The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-07-04


the ceding country ceases, except for
strictly municipal purposes, immediate
" upon the signature of the treaty OF
annexation 'The reasons for this
doctrine, as given by the Courts, are
that if the ceding power were to be
permitted to make grants and conces-
sions of land, privileges and franchises,
between the date of the signature of
the treaty and the date of ratification,
the coneessionary might be deprived
of a very valuable portion of the es-
tate which it had contracted to re-
ceive.'
By the Act of Congress commonly
called the Organic Act, passed April
5Oth, 1900, it was provided by Section
73 thereof "That, subject to the ap-
prevail of the President, all
franchises granted by the Hawaiian
Government in conformity with the
laws of Hawaii, between the 7th day
of July, 1898, and the 2Sth day of
September, 1899, are hereby ratified
and confirmed and, in this connec-
ton, it might be well to call attention
to the definition of the words "the
laws of Hawaii as contained in Sec
l of Chapter l of the Organic Act
''That the phrase 'the laws of Ha-
wall as used in this Act, without
qualifying words, shall mean the Con-
stitution and Laws of the Republic of
Hawaii, in force on the 18th day of
August, 1898, at the time of the trans
fer Of the sovereignty of the Hawa-
iian Islands to the United States Of
America
The Section above referred to seems
to clearly indicate that in the minds
of the trainers of the Organic Act the
transfer of sovereignty did not take
place until the 18th, day of August,
1898. If this construction is correct,
which is doubtful, the franchise was
granted by competent authority, but,
the treaty of annexation having been
signed prior thereto, such franchise re-
quired the approval of the Federal
Government to become effective.
In pursuance of the power vested
in him by Section IS of the Organic
Act, above referred to, the President
of the United States approved the
franchise granted to the Honolulu
Rapid Transit & Land Co., upon GER
tifcate signed by President Dole of
the Republic of Hawaii, which bears
date the 23rd day of May, A. D. 1906,
such approval also bearing the initials
of the Attorney General of the United
States, reads as follows:
"Whereas, by the seventy-third Sec
ton of an act entitled AN Act to pro-
vide a government for the Territory of
Hawaii, approved April Both, 1900, it
was, among other things, provided as
follows: THAT subject to the approx
al of the President, all sales, grants,
leases and other dispositions of the
public domain and agreements concern
ing the same, and all franchises grant
ed by the Hawaiian Government in con-
formity with the laws of Hawaii, be-
tween the eth day of July, 1898, and
the 2Sth day of September, 1899, are
hereby ratified and confirmed; and
Whereas, it appears by the GER
tiicate of Sanford b. Dole, President
of the Republic of Hawaii, which GER
tifeate bears date the 23rd day of
May, A. d. 1900, that the Honolulu
Rapid Transit and Land Company, or
ganized under an act entitled An Act
to authorize and provide for the con-
maintenance and operation of
a street railway or railways in the
District of Honolulu, Island of Oahu
was incorporated on the 30th day of
August, A. D. 1898, under charter
of incorporation, copy thereof is at
tached to SAID certificate; and that said
and granting of said
charter of incorporation We're made in
conformity with the general incorpora-
ting act of the Republic of Hawaii, !
and that the granting of the franchise F.,
conferred thereby, and all acts done
and proceedings taken in the premises
were done and taken in conformity with |
the laws of the Republic of Hawaii;
''Now, therefore, in conformity with
the provision of the act aforesaid, the
said franchise granted by the Hawa-
ian Government to the Honolulu
Rapid Transit and Land Company, is
hereby approved.
WILLIAM MCKINLEY.
~. w. CO
1t will be seen from the above that
the only right granted to the Presi-