The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-29

to the President, on which this order
was made. was based on a letter of
inquiry sent to the President by the
Acting Secretary of the Interior, dated
August "a, 1899, and was referred by
the President to the Attorney Gener-
al.
The letter of September l of this
year from the Hawaiian Government,
explaining it's action, was, therefore,
not received before the Executive Or
der, which is published today, was
made, or before the Attorney General
had written his opinion.
The letter of September /, 1899, is as
follows:
Honolulu, Sept. /, 1899
Sir: | am requested by the Presi-
dent to acknowledge receipt of your
letter of August 4th, referring to a
protest of certain persons in Hawaii
against a contemplated opening of
tract of public land for settlement
with a copy of such protest, and to say
that under instructions from the Sec
retary of State, dated September s.
1898, this Government has continued
the operation of it's land laws, as be-
fore, as is shown in detail in Appendix
B, enclosed herewith, which does
not, however, include ordinary leases.
The instruction referred to was in
answer to the following question:
Should not President Dole continue
to execute land patents and deeds in
the ordinary dealing with Government
lands under the Hawaiian lands laws?"
q mi iC oil
Resolution provides that land laws
of United States shall not apply to
public lands in Hawaii, and that mu-
nicipal legislation of Hawaii generally
shall remain in force. Mr.. Dole may
for time being sign as President of the
Republic of Hawaii"
A copy of all the questions asked at
that time august 6, 1882 and the
answers thereto is enclosed herewith
as Appendix a
1t is felt that the above instructions
were of important value to the inter
ests of this country, as the cessation
of all land transfers by the Govern
ment would have caused great distress
and pecuniary loss to many private in
dlv1dualS and to few corporations,
and have brought the Government pol
icy of settling individuals on small
By reference to Appendix "B' it will
be found that out of the total OF 149
transfers there are but II cash sales,
most of which were made to sugar
corporations. All of the rest, except
an exchange for road purposes, were
made to small holders, most of whom
were living or intending to live on the
lands so transferred, and all for a part
consideration of Improvement Or resi-
dence or both.
It is hardly necessary to call your
attention to the serious embarrass-
ment which all of these parties would
suffer should it be decided that all of
the instruments by which they hold
their lands are unauthorized.
While the Government has no doubt
of its authority for the transfers men
toned, and for generally executing the
land legislation of Hawaii, it has put
off the sales protested against until
the 4th of November next, in order to
give time for an expression from
Washington before finally acting upon
the matter.
1 have the honor to be, sir, your obe-
dient servant,
E. A. MOTT-SMITH.
Minister OF Foreign Affairs.
AS bearing on the question the proc
lamation of the President, issued on
the day OF actual annexation, is
again published:
PROCLAMATION
August y, 1898
To the Government and the People of
the Hawaiian Islands:
By the terms OF the Joint Resolution