The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-01-11
Comes Back AT M'CandIesS

quoted in the brief than when conid-
cred in tha light oft the provisions of
the Organic Act when correctly quot.
ed. Complainant says on page 20 of
his bref:-
"Agaiu 80 IS provide that wharyes
and landings ON any sea coast or har-
Dor shall remain under the control of
the Territory which shall enjoy the
revenue thcrefrom on condition that
said property shall be kept I'm good
condition for the use and convenience
of commerce etc. (Sec s0)'
Section SO of the Organic Act as it
actually reads is as follows:-
THAT until further provision is
made by Congress, the wharves and
landings constructed or controlled by
the Republic of Hawaii on any sea-
coast. bay, roadstead. or harbor shall
remain under the control of the gov
eminent of the Territory Of Hawaii,
which shall receive and enjoy all re-
venues derived therefrom, on condi-
ton that said property shall be kept
i'm good condition for the use and
convenience of commerce. but no tolls
or charges shall be made by the gov
eminent of the Territory of Hawaii
for the use of any such property by
the United States or by yny vessel
of war, tug, revenue cutter or other
boat or transport in the service of the
United States"
IT is clear from a reading of the
whole Section that the wharves and
landings referred to by Congress are
structures to facilitate transportation
and commerce, structures either erect
ed by the Republic of Hawaii or erect
ed by private persons and controlled
by the Republic The wharves and
structures referred to mean something
more than harbors or stretches of
beach where landings are capable of
being made Lanai may have one or
two fair harbors of landings, but un-
less there were on such harbors or
landings some structures erected for
the use and convenience of commerce,
Section 50 of the Organic Act would
not in any manner be applicable.
Compliments query (brief page ~
as to what becomes of that portion of
the Organic Act requiring the land
ings to be kept in good condition
for the use and convenience of COM
merce when the government of the
Territory seeks to sell all its public
land which includes the landings and
wharyes of Lanai can be answered by
the question, "What wharf or struc-
ture in the nature of a landing does
the bill allege will be disposed of by
the government under the proposed
eXchange?"
Between pages % and % of his
brief, counsel for the complainant
has slipped in a page unnumbered
upon which is pasted a couple of
printed slips evidently eulled from
some newspaper or newspapers. Tn,
= matter contained in the clippings
while interesting perhaps as express
= ing ideas upon matters which at tn
present time are merely discretionar,
b as far as the executive officers of tn
= Territory are concerned throw alb
solutely no light upon the legal ques
| ton involved in this controversy ant
are not of the slightest interest o
value to ga student of the law" Upol
r. what counsel for the complainant bas
7 missioner desires the Organic Ac
t changed to suit his monarchical ten
b denotes, the record does not disclose
n This statement as well as the clipping
j were probably incorporated into tn
/ brief to give to the claim of the CON
J, plainant a semblance of stability sue
e as a perusal of the compliments bill
r would fail to disclose.
t 1t is submitted that not only has tn
e complainant, i. L. McLandless no
3 shown that he has any interest stuff
e Gent to entitle him to bring this pre-
Y ceeding, or that either he or the Tel
t ritory will be damaged by the pre-
e posed transfer, but that from the allie
= cations of the bill, it cannot be gath
e cred that the proposed exchange O
r Lanai lands will be made in viola
: ton of any law. The demurrer to tn
s bill should be sustained.
e Respectfully submitted,
JAMES w. PRATT.
S Commissioner of Public Lands
a A -