The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-09-25
THE LEGISLATURE.
EIGHTY-FIFTH DAY.
WEDNESDAY, Sept. "a.
AFTERNOON SESSION.


The House resumed at lao
o'clock.
Rep. Brown, on the question Of
the crown lands bill being stated,
said he had serious doubts whether
the Legislature had the authority TO
dictate or to prescribe regulations
to the Crown Land Commissioners.
A law was passed in 1872 conveying
the ahupuaa of Waikiki. Prior to
the law of 1864 the sovereigns con-
veyed away crown lands at pleasure.
That law put the lands in charge of
commissioners while making them
inalienable; they could not be sold
in fee simple, but must be retained
as a perquisite of the crown. The
law passed in 1872 was TO settle a
claim to the title of one-half of the
lands in question. The commission
ers allowed to lease the lands for
terms not exceeding thirty years.
Ii the Legislature had the power to
interfere with the administration of
the crown lands, it would have an
equal right to interfere with the
trustees Of the Bishop Estate, a
property that is devoted equally
with crown lands to public uses.
He believed the Legislature of 1872
exceeded its power in conveying the
Waikiki land. While he believed
in the purpose Of the bill, he doubt
ed the jurisdiction of the Legislature
in the matter.
| Minister Peterson, as one OF the
Crown Land Commissioners, said
they had always held that the Legis-
lature did not have the right to con-
troll the crown lands. The Legis-
lature went too far in the law of
1864, and exceeded its powers in
1872 when it conveyed the fee sim-
pie of crown lands. The lands were
the private property-or their in
come was-of His Majesty.
Noble Widemann did not consider
himself much of lawyer, but felt
bound to stand up against the two
lawyers who had just spoken. The
Crown Land Commissioners were
created by the law, and how could
they be above the law Kameha-
meha Ill. left the lands to his sue
cessor, Kamehameha w., and the
latter all his life sold and gave
away the crown lands just as he
| pleased. When Kamehameha V.
came to the throne was it as the
successor or the heir of Kameha-
meha Twp They did not dare to
put that question to the test, hence
the passage of that law. The Ha-
waiian Government had the right Of
dover in those lands, in lieu Of
annual cash revenues to the sover.
eign. The deed was of record. HI
was in the Legislature when the Law
was passed. The Legislature hao
the right to remove the Commits
sioners, therefore ought to have
power to regulate their transactions
Rep. Brown denied that the deco
in question was recorded. 1t wa:
in the Finance Office when last he
had the occasion to look at it, two
years ago, and he then called atten
ton to the fact that it was not re
corded. Kamehameha Y. and Judge
Harris made play on the words
"heirs and successors. Judge
Harris took the ground that til,
King was the successor of Kameha
meha Nv. because the lands passed
to him.
Rep. White sided with Noble
Widemann. If the commissioner
we're regulated by law, there would
not be so much of the crown land
devoted to saloons, and O private
person would not be making $50,
900 year from sub-leases.. HI
moved that the bill pass to engross
ment. Waimanalo was leased TO
$500 year, when they would brinl
much more at public competition.
Noble Widemann said he hat
found recorded the deed of Queer
Emma, conveying all her right, title
and interest in the crown lands, il
consideration of $4,000 year.
Rep. Brown admitted he had beef
mistaken.
Rep. Bush held that the law dit
not give irreyocable powers to tn
commissioners. But the lands wer,
under conditions that made them ia
alienable, and any measure tamper
ing with their title would be un
constitutional. If these lands wer
properly managed he did not be
lieye the Legislature would need t,
vote any money to supply the priv,
purse. II was the duty of the Leg
islature to protect His Majesty, q
we'll as to guard the public interest
Rep. Richard wished to give hi
reagons for opposing the bill. HI
would be against any measure 70
acquiring the crown lands. He wa
satisfied they had no right to legis
late on lands that were individual
property. If they interfered will
the management of this property, i
would be step toward encroachinl
on the rights of ownership therein
Noble Widemann differed abso
lutely, in toto, and every other wa,
from the previous speakers yiev
that the crown lands were the king
private property. There was tn
deed of Queen Emma conveying he
right of dover in the lands to thu
Hawaiian Government. The Su