The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-10
EsIEE MAINTAINS
DIGNITY is JUDGE.


1
| dignifed reply, which he also read:
Honolulu. August S, 1860
j. a. AcCandless. Esq, Superintendent;
OF Public Works. Honolulu, II. l.
Sir:-Your two letters OF August {
| 1860, one in relation TO the preparation
| United States District Court, notifying
me- that the board of public works can
| not prepare said court room and Judges
| chambers and the Offices of the Dis
| trict Attorney, District Clerk and
Marshal for use; the other assigning
| for TEMPORARY USE for myself anu
the officers of my court. offices on the
Waikiki side of the main hallway on
the lower floor of the government
building known as the Judiciary build
ing, and adding in regard to the rental
of these Offices that the same can be
satisfactorily arranged at some future
date, have been duly received by mo.
In reply thereto l wish TO state that
it was expected as l have been in
formed:
l. That your department would pre-
pare the court room Of the United
States District Court and the Judges
chambers and the Offices of the re-
spective government officers for use
.. am not authorized to accept any
place for a court room temporarily |
confess l do not understand what your
letter means by saying temporary use
of part of the building referred to.
3. l do not admit that any rental of
these offices is either due or ever will
be due the Territory of Hawaii or its
territorial government for the use of
any part of this building by the United
States District Court or its officers.
l had supposed that this building
was the property of the United States;
but be that as it may, / have no au-
thority to put off to future date or to
agree to any matter of the rental of any
Of these rooms or any one of them.
Very truly yours,
NJ. NJ ESTEE.
P 81 decline to enter into any ar
rangement for the temporary rental of |
the portions of the building referred to |
in your letter as court room.
To this letter Mr. McCandless made |
the following answer, which was also |
read by Judge Estee:
Honolulu, August s, 1900.
Hon. Morris NJ. Estee, United States
District Judge:
Sir:-I have the honor to acknowl- |
edge the receipt of your favor of this
days date, in reply to our letters of |
the 7th instant, in regard to the matter
of fitting up your court room and Of
fees connected Herewith, and to say il |
reply that the court room assigned to
your temporary use is the Legislative
Hall of the Territory, and during the
occupancy of the same by your court,
this government will have to make |
temporary arrangements for the meet
ing of the Territorial Legislature else
where. You can see by this explana-
ton why the offices assigned to you
and your court will be only temporary.
In regard to the ownership of the
Judiciary building, beg to call your
to Section 81 of IAN Act
to Provide a Government for the Ter
ritory of Hawaii" which provides: |
That the public property coded and
to the United States by the
Republic of Hawaii under the jointreso-
luton of annexation, approved July Z,
1898, shall be and remain in the pos
session, use and control Of the gov
eminent of the Territory of Hawaii, |
and shall be maintained, managed and /!
cared for by it, at its own expense, etc, |
etc., ETC."
This government fully recognizing |
the necessity of more room for public |
Offices has communicated with the Sec |
rotary of the Interior at Washington, |
pointing out the necessity of the Unit |
ed States Government erecting build |
ing for the uses and purposes of the |
United States Federal officers and it is |
to be hoped that favorable reply will |
be received.
In conclusion l beg to assure you
that there has never been any attempt |
on the part Of this government to en-
barrass any department Of the United
States of America, but to the contrary,
it has always been willing to render
them all assistance in its power.
Yours very respectfully,
J. A. McCANDLESS,
Superintendent of Public Works.
THE court" continued the Judge
desires to call the attention Of the nar
to an opinion of the Attorney General
of the United States rendered on No
vember 90. 1899, and which is found in
Volume %, page 62S.''
In the opinion the preamble to the
joint resolution is quoted as follows:
The preamble of the resolution de-
clares:
Whereas. The Government of the
Republic of Hawaii having in due form
signifed its consent in the manner
provided by its constitution to cede alb
solutely and without reserve to the
United States of America all rights of
sovereignty of whatsoever kind in and
over the Hawaiian Islands and their de-
Tendencies. and also to cede and trans
fer to the United States the absolute
fee and ownership of all public build
ings or edifces. ports. harbors- military
equipment. and all other public proper
" of every kind and description be-
longing to the Government OF the Ha-
waiian Islands. together with every
right and appurtenance thereunto ap-
Derraiuipg-