The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-01-06
.ELEU KEPT BY
THE TERRITORY
ADVISES AGAINST TURN
ING THE TUG OVER TO THE
COUNTY OF OAHU.

/ Deputy Attorney General Peters has
rendered an opinion at the request of
superintendent Public Works Hollo-
way, advising the latter as a territorial
official not to turn over the tug Eleu
to the county of Oahu, as provided by
the county act The opinion is of spe-
cial importance as bearing in some res
poets on the question of the legality of
the act. Peters sets forth his views as
follows:
Hon. c. S. Holloway, Superinten-
dent Of Public Works Territory Of Ha-
- wall.
! Sir: In reply to your verbal request
for an opinion from this department as
to whether or not, it is your duty to
transfer to the County of Oahu the
steam-g going tug Eleu, 1 have the honor
to say:
/ By the Act Of Congress dated the
9TH day of July, 1898 GO Statutes at
Large 1901, entitled Joint Resolution
to Provide for Annexing the Hawai-
ian Islands to the United States" the
Government of the Republic Of Hawaii
/ did cede absolutely, without reserve,
to the United States of America, the
absolute fee and ownership of all pub
Tic Government or Crown Lands. public
buildings or edihces, ports, harbors,
military equipment and all other
property, of every kind and descrip-
ton, belonging to the Government of
the Hawaiian Islands, together wiln
every right and appurtenance there
unto appertaining.
! RU tho Of Con orrace ,oyproxaH
the Both day of April, 1900, entitled
| IAN Act to Provide Government for
the Territory of Hawaii" the United
States of America, by virtue of Sec
81 Of Chapter of said Act, granted
unto the Territory of Hawaii the pos
session, use and control of all public
property heretofore ceded and trans
ferrel to the United States by the
Republic of Hawaii under the Joint
/ Resolution of Annexation. Conse-
quently the possession, use and control
of the tug Eleu is in the Government of
the Territory of Hawaii, and must be
maintained, managed and cared for by
it at it, own expense, until otherwise
provided by Congress, or taken for the
uses and purposes of the United States
/ Governor of the Territory.
To what extent the possession, use
and control of the Territory Of Hawaii
over the tug Eleu can be exercised is
a matter of deep consideration. The
SUPP enc Court of the Territory of
Hawaii has now before it, in the mat
ter of the Territory of Hawaii, upon
the relation of the Attorney General
Lorrin Andrews, against the Super
visors of the County of Oahu the ques-
ton as to whether or not property
held by the Territory of Hawaii unuer
Section 81 of Chapter Of the Organic
Act, can be transferred to the county
government Several other questions
of law are involved, but the case, ia
my mind, will be decided principally
on this one question of law. And
while not desiring to anticipate the
decision of the Supreme Court, it seems
to me that should no other question in
relation to the transfer of the Eleu
prevent, that the Superintendent OF
Public Works would be warranted in
refusing to transfer the same, on the
ground that it is the property of the
United States, and it's possession, use
and control is reposed in the Govern
ment of the Territory of Hawaii, and
it alone and not a subdivision or lesser
government thereof.
But other causes do intervene ire
spective of the aforementioned reason
upon which I would advise you to re-
fuse to transfer the Eleu to the County
of Oahu. Sec. 4S2 of the County Act
provides: "All property now in the
. possession of any officer of the Terri
tory of Hawaii, which has been used
in connection with any public works
or institutions, which by the terms OF
this Act are placed under the jurisdic-
ton of the several counties, SHALL by
the officers of the Territory having
= possession of the same, on the 4th day
of January, A. D. 1904, be delivered tC
the officer or board of the county by
this Act having jurisdiction of such
public works or institution"