Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-01-20

person, II an allen, to have declared
his intention to become citizen be.
fore he enters under the preliminary
agreement, and to become citizen
before he can .obtai nhis patent; and,
While It. provides for forfeiture for
noncompliance with the terms Of the
agreement II provides also that the
time for compliance may be extended
upon its appearing that an effort AZ
compliance has been made In good
faith.
The amendment provides fpr bring
ing the management of the public
lands entirely under the land Office, IN
stead of leaying It, as at present. under
several departments-pxcept insofar
as certain lands may be transferred to
other departments for their use. Al
present lands may be. sold and con
veyedib by anyone of three depart.
ments, ut least, thus giving rise to
confusion in records and other dlfRcul
ties. It'also provides THAT when pri
yatc lands are obtained by exchange
for public lands they shall have the
same status as II they ha dpreviously
been public lands. This is intended
merely to settle various questions Oi
doubt that have arisen as to the title
to and status ri lanils obtained by tX
change. The amendmcni provides also
that the tCtting aside Vt lands for for
est and CHcr purposes or withdraw
ing the "Une, shall bp done by the
Governor, end that Will, so set aside
he lands Lay be mar ise as may bo
provided :" the Jaws OF the Territory
II Is now aQuestion whether the Gc v
crnor or Tho commits: bncr Of public
lands Is the proper per pph TO set asii,
lands for certain public purposes and
also whether, for instance, in the ease
OF forest lands they mps be msnaged
by the bureau OF agriculture ana for
ostry or must be manage by the sup
crintendent Of public works. The
amendment repeats a NIL, iDer of sec
tions In the land laws which are in
conflict with or superseded By the pro
Used amendment. Other minor lifR
culties experienced In the adminlstra
ten OF the lands are also remcJiCd bJ
the amendment.
Section 6, Repeating Section 20 O..
Section 10 provides that there shall
be high sheriff of the Territory. ia
was enacted before the estabhshnicn
OF county governments, Nov thai
there are county sherlffs there IL lirtl,
need of high sheriff, and The rcpsa
OF this section will permit the legle,,..
ture of the Territory. II 1t dctms i
best, to abolish that, office. d..
Section z, Amending Section 80
The main object is to permit IL,
governor 10. remove onlcers Appointed
by him5 without requiring the crnsen
Of the senate The consent of the Sen
ate is required now Tor the removal a
wen ms for the appointment of officer
appointed by the Governor The pro
vision requiring such consent to re
movals was inserted under condition
arising out of the monarchy and IL
overthrow, which no. longer exist. TIL,
requirement of such consent to remoy
ils was inserted under conditions aris
Ing out OF the monarchy and its over
throw, which no longer exist. The re
qulremcnt Of such consent to removal
placed my two predecessors In the gov
crnorship In very embarrassing posi-
lions. There should be authority [,
'emove between the biennial session
without having to call the Senate II
special session at cost of severa
thousand dollars.
Incidentally the amendment remove
the uncertainty AS to whether Justice
ana ffiudGes of the supreme and circul
courts hold until their successors ar
appointed and qualified or whethc
their Offices are ipso facto vacated uf
on the expiration Of their terms.
Section 8, Amending Section "a
The main object OF this Is to dis
qualify as judge person who ha
been OF counsel In the case, the terri
torim supreme court having decide
that that is not a disqualification. Inc
dentally the provision against a judg
sitting upon an appeal from his owl
decision is amended slightly, and IN
provision against his sitting on ne,
trial In case tried by lhm IL omitted
that by general consent not having o,
Grated well The Legislature Of IN
Territory Is also EiyeY authority 1
add other causes Of disqualification 1
case they should be desired. thus oil
Waiting the necessity OF applying [
Congress for that purpose.
Sectisp 8, Amending Section 81
Under section 81, the public prol
crty ceded to the United States upo
annexation remains IN the control G
the Territory, but the President or tn
governor may set aside any of II fo
the uses and purposes OF. the Unite
States. In some cases property ha
thus been set aside as II matter OF pr,
caution which has subsequently bee
found not needed. One object of TN
amendment is to permit such propert
to be restored, but only by direction
the President, to its previous status.
| ,Another-object Of the amendment