The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-09-25
Afternoon Session.

Rep. Brown had serious doubts
whether the House had the authority to
regulate the action of the Crown Land
Commissioners. 1t is true that it has
sometimes exerted authority over them.
The title to the lands was vested in the
Crown Land Commissioners by the Act
of '64. Whether that Act was constitu-
tional or not need not be settled here.
In 1882 the Legislature authorized the
Commissioners to convey the Ahupnaa OF
Waikiki. Under the Act of 1864, the
Commissioners can make leases not to
exceed thirty years. The Act did not
reserve to the Legislature any power OF
control over the Commissioners.
Whether it has any such power l seri-
ously doubt. If this Legislature has the
power to regulate the action of these
trustees, why cannot it regulate the ac-
ton of the trustees of the Bishop Estate ?
The Commissioners are trustees for a
private estate, viz, that of the reigning
Sovereign for the time. | think the
Legislature exceeded its power in the
Act of 'S2. | am on the fence, and do
not know whether to vote for the bill or
not
Minister Peterson - As one of the
Crown Commissioners he desired to say
a few words. The Crown Commissioners
had always denied the right OF the Legis-
lature to interfere with their action, and
he believed that even the Act of 1864 eX-
ceeded the powers of the Legislature.
The lands are inalienable, and the in
come from them is the private property
OF the Sovereign.
Noble Widemann- Not feeling myself
a lawyer, yet must stand up against the
two lawyers who have just spoken. These
Commissioners are made by the law,
| they are the creatures of the law. How
can they claim to be above the law, and
refuse to do what the law tells me? As
| to the history of the Crown Lands, | have
seen and lived along with good deal OF
| it. Kamehameha Ill. regarded the lands
| as his own, and they were, He sold and
mortgaged them just as he pleased.
| When Kamehameha ". died, there was
a peculiar situation. The question arose,
who was the heir? Previously the heir
! and the successor had been the same
| person. The Court decided that the lands
| were Crown property, and yet the Court
gave Queen Emma a right of dover.
| believe the lands are now partly the pro-
| perry of the Government and partly OF
| the Crown. The Government can do
| what it will with the Commissioners
make them three or dozen. In 'S2,
| the Legislature ordered a railroad to be
| given for Crown land at Waikiki. As
| matter of theory, believe the Legisla-
| ture has the right to deal with the mat
| ter. AS to the merits of this bill, that is
| very different matter. | don't feel any
| particular desire to control the Crown
| Commissioners. 1t is matter for the
Legislature to decide.
Rep. Brown thought Noble Widemann
would admit that where Court gave a
widow dover, the fee is presumed to be
| in the husband.
Rep. White agreed with Noble Wide
mann. The revenues OF the Crown
Lands would be very greatly increased
if law were passed directing the sale oil
leases at auction. Leases would no
longer be made out in saloons, but in a
regular manner. He moved the bill
pass to engrossment.
Rep Bush thought there was no doubt
| the Grown Lands were public domain.
! Ii they were properly administered, it
would not be necessary for the House to
provide for His Majesty Vast profits
were made out OF them by the lessees.
| He hoped the House would support the
bill.
Rep. Richard intended to vote against
the bill, and he wished every Hawaiian
to understand why He did not favor
any interference with the Crown Lands,
and had taken that stand before the
election. 1t was very clear to him that
| the House had no more right to NEEDLE
with the private property of the Crown
than any other private property. This
bill was step in that direction.
Noble Widemann said the hon. mem
Der who had just spoken said this was
undoubtedly the private property OF the
Crown. He differed from the hon. gen.
tleman in toto, point blank, absolutely,
etc. The Government had Queen EN-
mas interest, ii nothing more. He was
entirely opposed to depriving the Crown
of any of its rights The House might
refuse to pass the bill because it will.not,
not because it cannot.
Rep. Knudsen thought NOBLE Wide
mann's view was entirely correct. This
bill was useless because the commission
ers are appointed by the King, and do
not lease the lands without his consent.
Rep. Il. w. Wilcox said If the bill did
not suit His Majesty he could veto it .
He thought the bill would do good, and
result in an increase of income
Rep. Kapaehaale said the bill implied
a want of confidence in the Crown Lands
Commissioners. 1t implied further that