The Hawaiian gazette., 1913-09-05
LAW VIOLATED,
OPINION OF
ATKINSON
Cites Ruling of United States At
torney General Relating to Per
manency and Leases of Property
Owned by the Federal Govern
ment.

Another feature in the controversy
over the Improvement of property own
ed by the federal government, by the
larbOr commissioners ut the expense of
the Territory, developed yesterday
when Attorney A. l.. G. Atkinson, ma
tional committeeman of the Progressive
party in Hawaii, dug up an opinion of
the attorney general of the United
States, on the act of July 2S, 1892,
which permits the war department to
lease government land for terms of not
longer than five years. This opinion,
be believes, forbids the war depart
ment to permit such improvements as
were made on the government wharf
site.
Referring to the act of July %, 1892,
, the opinion of the attorney general
states: fThc act forbids an occupation
which contemplates permanency or du-
ration longer than five years.
''The improvements made by the
harbor commission on this piece of gov
eminent ground to which they have not
the shadow of title, are supposed to
be permanent, - said Atkinson. cat
least it s hoped they are, in view of
the cost, and if such is the case the i'm
provements certainly come within the
meaning of the opinion as an occupa-
ton which contemplates permaneney
and soils in violation of the act.
Must Advertise, Is Claim.
'Further, ! might raise the question
as to whether the war department can
lease the wharf site to the Territory
without advertising the lease as open
to bidders. In other instances, where
portions of federal government land
have been leased, the war department
has advertised in order to permit OF
open bidding, and it might be well fol-
the harbor commission to look into this
before talking so glibly of the certainty
of securing IA renewal of a lease.
"Of course the war department may
be inclined to help the commissioner:
out Of the hole, and ! sincerely trust
q, TINT II dops feed, so, for if un indiyil
nal should secure the lease, he can Ger
taihiy prevent the docking of big YES
sells on the Waikiki side of the sliI
where the frontage of the government
property is 100 feet.
"'This light talk, too, of acquiring
the site by purchase or. exchange is evi
IDENTIFY made without the knowledge
that the, title TO the, property is vested
T, in the United States of America an'
that it would require an act OF congress
to permit of its sale or exchange.
~ q Personally | would like to see tn
Territory acquire title to the wharf, an,
for this reason | do not know whethe
'it5lis advisable to attempt to seetreiii
lease. 1t may be better to BEGIN a
once 10 pet n deed from congress 70
the land. Glt }.l
s'But the question as to whether tn
war department will be kind hearte
enough to take pity on the commission
ers and give them a lease or make som
other arrangement if it can, has moth
ing to do with the point ! have raise
and is only played up in the afternoo
paper TO cloud the issue.
"The proposition is simply this. Ar
the harbor commissioners showing goo
business Judgment and acting as faith
full stewards of the peoples none
when they spend something like hur
dred thousand dollars of the publ
funds in improving a piece of land t
which the Territory has no title, an
merely on the prospect of securing al
other five.year lease, which can be cal
celed at moment S nOticet
Sentiment viii Not Count.
elbow are the commissioners to kno'
when the government is going to d.
mand its property for its own usef A
the present time half of the old fisl
market, used as n territorial immigri
tion station, is packed with govern
ment stores. Suppose the commission
ers of immigration require the use
that building for territorial purpose
and call on the government to NOV
its stores? Where can it move the
to, save to the new wharf, which is u
government s property The war d
partment might erect II warehouse, bl
why should it go to all the trouble
securing an appropriation for this pu
pose, when it has n wharf and war
house ready to its orderl 1t will be
matter of business with the war d
partment, not sentinentality.
lone Man Commission
Possibly all the harbor commissio
ers should not be blamed in this ma
ter, for it is currently reported and h
been charged in a public meeting, tn
it is "A sone-man commission, referrin
presume, to Commissioner Wax
field, who, ! understand, accepted &
allegation as a compliment to himse
"As far as Commissioner MeStoc
er's letter in the afternoon paper
concerned, | regret that l could n
solve the English and must belle
that it was merely a painstaking
fort to further muddy the water.
"The vulgar structure on the Pl
gressiye party appearing in the Sta
al .hnr an.
ton merely indicates the mental pc
erty of the callow youth who indit
It and who is retrogressive while | 9
progressive and pIodd of it.
''My interest in this matter is n
only that of member of the Progre
i've party. but as a citizen of the II
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