The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-31

rovement of the navigation and use of the waters or when
parcels disposed without impairment public
interest in what remains than abdate it police powers
IN the administration of government and the preservation of
the peace the of government the of such
powers may for limited period be delegated municipality
other body but there always with the the right
revoke those powers and exercise them direct
ner, more confornable wishes SO with
connected with public property property of special char
acer like lands under navigabe waters they be placed
entirely beyond the direction and control of the
ANY grant of the kind necessarily revocabe and the
of the trust by which the property held by the state
be resumed at any time Undoubtedly there be
penes incurred in improvements made under such grant
which the state ought pay but be that the
the judges best is think,
ncontroverbl. The position advanced by the railroad
pany support its claim the ownership of the submerged
right wharves piers and docks
pleasure for It's business in the harbor of Chicago would
place every habor in the country the mercy of majority
of the legislature of the in which the harbor is situated
I'VE it is true cite any authority where grant of
this kind has been held invalid for believe that instance
exists where the harbor of city and its have
been allowed pass the control of private corporation
But the decisions which declare that such property
is held by the by virtue of Its sovereignty in trust for the
public The ownership of the navgabe of the harbor
of the lands under them subject public the
whole people of the state.'
The people Hawaii hold the absolute rights all its nav
gable and the soils under them for their
See Martin W0dde, 16 Pet. 40 The lands under
the navigable and around the territory of the Hawai-
held in the public of navga-
Stockton Baltimore 6 n. Y. r. r. 30 Fed. Rep ..
It will be noticed that in the opinion of the X. Il. Illinois
above quoted from the JAG Z. S. exception mentioned
the nalenable of the right submerged
lands The comedies that the grant parcels of
land under navgbe that be used for foundations of
piers, whaves, &c. in order to uberve the public inter
and which do substantially impair the public interest in
the lands and remaining The also observes that
there be repeaabe in of property
ranor disregard public trust which he bound
hold and manage it (p 1907
Let consider whether there is in the before
grant direct implied by the legislature the under
Legislative authority the defendant of the navigabe
of Honolulu harbor Neither the charter of the defendant
pany the with the make the grant
express contended
ue Chap 43 Sec g. Civil Laws gives the defendant the right
enter upon all such lands shall be required for the
ton maintenance and operation of its road and Sec pcrb
the notice of land of the defendants intention
take such lands concludes follows: For the purpose of
cevng such notice the Minister of interior shall be deemed
of such land We opinion that. the words
above quoted ought be construed than their
fair import The right of condemnation of property only
be used for public purpose and the line of the railroad by
subject the approval of the executive If the lines
go lands of the and approves of the location
then it its land being taken and the minister the
appropriate person receive notice in order that he
for the damages in compensation.
But it claimed that the location of the terminal division
the defendants railroad includes portion of the land under
navgable and unconditional approval by the
ecutive council.
What is the evidence this point!
Negotiations plaintiff and defendant the
terminal division of the Oahu railroad began in 1899
The correspondence voumnou and only make
from it.
In July 1889, the defendant passed resolution for Its
na division extending deep the westerly side of
Honolulu harbor submitting the plan the Cabinet for its
approval
July Goth the defendant Minister of the Interior
bv