The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-22
LANDS ARE
PROTECTED
Continued from Page 81

unreasonable, and even ridiculous. To
| substantiate my remarks l beg to sub
nit a copy of a communication from
| Hon. Z. A. Hitchcock, Secretary of the
Interior, transmitting copy of Assistant
Attorney General Van Devanter's letter
to the Attorney General expressing his
views on the legality of Hawaiian land
transactions, as follows:
Department of the Interior,
Washington, December 10, 1900.
| w. V. D.
The Governor of Hawaii:
| Sir:-Referring to your letter of this
| 18th ultimo., enclosing a statement, by
the Commissioner of Public Lands of his
views respecting the authority of.the Ha-
waiian officers over the public lands in
Hawaii, 1 transmit herewith a copy of
a letter of the 4th instant, to the Attor-
Iney General, from the Assistant Attorney
General assigned to this Department,
which expresses the views of the Assist
ant Attorney General upon the question
discussed by the Commissioner of Public
| Lands in the statement above named.
The views of the Assistant Attorney
General We're reached after a conGidera-
| ton of the statement prepared by the
Commissioner OF Public Lands and of
like statement, but reaching a different
! conclusion, prepared by the United States
Attorney for the District of Hawaii.
| The views of the Assistant Attorney
General, as expressed in his letter of the
4th instant, have my approval.
Very respectfully,
| (Signed) E. A. HITCHCOCK,
Secretary.
Department. of the Interior
Office of the Attorney General,
Washington, December f. 1900.
The Attorney General:
Sir:-Answering your letter of the Ord
/ instant, enclosing a letter of the --
ultimo from the United States Attorney
| for the District Of Hawaii, together with
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 Ha-
waiian Islands, ! have read the enclos-
ures named, but L do not agree with the
United States Attorney in his conclusion
that the public officers of the Territory
of Hawaii are not authorized to sell,
lease or otherwise dispose of public
lands in the Hawaiian Islands. While
the grant of authority could have been
more plainly stated, it seems to me that
the question is free from difficulty, and
that subject to certain specified changes
and amendments, the Act of April 80
1900 81 Stat, 14D, continues in force 1.-The
| laws of Hawaii relating to public lands,
and thereby provides a system whereby
the public lands in those Islands may be
disposed of until Congress shall other
wise provide" These public lands are
not granted to the Territory, but Con-
gress in the exercise of its power and
discretion, has made the Hawaiian offl-
GERS and Hawaiian laws, subject to the
changes and amendments specified, its
instruments for the time being for the
| disposal of these lands.
In 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 Sec
rotary of the Interior
There was no report letter or opinion
from me upon this subject at or about
the time named, but l find a letter from
Acting Secretary Ryan to the Governor
of Hawaii, dated July 9th last and an
opinion from myself to the Secretary of
the Interior, dated October 18th last,
both of which may be said to be opposed
to the general views expressed by the
; United States Attorney for Hawaii.
, If this communication does not answer
the purpose intended to be effected by
your letter to me, / will be glad to await
your further direction in the premises
Herewith are the papers accompanying
your letter.
Very respectfully.
WILLIS VAN DEVANTER,
Assistant Attorney General
Referring again to statements made If
Mr.. GiFs letter, lin order to prevent
conflict OF authority, it was understood
here that the whole matter was to be al
lowed 10 remain in statu quo" etc. II
this regard 1 must say he is very Wild
of the mark, for no one can conceive
such an understanding after havins
thoroughly perused the views held b,
the Assistant Attorney General as quot
ed above, which would have been willing
Iy furnished Mr. Gill had he conde
5 seconded to apply for such information
as to whether lit was so understood
here" j. e., in Honolulu, before commit
ting himself to such misstatements.
In regard to the belief that majorit
of the people of this Territory, that thes
. sales at this time are greatly to the in
jury of the Territory. 1 beg to diffe
d with Mr.. Gill on this matter, and woul
challenge any one to cite an instanc
where an injury has been done. On tn
contrary, substantiated by fact the Tel
ritory is greatly benefited, with but tey
exceptions, by desirable, bona fide an
industrious settlers, that are occupyin
public lands at the present time unde
, the several conditions of the land law
of Hawaii. And the majority of thos
who have proved up on their holding
still hold the vested rights of same
Bona fide settlers are given the prefer
ence, and are encouraged as far as eS
listing conditions, transportation facilitie;
etc, affords,
- Relative to contentious made by NJ
Gill that iii homestead leases in Ola
District on the Island of Hawaii wer
sold several years ago, and PRACTICAL
every one Of these are now owned b
the Olaa Sugar Co, etc. 1 would sa
that the statement is true, with but re
exceptions.
The lands in question were subdivid5
- into lots by the old Grown Land Con
- missioners,' who at that time had aus,
Lutte control OF the Olaa lands, and lea
ed them to those who were Considere
S desirable settlers. at an easy rental Il
thirty Years and was considered a. tn,