The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-08-20
WANT TO PREVENT SALE OF
OLAA TRACT LANDS.
Commissioner Brown Says Territorial
Act Awarded Lands to Territory and
Not to Federal Government.

The fight between the Olaa squatters
and the Territory for the lands of the
Olaa track, Puma district, Hawaii is
now reaching the final stages and what
is expected to prove the last desperate
struggle for the disposition of the
land will shortly begin On the first
of this month j. +. Brown commission
er of public lands published a notice
advertising the lands of the Olaa track
Tor sale in lots of 90 acres each on Sep
tember 20th of this year. 1t is this sale
and this manner of distribution which
the squatters propose to combat. AL
ready notice has been served upon Com
missioner Brown that they are about to
begin their fight in Washington, d c.
Unless some restraining order is OBJ
tanned from the courts before the date
of the sale the land will be disposed
of according to the scheme of the Ter
ritory. The fight will prove very inter-
esting as it raises the issue between
the rights of the Federal and the Ter
ritorial governments regarding public
lands here. ... -.
Through their attorneys in Washing
ton the squatters under the name of the
American Settlers Union propose to
file an application with the Interior
Department, before or by September
goth for hearing and motion of law
and fact regarding the right of the
Commissioners here to proceed with the
proposed sale. In support of this ap-
plication ten counts of alleging error
upon the part of Commissioner Brown
are enumerated. Some of these objec-
tions are purely technical but the prin-
clpal grounds for opposing the sale are
in restricting the purchaser to only
Hfty acres, instead of the one hundred
and sixty acres as allowed by law; in
offering to sell the public lands of Ha
wall at all, for the reason that they
have been transferred to the United
States, and their title is in the United
states, and that they are therefore in
contemplation of law unsurVeyed lands
and cannot be disposed of; that any at
tempt to dispose of said lands is in vio-
lation of the Executive Order of Presi-
dent Mckinley, of the 11th day of Sep
tember, 1899, which is now in full force
and effect; that the said Commissioner
| of Public Lands, j. f. Brown, erred
| in advertising these lands for sale on
the ground that no Territory of the
| United States possesses the sovereign
power to receive as grantee, and to
grant and transfer as grantor, any por-
| tion of the public domain of the United
| States, within the boundary of such
| Territory, until such Territory is fully
admitted into the United States as a
State"
A similar notice protesting against
| the lease OF track of $4,000 acres in
tice being also served upon Mr.. Brown.
The dispute over the possession of
the land in Olaa grows out of a mis-
apprehension of the rights of the Fede
raj and Territorial Governments re-
garding the proprietorship of public
lands. This Olaa track consists of
about $1,000 to 10000 acres of land which
had formerly been Crown Lands but
after the overthrow of the Monarchy
became public lands of the Hawaiian
! Government. Before it was proposed to
disposed of this land, the track was
| carefully surveyed and a main road
constructed through 1t, at a cost of $780,
900. The land was then advertised to
be sold on September 3 1899 under
terms identical with those of the pres
ent one.
on September II an order was issued
by President Mckinley stopping the
fsale. This action upon the part of the
Chief Executive was based upon an
opinion by the United States Attorney
General that under the Newlands Re-
solution of annexation land in the Ter
ritory could not at that time be sold.
The Newlands resolution provided,
briefly, that the land laws of the United
States were not to apply to the Terri
tory of Hawaii and that no disposition
of Hawaiian public lands was to be
made until Congress had enacted spe-
Cial laws for them. 1t is now claimed
, commissioner
laws were enacted by the Territorial
Act and that measure gave the Terri
tory it is claimed full and entire con-
troll over the lands with complete au-
thority to dispose of them. Acting up
on this authority the Commissioner has
therefore ordered a readvertising of the
postponed sale and he intends to pro-
ceed without delay in 1t.
Exactly when the squatters settled or
nignIItp6 known. |
was about the time that the first sale
/, was announced and probably during
the time that the road was being con-
structed. Whatever are their rights ol
how sincere they have been in theil
intention to homestead the lands ac-
cording to the laws in operation in the
Mainland, the squatters have endeaV-
ored to prevent the disposition of the
lands by the authority OF the Territory
They assert that they will fight the
matter to the bitter end and carry 1t tC
the courts IL necessary. Commissioner
. Brown scores the squatters and say!
that they are not bona fide settlers a
all.
Certain parties" Commissions
' Brown said, have made claims to h
entitled to rights in these lands by Yir
; tue of occupation but in the majorit!
, of cases the squatters claims are o
the most flimsy character. Their set
Q experiment and i'm the hope that some
!, thing might be made out of 1t as som
n of them have admitted to me. | notie
in looking over n list of the squatter
who have brought this latest actlo
!. the names of some who secured Ian
: in the old Olaa district and subse
!, quently disposed of It, We believe tina
h the Territory has been given full pow
! er by the Territorial Act passed b.
n Congress, to control these lands an
: that they are not owned by the Unite
Il States government.
This track of $4,000 acres which 1t
" proposed to lease lies in the kahikinl
) district Maui, and is fit for nothing bl
- stock land. do not believe that thel
is any land practicable for agriculture
purpose but according To the terms {
the proposed lease which Is for h\
g years We can take possession Of an
70 quantity OF land found available fC
lr agricultural purposes, without thei
10 being any decrease i'm the rental Whic