The Hawaiian gazette., 1899-12-08
IAE LANO ORDER.
Attorney General Griggs
Re.afiirms.
Pull Text Of t4io Latest Opinion
Os,lvsreo 70 President Nc.
kinney.
Department Of Justice, Washington.
i. d. C., November q. 1899.

tive order, bearing date of September
II, 1899, you directed: That all pro-
ceedings taken or pending for the sale
or disposition OF public lands in the
Hawaiian Islands shall be discontin-
ued: and that II any sales or agree
ments for sale OF said public lands have
been made since the adoption Of the
resolution Of annexation the purchas-
era shall be notified that the same are
null and void and any consideration
paid to the local authorities on ac-
count thereof shall be refunded.
This order was issued In conformity
TO an opinion rendered to you by my
self on September 3, 1899, wherein the
power Of the local Government of Ha-
vail to make sale and disposition of
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
communication. with accompanying
documents, from Hon. Alfred 8. 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 to the legality and propriety OF the
order Of September II, 1899, which are
raised on behalf of President Dole. |
will state them and consider them In
the order In which they are offered.
In the first place, II 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
1t was intended by the two Govern
ments that, pending Congressional leg
islation, the existing Government OF
the Hawaiian Islands should continue
TO 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 fulflllment 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
the United States, shall remain 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 3, 1899, an appropriate portion
of which here repeat:
1T Is only necessary to refer 10 the
language of the resolution and to the
well-understood principles of public
law which govern The subject of terri
tory ceded 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 join
resolution of cession. became the
property of the United States, and could
thereafter be disposed of only in &c.
cordance with such special laws as
Congress might thereafter enact. The
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 its Constitution, to cede
absolutely and without reserve to the
United States Of America all rights OF
sovereignty Of whatsoever kind In and
over the Hawaiian Islands and their
dependencies. and also to cede and
transfer to the United States the abso-
lutte fee and ownership OF all public,
Government, or crown lands. public
buildings or edifices, ports, harbors,
military equipments, and all other
public property OF every kind and de-
scriptiOn belonging to the Government
Of the Hawaiian lslsnds, together with
every right and appurtenance there
unto appertaining."
And the resolution following this
preamble resolves:
THAT said cesslon Is accepted, rati-
lied, and confirmed, and that the said
Hawaiian Islands and their dependen-
eies be. and they are hereby, annexed
as o 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 recltes the
oession and transfer 70 the United
States OF the absolute fee and owner
ship OF all public. Government. or
crown lands. and all other public prop.
.rty OF every kind s,d description no
longing To the Government of he Ha-
waiian Islands.
The resolution Of annexation fu.thor
provides!
The existing laws Of the United
States relative 10 public lands shall not
apply 10 such lands In the Hawaiian
ls.andfi nut the Congress OF the United
States shall enact special laws TOT
their management aud dispOhit.Ol|
Provided, That all revenue from on
proeeedl ~ the same, except as regards
such part thereof AZ may be- used Or
occupied for the ci,il, military, COZ IA,
val purposes VI the United States, OF
may b. assigned for the u6e Of Me 10.
eel Ooyernment, shall b. used solely
l0g Tbs bsnSGt VI The lDlabltants al lh,