Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-09-30
LAND SALES Are ILLEGAL.
Continued from Page 1.

sup W Oil puOllc, OOvern ment, or
Crown lands, public buildings or
edi6ces, porte, harbors, military
equipment, and all other public
property of every kind and de.
scription belonging to the Gov
eminent of the Hawaiian Islands,
together with every right and APP
purtensnce thereunto appertain-
iDg."
And the resolution following
this pr.ample resolves:
THAT said cession is accepted,
ratified and confirmed. and that
the said Hawaiian Islands aud
their dependencies be, and they
are hereby, annexed as a part of
the territory of the United States,
and are subject 10 The sovereign
dominion thereof, and that all and
singular the property and rights
hereinbefore mentioned are vested
in the United States of Amer
ica."
This language expressly recites
the cession and transfer to the
United States OF the absolute fee
and ownership of all public Gov
eminent or Grown lands, and all
other public property of every
kind and description belonging to
the Government of the Hawaiian
Islands.
The resolution of. annexation
further provides:
The existing laws of the
United States relative to public
lands shall not apply to such lands
in the Hawaiian Islands; but the
Congress OF the United States
shall enact special laws for their
manage nent and disposition.
provided, that all revenue from
or proceeds Of the same, except as
regards such part thereof as may
be used or occupied for the civil,
military, or naval purposes of the
United States, or may be assigned
for the use of the local Govern.
ment, shall be used solely for the
benefit of the inhabitants of the
Hawaiian Islands for educational
and other public purposes"
The effect OF this clause is to
subject the public lands in Hawaii
to special trust, limiting the rev
enue from or proceeds OF the same
to the uses Of the inhabitants of
the Hawaiian Islands for educa-
tional 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
Congress the sole aud absolute
authority to provide for the man.
agement and disposition of these
lands. The effect OF the language
quoted is to vest in Congress the
exclusive right, by special enact.
ment, to provide for the DISPOSE :
ton of public lands in Hawaii.
Possibly such would have been
the effect of the resolution even if
this language had not been insert
ed. But the language having been
expressly inserted, there can be
no doubt whatever but what the
effect of the resolution is to de
prive the local Govern m emit of Ha-
wall of all authority to dispose Of
these lands in any manner what
ever, except by virtue of special
laws enacted by Congress. The
fact that Congress has failed up to
this time to legislate on the cub.
ject has not reinvested the Hawai-
ian Government with its former
power OF disposition. That power
ceased upon the cession. The
lands then became the property of
the United States, and could be
disposed OF only in accordance
with the laws OF Congress. Until
Congress passes laws in conform
ity to the provisions of the resolu-
tion providing Tor the sale or dis.
position 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, Judi.
cial, and military powers exercised
by the officers of the existing Gov
ernment in said Islands shall be
vested in such person or persons
and shall be exercised in such
manner as the President of the
United States shall direct" does
not refer 20 or affect this subject.
1t relates only to the ordinary in
ternal administration of cisil, judi
| cial and military affairs and doas