Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-08-21
fighting LAND SALES
.0LAA SQUATTERS PROTEST
TO WASHINGTON OFFICIALS
Washington Attorneys Take Up Their
Case--Maintain Local Authorities
Have No Right to Sell Unit
ed States Property.


Hilo, Aug. 1S.-The squatters of Olaa,
known as the American Settlers Union
have not been sleeping so far az the
question of their rights to their claims
in Olaa are concerned, and Mr. Ryan,
the president of the association, went
down to Honolulu by yesterdays XII
nau to present to Commissioner J. r.
Brown notice of application for hear
ing in the Federal Courts as to the
questions Of law and fact for the sale
or otherwise disposal of any portion
of the public domain of the United
States in the Territory ow Hawaii, sub
sequent to June IA, 1900, and up to
the present time. The contestants are:
Fred r. Giddings, NJ. Porter, H. Peyser,
o. T. Shipman, II. A. Gerlach, W. A.
Carpenter, II. NJ. Giddings, r. ID. Jun
kin, J. N. Brown, T.. p Geeney, T. ].
Williams, F. e. Hime, G. J. Giddings,
f. l.. Radcliffe, N. Russell, T. ]. Ryan.
]. e. Staples, Louis Horner, J. l.. Nc.
Comber, f. A. Koran and A. j. Nc
Kenzie. The papers are drawn by
Copp & Luckett, attorneys, 624 F street,
Washington, d. c., who are among
the best known legal authorities on
Government land matters in the United
States.
The papers are dated at the Depart
ment Of the Interior, Washington, d. c.
before the Honorable Commissioner Of
the General Land Office, and directed to
J. F. Brown, as follows: you are
hereby notified that on or before the
goth day of September A. d. 1900, there
will be filed in the Interior Department
Of the United States. before the Com
missioner of the General Land Office.
in the city OF Washington, ID. c.. an
application and motion for hearing as
to questions Of law and fact touching
upon your legal authority as Commits
sioner of Public Lands for the Terri
tory Of Hawaii, as provided by the Or
ganic Act, approved April 30, 1900, and
questioning your authority to offer for
sale, or make other final disposition
under any agreement or conditions
whatever, of any portion Of the public
domain of the United States, in the
Territory of Hawaii. And that on
said Goth day of September, A. ID. 1900,
or as soon thereafter as counsel may
be heard, the protestants herein nam
ed, by their attorneys, will submit to
the Honorable Commissioner of the
General Land Office, at Washington, ID.
c., such evidence and arguments as
may be admissible on all matters here.
In referred to. That, at such time and
place of hearing as may be designated
by the Commissioner of the General
Land Office, the following specified err
rors on your part, as Commissioner NJ
Public Lands for the Territory of Ha-
wall. will be presented and to him
submitted"
Here follow ten counts Of error In
the execution of the duties of his Office
by the said Commissioner, comprising
errors as follows: In unauthorized pub
LEGATION OF sale (insomuch as such pub.
LEGATION was without proclamation by
the President of the United States as
required by law; in actual exposure
for sale without act of Congress- there
for; in fixing prices per acre, in some
cases more, in others less, than thu
price fixed by law; in Offering sucf
lands for sale on less than thre,
months notice; in restricting the pur
chaser to only fifty acres, instead Of tn,
one hundred and sixty acres as allow
ed by law; in offering to sell the publ
lands of Hawaii at all, for the reasoI
that they have been transferred to tn
United States, and their title is In tn
United States, and that they are there
fore in contemplation of law unsurvey
ed lands and cannot be disposed Of
that any attempt to dispose Of sal
| 10 III Nioiotioh VI th' iA''utiN
Order of President Mckinley, of tn
18th day of September, 1899, which
now in full force and effect; that cor
ditions of payment and residence, con
corning the disposition Of said land!
made by the Commissioner, are with
out authority of United States law
= that the said Commissioner of Publ
Lands, J. F. Brown, erred in adverti'
ing these lands for sale on the groun
that no Territory Of the United Statt
possesses the sovereign power to T,
ceive as grantee, and to grant an
transfer as grantor, any portion of tn
' public domain Of the United State
within the boundary Of such Territor
until such Territory is fully admitte
into the United States as State; an
that the Commissioner erred in excee'
ing his authority, for the reason that
st is against public policy and not col
= ducive to the public welfare to procet