The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-04-25

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.Hti'aN f.i mlIH
H' NI .I..H
] f .I ha HIIIIH and
FN.N INH HUHH Uf thf
HHf fhH Nf NH" IHu. tH n
~ N fa.UH..
bud I's
HU.II.. HI HHaII.u.
4 .nlf II.t .sIHUs .I.II.. and F.I.I.s.
HunI. finIr uuf territorial DEVASTATION
v.arfr1. ta promote. .n.Huialu. aud
iHHir.t Irrigation enterprises H bee
been recognized ny tho courts as will
/ Hllt1f ht frItiruUe tn Judicial az
I pf"t1i construction ana application NJ
Hunh laws. ID hnH hrHn recognized Boy
/ 300 lhW-mhhInE power uf Hawaii &C.
VIII n' seen ih ils ihWf relative tn rNrr-
'.'' Ni in' ithi ui eminent domain.
/ where power D. conferred to take rri-
! waite property for OBJ. purpose ~ Gone
/ fiinrinF dams. reservoirs. canals.
bitches. num.s etc.
u ls now universally conceded that
on enterprise which has f1r its object
NM luipusr. ana which is calculated 10
reclaim from thsit desert character and
hrins under cultivation, lands situated
ln am aria or semi-urid region. is an cn-
t"fpris" that promotes agriculture and
add- I" ih' wealth or tho community;
ana li has been too long. ana Is now too
wen settled, by high judicial authority,
10 aunt discussion, that water WorNs
used Tor developing power or for sup
plying water Tor domestic purposes, are
Tor the beneht OF the public. IL fol-
lows that' under said section 1872, the
officers therein named are given the
power to lease, sell. or otherwise dis
pose OF public lands for the construc-
ton maintenance and operation OF
4 such works as are mentioned In the
i application.
The power 10 cucumber the public
LANDS by the granting OF an easement
while not in specific terms given nv the
section, is clearly included in the words
employed. As Is plainly evident. The
purpose OF the section is to protect and
promote important beneficial public oh
jects, and should be construed lber-
ally i'm favor OF the public interests 81
this can be done without doing yio-
lence to its terms Sutherland stat.
Const Sec. 4iO Applying this well set
tied rule OF statutory construction to
the words employed. there can be no
doubt that the legislature intended To
confer the minor power of granting an
easement when II invested the off .ers
of the Territory with authority to con-
Yey the full title to public lands. con-
pied with authority to lease or other
wise dispose thereof. This view of the
meaning of the words employed is
strengthened by judicial decisions las
will be seen by reference thereto,
wherein were construed terms of SINH
lar import in the Federal Constitution
and in acts OF Congress. Il
Art. 4, Sec. 3, of the Federal Consti-
tuition provides:
That Congress shall have power to
dispose of and make all needful rules
and regulations respecting the Terri
tory or other property belonging 10 the |
United States.
In passing upon this provision the
Supreme Court. in United STATES VS. |
Gratlot ct al. "a Pet. 526. 530. held |
that ii authorized Congress to enact
TVS for the leasing of the nubIic do
main.
BY act of March q, 1919 G. Stat. ZOO
the Secretary of War was authorized. |
under the direction of the President. |
to cause to be sold certain military
sites. By a subsequent act passed April |
rs, 1928 a Stat. 264) the President was
authorized to sell certain lands which
had been conveyed to the Government |
for forts, arsenals, dockyards, light
houses, or any like purposes, etc.
In November, 1888, the Secretary Of
War entered into a contract with the
president of the Baltimore & Ohio Rail
road Company, by the terms of which
authority, for an indefinite period, was
granted to the company, among other
things to construct its railroad over
and across lands of the Government
included in the site of the Harpers
Ferry Military Arsenal. Under said
agreement the company entered upon
and constructed its line of railroad over
and across said lands, and oueratad
said railroad continuously thereafter
subsequently an action was instituted