity = head Of the gov
eminent. Ii was IN this dual char
scter that the Land Commission de-
eided that One-thiri Of the lands In
the Kingdom belonged 10 the King.
L : hardly necessary IN this report
to repeat the history II the Land
Commission and Of the great Divis- /
on or Mahele Of 1S4S 1t was
evident, to quote from the decision /
II the Supreme Court. II the mat
r OF the Estate Of His Majesty IA
". that the lands held /
D. the King a the close q the Ma
lele were not regarded as his pr-
rste property. strictly speaking. /
Even before his division with the
sndlor6s. d second division between /
himself and the Government was
dearly contemplated. and be appears
. have admitted that the lands he
hen held might have been subjected
o a communication II favor Of the
Government IN Ike manner with the :
snds Of the chiefs" And on the
cry day after the "Mahele or d.
ision with his chiefs had closed.
Il. the Sth Of March. 1915. he pro
eeied TO set apart for the use Of :
be Government the larger part Of
Is ROYAL domain. reserving u him
elf what he deemed g reasonable
mount OF land as his own estate
his latter class Il lands he re-
srved for himself and his heirs Tor !
yer" q his own private estate, and
hey are now known as Crown Lands. T,
be word heirs having been de :
Jared By the Supreme Court 70 !,
lean successors TO the throne"
1sw. Rep. Vol. L. p. T25l.
On the It'll Of the following June, !
SIS, the Legislative Council passed
be = Act relating to the lands Of His :,
Isjesty. the King. and these Of the !.
which merely con :
rms and raiities what had already :
cen done BY the King. and desig- /
stsS the several Crown Lands and I.
Government Lands by name As
be whole work Of the ~ATahele7 was .
usbed through to completion in :
NV DAYS. i resulted from undue :
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