Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-06

1897, gives the Minister Of the Interior
(now Commissioner of Public Lands)--
Power to lease, sell. or otherwise dis
pose Of the public lands, and other
property. in such manner as he may
deem best for the protection of agricul-
ture, and the general welfare of the
Republic territory, subject, however,
to such restrictions as may, from time
to time. be expressly provided by law.
Section POI provides that:
patents may be issued in exchange
for deeds Of private lands or by way of
compromise upon the recommendation
of the Commissioners and with the APP
proval OF the Executive Council with
out an auction SALE
Section IFS provides that:
The provisions Of section III shall
not extend or apply to cases where the
Government shall by quit-claim. or
otherwise. dispose of its rights in any
land by way Of compromise or equita.
BILE settlements of Government lands in
return for parcels of land acquired for
roads, sites of Government buildings,
or other Government purposes.
Section 1S6 provides that
In this act, II not inconsistent with
the context, public lanus" means all
lands heretofore classed as Govern
ment lands, all lands heretofore class
ed as crown lands, and all lands that
may hereafter come into the control
of the Government by purchase, ex-
change, escheat, or by the exercise of
the right of eminent domain, or other
wise, except as below set forth.
Sections $40 and 357, inclusive, re-
late to opening. improving, and clos
ing highways, under which proceedings
may be had for ascertaining damages
for land taken for such purposes. Sec
ton 1874 relates to the settlement OF
damages in such cases, and provides
that:
The Minister shall have the power
to compound and compromise with
any claimant, owner, or other party n
terested. either before or after any
such decision Of the Commissioners in
any way he may deem most advan-
tageous to the Government, and for
that purpose may substitute other
land in lieu of that taken.
These are the only provisions found
by me which relates to exchanges OF
public lands for private lands. The
existence Of power to make ex-
changes is clearly indicated by these
citations, but the extent and limitations
upon that power are not at all well de-
fined
The joint resolution of annexation OF
July I, 1898 $50 Stat, 1907, recited that
the government of the Republic OF Ha-
wall coded and transferred to the Unit
ed States
the absolute fee and ownership OF all
public. Government, or Crown lands,
public buildings or edifces. ports, har-
bors. military equipment. and all other
public property Of every kind and de-
scription belonging to the Government
Of the Hawaiian Islands, together with
every right and appurtenance there
unto appertaining;
and declared:
That said cession is accepted, rati-
fed and confirmed, and that the said
Hawaiian Islands and their DEEPEN
1encies be, and they are hereby annex
ed as a part Of the territory OF the
United States and are subject to the
sovereign dominion thereof, and that
all and singular the property and
rights hereinbefore mentioned are vest.
ed in the United States of America.
The existing laws of the United |
States relative to public lands shall not
apply to such lands in the Hawaiian
Islands; hut the Congress of the Unit
ed States shall enact laws for their
and disposition; provid-
ed, that all revenue from or proceeds |
Of the same, except as regards such
part thereof as may be used or occu-
piel for the civil, military or naval
purposes OF the United States, or may
be assigned for the use of the local
government, shall be used solely for
the benefit of the inhabitants of the !
Hawaiian Islands for educational and |
other public purposes.
No words could be more comprehen-
siye, nor can 1t be doubted that the
title OF all public property of the Re.
public OF Hawaii OF every kind vested |
thereby in the United States and that
he public lands in Hawaii became sub
ject to the sole disposal Of Congress,
under the pledge respecting the use OF
the revenue from or proceeds Of the
same.
No law for the disposal OF the public |
ands in Hawaii was continued in force
by the joint resolution of annexation, |
and the existing United States public
land laws being declared inapplicable,
The inevitable conclusion is that all |
power OF sale or alienation of the pub
lie lands in Hawaii b. the Hawaiian
authorities ceased at the annexation of
he Islands by the United States. Only |
The governmental powers of the then
existing government were saved in
'orce by the third paragraph of the
|oint resolution of annexation. From |
July 7, 1898, until the act of April 80,
300, there was no power existing to
llienate In any manner any of the
public lands in Hawaii for any pur-
'ose, by exchange or otherwise
The act of April 30, 1900 81 Stat,
.4D, section 70, provides: