The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-10-03
QUADRIGA OF DEWEY ARCH.

waiian Islands; but the Congress Of
the United States shall enact special
laws for their management and dispo.
sition.
Provided, That all revenue from OF
proceeds OF the same. except as re-
CARDS such part thereof ~ may be
used or occupied for the civil. mill
tary. or naval purposes Of the United
States. or may be assigned for the use
Of the local Government, shall be used
solely for the benefit Of the Inhabitants
Of the Hawaiian Islands for education.
al and other public purposes"
The effect Of this clause 10 to sub.
ject the public lands In Hawaii to q
special trust. limiting the revenue from
or proceeds of the same to the uses OF
the inhabitants Of the Hawaiian ISL
ands for educational or other public
purposes. This merely restricted the
uses to which the proceeds of such
lands could be put. but did not In any
wise affect the previous provisions OF
this clause, which conferred upon Con-
gress the sole and absolute authority
to provide for the management and
disposition of these lands. The effect
of the language quoted IL to vest In
Congress the exclusive right, by spe.
cial enactment, to provide for the dis.
position of public lands In Hawaii
Possibly such would have been the ef-
feet Of the resolution even II this Ian
guage had not been inserted. But the
language having been expressly In
serted. there can be no doubt whatev-
er but what the effect of the resolution
Is to deprive the local Government OF
Hawaii of all authority to dispose OF
these lands In any manner whatever
except by virtue Of special laws enact.
ed by Congress. The fact that Con-
gress has failed up to this time to leg
islate on the subject has not reinvest-
ed the Hawaiian Government with Its
former power OF disposition. That
power ceased upon the cession. The
lands then became the propert.' OF the
United States. and could be disposed
of Congress. Until Congress passes
laws in conformity to the provisions
of the resolution providing for the sale
or disposition OF these lands, they
must remain undisposed Of. That
clause Of the resolution of annexation
which directs that until Congress
shall provide for the government OF
such Islands. all the civil, judicial, and
military powers exercised by the OH.
GERS Of the existing Government In
said Islands shall be vested In such
person or persons and shall be exer-
cised In such manner as the President
Of the United States shall direct
does not refer to or affect this subject
1t relates only to the ordinary internal
administration Of civil, judicial and
military affairs, and does not cover In
any degree or In any aspect the dispo.
sition Of public lands. which IL else.
where provided for in the resolution.
The general principle Of public Law
which governs and controls this sub.
ject, Is concisely stated In the case oil
Harcourt vs.. Gailliard, ~ Weaton, 523:
Those laws OF the former Govern.
ment which have for their object q
certain Governmental public policy. o
which character are laws for the dis
position OF the public domain and thu
granting of quasi public franchises
rights. and privileges to private indi
viduals or corporations. ceased to hav,
any force or effect after the sovereign
| ty of the former Government ceased.
| nave tue uOuOT W huVlbo yOu ina
the local head Of the existing G0veSn
ment In Hawaii should be notified tina
such Government has no power I,
make any sale or disposition of tn
public lands In the Islands; that al
proceedings taken or pending for sucl
sale or disposition should be discon
tinued; and that II any sales or agree
ments for sale have been. made since
the adoption OF the resolution OF an
nexatiOn. the purchasers should be no
titled that the same ere null and void
and any consideration paid 10 the loca
authorities on account thereof sh0ul'
be refunded.
Very respectfully,