The Hawaiian gazette., 1899-10-03
~sME PgtsIpGsr's ORDER.

| There II little danger that the p,v'
chasers Of public lands. since annexa.
tion. will find their titles disturbed by
the order Of the President. declaring
their purchases void. The matter will
be settled BY Congress. or the courts
or by q reversal Of the order declaring
the sales void. Any order OF the Pres.
ident depriving American citizens OF
their property, without giving them q
due hearing, will be reviewed In due
time by the Federal courts. There ID
no law which authorizes the President
to arbitrarily direct an American cit
izen who under the circumstances has
purchased and improved government
land, since the date OF annexation, to
return 1t to the government and lose
the value Of his improvements. The
Honolulu Sugar Company purchased
for $4,000 a parcel OF land, near this
city, from the government. since an
nexation, and has spent large sums Of
money upon 1t. The money Is largely
the money OF American citizens. They
will, It 10 plain enotigh, refuse to take
back the $4,000 paid. and quietly
pocket the loss Of profits and improve
ments. The Federal courts will be ap-
pealed to sooner or later, The Pres
ident will probably modify his order.
whenever he is fully informed on the
subject.
The Presidents order. practically
destroys the value Of the railway fran
chises on Hawaii, because, under 1t, tie
grants Of rights Of way over govern
mept land. and the grants of land for
Terminals, are void. American citizens.
residing in America. have largely in
vested in the Hilo and Kohala Railway.
The promoters of this road are said to
have strong political influence In
Washington. They will not stand by
and see the value OF their property
destroyed.
The only practical way by which the
Presidents order can be carried out Is
by instituting suits for the recovery Of
the lands sold, and the case before the
courts will be that the suits are in
stituted because the President so
orders. II, under the Newlands' Reso-
luton, the President has the right to
direct" the judicial officers, he may
direct the local courts to sustain his
order, but no Federal court will permit
any interference with its own power
to interpret laws. Nor, will the Pres
ident so direct.
Aside from the correct meaning Of
the Newlands' Resolution, which only
the Federal courts can settle, the action
OF the President is based on the opin-
ion OF the Attorney General, which Is
published in another column, who
seems to be entirely unaware Of the
facts bearing on the subject. He makes
in his opinion, no allusion to the let
ter, sent by President Dole at about
the time Of annexation, asking for in
structions as to his powers and duties,
and also, makes no allusion to the re-
ply, dated September 9Th. 1893, sent by
Mr.. Sewall, transmitting the answer
given by the Secretary OF State, which
contains these words; Resolution
provides that land laws Of the United
States shall not apply to public lands
in Hawaii, and that municipal legisla-
ton Of Hawaii generally shall remain
in force" This answer Is sent In res
ponse to President Dole's inquiry 90;
Should not President Dole continue
to execute land patents and deeds
IN THE ORDINARY DEALINGS
WITH GOVERNMENT LANDS UN-
DER THE HAWAIIAN LAND LAWS"
Evidently enough, the Attorney Gen
orally did not have this correspondence
and these directions OF the State de-
partment before him. II he had. he
would have commented on them, and,
II he persisted in his opinion, would
have held that the State department
was In serious error IN permitting
the local government to sell public
lands.D
The truth probably Is that no sug-
gestion was made to the Attorney Gen
eral that such correspondence was in
existence in the State department. He
probably, through his assistant who
wrote his opinion. never. asked the
State department II there was on file
In that Office any correspondence and
direction on the subject.
II the President had the right to d.
rect the administration OF our munici-
pal laws, he exercised that right.
through the Secretary OF State. on
September 9Th. 1898. In the letter trans
'hted to President Dole. through Mr..
SeWall IL there WAS any touht ahout