The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1902-04-25
PUBLIC
WATERS
OF HAWAII
Full Text OF the
Vandevanter
Opinion.

u NandeNanter regarding the control
81 public waters IN the Territory %.
Hawaii Its importance excuses the
large amount Of space given to 1t:
Department OF the Interior Office of
the Assistant Attorney General.
Washington, April 4, 1909.
The Secretary Of the Interior.
Sir: You have referred to me, for
consideration and appropriate action
she application of John Walter Jones.
OF Honolulu. Hawaii, made to the OIL
GERS OF the Territory OF Hawaii. which,
IL granted by them. would create an
easement upon portion of the pub
JIG lands in said Territory, coupled with
"A right TO take from adjacent lands
during the existence of the easement,
earth, rock and timber-the easement
and right TO be used for the purpose
Of constructing, maintaining and oper-
sting all works necessary to supply
water for irrigating lands, developing
power. and for domestic purposes.
The applicant proposes to pay to the
Territory as compensation for the
granting of the easement sought, q
yearly sum ranging from $1,000 to $500,
and further proposes to furnish and
sell water for domestic and agricul-
tural purposes to those who are ac-
rluiring or leasing pubic lands. and to
owners of private lands, the rates
therefor to be uniform and to accord
of certain specified standards.
1t seems that the officers of the Ter
Titory are willing, and deem it advis-
able for the best interests of the Ter
ritory, TO grant the application, but
have withheld final action pending con-
sideration of the application by this
department. which is requested by
them.
Two questions are presented for con-
sideration: % Have the Territorial Of
1icers power to grant an easement upon
and over public lands of the Territory
for the purposes named in the applica-
ton. and If so, may they authorize the
grantee thereof to take from adjacent
land during the life of the easement
earth, rock and timber, the same to
he used in the construction, mainten-
ance and repair of the Improvement to
he erected? 90 Is it necessary for this
department to approve the application?
BY the Joint Resolution of July 7th
1888 $50 Stat. 1901 accepting the ces-
sion of the Hawaiian Islands, it was
provided that:
The existing laws of the United
States relative to public lands shall not
apply to such lands in the Hawaiian
Islands, but the Congress of the United
States shall enact special laws for their
management and disposition.
Section 70 OF the act of April 80 1900
81 Stat. 141, 15D, providing a govern
ment for the Territory of Hawaii, con-
tinued in force, with certain modifica-
tons to conform to changed conditions,
the laws of Hawaii relating to public
lands. which were in existence at the
date OF the passage of the aforesaid
Joint Resolution. Among the proyis-
ions thus modified and continued in
force are the following, being a part
of Sections 1863 and 1873 and subdivision
8 of section lS6 of the Civil Laws OF
Hawaii of 1897
Sec. 1863. The Commissioner of Pub
lie Lands by and with the authority of
the Governor and Attorney General,
shall have power to lease. sell or 9TH
erwise dispose of the public lands, and
other property, in such manner as he
may deem best for the protection Of
agriculture. and the general welfare of
the Territory. subject, however, to such
restrictions as may. from time to time
be expressly provided by law.'>
Sec. 1856. Sub. G. A land license"
it,, p'tSnse sranteu by the Ter
,.ar,.,, . ooeupa'ioh Oh iahd Ior
,.,,tti,, spai purposes, such as the
,,,o,,ai III, loVai Vi TIMBER the re-
&C 100 sun, NJ, sanu' sraVei OF stone.
nj. Commissioner OF Fup-
~ .ir,n -, snai, nave power from time
. ~ IN " eslapiish iorfhs OF all instru-
an. ior carrying out the
-, Gnu " MAKE, after ana re-
~ anu regulations Tor
Ths n Vi iaho hcehses' etc.
80 49, are rhe ohiy provisions In
!, - .aid ierritorS under which
' oa,heu that the power to
c. ~ .e ulho,y requested exists
,",v "a, 90 am INFORMED these statu-
o,a, iuto. nave not reserved Judi
me ~ e'atioh' put IL mas been