The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-05
We OWN PUBLIC LANDS
TERRITORY WILL NOW SETTLE
ALL IT'S LAND DISPUTES.
District Attorney Baird's Position After
Adverse Opinion by Judge Van De-
vanter-Suits.

The decision of the Interior Depart
ment that the Territorial government
is the custodian of all public property,
except that taken for military or naval
uses, and alone has the power to sell
or transfer the same, for the benefit of
the inhabitants of the Islands, as was
expressed in the Joint Resolution of
Annexation has been much discussed
today. There was no question here and
none in Washington at the time of the
framing and passing of the annexation
resolution as to the meaning of the
clause. But the question was raised
sometime later by Attorney General
Griggs, who instructed District Attor-
ney Baird, of Hawaii, to investigate
and sue if the rights of the United
States had been infringed. The result
of the investigation was that Mr.. Baird
referred a report back. In this report
he expressed the opinion, however, that
the United States and not the Terri
tory was the custodian of public prop
erty. When asked this morning for a
statement of his position he wrote out
the following:
There is but little to be said, Judge
Van Devanter and L practiced contem-
poraneously at the Wyoming bar for a
number of years, and 1 have great re-
spect for his legal ability. Lawyers
will differ, and judges do, not always
constitutional questions before the
United States Supreme Court were de-
cided by votes of five to four. In one
case, that court reversed, itself
within a few weeks. This was in the
celebrated income tax case. l have
carried out my Instructions my opinion
is on file in the Department of Justice,
and there it must remain"
The ruling of Judge Van Devanter,
who e the legal adviser of the Interior
Department on all land matters, not
only gives to the Territory the prero-
gatives in land matters prescribed in
the annexation agreement, but confers
vast responsibilities. Some of the
greatest cases in the history of the
Territory, that have been for a long
time awaiting determination of the
question just settled will now have to
he fought out in the Territorial, in place
of the United States courts. One suit
will involve the right of the Oahu Rail
way Company to dredge and fill in
the west side of Honolulu harbor. Old
and very vague deeds and transfers
will have to come from their musty
cells and be reviewed in the courts. 1t
Is understood that some of these are
Sky years Old or go back to the time
of kamehameha III.
The question of the ownership of
Quarantine Island is another big one.
The Island was claimed by the Hawai-
ian Republic. After Mr.. Griggs stuck
in his question marks the United
States was drawn into the position of
a possible plaintiff against the Dowsett
Estate. The Territorial Attorney Cen
eral will now prosecute the case against
the Dowsett Estate for a clean title to
the island.
In all parts of the Islands land trans
actions and the development of es-
tates has been retarded by Mr.. Griggs'
question marks. These will now all
go ahead. Suits will arise out of the
squatter claims and claims in and
around Hilo. The Territory must bear
the brunt of these assaults. The Unit
ed States officials here have, therefore,
probably escaped a great deal of hard
work by the course of the final deci-
sion.