Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-01-25
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y
=
& II is possible that the Federal =
e Government may interfere In the =
q Lanai lands case aud take the =
= matter entirely out Of the hands =
4. Of the Territorial Courts. This =
= will only be done In case the =
= Government officials think they =
q have reason for believing that =
= the Interests of the United States =
q are Ia danger Of injury by any =
. action that may he taken.
4 United States District Attor. =
4 ney Breckons has received .
4. cablegram from United States =
4. Attorney General BoDaparte Ia. =
r. structing him to watch the Lanai T.
q case. and II he thinks IL wise for =
. the Federal Government TO Inter =
I. yene, to report To the Attorney =
= General.
!. .
a q q q :. . !. = 4 4 = = = = = =
Unless Breckons believes the United
States is Ia danger Of suffering ioss
however. through the action Of eithei
party to the suit. he will take No ac'
lion. He has no authority TO take any
action himself other than the report
Of the governmental attorney.
II McCandicss loses Out before ~
Territorial Supreme Court. II Is IN
,Iers,ood that he will carry the mattei
IL the Supreme Court Of the United
States. Ia that ease. BreckOns nigh
have to take up the local end Of thu
matter.
Breckons this morning refused u
discuss what he might do. He woui'
not even admit. "A few days ago, that IN
had received any instructions from
Washington regarding the matter. bu
Judge Gear stated today. while arguini
the case before the Supreme Court
that such instructions had been re-
ceived by the United States Distric
Attorney. Breckons was In court TIL
morning taking IN the proceedings.
The argument on the appeal from
the decree OF the Circuit Court over
ruling the demurrer Of the respondent
James w. Pratt, came up In the Su
preme Coart this morning. The jus
tees took "a very active part In the pro
ceedings. Instead OF simply lettinl
the counsel for the opposing side
make their arguments. and listening
To them. the court started proceeding
al once by asking questions.
Az soon as the justices were In thei
Hartwell propounded question u
Deputy Attorney General Milvertol
that OH the face Of II looked as II tn
complainant had gained a strong point
He asked IL II were not true that unde
the Organic Act only the Superintend
ent Of Public Works has the p0wer>i
acquire land for public purposes. an
that no such power IL given to III
Land Commissioner.
Judge Gear looked AZ much surprise
as Milverton. while Link McCandleJ
Immediately acquired broad. happ
smile which he continued To wear "a
morning. He evidently thought tina
he had won hands down. and on
point which neither he nor his attOI
ney had raised
However. as question after questio
was asked. first Of the Attorney Gen
erals department and then Of couns'
tor the complainant. Il became eviden
that the Court was taking In turn IN
sllha a.asll "A ria In nrhnr Ia. Ia
the attorneys To answer the objection
and questions that might be- put
them.
Attorney General Peters and III
deputy, Fred Milverton. expresss
themselves as well pleased with ii
general tend OF the proceedings an
said they thought they had had Il
best OF II all through.
In reply 10 the question first put /
Justice Hartwell. Mr.. Milverton n
piled that while II might be true tn
only the Superintendent of Publ
Works has the power To acquire Ian
for public purposes, the Land COmmi
sioner Is the only one who has q
right to dispose Of lands Of the publ
domain. II might, therefore. requi
one or more steps before the Ian
could pass under the control of n
Superintendent Of Public Works, b.
that could make no difference, ~ Il
AZ he could see, l4i
IN response TO a question by Justi
Wilder rs To what provision OF Il
statutes the Attorney Generals depaI
ment relies upon for the right OF Il
Land Commissioner 10 make the DR.
posed exchange. Milyert0n and Pete
replied that they relied upon secti'
264 This section OF the Revised la,
limits section 2j3 which provides tn
transfers OF public land shall be ma