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

ton Of the plaintiff public superior defendants
averblc fact The evidence point imIrcT-rly
admitted and We have considered st.
II ! broadly stated by Randolph CEmucu, puain. s.)
that the property Il the subjy ;c right q
eminent d"uaiu bsuc 1t !. already held .r sucl
the may designate the sh; the .cssndan;
IHHy condemn private IrIrsy for puLlir c-s- Ouy
lu-c this right ha, bSCn delegated IL ~ hc TuEh
IT. legislature. The dcicnan; CNcrci-. hi. auihoy cnly
the states and pursuance the dcai.
The defendant Cxcri-c the right sgsn.; the very
authority that transferred 1t defendant. crcT ~ m oXIU--
On principle. su,oriiy
dcmn property already subject public The decsriD.
that land 81 the state held Tor sale settlement may - taken
for railroad IurI but land alrcsly appropriated
for special II the government H. sustained ~
text writers and many ajucd EIlO' l. Z Sec 5cs;
Randolph EH Dom. S. SOSl; 4. Chios9o. IIow. -.
In this the court said Il, : not questioned cha; land
within state purchased by the United prCgie
t" and not reserved appropriated special purTc, may
IT, liable To- condemnation for highways like land
81 other Prpric'cr~, under the rights 81 eminent dorn-
order authorize such condemnation.
must hc for public object clearly superior paramount
to which preference expressly given ~ law the
ion and the encncd the opening II IA Chicago
through land appropriated Nv Federal Government for
Fort Dearborn. AMI the say further that duty
To support the general government the which
plainly granted to 1t AMI = necessary for the Discharge
"f the great powers innsicd to 1t M the people and the state.
The before does question whether the
public lands Of the held for rental sale settlement
bc condemned by the defendant cxcrcisc 81 eminent
domain, and need further discuss It, We limited
the exact question whether the land under navea
Of the harbOr Of Honolulu can - - condemned
We find much light upon question from the can Of IL.
Illinois Central X r. Illinois, 1is L. = $751; decided In
1892 The rights of the State Of illinois, City Chicago
and Of the Illinois Central L. l. in harlor Chicago wcr
discussed and the question whether the legislature
competent to deprive the state 10y the rsilS) Of it.
ownership OF the submerged lands 81 the bsTtor chicago
and Of the suclucn; control of Its other woris
whether the railroad corporation coair
the by the grant against any cxcrc y.r
them by the state We quote from the decision follows
That holds naviszbc
Of Lake Michigan within Its limits the
that the holds title sos under tide ~ the
law, have already shown, and that 'c necessarily
rcs with control the above them whenever
lands subjected But title different character
from that which the holds lsRds intended for sale
different from the title which the United hoi iu ID.
public lands which open presumption anil alc. Il l.
title held in for the people Of the that they may enjoy
the navigation - the waters, thc and
have liberty of fishing therein freed from the
reference Of private parties. The cs people
navigation Of the and IN them may
improved many by erection Warv dock
and piers therein. for which purpose the may grant parcel.
II the Submerged lands; and long their disposition
made for such Pu~c valid objections - made
grants 1t grants 81 parcels of lAnds under nayabc water
that may afford foundation for whsrc Tcrs, docks and
structures in aid Of commerce and grant Of parcels which being
occupied do substantially impair the public
lands and remaining, that chiefly conlcrei
tanned in the sdjudd valid exercise Legislative.
power consistently with the the public upon which
nds held by the Iu, that very different .rn.
from the which would sanction the sicson general
control 81 the lands under the navao Of
entire harbCr ty Il Lake. Such abicSiion
i consistent with the exercise 81 that which rqur
the q the state such for the
o the public The dcvolvins upon the Jc
aud which only &c discharged ~ the management and con
troll property IN which the public has Interest, ozunos
rcnquhed by transfer Of the property. The eouirS of