The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-02
THE OPINION OF THE COMMISSION.

The views of the Congressional Com
mission are of value, in connection
with the discussion Of the Presidents
order cancelling land sales.
When the Commission was in ses-
sion here. the matter of disposing of
the sale of public lands came before
them. Senator'S Cullom and Morgan
and Representative Hit were aware of
the fact that sales of public lands had
been made by the government since an
nexation and at no time did they init
mate that such sales, under the New
lands Resolution would be void. On
the contrary, several persons from
Washington, connected with the Com
mission, desired to buy parcels of the
public lands, and one OF them is now
connected with one of the railway COM
NAMES. which must suffer, if the Pres
ident's order is executed. 1t was ac-
cepted by the Commissioners, without
even discussion, that the land laws of
Hawaii were still in force.
Several able lawyers who were called
rpon to advise in the matter of the
validity of titles, granted under the
Resolution, refused to pass them. This
they would naturally do, because any
Interpretation put upon the indefinite
provisions of the Resolution, by the
President or his advisers would have
no effect in making good title, before
any court The Resolution did not give
the President the power to finally de-
eide any question OF title. Even if the
clared such sales to be good, the Fed
eral courts might hold them to be void,
and their judgment would override
that of the Executive.
The validity of these titles viii re-
Emain in some doubt, until the laws
governing Hawaii have been passed,
Ahe Federal courts have been establish
ed here, and the subject has been con-!
sidered by the courts and adjudicated.
An important fact in reaching a con-
EclusiOn on the subject is that while
Ehe Federal government has assured
The national debt of Hawaii, to the ex-
tent of 100000 it has made no pro-
Vision for over year, for it's payment
Or the payment of the interest upon it.
~ Federal court will certainly hesitate
10 hold that the Federal government
I'm "hang up it's obligations to pay
|hn& debt, and at the same time forbid
y Territorial government from SELL
g lands, or otherwise disposing of it's
pperty to meet either the principal,
interest upon that debt. Such
blsiOn might seriously embarrass
credit of the government, if Con-
- should delay action upon the en-
nent of laws for the government of
Territory.
his important phase of the question
not considered by the Attorney
oral 1t should be brought to his
0tion at once.
MS case illustrates the reason why
opinions of the Attorney-Generals
the United States, and the opinions
mt, have not had large weight before
10 Supreme Court In many cases,
1y have not had all of the facts be-
IRE them, nor, when they have had
hem, have there been exhaustive ar
1uments presented to them by both
rides of controversy.
Even if, with a new presentation of
Gh9 case before him, the Attorney
4eaeral reversed his opinion and the
President directed the sale of public
lands to proceed, the validity of these
titles would still be in sa11fzIi 0(
cause the words of rs LIN Nv
obscure. -tN-IX INN