Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-04-14
.HILO POSTOFFICE
SITE TRANSFER
upheld

UNFOLDING the administration in its
land transfers to the Hilo Railroad
Company, explaining why and how
each deal between the government and
the company was made in good faith,
is legal and cannot be touched by the
legislature, the lands committee OF the
house this morning submitted q
lengthy report on the resolution In.
tIoduced some weeks ago by DR..
Archer Irwin.
DIR. Twins resolution called espe-
cially for an investigation OF the now
famous postoce site transfer TO the
railroad concern, of all other convey
anees of land to that or any other
railroad company since 1905; whether
there is reasonable ground on which
to base annulment proceedings for the
cancellation of the grants or transfers.
The committees report shows ex-
haustive and detailed study Of the sub
iect. 1t explains the matter in COM
prehensive way to the extent OF nine
teen typewriter pages.
In conclusion, summing up the en-
tire situation, it says:
From all the foregoing your COM
mittee finds:
81. That said conyeyances are legal
and were entered into in conformity
with the law and terms Of the con-
tract dated April Is, 1899.
"2. That in making said applica-
lions, the railroad company acted in
good faith, and in granting the Same
the officers of the territory exercised
sound discretion and protected the
interests of the TERRITORY ~ Including
within the conveyances clauses limit
ing the use of the land to railroad pur-
poses, and providing Cor forfeiture
upon breach of the same.
90. That said conveyances cannot
be annulled, nor can the terms OF the
contract entered into by and between
the minister of the interior and the
Hilo Railroad Company, Ltd, be I'M
paired by future legislation by this
house
-"In conclusion, yodr committee
wishes to state that though no laws
can now be passed affecting those con-
tracts already existing under the pres
ent terms of the statute. yet your COLL
mittee recommends, with view to the
future, that sections 7S3 and 7S4 Of
the revised laws be amended so that
notice shall be given to the public OF.
all applications for grants OF land filed
by railroad companies, together with
the time and place for hearing the
same. and giving an opportunity to
persons opposing to file protests; also
that limit be placed on the areas
which may be granted based upon the
particular use, connected with railroad
purposes, to which said land is to be
put"
Explaining how the idea has grown
that the postoffice site transfer was
Illegal, the report says, on page 8:
From the foregoing it will be seen
that the Hilo Railroad Company, prior
to 1909, by grant and purchase had
acquired the whole of the Waianuenue
street lot, and that the conveyance of
April %, 1909, was merely a confrnia-
ton as to what had been done rela-1
tive to the same property several
years prior thereto.
While the SuD-c0mmlttee OF Lhls
committee was in Hilo, the point was
raised by. a prominenT citizen ques-
tioning the legality of said convey
ance on the grounds that the amend
ment to Section q of the Organic Act
repealed Section 7S4 OF the Revised
Laws, and that said conveyance was
illegal as not having been approved
by two-thirds of the members Of the
board of public lands, as required by
the amendments to Section 73 of the
Organic Act.
I'm response to this question your
committee calls attention to the fact
that the amendment to the Organic
Act was approved May "a 1910, or
more than thirteen months after the
conveyance of April %, 1909; and that
said conveyance was in no way sub
iect to the provisions of Section 70
of the Organic Act