Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-09-30
WHAT HITCHCOCK SAYS
OF WATER PRIVILEGES
Continued from page ID


erty usually imports authority to If,
certain act or series OF acts upon
the land OF another without possessing
any estate In the land. Inc examples
given In section 1856 of the Hawaiian
laws, supra. show that this is tho
sense as used there. In the instance
under consideration the privilege
sought is more than this. II would
amount to grant of part Of the
public domain and also OF valuable
and necessarily exclusive franchise,
The laws referred to do not expressly
authorize the granting of such priv.
ilege. Laws like this, which operate
TO invest individuals with special priv.
ileges, are to he strictly construed 50
as to exclude from the operation there.
oil everything not cleaisy indicated az
Intended to be included.
There Is nothing In the laws ci.cd
as sustaining the proposition submit.
ted which makes 1t possible to say al
them that 1t is clearly ino,cated that
u was intended to vest the officers
IN charge OF the public lands OF Ha-
wall with authority to confer upon an
Individual right to appropriate to h..'
own use and benefit Tor a period OF
ninety.nine years lin effect permanent.
ly) a portion of the public domain.
The care and control OF the public
domain of the United States is lodged
In the Congress and the executive Of.
f,cers have only such powers In reli.
ton thereto AZ are given them by the
acts Of that body. The act OF April
30. 1900, supra, declaring that the
laws Of Hawaii relating to public
lands, the settlement OF boundaries.
and the issuance of land commission
awards, except as changed by this
act, shall continue In force until con.
gress shall otherwise provide" did
not enlarge the pCVers OF the officers
charged with duties and powers in
connection with the public lands or
confer upon such officers authority not
heretofore existing under the laws
thus continued In force.
The assertion that the granting o.!
this privilege would be of great beue.
1T to the Government and to the PEG
pie OF the Territory would be of i'm
poftance II the question were as to
the exercise of existing authority, hut
II Is not important here where the
question Is as to the existence of any
authority In the premises.
A further examination of this mat.
ter having led to the conclusion that
there is no authority under the law,
as II now stands, to grant the priv.
lege asked for. the request that this
Department authorize the Governo.
and the Land Commissioner of the
Territory to execute the license in &C.
cordance with the terms In which ap.
plicatiOn for the same has been made,''
must be and hereby Is denied.
Very respectfully.
THOS. RYAN,
Acting Secretary.
Department of the Interior. Washing
ton, ID. c., Sept. ~. 1901.
The Governor of Hawaii. Honolulu,
Hawaii.
Sir: Referring to the decision Of
the 18th instant, In the matter OF Mr..
Samuel Parker's application for a w.
cense for period of ninety-nine years
to construct, maintain and operate
bitches over the Government lands In
the district of North Kohala, Hawaii.
you are informed that Mr. Parker s
attorney has this day filed request
for reconsideration of said decision,
which will he disposed OF when he has
had opportunity to be heard thereun
der. Very respectfully,
THOS. RYAN.
Acting Secretary.