The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-03-04

NAFN~lAANAt vic AllAkrONihs " ktfNNtNCc
tor the securing u GnoccUpscd land tr0m
which the teacher Is % yet his support
with reversioh II the land 10 the Ali
l'king' translated in the English YER
Slon, (''Government'') in case ne teacher
CEASES 70 act Is such. Provision is also
made Tor the building ot school houses
by compulsory labor ~ the people.
\ later Act II 18Th MAY, lS4s, made il
criminal offence for land agent
.konohikll 70 refuse or withhold land
when applied Tor by the General School
Agent in accordance With The School
law
The next statute VAS passed in lS46 in
the general acts organizing the Govern
ment, statutes u lSl6 (vol !, y. SNl4l.
Among the provisions Of this law is one
that the general superintendent OF each
school shall have power 70 allo; land,
not otherwise Appropriated, 10 the teach
erS ami u the schools u their respective
district Subdivisions" "Ail land so set
apart shall be registered IS school lands
IN the Interior Department, and shall be
eonSidered IS Ss, apart 10 elsemosynary
ases, - and the teacher Tor the time being
had the use. OCCUPANCY and usufruct Of
-~-C AA-ANAs hAAANA A-cSr4 ~ LIS SUI
csSSo-. Section "a u this act pro-
vidss ,hSt the general supsrintsn-
dent q each district shall, under the
direction Of the Minister Of Public In
scructiOn, indicate the site Tor Sll school
houses"
We must bear in mind that il wSs not
until the organization Of the Commission
10 Quit Land Titles, which was accom-
pliShed by the general statutes Of 1876,
he chiefs Snd people had any titles 10
land; and il was no, until lS4S that the
MShels OF great division VAS made oy
which the interests OF the King, chiefs
Snd people IN the lands Of the Kingdom
were separated, followed by the final set
q the King ceiing 70 the Government s
portion OF his reserved lands
This review Is necessary 20 the proper
understanding OF the scr Of July 9, 1880,
which repealed the school lSw Of 1916.
Section I Of the set Of 1850 Is relied on BY
the defendant IS the foundation Of its
title 70 the parcel OF the land in question.
Ii reads "AIl sites for school houses and
houses for public worship, now occupied
and In use and not owned BY private pSr-
ties; Sni all lands connected Herewith,
= 2-4-C4 CklAkCL ~ kAAC u "
Individuals. chiefs Or landlords, with
vlsw % promote the interests Of eduea-
tiOn " religion, shall De reserved as
Government property, devoted 10 the
purposes above mentioned; the amount
u land reserved for such sites, however,
not 70 exceed two acres IN each case; and
in case the adjacent lands are sold or
leased, such lands shall nos be included. {"
Inc Land Commission Was II active ex-
Isrsncs 81 the time this Act WAS passed
Snd Was not inslly dissolved until March
81, 1855, aud this Act may properly De
regarded IS in fGrther2nee OF the general
scheme Of settling land matters, Is well
as providing for the education Of the
people
The section Of the Act Of 1850 above
quoted clearly coutenplStes that sites for
school ho1Ses and houses for public vor-
snip were occupied and in use at the
date q the SCI. and we have seen thSt
this taking Of and for such purposes was
authorized by the early laws These
sites, IS well Is the lands connected
Herewith, were 70 De reserved IS Gov
eminent property devoted 70 the uses Of
education O religion.
The claim cannot well De made that
ghsn the owner Of the land, De ne King,
chief Or private Individual OF the Govern
msnt, out Of which these sites were
taken, sold o. leased the land that the
site passed oy the conveyance u demise
unless expressly excepted II WAS not
necessary TO except them IN the convey
4aee for the lzE excepted them Inc
safe had taken these sites, not exceed
IN two sores II extent, wherever It SSs
deemed desirable, throughout the King
dom, BY = quasi right Of eminent do
main, and reserved them Is Government
property devoted 10 the purposes q edu-
cation, II they were sites u school houses,
and q religion, # they were sites OF
houses OF worship, and their alienation
IS fOrbiilsu- We zre thus led IrreslSt-
IoIy 10 the conclusion Of law. inst, II the
parcel Of Land N controversy Was, at the
iz1e q the Act II $50, occupied and II
use - : site f0r : Sch0oL house, II il not
and e91Ld not pass ID GTUosu ~ the
lease q kzmsh7ueh2 III Of March Z,
1855.
Il L urged thxt the title 10 the lot IN
L not controlled by this Act
because sites f0r school houses owned
oT private parties" are exempted iron
the operation q the Act. znd IS Kane
hzushz III owned the land Of POkii, he
A. = private party" would Own the
s,.6OoI ste within its boundaries, unless
: written grant Of the lot from him De
shown We regard this argument IS III
s1uni- The sites Of school houses con-
tsupLzte-i 6Y the Act we're thOse f0E the
public scaOoLs supported BY the
uzti11, zui the clause -'znd not
Owned by private parties" Vas intro
t1cei f1r the purpose u excepting pri-
Tzrs schools, OF whieh there are few
Instances mainly Ii Honolulu, from the
q the Act. When the site Ess
taken uufsr the Aets q IS4l u 1916, far
: public school, Section Z oi the Act Of
$50 applies ID Il
The Act re91rei the sites Of school
horses u hoCses f1r public worship then
N 0ccupaEi1a, refsrrp7f ID II Section :, o.
thereafter, ID be taken fOr school house
s5-ss, referred ID II Section 9, 10 be SUI
Tsrsd Is Eal = the lands connected
there with, and registered N : book. 10 be
deposited II the O6ce d the Minister Of
P1bIie InStrzc1i0a f0c the Use 0f the
Ef-ys= Government the eTpeu=z al the