The Hawaiian gazette., 1901-01-08
President Signs all
the Land
Grants.
SALES IN HAWAII
ARE CONFIRMED
The Protests of OIaa Squatters
Had no Weight In
Washington.
MKINLEY has up

N RESIDENT MKINLEY has up
- held Governor Dole in the public
land sales made by the Hawaiian
Government between July I, 1898,
the date of the passage of the Resoiu-
tion of Annexation, and September 50,
1900 Governor Dole has received com
plete advices to that effect from the
Secretary of the Interior, together with
copies of all the sales made during that
period, which bears the signature of
President Mckinley, approving the
transfers.
The Olaa squatters are denied the
rights usurped by them and the appl-
cation of j. T.. Hines and others to the
administration at Washington to ap-
prove their right to remain on the lands
held by them is disallowed.
on December 10, 1900, Secretary of In
terror Hitchcock wrote Governor Dole
latter dated November 13. in which he
had enclosed a statement from j. F..
Brown Commissioner of Public Lands,
respecting the authority of the lIa-
waiian officers over the public lands
in Hawaii, and also enclosed a copy Of
letter from Assistant Attorney Cen
tid Ill ' All lptNdllltl W tHt <AllDllty
General, dated December 4. The AS
sistant Attorney General is assigned to
the Interior Department, his duties be-
ing to pass upon all land questions.
This letter expresses the views of the
Assistant Attorney General upon the
question discussed by the Commission
er of Public Lands in his statement, the
substance of which has appeared in the
Advertiser.
The views of Mr.. Van Devanter says
Secretary Hitchcock, We're reached af-
ter the consideration of the statement
prepared by the Commissioner of Pub
lie Lands, and of like statement, but
reaching a different conclusion, prepar-
ed by United States District Attorney
Baird for the District of Hawaii. The
Assistant Attorney General SAYS in
part:
Answering your letter of the 3rd in
stant, enclosing a letter of the 18th ul-
timo from the United States District
Attorney for Hawaii, together with a
brief prepared by him, and copies of
correspondence, all relative to the au-
thority of the public officers of the Ter
ritory of Hawaii to sell, lease or other
wise dispose of public lands in the II l.
waiian Islands, l have read the en-
closures named, but DO NOT AGREE
WITH the United States District At
torney in his conclusion that the public
officers of the Territory of Hawaii are
not authorized to sell, lease or other
wise dispose of public lands in the Ha-
waiian Islands. While the ground of
authority could have been more plainly
stated, it seems to me that the conclu-
sion is far from difficult, and that sub
ject to certain specified changes and
amendments, the Act of April 80, 1900,
continues in force the laws of Hawaii
relating to public lands and thereby
provides a system whereby the public
lands of those Islands may be disposed
of until Congress shall otherwise pro-
vide
"These public lands are not granted
to the Territory, but Congress, in the
exercise of its power and discretion, has
made the Hawaii ''Cers and IIa-
waiian laws subject to the changes and
amendments specified, it's Instruments
for the time being for the disposal of
these lands
I'm your letter to me it is said. he
Omitted States Attorney seems to have
come to a conclusion opposed to that
in your report of July 10, 1900, to the
Secretary of the Interior There was
no report, letter or opinion from me
upon this subject at or up to the time
named but / find a letter from Acting
Secretary Ryan to the Governor of
Hawaii, dated July y last, and an
opinion from myself to the Secretary of
the Interior, dated October 16 last both
of which may be said to be opposed to
the general Views expressed by the
United States Attorney for Hawaii"
Again, on December :, three days
previous to the above communication
from the Secretary of the Interior, the
latter wrote to Governor Dole referring
to 4 letter addressed to mis- department
by the Governor requesting instruc-
tions upon the issue raised by the ap-
plication of Hackfeld & Co. for the
of deforesting a tract approx
imating 1900 acres of land near Hilo.
1t was stated in the Governors letter
that the land is part of a large tract
of 41,5S4 acres of public land leased to
John Baker of Hilo in 1887 for twenty
years and afterwards extended by the
same commissioners until March 2l,
1921, and that the lease contained n
that trees should not be de-
stroyed by the lessee, and that the tract
is mainly forest land. The Governor
further explained to the Secretary that
the Government i'm 1898 permitted the
clearing of small section of 800 acres
in the lowest part OF the tract for the
cultivation of sugar cane by cooper
ative Portuguese company.
Governor Dole wrote that he had hes
itated in regard TO this new application
for the privilege of clearing $500 acres
for the cultivation of sugar cane lest
such action over so large an area MIGHT
injuriously affect meteorological con-
ditions and the conservation OF water
in that locality and that i'm the abb
sence OF n professional forester he ask
ed DR.. Maxwell. formerly Director OF
the Experiment Station OF the Hawaii