The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-28
To
UNCLE SAM
The Territory of Hawaii
Has No Property of
Its Own.

|
There is not stick nor a stone il
any public building in Hawaii that wa.
| here when the islands were annexed
that belongs to the Territory. Neither
do the guns and other equipment OF
the police department. belong to the
Territory, all these things being the
property in fee simple of the United
| States government, held in trust by
the Territory as provided in the Or
ganic Act. And that makes new com
plication connected with the establish
ment of county government
The resolution of annexation, under
the terms of which the Republic of Ha-
waii passed out of existence, begins
with this preamble:
EVERYTHING TURNED OVER.
having, in due form, signified it's con-
sent, in the manner provided by it's
constitution, to cede absolutely and
without reserve to the United States
of America all rights of sovereignty
of whatsoever kind in and over the
Hawaiian Islands and their dependen-
cies, and also to cede and transfer to
the United States the absolute fee and
ownership of all public, government,
or crown lands, public buildings or
edifices, ports, harbors, military equip
ment, and all other property of every
kind and description belonging to the
government of the Hawaiian Islands,
together with every right and appur-
tenance thereunto appertaining, etc.
1t is true that this provision was
modified later in the passage of the
Organic Act, but it was a modification
only to the extent of turning the prop
erty over to the Territory of Hawaii in
trust. Section 81 of the Organic Act
reads:
HELD IN TRUST.
Section 91~z~ That the public prop
erty ceded and transferred to the Unit
ed States by the Republic of Hawaii
shall be and remain in the
possession, use and control of the gov
ernment of the Territory of Hawaii
and shall be maintained managed and
cared for by it, at its own expense,
until otherwise provided by Congress,
or taken for the use and purposes of
the United States by direction of the
President or of the Governor of Ha-
waii.''
The matter of the ownership of pub
lie buildings and public property has
been brought up now upon two ac-
con IS although the point raised is
interesting because of it's
relation to the establishment of county
government. The first point relates to
the sale of the tug Eleu by the Su-
of Public Works, not long
since, to Louis Marks. Mr.. Marks, !
having acquired possession. asked in |
lue time for registration under the /!
aw. End then Collector Stackable, |
he matter being thus brought Off /
tally to his attention, directed a polite |
,ut rather chilly note to Superintend- ,
mt Holloway asking him by what right
lie had disposed by sale of a tug boat
he property of the United States gov .
The Eleu. formerly the
;preckels tug Alert, was a part of the
ssets of the Republic of Hawaii, and
If course was turned over with the
est.
HOLLOWAY DOES NOT SAY.
Mr.. Holloway has not yet told by
What right he sold the tug, although
lie undoubtedly did it because of
,eneraI idea that the property of the i
Territory is the property of the Ter
itory, and not property held in trust
or the United States government. In
act, there seems small doubt that even
he steam scrapers. and shovels, and
mules, and wagons in the possession
f the Board Of Public Works are all
federal property. But. although Mr.
holloway has not replied, the matter
as gone up to the Secretary of Conn
nerce and Labor at Washington, ana
o a ruling that viii be official will
ONE back in time.
In the meantime, the case of the
lieu has caused a general furnishing
D of law books and law points among
he Federal and Territorial officials, |;
18th the result that all the police prop
rty, patrol wagon arms, ammunition.
nd all the rest of it has been found
, be in the same class as the tug, and
it is of course the Territory has no {
ight to turn it over TO the county /
uthorities
MIGHT. BE LEASED.
'I think that the matter can be ar
lnged," said Attorney General An
rews yesterday. when asked the d1-
act question. 1T seems to me that {
ases would cover the matter. although I
have not gone into it very thorough
="
'I have no right to turn the property
YER" said High Sheriff Henry, when
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