The Hawaiian gazette., 1890-09-30
Afternoon session.


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 Ahupuaaof OF
Wailuku. 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 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 Tor a
private estate, viz, that of the reigning
| Sovereign for the time. l think the
! Legislature exceeded its power in the
| Act of 50. l 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
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
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 LII. regarded the lands
as his own, and they were. He sold and
mortgaged them Just as he pleased.
When Kamehameha ~. died, there was
peculiar situation. The question arose,
who was the heir? Previously the herr
and the successor had been the same
person. The Court decided that the lands
were Crown property, and yet the Court
gave Queen Emma right of dover.
believe the lands are now partly the pro-
perty OF the Government and partly of
the Crown. The Government can do
what it will with the Commissioner
make them three or dozen. In 80,
the Legislature ordered a railroad to be
given for Crown land at Walluku. As
a 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
a very different matter. don't feel any
particular desire to control the Crown
Commissioners. 1t is a 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 y
mann. The revenues of the Crown
Lands would be very greatly increased
if a law were passed directing the sale of
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 Crown Lands were public domain.
If 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. Rickard intended to vote against
the bill, and he wished every Hawaiian
70 understand why He did not favor
any interference with the Crown Lands.
md had taken that stand before the
election. 1t was very clear to him that
he House had no more right to meddle
With the private property Of the Crown
nan any other private property. This
dill was a step in that direction
Noble Widemann said the hon. mem-
Der who had just spoken said this was
n nr1h afit fI.r.r
jrown. He differed from the hon. gen
leman in toto, point blank, absolutely.
tic. The Government had Queen EN-
mas interest, if nothing more. He was
ntirely opposed to depriving the Crown
# any OF its rights. The House might
efuse to pass the bill because it will.not.
lot because it cannot.
Rep. knudsen thought Noble Wide
nann's view was entirely correct. This
Ill was useless because the commission
rs are appointed by the King, and do
ot lease the lands without his consent.
Rep. K. w. Wilcox said If the bill did
OF suit His Majesty he could veto if.
ie thought the bill would do good. and
esult In an increase of income.
hep. Kapaehaale said the bill imnl;ad
want OF confidence in the Crown lands
commissioners. 1t implied further that
e could do anything we like with the
rown Lands.
The bill passed to engrossment to be
'ad Tuesday.
Second reading Of Bill 122, to enable
lgar plantations to introduce laborers
ON abroad.
Inc Dill was read by title, and referred
she Committee on Commerce..
Noole Cra6be moved Bill 124, concern
z importation OF live stock. Lost,
second reading of Bill 123, to provide
dlcial circuit. VIC 7econu
Inc bill was read by title and referrad
the Judiciary Committee. ''ieu
second reading Of Bill I27, to abolish
E e ONCE OF Auditor General.
Inc bill was read by title.
stponed uenni'eiy
Judiciary Committee. '-U ~