The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1916-05-02
TIDE .
LAND. ASKED FOR
BY LAND OWNER
Hagens Wants To Annex Part of
Pearl Harbor For Grass
LAND COMMISSIONERS
DEFER TO HARBOR BOARD
Forbes Wants To Reclaim Land
and Sell Lots In
Front Row

The application Of J. F. G. Hagens
for permission to buy the land between
highwater mark and the bulkhcad line
In front of his country place at the
Peninsula, may lead to the application
Of the rest of the property owners for
the same privilege. On the other hand
the government may refuse to permit
the sale and after filing up the land
sell it in lots and thus cut off the hold.
ers of waterfront property from the
enjoyment of their present access to
the water.
The matter of the sale of the land to
Mr.. Hagens was brought up in the land
commission meeting yesterday and
caused q deal of discussion. There was
o doubt in the minds of the commits
sioners as to their right to NEEDLE"
In something which seemed to be with
in the jurisdiction of the harbor board.
Problem Of Dual Responsibility
Under the provisions of the new act
of congress the harbor board has the
"care and control of all land belong.
ing to the Territory below mean high
water Heretofore the land commits
sioner had control of this land and al.
though it is the opinion of the land
commission that the fee to this land
still remains in the land commissioner
and no other, there is the problem of
dual responsibility.
Judge A. A. Wilder appeared before
the land commission to advise the
members Of the desire of his client.
Mr.. Hagens wants the land fronting his
place at the Peninsula below mean
high water mark. He wants to fill it
in and then beautfy it. The land de-
sired consists of about four and half
acres now covered by water at high
tide. To prevent the erection of unde-
sirable shacks or other structures which
would interfere with the view purchas-
ed with the place, Mr.. Hagens pro-
poses to buy the land.
Land Should Be Reclaimed
Informally the harbor board has ad-
vanced the opinion that it would be
short sighted policy for the Territory
to part with the land. Superintendent
of Public Works Forbes is of the opin-
ion that the government should re-
claim this land between the two lines
and fill it in and dispose of it at auc-
ton. In a case of this kind there
necessarily would be a great deal of
litigation by property owners.
In case the land applied for by Mr..
Hagens is sold to him then it is sup
posed that the other owners of proper.
ty will try to get the same rights for
themselves. The matter of the appli-
cation was turned over to the Oahu
members of the commission and the
land commissioner was advised to ap.
point board of appraisers to put a
price on the land wanted before any
action is taken by the board.
While the new law is broad and very
general in its provisions there seems to
be an idea in the minds of several law
yrrs that it will not apply 80 far as
the harbor commissioners are concern
ed to Pearl Harbor and its shores.
Navy May Have Control
The instance of the refusal Of the
naval authorities to allow the transfer
of the German ships informed here TO
lcarl HaTbOr, when the commissioners
desired it, is taken as proof that Pearl
llurbOr is closed to any vessel not per
mtted to enter 10y the navy, and so
this being the case the harbor board
viii not have any authority there.
Judge Wilder was of the opinion
that the title to the land involved in
tho request was still in the land com
missioner, subject to disposal, with the
consent and approval of the land com
mission and the Governor, and that the
law giving the harbor commissioners
the care and control of the land did not
go any further than that, and vested
no title in them. The matter of the
approval of the application for the sale
of the land will be taken up and dis
posed OF the next meeting of the com
mission.