The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-09
INTERPRETING THE LAW

The Interpretation of the meaning of
the doubtful provisions of the New
lands Resolution, SO far as they
affect individual rights, must be made
by the Federal Courts, whenever estab-
lished here.
The Presidents Interpretation of
them may be binding on his appointees
and agents, but is not binding upon
any citizen, so that he is excluded from
recourse to the courts.
There are no Federal Courts estab-
1ished in these Islands, and therefore,
the provisions of the Newlands' Reso
luton cannot be reviewed at present.
If the President should modify, or
even reverse his order regarding the
sale or disposition of public lands, the
rights Of a citizen or resident would
not be affected. The Resolution itself
does not confer on the President the
right to determine whether or not pub
lie lands may or may not be disposed
of. He is, Of course, empowered, as the
Supreme Executive, to enforce the
laws. But he still remains subject to
the decisions of the judiciary as the
sole power which can authoritatively
decide what the laws mean.
The Resolution invests the title to
the public lands in the United States.
This absolute ownership includes the
public squares and streets. Any law
student knows that a disturbance of
the soil in a street, an excavation, by.
any person who is not the owner of it,
is trespass. The erection Of a post
on public land is also trespass, un-
less permission by the owner is given
to erect it.
But the Newlands' Resolution also
directs that the municipal laws shall
be enforced, if not inconsistent with
the provisions of the Resolution. In
taking over the public property to the
Federal Government, there was. un-
fortunately, no reservation of any
power whatsoever in the local govern
ment, either to dispose of lands or even
squares. The local government at the
time of annexation asked the President
il he construed the act to reserve in it's
officers the power to dispose of public
lands, and he responded substantially,
that the power to do so was retained.
The late opinion of the Attorney-Gen-
eral caused him to change his mind.
But if the Attorney General had
given an opinion that the local gov
eminent had the power to dispose of
public lands, or open streets and roads,
this opinion would not bind the courts.
They will make their own interpreted
ton of the meaning of the Resolution
and their Interpretation binds the
President.
AS the President does not desire to
embarrass the people of this territory,
he will probably modify his recent or
der, at least so as not to bind the
hands of the local government in the
making and use of roads. The Attor-
ney- General did not see the far reach
ing force of his opinion. The local
government is not injured by the Pres
ident's order but many citizens are
seriously involved. -
AS the Presidents orders do not make
settled law in the case, the enactment
of "a territorial law by Congress is
earnestly desired. The suspension of
work by the Hilo and Kohala railway
company, because, under the order, the
local government cannot grant a right
of way over public lands, is sincerely
regretted ON, all sides. The. only re-
joicing over this suspension is display
ed by the squatters and the Squatters'
Bugle.