The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-30


encies be, and they are hereby, an
nexed as part of the territory of the
United States, and are subject to the
sovereign dominion thereof, and that
all and singular the property and
rights hereinbefore mentioned are
vested in the United States of Amer
lea
This language expressly recites the
cession and transfer TO the United
States of the absolute fee and owner
shSp of all public Government, or
Crown lands, and all other public
property of every kind and description
belonging to the Government of the
Hawaiian Islands.
The resolution of annexation turtner
provides:
The existing laws of the United
States relative TO public lands shall
not apply to such lands in the Ha-
waiian Islands; but the Congress of
the United States shall enact special
laws for their management and dispo-
sition.
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
to 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
feet of the resolution even if this lam
guage had not been inserted. But the
language having been expressly in
serted, there can be no doubt whatev-
er but what the effect of the resolution
is t dep.ive 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-
gress has failed up to this time to leg
iSlate 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
United 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
CT disposition 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, judicial, and
GERS of the existing Government in
said Islands shall be vested in such
person or persons and shall be exer-
cised in such manner as the President
OF the United States shall direct"
does not refer to or affect this subject
1t relates only to the ordinary internal
administration of civil, judicial and
military affairs, and does not cover in
any degree or in any aspect the dispo-
sitiOn 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, II Weaton, 523:
Those laws of the former Govern
ment which have for their object a
certain Governmental 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-
viduals 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 existing Govern
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
titled that the same are null and void,
and any consideration paid to the local
on account thereof should
Be refunded
Very respectfully,
JOHN w. GRIGGS.
Attorney General.