The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-04-14
READY TO
TAKE SITE
Transfer Of Land
Approved at
Washington.
(Mail Special to the Advertiser.)

| (Mail Special to the Advertiser)
WASHINGTON, D. c., March 2s.-
! Assistant Secretary Taylor, at the
Treasury Department, said today that
a legal report had been received from
the Attorney General, stating that the
| proposed transfer of public lands in
| Hawaii for what is known as the Bishop
street site, to be used as a site for the
new postoffice building, was entirely
legal and regular.
1t appears that Governor Dole, some
| time in January, addressed a letter
| to the Secretary of the Interior noti-
| flying him of the acquisition of a site
| for public building-the arrangement
being subject to the acceptance by the
Secretary of the Treasury of the site
for federal building purposes. The
opinion of the Attorney General was
requested as to the power of the
Territorial officers to acquire a site in
this manner, and also as to the power
Of the Treasury Department to assume
control of such site in the absence
of legislation authorizing such acqui-
sition.
ATTORNEY GENERALS VIEW.
In response to the inquiry, the At
torney General holds about as follows:
First-That the joint resolution of
annexation transfers to the United
States the ownership of all public
property, including lands, of the Re-
public.
Second-That under the Organic Act
the lands remain in the possession and
under the control Of the government
Of the Territory of Hawaii, and that
the existing laws Of Hawaii relative to
the management and disposition of
such lands are continued in force, such
control, however, being subject to the
right Of the President of the United
States to set apart any part of the
same for federal purposes.
Third-That under existing land laws
of Hawaii, the Commissioner of Public
Lands, with the consent of the Cover
nor of the Territory, has the right to
exchange public lands for private
lands
Fourth-That the lands acquired by
such exchange become public property
and subject to the power of the Presi-
dent of the United States to set them
apart for federal purposes.
Fifth-That, upon being authorized
so to do by the President of the United
States, the Secretary Of the Treasury
has the right to assume custody and
control of the site for a federal build
ing, Notwithstanding the fact that a
law of the United States provides that
mo land shall be purchased on account
of the United States except under a
law of the United States authorizing
such purchase"
READY FOR CONGRESS.
This" said Mr.. Taylor, "smooths
the way for making the transfer when
Congress desires it to be done. A re-
port will be made to Congress at the
next session, embodying the legal views
of the Attorney General, and then
Congress can, if it chooses, appropriate
money for the erection of the new
building and authorize the transfer of
the property for site.
The Attorney Generals opinion"
continued Mr.. Taylor, contains little
of interest, except the conclusion that
the proposed transfer will be entirely |
legal and regular He reviews the laws |
the public lands of the Islands |
and kindred statutes and draws the |
conclusion that a transfer of public
lands in the Islands for the proposed
site in Honolulu would be entirely |
within the law. But we cannot of |
course go ahead and actually make the
transfer until Congress authorizes it,"
Mr.. Alonzo II. Stewart, assistant
doorkeeper of the Senate, and intimate
ly known to the prominent Senators on
both sides of the chamber. is contem
plating a trip across the Pacific soon,
and expects to tarry in Honolulu. He
will probably be accompanied by Mrs.
Stewart. Mr.. Stewart is an intimate
friend of Senator Allison, the Republi-
can leader of the Senate, and halls from
the state of Iowa.