The San Francisco call., 1899-03-25

rival dvnasties and the influence OF a
dominating race.
All Of these incidents will form chap
+ers in the inquiry that will determine
once and for all whether Queen Lfliuo-
lxaIani or the Government of the United
States owns the crown lands of Hawaii.
The testimony in this great case be-
tween a woman and nation will begin
with the story Of a conquest. Early in
this century the Hawaiian Islands were
conquered and their people subJugated-
That was before the missionaries came
and the conquered people were allowed
to hold the lands they occupied as fiefs
under a system similar to that or the
feudal ages. Possession was at the
pleasure of the King and in considera-
ton of certain services. The conquer
ors set UP their King in the person OF
Kamehameha I, known then and now
for his success at arms as the Napoleon
Of the Pacific. With this monarch a
new dynasty was created and in this
DYNASTY the crown lands of Hawaii find
their origin.
For over forty years there happened
nothing that bears materially upon the
history Of the crown lands. The people
of the islands held their lands as ffefs,
and questioned neither the right of the
King nor the justice Of his acts. In the
early forties, however, the then reign
ing Kamehameha determined to effect
a sweeping reform and to apporton
eouftably all the lands Of the kingdom
which he owned by virtue of his abso-
lutte power.
A land commission was appointed and
decided to make three great divisions
of the land Of the kingdom. The ma
tives that held bona f1de holdings as
f1efs were given absolute deeds Of own
ership to the property they held in con-
sideration Of certain awards to the
Government. In this way the natives
passed from the condition of vaSsals to
that of freemen and their property was
transferred from fiefs to unincumbered
holdings.
The second division constituted res
ervation of certain tracts Of land to the
Government to be known as Govern
ment lands and to be used exclusively
for the benefit of the Hawaiian Govern
ment. These lands may be rented,
leased or sold, as the governing COM
mission, in it's discretion, may decide.
1ne InlTu anu last ldOOI VI liiS A1dlld
Commission of the Kamehameha was
the creation of the crown lands. Ger
tain tracts Of land were set aside for
the exclusive benefit of the crown for
the support of the reigning sovereign.
1t is in this connection that the critical
point in the controversy between Lili-
uokalani and the Government Of the
United States arises.
It was specifically provided that these
crown lands could not be sold nor in
any way alienated from the purpose
for which they were created. They
could be rented, and are now rented.
in large measure, for heavy rentals.
They could be leased for TO longer
period, however, than twenty-five
years These provisions show clearly
that the crown lands were to remain
intact for the benefit of the crown.
The next provision and one vital to
the issue between Liliuokalani and the
United States Government is that the
reigning sovereign was to receive only
the revenue of the crown lands. No
where is it provided that the crown was
| to be given absolute possession or n
property right in fee simple to the