The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1899-08-29


Hilo. Hawaii.
Notice is hereby given to the commits
sioners of Public Lands, to j. f. Brown
agent, and f. ID. Baldwin subagent of
Public Lands, for the Government of
Hawaii, and to all persons acting
through or under them or either for
them; and to all intending purchasers
at a certain sale of Public Lands ad-
vertised in several newspapers publish
ed in the Hawaiian Islands, to take
place on Saturday, September 3 1899,
at 10 o'clock a. m. at the court house,
Hlo, Hawaii. Which lands are therein
described as:
About 800 lots of 80 acres each in the
New Olaa Tract recently surveyed" All
of which tract is public lands lately
coded by the Republic of Hawaii to the
United states of America.
That said proposed sale is unauthor-
lied and without authority of law, that
said sale has not been ordered or au-
UhOrized by the Congress of the United
States, of which the Hawaiian Islands
is now and has been since the 18th day
of August, 1898 a part subject to the
sovereign dominion of the United States
and the title of which lands is vested in
the United States. That the President
of the United States has not ordered or
authorized SuCn safe.
That such proposed sale is in direct
opposition to, and in fragrant violation
of an opinion of Willis II. Vandeven-
ter, Assistant Attorney General of the
United States, rendered and of record
in the Department of the Interior at
Washington, d. c., and published in
Washington dispatches under date of
July %, 1899, republishes in The Semi
Weekly Star of Honolulu, under date of
A ~ nd ole in
the Hilo (weekly) Tribune, under date
of August 10, 1899; both of which are
newspapers of general circulation in
the Hawaiian Islands, which said pub
lished dispatches are as follows:
WASHINGTON, July 27.-Assistant
General Willis Vandeventer,
who is the law officer of the Interior De-
partment, today rendered two opinions
of general interest. One request reach
ed him from the War Department and
involved the recommendation of the sec
rotary that lands in Hawaii be set aside
for military purposes The assistant
attorney general holds that while the
Public Lands of Hawaii cannot be dis
posed of except by special act of Con-
gress the act of annexation by it's word
ing permits the President to reserve
tracts for the use of military and naval
forces, and that he has the power to
proceed without special authority from
Congress to establish military and ma
val reservations"
That the attorney general is the legal
adviser of the President of the United
States and all the departments thereof.
That an opinion rendered by
the attorney general or by any of his
assistants is the highest legal author
ity in the United States except that of
the supreme court, and that such opin-
ions hold good till reversed by the SUI
preme court. That the title of said
Public Lands is not vested in the Gov
eminent of Hawaii.
That the Government of Hawaii or
any officer acting hereunder can not
transfer or grant any legal title to said
lands by reason of such unauthorized
and unlawful sale and a purchaser at
said unauthorized and unlawful sale
can not acquire any legal title to said
lands by reason of purchasing at said
unlawful sale.
Neither can the property of settlers
on said Public Lands be transferred
from the Federal Jurisdiction of the
United States to the municipal or civil
jurisdiction Of the existing Government
of the Hawaiian Islands, by reason of
said proposed illegal, unauthorized and
unlawful sale, or by the unlawful ac-
lions of any officer of the existing Gov
eminent of the Hawaiian Islands, by
full sale or otherwise.
That of the 1860 lots of about so acres"
so advertised for sale, according to
certain survey made by the existing
Government of the Hawaiian Islands
subsequent to the 18th day of August,
1898, which said survey was never au-
thorized by the Congress of the United
States, nor by the President of the
United States nor by any department
of the United States Government, and
is therefore illegal and void.
The following numbered lots have
been settled upon and improved in
tracts of about $50 acres each by actual
settlers, who are now and have been,
for some time past, residing upon and
improving the same and are now in
lawful and undisputed possession of
said tracts viz.
Lots 6, Z, s, 9, 10, II, -, 10, IA, 49, 16 II,
IS, 10, 20, 81, %, 49, "a, 20, 26, 81, 2S, 49, 80,
81, 80, 49, "a, 35, &c. 81, 3S, 80, 40, Al AZ,
43, A, As, 46, AZ, As, 40, 50, 1856, 1856, 1877,
1874, 1876, 1856, 1877 1893, 1879, 20O POI, 2O2
2O8, 2O4, POS, POS 2O7 POS 2O9 21O, 211,
22l, 222, 223, 224, 245, 246, 247 PAS, 249, 25O,
PSI, 252, 258, 263, 264, PCS, 269 27O, 271, 272,
273, 2S3, 2S4, 2S5, 2S6, $751; 2SS, 230, 231,
232, 234, 235, 236, 81 9S, 80.
And that there are many other set
tiers resident upon and improving other
lots of said tract, not herein enumerat-
ed.
That since the publication of the at
sistant attorney generals opinion in
The Semi-Weekly Star, viz: The pub
lie lands of Hawaii cannot be disposed
of except by special act of Congress"
Mr. f. d. Baldwin, subagent of the Ha-
waiian Government at Hlo, has caused
to be published in the Hilo Tribune of
August 10Th, the following notice:
LAND SALE WILL TAKE PLACE
AS ADVERTISED.
"E. d. Baldwin returned from Homo
lulu by the last Kinau. He states that
the Department of Public Lands has
received no notification from Washing
ton to stay the sale of the Olaa lands
advertised for September I'd; nor do
they expect any. If nothing unforeseen
occurs the sale will take place as ad-