The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-08-09

court at the time and place appointed.
the court may order the United States
Marshal to secure or ct up suitable
quarters at the expense of the territory.
Undoubtedly this general statute holds
good in the Territory of Hawaii, even
though it be not specifically mentioned
in the Organic Act
The NewIands Act under which Ha-
vaii was annexed TO the United States
reads:
Whereas. The government of the Re
public of Hawaii having. in due form.
signified its consent. in the manner
provided by the constitution. to ceie
absolutely and without reserve to the
United States Of America ali rights
of sovereignty of whatsoever kind in
and over the Hawaiian Islands and
their dependencies, and also to cede
and transfer to the United States abb
solute fee and ownership of all public.
Government or Crown lands, public
buildings or edifces. ports. harbors.
military equipment. and all other pub
lie property Of every kind and descrip-
tion belonging TO the government of the
Hawaiian Islands. together with every
right and appurtenance thereunto ap-
narfainiup Therefore
Resolved. By the Senate and House
OF Representatives of the United States
of America in Congress assembled. that
said eession is accepted, ratified and
confirmed. and that the said Hawaiian
Islands and their dependencies be, and
they are hereby. annexed as part of
the Territory of the United States and
are subject to the sovereign dominion
thereof. and THAT ALL AND SINGU-
LAR THE PROPERTY AND RIGHTS
HEREINBEFORE MENTIONED ARE
VESTED IN THE UNITED STATES
OF AMERICA"
This certainly seems plain enough
as to the ownership of the court house
and all other property formerly belong
ing to the Republic of Hawaii. But the
Territorial officials quote portion OF
Sec 81 of the Organic Act which pro-
vides for temporary use and control oy
the Territory of all property ceded
to the United States.
Anyone who will take the trouble,
however. to read the Organic Act care
fully will see that ii in no way repeals
or amends the enabling act, as the
Newlands resolution might well be
called Section 81 merely provides
means to meet temporary conditions;
Congress expressly recognizing that
the absolute ownership and control of
the property was vested in the United
States. Section 81 reads:
THAT the property ceded and trans
ferred TO the United States by the
Republic of Hawaii under the joint
resolution of annexation, approved
July 7th, 1898. shall be and remain in
the possession of the Territory of Ha-
waii. and shall be maintained, man
aged and cared for by it. at its own ex-
pense, until otherwise provided for by
Congress, or taken for the uses and
purposes of the United States by the
direction of the President or OF the
Governor of Hawaii"
1t is maintained by the Territorial
officials that neither Congress nor the
President nor the Governor of Hawaii
have otherwise provided or ordered the
court house taken for other purposes
That may be true in the abstract, but
the fact still remains that the court
house is the property of the United
States. The fact also exists that n
giving to Judge Estee his commission
as United States District Judge for
the District of Hawaii and directing
him to proceed to this Territory and
open up his court the President indi
rectly made demand for suitable quar-
'ters for the court on the Territory of
Hawaii
That the representative of the Ju-
dietary of the United States govern
ment would be treated with scant cour-
tesy by parcel of petty territorial
officials who are the appointees of an
appointee of the President never en-
tered the Presidents head nor the head
of the Attorney General of the United
States. 1t was very naturally supposed
that Hawaii was now an American
Territory and that the narrow actions
of the old oligarchie government had
been relegated TO the past
Governor Dole has made it convent
ent to be absent. just as he has always
made it convenient to dodge the decid-
ing of any troublesome question. What
the President Win do in the premises
when the matter reaches his attention
il is very easy to foresee. President !
is a virile American and he |
will not for moment permit United |
States District Judge TO be turned
down about the quarters for his court
in Hawaii by any petty. little Terri
torial Governor o. his appointeeS.
Meantime Judge Estee will undoubt- |
edly provide his court with suitable
quarters in the court house as the law