The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-12-07

1--WE oFdef, bearing date OF Septembe
II, 1899, you directed: That all pro
ceedings taken or pending for the sal
or disposition OF public lands in III,
Hawaiian Islands shall be discohtin
ued; and that if any sales or agree
ments for sale of said public lands hayt
been made since the adoption of tn,
resolution of annexation the purchas
ers shall be notified that the same ar,
null and void and any consideration
paid to the local authorities on ac
count thereof shall be refunded.
This order was issued in conformity
10 an opinion rendered to you by nv.
self on September 8, 1899, wherein the
power of the local Government OF Ha.
wall TO make sale and disposition o.
the public lands in the Hawaiian Isl
ands was considered and the conclu-
sion was reached that upon the APPROX
al OF the resolution of annexation those
lands became the property of the
United States and could be disposed OF
only in accordance with the law OF
Congress.
| am now put in possession by you OF
4 communication, with accompanying
documents, from Hon. Alfred S. Hart
well, Special Agent of the Government
of the Republic of Hawaii in Washing
ton, wherein he requests, on behalf OF
President Dole, a reconsideration of
your Executive order of September II,
1899. You have requested me to exam
inc and hear for you the questions in
volved and the views of the represen-
tatives of the local Government OF Ha-
wall, and to advise you thereon.
There are several grounds of objec-
ton 70 the legality and propriety of the
order of September II, 1899, which are
raised on behalf of President Dole. l
will state them and consider them in
the order in which they are offered.
In the first place, it is contended that
the provisions of the resolution of an
neXation. taken in connection with the
failure of Congress up to the present
time to pass any special laws concern
ing the management and disposition Of
the public lands of Hawaii, show that
it was intended by the two Govern
ments that, pending Congressional leg
islation. the existing Government of
the Hawaiian Islands should continue
10 administer its public lands laws.
This contention is based principally
upon that clause of the resolution
which declares that the municipal leg
islation of the Hawaiian Islands not
enacted for the fuifillment of the treat
les so extinguished, and not inconsist-
ent with this joint resolution, nor con-
trary to the Constitution of the United
States. nor to any existing treaty of
2 h nit Stof ho1 1anr in
force until the Congress of the United
States shall otherwise determine"
This contention was adversely dis
posed of by me in my opinion Of Sep
tember 8, 1899, an appropriate portion
of which l here repeat:
1T is only necessary to refer 10 the
language of the resolution and to the
principles of public
law which govern the subject Of terri
tory coded by one government to an
other. to reach the easy conclusion that
the public lands in the Hawaiian ISL
ands. upon the approval of the joint
resolution of cession, became the
property of the United States, and could
thereafter be disposed of only in ac-
cordance with such special laws as
preamble of the resolution declares:
Whereas the Government of the Re-
public of Hawaii having in due form
signified its consent, in the manner
provided by it's Constitution, to cede
absolutely and without reserve to the
United States of America all rights of
of whatsoever kind in and
over the Hawaiian Islands and their
and also to cede and
to the United States the abso-
lutte fee and ownership of all public
or crown lands, public
or edifices, ports, harbors,
military equipments, and all other
public property of every kind and de-
scription belonging to the Government
of the Hawaiian Islands. together with
every right and appurtenance there
unto appertaining."
And the resolution following this
preamble resolves:
That said cession is accepted, rati
fed. and confirmed, and that the said
Hawaiian Islands and their dependen
cies be, and they are hereby, annexed
as a part of the territory of the United
States and are subject to the sovereign
dominion thereof, and that all and sim
gular the property and rights herein
before mentioned are vested in the
United States of America"
This language expressly recites the
cession and transfer TO the United
States of the absolute fee and owner
ship of all public, Government, or
crown lands, and all other public prop
arty of every kind and description De-
longing to the Government Of he Ha-
waiian 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
heir management 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 ma
val purposes of the United States, Or
nay be assigned for the use of the To-
,al Government, shall be used solely