The Hawaiian gazette., 1906-02-06
TERRITORY
POWERLESS

cent, sale OF the tug Eleu, Nnlcn saie
was annulled at Washington on the
ground that the tug was Federal prop
erty, and consequently could not be
sold by Superintendent of Public
Works Holloway, has led to some rath-
er interesting correspondence between
the National and Territorial author
tiles, and the final introduction in Con-
gress of bill giving the Territory the
right to dispose Of property here be-
longing technically to the United
States, under certain restrictions. The
bill is as follows
BE it enacted by the Senate and
House of Representatives of the Unit
ed States of America, in Congress as
sembled, That all personal and nova
BILE property ceded and transferred to
the United States by the Republic OF
Hawaii under the joint resolution OF
annexation. approved July Z. 1898. may
be sold, leased or otherwise disposed
of in such manner as may be provid-
ed by the laws of Hawaii
Provided That all sales, leases, or
other disposals of such property here
tofore made by said Territory, under
the authority of such laws, are hereby
ratified and confirmed, and all moneys
or revenues derived from sales or
disposals heretofore made. or made un-
der authority of this act. shall remain
the property Of said Territory"
This bill was introduced as result
very largely of the writing by Gov
ernor Carter of the letter following to
Secretary of the Interior Hitchcock:
Executive Chamber,
Honolulu, Hawaii, Dec. r. 1905.
Dear Sir. The Chief Executive of
this Territory is responsible for its
property, and as such / find myself in
a peculiar position--in fact, 1t is rather
remarkable.
BY the terms of the joint resolution
to provide for annexing the Hawaiian
Islands to the United States. approved
July I, 1893, 1t was provided that the
Republic of Hawaii ceded to the Unit
ed States the absolute fee and owner
ship of all public, government or crown
lands. public buildings, or edifices,
ports, harbors, military equipment, and
all other property of every kind and
description. belonging to the govern
ment of the Hawaiian Islands, together
WITH every right anu dppui tShuhSS
thereunto appertaining.
The existing laws of the United
States relative to public lands were
not, however. to apply. Congress was
to legislate especially in regard to
them, and all revenue and proceeds
therefrom was to be solely for the
benefit of the inhabitants of these is
lands. And, further, that until Con-
! gress should provide for the govern
ment of these islands, all the civil,
judicial and military powers exercis-
ed by the officers of the existing gov
ernment were continued in such per-
sons as the President should appoint
Thus method of transition was
reached. Nfs Aii =
BY virtue of the treaty of annexation
and this joint resolution the title to
all public property, both real and per-
sonal became vested in the United
States of America The personal prop
erty so transferred comprised vast
amount of material of every kind
Office furniture, books, tools, and ma
chinery used in internal improvements,
live stock and vehicles-in short, the
usual variety of personal property
necessary for the conduct of govern
mental affairs such as had existed for
years in these islands. Among other
property so transferred was the steam
tug known as the Eleu.
None of this property was ever re-
ceived or taken any. account of by
any Federal official 1t practically re-
mained in the hands of the various
departments through the transition pc
ind citner st,f hi i,,tA h.
tody of the Territory.
When the Organic Act was enacted
some two years later it contained a
provision relative to the property so
transferred. That provision is as fol-
lows:
Sec. 81. That the public property
ceded and transferred to the United
States by the Republic of Hawaii un-
der the joint resolution of Annexa-
ton, approved July T. 1898, shall be
and remain in the possession, use and
control of the government of the Ter
ritory of Hawaii, and shall be main
tained managed, and cared for by it,,
at its own expense, until otherwise
provided for by Congress. or taken for
the uses and purposes of the United
States by direction of the President or
of the governor of Hawaii. And all
moneys in the Hawaiian treasury, and
all the revenues and other property
acquired by the Republic of Hawaii
since said cesson shall be and remain
the property of the Territory of Ha-
wall"
This section appears to leave with
the Territory only the possession, use,
and control of this vast amount of
personal property. subject to future
disposition by Congress. Yet at the
!. same time property acquired since July
T. 1898, appears to be vested In the
Territory, and its various officials. as
provided for by law, can dispose of
the same. But no power appears to
have been given TO the Territory to
dispose of any OF the property that
was ceded.
The Republic of Hawaii operated the
tug Eleu. as in the early days govern
ment assistance was necessary I'm or
der TO maintain a tug here. and thus
In way II became a function OF the
In gaIa Ar