The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-04-23

| force are the following. being a part
Of Sections 169 and 1913 and subdivision
OF section 1876 OF the Civil Laws OF
Hawaii of 1897:
4 Sec. 169. 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. 1s6. Sub. 6. A "land license
means privilege granted by the Ter
ritory for the occupation of land for
certain special purposes. such as the
cutting and removal OF timber. the re-
moval OF soil. sand. gravel or stone.
Sec 193. The Commissioner OF Pub
lie Lands shall have power from time
To time TO establish forms OF all instru-
ments necessary for carrying out the
act. and 10 make. alter and re-
woke rules and regulations for
the granting Of land licenses. etc.
The above are the only provisions in
the laws OF said Territory under which
II may be claimed that the power to
grant the authority requested exists.
So far as / am informed these statu-
tory provisions have not received judi
cial Interpretation. but II has been
shown that. prior to the establishment
OF the Provisional Government OF Ha-
wall. the officers OF the Kingdom,
charged with the administration OF the
public land laws. and under provisions
similar to the above. granted applica-
lions Of the character under considera-
fAvw tue ~. IN
GERS OF the Republic. under the afore-
said provisions. have heretofore claimed
and exercise the same power. and that
since annexation the Territorial off, ,
GERS have granted similar applications. I
The construction thus given To said
and To provisions OF similar
import. Is entitled to respectful con-
and should not be disre-
garded without good reasons. United
States vs.. Moore Cs5 L. S. go. 1857.
In determining the extent of power
intended to be conferred upon the Off
GERS named in said section 169, two
questions are presented for considera-
ton. viz: /. VIII the establishment OF
works TO supply water for irrigation.
power and domestic purposes in the
Islands protect agriculture
therein or conduce to the general well
ARE OF the Territory? 2. Is the power
10 grant an easement included within I
he power given TO lease. sell. or other
Wise dispose Of the public lands?
IL Is well known that large part OF
he islands Is arid or semi-arid. and
OF cultivation without irriga-
ion. The histories OF other countries. I
md the development OF our own. dem
'nstrate that the establishment. main
enance and operation of irrigation
works. in arid and semi-arid regions.
promote and protect agriculture and
.nhance the general welfare OF the
state This fact has long been recog-
lized by Congress and by the people
Il the Rocky Mountain regions and Pa
ific slope. as is evidenced by constitu-
ional provisions adopted. and Congress
onaI. state and territorial legislation
nacted to promote, encourage. and
protect irrigation enterprises; it has
,een recognized by the courts. as will
appear by reference to judicial ap-
,rovaI. construction and application OF
UGH laws: IL has been recognized by
he Iaw-Tnaking power of Hawaii. as
vill be seen in its laws relative to exer-
Use of the right OF eminent domain,
where power is conferred TO take pri-
ate property for the purpose of con
tructing dams. reservoirs, canals,
.isches. fumes" etc.
Il Is now universally conceded that
n 90, e---ise which has for its object
nc purpose. and which is calculated to
De- 4