The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-01-05
TERRITORY IS SUSTAINED some POLICE MEASURES
ALL LAND TRANSFERS MADE ARE
CONFIRMED.
Mckinley Endorses Patents on Olaa
Sales, And the Squatters Must Go.
Mr. Baird Overruled.

All land sales and transfers made by
the Territorial government have been
approved at Washington and the pat
ents conveying the lands have been en-
dorsed by President Mckinley and re-
turned to Governor Dole. The Olaa
squatters are ruled out, the sale of their
land to other parties being confirmed
District Attorney Baird is also over
ruled in his opinion that the Territorial
government is not the custodian of
public lands, and has not the authority
TO dispose of such lands.
Secretary Hitchcock is the author of
the letter to Governor Dole notifying
him of the final conclusion of the gov
eminent in regard to the transfes The
President and Secretary base their ac-
ton on an opinion by Assistant Attor-
ney General Van Deventer, who is as
signed as counsellor to the Interior De-
partment. This opinion makes quite
interesting reading. A portion of it is
as follows:
answering your letter of the Bird in
slant enclosing letter of the 18th ul-
timO from the United States District
Attorney for 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 en-
closures named but / DO MT AGREE
WITH the United States District At
torney in his conclusion that the public
officers of he Territory of Hawaii are
not authorized to sell, lease or other
wise dispose of public lands in the Ha-
waiian 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 landr' 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 if its power and discretion has
made the Hawaiian officers and Ha-
allan laws subject to the changes and
amendments specified, it's instruments
for the time being for the disposal of
these lands.
In your fetter to me it is said, he
Omitted States Attorney seems to have
come to 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 l find Letter from Acting
Secretary Ryan to the Governor of
dated July % 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"
With regard to the application of H.
Hackfeld & Company fer permission to
deforest $500 acres of land in The Baker
tract near Hilo for agricultural pur-
poses SECRETARY Hitchcock suggests that
as at the present time the government
has no skilled forester, the company be
allowed to clear only 500 acres.