The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-08
A SPECIAL
FUND.
Proceeds Of Sales
of Public
Lands.
THEY ARE NOT FOR
GENERAL EXPENSES
Opinion of Attorney General Dole
Read Before Governors
Council.

n KONEY paid to the Territory of
| W Hawaii for public lands can be
| Iyl used only for special public pur-
| poses. The following opinion
! by Attorney General Dole was read
yesterday at the regular meeting of
the heads of departments:
Honolulu, H. l., March 4, 1901.
To His EXcellency Sanford b. Dole Gov
I ernor OF the Territory of Hawaii.
! Sir: In compliance with your request,
| ! have the honor to submit the follow
Ing opinion relative to the disposition of
the proceeds of sales of public lands:
The joint resolution of the Fifty-fifth
FCongress of the United States of Ameri-
ca to provide for annexing the Hawaiian
Islands to the United States, approved
july Z, 1888, declares that: 1.-THE existing
| laws of the United States relative to pub
TIC lands shall not apply to such lands
| in the Hawaiian Islands, but the Con-
gress of the United States shall enact
Especial laws for their management and
/ disposition; provided, that all revenue
from or proceeds of the same. except as
! regards such part thereof as may be
used or occupied for the civil, military
or naval purposes of the United States.
or may be assigned for use of the local
government, shall be used solely for the
benefit of the inhabitants of the Hawaii
| on ioiiiibo IOi tuuCdllOudl ana Otner
public purposes
| Sections73 of the Organic Act provides;
That the laws of Hawaii relating to
public lands. settlement of boundaries,
and the issuance of patents on land COM
mission awards, except as changed by
this Act, shall continue in force until
congress shall otherwise provide.
| All funds arising from the sale or lease
or, other disposal of such lands shall be
| appropriated by the laws of the Govern
| ment of the Territory of Hawaii and APP
piled to such uses and purposes for the
benefit of the inhabitants of the Terri
tory of Hawaii as are consistent with
the joint resolution of annexation ap-
proved July 7, 1885,
| Section POP of the Civil Laws of 1897
being section is of Act 26 of the Session
Laws of 1895, provides that: "All pro-
| ceeds of sales of public lands shall be
set apart as a special fund for the pay
ment of the bonded Indebtedness of the
Government for the purchase of 9th
er lands, as provided by section 194''
/ Section So of the Organic Act declares
that appropriations, except as other
wise herein provided, shall be made BIZ
ennially by the legislature" The pro-
vision of section 70 of the Organic Act
that all funds received from the dispo-
sal of public lands Shall be appropriated
| by the laws of the Government of the
Territory of Hawaii means. appropriat-
ed by the lawmaking power. The law of
1895, already quoted, having provided that
| AL proceeds of sales of public lands
shall be set apart as a special fund"
and this law having been continued in
force by section of the Organic Act. is
a continuing appropriation for "a special
fund" "by the laws of the Government
of the Territory of Hawaii" In nay opin-
/ ion, the Treasurer cannot lawfully use
this fund for the general expenses of the
Territorial Government without legisla-
tive authority.
| l have the honor to be, sir, with great
respect, your obedient servant,
E. P. DOLE,
| Attorney General.