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

or lease or other disposal of such lands
shall be appropriated by the laws OF
the government of the Territory Of
Hawaii and applied to such uses and
purposes for the benefit of the inhabi-
tants of the Territory of Hawaii as
are consistent with the joint resolution
of annexation, approved July Z, 1898;
Provided, There shall be excepted the
provisions of this section all lands
heretofore set apart, or reserved, by
executive order, or orders, by the
President Of the United States.
Section 81 of said act provides:
That the public property coded and
transferred to the United States by the
Republic of Hawaii, under the joint
resolution of annexation, approved
July Z, 1898, shall be and remain in the
possession. use. and control of the gov
eminent Of the Territory Of Hawaii
and shall be maintained, managed, and
cared for by 1t at its own expense, un.
I'll otherwise provided for by Congress,
or taken for the uses and purposes OF
the United States. by direction of the
President or Of the Governor of Ha.
wall, and all moneys in the Hawaiian
Treasury and all the revenues and
other property acquired by the Repub.
lie of Hawaii since said cession. shall
be and remain the property of the Ter
ritory of Hawaii.
No Title In Territory.
1t is noticeable that: % Neither of
these sections. or other provision of the
act of 1900, vests in the Territory Of
Hawaii the title, or right of property
TO any of the properties transferred by
the cession. (2) That the Hawaiian
public land laws are continued" in
force but without words giving retroac-
tive effect from September 2S. 1899. to
July Z, 1898. 90 That acts done under
assumed authority of Hawaiian laws
between those dates are ratified and
confirmed Subject to approval of the
President Of the United States" and
without such approval are not con
firmed by the act. az That in respect
to the public property ceded and trans
terred to the United States under he
joint resolution OF annexation all that
passed to the Territory by the act OF
1900 were the use, possession, and
control" thereof.
The last clause of section 81 (supra)
is noticeable in that 1t recognizes the
Hawaiian government as continuing to
exist after the cession, with the incl
dent to organized social existence of
capacity to acquire and hold property.
The Hawaiian Republic before its
annexation had all the powers incident
TO sovereign state. and, though the
sovereignty ceased by annexation. the
condition of an organized body politic
has continued unbroken, though modi-
fed in form and powers. The power
incident to all organized governments
to take, acquire, and hold property for
public use has never been lost or taken
away. The title to all public property
had. before the cession vested in the
United States, with the expressed in
tention that the public lands should be
subject to the management and dispo-
sition of Congress for the use and
benefit of the Hawaiian people, but
subject to the right OF the United
States to use and occupy parts OF such
land to its own civil, military. or naval
purposes. Whatever Hawaii acquired
after the cession and before April 30.
1900, was by the act of that date. con-
fined to the Territory.
Hawaii has, thereupon, always haa
power to acquire and hold property for
public use. When exchanges OF land
ire made, If that granted is part of the
public domain and that acquired Is for
local public use, the grant should be
as In administration pro tan
% OF the trust upon which the public |
ands In Hawaii were received by the
United States. To whom the title of |
he property acquired by the exchange
should be taken depends upon the pur-
lose of its acquisition. II the land ac-
luired Is for uses of local government, |
such as street and road widening and |
extension" named by the Governor. |
tile should be taken to the Territory. |
The United States has no interest in |
public property Of that kind acquired
lfter the cession, except the sovereign
light of supervision of the local gov
In the regulation OF its use
md its disposal of it. Public property
If that kind. strictly of local interest.
belongs to the local government, and
n acquisition of 1t title should be TAX
m to the Territory of Hawaii. This
,ould be the result IL the same public
ands were sold and the proceeds used
or this local public purpose in pur,
iuance of the resolution of annexation.
BY adopting the Hawaiian public land
avs, including those relating to ex-
'hanges, Congress indicated its con-
ent that this should be accomplished
~ the more direct method OF an ex-
.hange wherever that is authorized by
he laws Of Hawaii
Whether exchanges of public land
ire authorized by the Hawaiian laws
where the lands acquired in exchange
re obtained for other than local pub
lie uses-as, for instance, to be part OF
he public domain and subject to dispo
ial as such, have not fully inquired,
'ut If so the conveyance should not be
made TO the Territory of Hawaii, but
n the ITnita1 Gtatag ,,,Li.L /