The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-05
M'kINLEY HOLDS
Up DOLE'S HANDS

Baird for the District of Hawaii. The
Assistant Attorney General says in
part:
Answering your letter of the 3rd in
stant, enclosing a letter of the 18th ul-
timo from the United States District
Attorney for Hawaii, together with a
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 HI
waiian Islands, I have read the en-
closures named, but DO NOT AGREE
WITH the United States District At
torney in his conclusion that the public
. officers of the Territory of Hawaii are
not authorized to SELL lease or other
wise dispose of public lands in the Ha-
waian Islands. While the ground of
authority could have been more plainly
stated. it seems to me that the conclu-
sion is far from difficult, and that sub
ject to certain specified changes and
amendments, the Act of, April 80, 1900.
continues in force the laws of Hawaii
relating to public lands and thereby
provides a system whereby the public
lands of those Islands may be disposed
of until Congress shall otherwise pro-
! vide
'These public lands are not granted
! to the Territory but Congress, in the
exercise of its power and discretion, has
made the Hawaiiar oeicers and Ha-
waiian laws subject to the changes and
amendments specified, it's instruments
for the time being for the disposal of
these lands.
I'm 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
Secretary of the Interior There was
no report, letter or opinion from me
upon this subject at or up to the time
named, but I find a letter from Acting
Secretary Ryan to the Governor of
Hawaii, dated July 27 last, and an
opinion from myself to the Secretary of
the Interior, dated October 16 last, both
of which may be said to be opposed to
the general views expressed by the
United States Attorney for Hawaii
Again, on December Z, three days
previous to the above communication
from the Secretary of the Interior the
latter wrote to Governor Dole referring
to a letter addressed to his department
by the Governor requesting instruc-
tions upon the issue raised by the ap-
plication of Hackfeld G. Co. for the
privilege of decreasing tract approx
imating 1900 acres of land near Hilo.
1t was stated in the Governors letter
that the land is part of a large tract
of Al ,5S4 acres of public land leased to
John Baker of HiIo in 1887 for twenty
years and afterwards extended by the
same commissioners until March 2l,
1921 and that the lease contained a
condition that trees should not be de-
stroyed by the lessee, and that the tract
is mainly forest land. The Governor
further explained to the Secretary that
s the Government in 1898 permitted the
clearing of a small section of 800 acres
in the lowest part of the tract for the
cultivation of sugar cane by cooper
ative Portuguese company.
Governor Dole wrote that he had hes
itated in regard to this new application
{ for the privilege of clearing 4,500 acres
{ for the cultivation of sugar cane lest
such action over so large an area might
8 injuriously affect meteorological con-
ditions and the conservation of water
in that locality, and that in the alb
sence of professional forester he ask
ed Dr. Maxwell formerly Director of
{ the Experiment Station Of the Hawaii
s an Sugar Planters Association, to in
& vestigate the matter and report to him
Z The report was received, which was
Z favorable to the granting of the appli-
!, cation Governor Dole however, re-
!, ferred the matter to the administration
3 at Washington, inasmuch as the Ha-
B waiian lands are in the control of the
|, Federal Government and their legisla-
& ton controlled by Congress.
Secretary Hitchcock, in reply to the
8 Governor, says in part: I'm response
!. thereto 1 have to state that upon con-
IS sideration of the facts presented do
IS not deem it advisable, at this time,
IS that the company be permitted to clear
IS a tract of more than 500 acres of land
s. especially as the Government has nc
6 skilled forester. In your annual report
6 YOU call attention to the fact that such
6 an officer should be provided and this
q it seems to me, can be done by the Ha-
& waiian Legislature at its regular ses-
q sion.'
& The Governor has also received dupli-
& cate copies of all land grants, ex-
& changes, patents and Government
g leases issued as from the Department
& of the Interior between July Z, 1898, anc
. September 28. 1900. In order to indicate
q that the sales were in ali cases per.
& fectIy valid the title is vested in the
s. department OIL lHteTioT, dSiiiHSl loIi
3 In this the Governor is fully sustained
3 by the administration. AT the botton
q of each list appears the following
9 which speaks for itself:
g Executive Mansion, Washington, d
9 c.. November 80. 1900.
9 Approved under the provision Of
3 section 73 of the Act of Congress ap-
u proved April so. 1900.
7 TAM M'KTNT,EY.''
On December 13 Secretary Hitchcock
Iagain wrote Governor Dole that tht
lists, in duplicate. of sales and othei
dispositions of public domain in Ha-
wall, made by the Hawaiian Govern
lnlent within the period above specified
(which were submitted to the Hawaiian
lexecutfve for consideration or execu
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