The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27

she<s worsfs - grant OF the friz zseax-
nrx necesssry- tesu9ae srparscf-
Tie aessassztsoa & TIE prhiie lard
sAreGgh TIE rsxAE OF p<s-empsioa : hEs
axe q E4zr z1siess bat - th= one IN
VOWED n tAIs csse. aste1tso1 wilL b liz
tied 10 II Tie statutes prescribe 14ns
euu6irss1s ars< certain classes os kn6s
| only arr suh5eT q rke rirkf- srcsnslv.
certain Classes Of p~rsons oniy E,ay ex-
ervise the right tAirzsIy certain acts
aust b< sto1e On thu lard 20 acquire The
rlght ard enally. eerrziz proofs. pro-
e4toTg Of k1-se points ard Others. AUST
~ made N orfer 70 euiay IL Ii Is now
cleariy established siOcfrine that the pre-
eEnpSlon claimant acquire no right 10 the
puhiie laFli unfii fun compliance wsth The
performances Of ali the eoudstis1s and
ltal payzzent- fFFishF Is. Whitney ?
Wall lcff the Yosemite FslIey case
ti5 Wall 10 The law provides FOR the
ssSuanee eE patents hy the President with
III the machinery Of bureau equipped
for the preservation Of al information
concerning the circumstances condition
local effceS are subordinate agencies for
the transaction of the business committed
70 the General Land Otfce. the Commis-
soaer Is charged with the performance Of
~ali executive duties relating 10 the sub
jes-t, and the Secretary with the super
vision OF the entire public business con
ceTBing the lands: and the Registrar and
Receiver can act only agreeably 10 the
rules prescribed BY the Secretary. Tn
der such circumstances. Is it to be "a
tionaily supposed that the law intended
20 leave il 10 the Registrar and Receiver
To disregard all the limitations snd con-
ditions prescribed by statute. or the rules
of the Secretary. without any right 10
review their action on the part Of the
Commissioners. who is charged with all
executive duties. or the Secretary. who is
charged with supervision over ALP Such
a theory makes the subordinate the su-
Derior and inverss the order of authority
and administration Ii must be cousid-
cred By all 10 put a plain case, that If a
presumption claimant should impose BIZ
his false affidavit upon the local officers.
the United States are entitled 20 some
redress Is that redress only 10 be had
by an aetion in the eourtss Ii 50. from
what does the necessity arises The title
is still in the Government and no right
10 il has heen acquired. Or sunnose the
local officers should be satisfied. 50 as 10
accept payment and issue receipt. upon
the proofs which. upon their face. disclose
plain NONCOMPLIANCE with the law or
the regulations: is the President. by
whose patent alone can the title pass.
bound TO issue that patents Such in
StdDftS anu one FrstUt4N tAtkf
on reflection. demonstrate the legislation
of Congress in the creation of bureau
and department 10 be absurd. or that this
theory is inadmissibie
In further manifestation of the iegisra-
tive will. Congress has for many years.
provided class of officers. whose duty
is. under the direction of the Commits
sioner of the General Land Office. TO ex-
anime eases which have been passed BY
the local officers, with a view TO ascer-
whether the facts warrant ap-
nroval of the action of those officers by
the issuance of a patent. This action has
been taken year after year, with full
knowledge of the claim of jurisdiction
indeed. in avowed aid and support of the
exercise of that jurisdiction. III doubt
could exist of the sufficieney of previous
legislation 10 confer it this regular
course of appropriation would itself be
sufficient to endow it with all the vigor
Of congressional sanction. But. aside
from the long maintenance of this au-
thority by departmental assertion. and its
long recognition by Congress. the Su-
nrerne Court has abundantiy adjudged its
rightful existence in numerous cases, has
defined its limits. and itself has ack
1owledged the duty of obedience to the
made in its proper exer-
Use.
Few questions stand more completely
adjndsed by that tribunal. almost every