Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-02-23

approved July Z, 1898, snail |
be and remain in the possession. use.
and control of the Government of the !
Territory of Hawaii, and shall be
maintained. managed. and cared for by |
II. at its own expense. In view of the |
foregoing provisions of law an express |
sion of your opinion Is desired. as to
whether the appropriation for Collect
ing the Revenue from Customs" which
Is charged with the expense Of renting
quarters for customs purposes. can be
made available for rent to be paid to
the Territory Of Hawaii for the use Of
the custom-house at Honolulu, former
ly the property of the Republic OF Ha-
wall. ag-o an sts r..
while this Department has not felt
authorized to request an expression OF
your opinion as to the right of the Ter
ritory of Hawaiiyto charge the United
States rent for use of the post Office
building, heretofore referred to, II has
deemed II eXpedient to refer to the
matter m order that yon may give the
'aubject such consideration ms to you
seems proper. inasmuch as the. status
of said buildings appears to be, pre-
cisely similar to that of the custom
house at Honolulu" " '''
B.ri .ru.F
30 The legislation upon this subject
having been enacted at different times
and under different circumstances
there is difficulty in interpreting its
various provisions so as to provide in
satisfactory manner, from a practical
point Of view. for contingencies that
have subsequently arisen. o.
BY the Joint Resolution OF July 7,
1898, providing for the annexation Of
the Hawaiian Islands go Stat. 1907.
1t Is provided that all the property and
rights of the Republic Of Hawaii, in
Guiding the public lands and buildings,
"are vested in the United States Of
America" 1t also provides that the
municipal legislation.;o the Hawaiian
islands shall remain In force until Con-
,gress shall otherwise determine. and
that the existing customs regulations
shall remain unchanged until the Gus
toms laws of the United States shall be
extended over tho Islands.
1t further provides that
Until Congress shall provide for the
Government OF such Islands. all the
civil judicial and military powers ex'
ercised by the officers of the existing
government In said Islands shall ba
vested in such person or persons. and
shall be exercised in such manner. as
the President Of the United States shall
direct. and the President shall have
. power to remove said officers and fill
. the vacancies so Occasioned."
The tranfer of the sovereignty and
property of Hawaii to the United States
was made August ~, 1898. g Comp.
Dec. 20S.) In the meantime, under date
of July s. 1898. the President directed
that
the civil judicial and military powers
in question shall be exercised by
the officers of the Republic of Ha-
wall as II existed just prior to the
transfer of sovereignty. subject to
his power to remove such officers
and to I'LL the vacancies"
The effect of this order OF the Prcsi
, dent In my Judgment was to continue
the Government OF the, Renublic of He
wall Just as II had been prior to the
act OF cessiOn. resdf'ving TO the Presi-
dent the right TO remove all these OH
GERS and fill all existing vacancies that
>, Rlight ocCur, thus leaving the owner
shin OF the said property In the United
States bit its actual possession HI those
70 officers representing the people of Ha-
IwojE nntfta civil government was pro-
r. videtoarNther disposition made. .rela-
tive TO the possession Of said property
Possession I'm lies Permit.
Section 81 also provides that this
property may be taken for the uses
and purposes of the United States by
direction OF the President or Govern
ment Of Hawaii. II the officers OF the
customs service of the United States, OF
OF the Postal service of the United
States, took possession of any part Of
this property for the uses and purposes
Of the United States with the full
knowledge and assent of the Governor
of Hawaii. | am of the opinion tha
such taking of possession under sucf
circumstances would be equivalent o.
direction so to do by the Governor
OF Hawaii. and the United States undel
such circumstances would not be le
gally or equitably liable to pay rem
for such property to the Territory o.
Hawaii, Notwithstanding that sub
: sequentj dAmandh may have been made
: by tie Governor of Hawaii for rental.
,, II, on the contrary, the officials o
!. the Customs service or the postal ser
!, vice OF the United States took posses
, sion of any Of these buildings or part
: thereof for the uses and purposes o
= the United States without both tn
, knowledge and assent of the Governo
4 OF Hawaii Congress not having mad
: provision for such possession and sucl
Q direction not having been made by tn
I President, under such circumstance
a the United States would be legally liza
= BILE for the fair rental thereof. as of al
= implied contract of rental for sal,
r buildings or any parts thereof so tax
en- and used by the United States 70
I Its own use and benefit, and the prope
: appropriations for Expenses of collect
s Ing the customs revenue and the pos
A tai service would be available to pa,
: such rental.
] put the case upon these suppositi
: tlpus facts in the absence Of knowledg
= OF just how the United States becam
possessed III such buildings or part
= thereof for Government use. There I
o a different provision in respect to tn
e quarantine station at Honolulu. Sec
n ton 81 OF the Act OF April 80, 1906
t provides, among other things, as fol
= lows:
70, THAT quarantine !. station an
4 'gronrdb at the baSh0r d. ltotolulu, to
4 gethor with all the public property be
G longing to that service, shall he tpans
= ferrcd to the Marine Hospital Servic
"a III the, United States.