The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-09-30
VIEWS OF GENERAL
GRIGGS.
Based Upon Letters of Kickers and
Two-Bit Politicians, Without Refer
ence to Previous Decision

Inc DIOtldnldIlOn OF BGeSluent NC
Kinley in relation to public lands was
based upon an opinion rendered by At
torney-General Griggs. AS was at
first assumed here the latter had mere
ly certain correspondence from Hawaii,
and probably from Honolulu. refeiie {,
by the State Department, to go upon.
As no reference is made to the former
decision and instructions of the United
states Government on the very point.
which seems to be diametrical1y op-
posed thereto, it is plainly evident that
this former correspondence was not
submitted with the later letters for the
consideration of the Attorney General
After going into the subject at some
length the Attorney-General reaches
the vital question i'm his opinion in the
following manner:
The resolution of annexation further
provides:
The existing laws of the United
States relative to public lands shalt
not apply to such lands in the Hawai-
ian Islands but the Congress of the
United States shall enact special laws
for their management and disposition.
Provided, that all revenue from or
proceeds of the same, except as re-
CARDS such part thereof as 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 is to sub
ject the public lands in Hawaii to a
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
I, provide for the management and
disposition of these lands. The effect
of the language quoted is 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 eff
fet J { the resolution even if this lam
gus had not been inserted. But the
lar tge having been expressly in
ser &, there can be no doubt whatever
bus what the effect of the resolution
is u 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-
= 'SN mas ldilct up W lUlS lllllb TO leg
tslate on the subject has not reinvest-
ed the Hawaiian Government with it's
former power of disposition. That power
ceased upon the cession. The lands
then became the property of the Unit
ed States. and could be disposed of
only in accordance with the laws 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 di-
rects that until Congress shall pro-
vide for the government of such Isl
ands, all the civil, judicial. and mill
tary powers exercised by the officers of
the existing Government in said Isl
ands shall be vested in such person
or persons and shall be exercised i'm
such manner as the President of the
United States shall direct" does not
refer to or affect this subject. 1t re-
lates only to the ordinary internal ad-
ministration of civil, judicial and mill
tary affairs, and does not cover in any
degree or in any aspect the DISPOSE
tion of public lands, which is 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 of
Harcourt VS.. Gailliard, IL Weaton, 523:
lHOSe laws OF tne former Govern
ment which have for their object a
certain Government public policy, of
which Character are laws for the dis
position of the public domain and the
granting of quasi public franchises,
rights, and privileges to private indi-
Niduals or corporations ceased to have
any force or effect after the sovereign
ty of the former Government ceased"
| have the honor to advise you that
the local head Of the aXiGtipu
ment in Hawaii should be notified that
such Government has no power to
make any sale or disposition of the
public lands in the Islands: that all
proceedings taken or pending for such
sale or disposition should be discon-
tinued; and that if any sales or agree
ments for sale have been made since
the adoption of the resolution Of an
neXation the purchasers should be no
tined that the same are null and void
and any consideration paid to the local
authorities on account thereof should
be refunded
COIIISA SALVAGE CLAIM