The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1889-01-22

ADDING the unassigned lands to that
list. The decisions of the Supreme
Court III the case of Kamehameha
Tvs Estate, cited above, and in the
case OF Queen Emma VS.. Commits
siOners or Crown Lands" tried in
January, 1888, fully recognize the
distinction between the Grown Lands
Estate and the other private estate
both real and personal of kameha-
meha III. It was decided in the
former case that 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. G.
Award No. 1O,S06, mot having been
enumerated and made Crown Lands,
were not affected by
statutes relating to Crown Lands"
Leaving, then, to one side the
claim of the Commissioners of Crown
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 as representing the nation
Several considerations tend to show
that the parties who executed the
original Mahele, Kamehameha 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.
It is a significant fact that the
King obtained an award Of the Land
Commission, No. 10,806, 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, lapsad to the
Government, and not to the King. In
the same way the claims of E4ofll-
kis,whose names wRv III me "Mahele
Book" but VII mad failed to present |
their-fa1lns before the last day of |
June, 1862, were declared to have re-
verified to the Go0ernment. Further
more, town lots in default Of heirs
escheat to the Government. (Haw.
Reports. Vol. III, p. 1922 What is
more important is the fact that dur
ing the reign of Kamehameha Ill,
the very lands in question were, as a
class, treated as Government pro
perty, and that many sales from |
these lands were made by the Gov
Royal Patents for which |
were signed by him. About the only |
exception is the case of the land Of |
Puueo, Hilo, which by some mistake |
was treated both as Grown and a
Government land.
It is certain that Kamehameha
III. and the able men who composed
his Council, and who laid the fOun-
dation of the tenure OF real estate
now existing, understood their own
work better than reactiOnaries of a
later generation The powers dele
gated to the Land Commission were
conferred by the Nation, King,
Mobiles and Commons, the latter
being as yet but imperfectly repre-
sented. The titles finally patented
emanated not from the King as an
individual, but as representative Of
the Government. It cannot be pre-
tended that he alone gave the people
their "kuIeanas," for example, or
that the connautdtjon either in land or
money was paid to him. It was for
the common benefit, to endow Ma
tional Government, that both the
King and the Mobiles voluntarily
coded part of their lands to the Gov
eminent, and the kuleanas were
given by the chiefs as much as by
the King.
It is true, indeed, that in such
period Of transition, the true theory
of the revolution taking place was
not clearly understood by the ma
iority Of those concerned in 1t, and
that inconsistencies may be found in
some of their acts. But, in the view
held by the master spirits of that
peaceful revolution, the Government
represents the Nation, including all
the parties that divided the land,
formerly held in common, and the
Governments is, therefore, SO TO speak,
the residuary legatee. At the same
time, the Minister of Interior IS en-
powered by law to dispose of land IN
certain cases by qult-cIalm deedS,
or otherwise, "by way Of compro-
mise or equitable settlement OF the
rights of claimants" and has exer-
cised this right, notably in the case
of the unassigned lands of Olelo-
moana and Papa 2, in South kona'
Hawaii.
The case of certain lands like Ka-
uDol-aIyai NTOlOksi may he similar
to the above, and if they are claimed
for benevolent or charitable pur-
poses, it is probable that the Legis
iature would authorize the issuing Of
a patent to the petitioners.
I submit herewith list of the I'M
assigned lands, together with the
sales or leases of the same, and cases
of adverse occupation are noted
when they exist.
I have the honor to be,