The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-09
ESIEE EVCIS SILLIMAN
(Continued from mage one. J

LUILL lIlUIU UlLLllIIlIl
Continued from page one.)
mented upon the status Of the case as
established by the resolution of annex
alton ana the Hawaiian bill. At the
conclusion of his remarks he turned to
the clerk and delivered the order pub
lished above.
Judge Silliman retired from his room
to his private chamber and there hello
court today. 1t is understood that Jud-
ge Estee approached him and Judge
Humphreys this morning and that the
plan of taking the west room was aC-
guessed in by them. Chief Justice
Frear is not i'm the city. Justice Gal
braith was not at the court house today
and Justice Perry is in California.
superintendent McCandless says: I'm
my action have merely carried out the
prescriptions of the Hawaiian bill That
bill states distinctly that only the Pres
ident of the United States and Governor
of Hawaii may appropriate public pro-
perty to the uses of the United States
save by act of Congress. Governor Dole
set aside the Waikiki end of this build
ing for the use of the District court, and
/ assigned the court there. l am
through with it, as | have completed
my duties in the matter"
The paragraph in the Newlands Reso-
luton relating to public buildings and
property is as follows:
Whereas, The government of the Re
public of Hawaii having in due form
signifed its consent in a manner pro-
vided by it's 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
dependencies, and also - cede and
! transfer to the United States absolu-
u ~
ment or crown lands, public buildings,
equipment and all other public prop
erty of every kind and description be-
! longing to the Government of the Ha-
waiian Islands, together with every
right and appurtenance thereunto APP
pertaining go"
| 1t is the position taken by Superin-
| tendent McCandless that this provision
was appropriate to meet the fact that
! the act of annexation temporarily, des
| troyed the organized political capacity
of the people of these Islands to hold
public property, and therefore vested
| the title to the property in the United
States But when an organized politi-
| cal capacity was restored to the people
of the Islands, by the Territorial act,
then public property was restored to
them by the section above quoted.
The Hawaiian bill makes the Terri
tory of Hawaii the real and only GUS
todian of public property of this coun-
try. President Mckinley and Governor
Dole have the power to admit United
States officers into the buildings, and
may do so only at such times and in
such ways as will not interfere with
| Territorial business. This question
| came up soon after the Hawaiian bill
passed in regard to the custody of the
wharves. The opinion of Minister Da-
mon, in line with the above, was sus-
tanned.
Governor Dole set apart the south end
of the lower floor of the judiciary build
ing for the uses of the United States
district court and officials This power
was given him by the Hawaiian bill.
| Judge kstees idea is that the donation
should be permanent
When the Council of State was in
session some months since, it was re-
ported that the judiciary Building was
in some respects unsafe and in need of
repairs. An appropriation of 81 200 was
made to put it in repair At the same
expense or practically so that the re-
pairs could be made, the rooms assign
ed for the use of federal officials could
be arranged and put in shape for their
furnishings. This was done for the
United States Attorney, the Marshal
and was being done for the United
/ States Judge. The Marshal supplied
the furniture for his own offices. The
District Attorney did the same for his.
! The Hawaiian government is fitting
! up the rooms for the court and the
| officials at an expense of several thou
! sand dollars. New floors have been put
in and the rooms have been renovated
| inside and out. When Judge Estee ar
rived he requested some changes in the
floor plans and that the court room be
| divided by wall across the middle.
| Both of these requests were acquiesced
in and by next week the plans will be
just as Judge Estee made them.
Superintendent McCandless contends
that there is not a particle of reason in
Judge Estee's claim that the Hawaiian
government should furnish the court
rooms. I'VE have done everything in
our power to help out United States Of
ficials. We have given them all the fur
niture we could spare and other things
likely to subserve their convenience.
We are now building a $4,000 addition
to the postofIice to help them out and
are making numerous other improve
ments in the interest of the department
at Washington. 1t seems to me that
Hawaii is doing rather more along this
line than any of the other States Of
Territories. We are willing to do every
thing in our power to assist the court
and all other officers of the government,
but | hardly think Judge Estee would
expect us to go and buy furniture at
this time for the department of justice"
In no other state or territory, 1t is
stated, is ii even asked that the state
or territorial government either pro-
vide quarters for fedral officers or pro-
vide furniture for them.
A. y. Atkinson, superintendent of the
United States census, who has the other
Federal Office in the judiciary building,
states that he fitted up his own office.
Some small articles of furniture which
could be spared at the time were ac-
cepted from the Hawaiian government
and are in use.
A VIGOROUS COLLECTOR.