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Post Office Box 718
THURSDAY MARCH 6, 1902
Prince Henry was wise He made
friends with tho newspaper bovs
Thereby Is Paramount Carter's error
again brought Into prominence
MONI3Y OK INTEGRITY.
People have something better to do
novvadajs than to spend their money
on elections that do not eh ct. Thurs
As the Advertiser has been the chief
exponent of those opposing a preserva
tion of Republican party Integrity, It
Is safe to presume that this squib ex
presses the sentiment of those opposed
to the Ri publicans of the 1'ourth Dis
trict placing an candidate In the field
for the special election Coming from
the official organ of the Governor, this
statement Is at once an admission ot
fear that tho part) cannot carry any
candidate through to success, and n
further nnd more damaging admission
that, In the estimation of the faction
represented by the morning organ,
money Is the first consideration
If mull elements 11 ro allowed to pre
dominate the counsels of the part) it
Jieed never hope for success at the
polls. Pear of the results of a contest
never has and never will win a politi
cal battle, nor will It bring to the ranks
the floating or hesitating vote. Nor
'will the power of inone). Haunted in
tho faces of the voters, strengthen Its
prebent following or appeal to possible
The pollc) voiced by Thurston's pa
per is one of party destruction not
alone for the special election but moro
particularly for the general election of
Isovember The ultimate result of such
a policy Is to place a dollars and cents
valuation upon every vote and every
party principle To do this in an Amcrl
inn comrounlt) of intelligent citizens
is utterly ruinous. If business Inter
ests are to conduct their political bat
tles on such lines It will be Impossible
for them to carrj a single pccclnct or
district nt any election. If divisions
are to be made on financial lines as Is
suggested by tho Advertiser, alienation
of Hawaiian-American and the Iqbor
vote Is certain, and thus will two most
Important factors pass over to the op
position. With a Democratic candidate In the
field, a Homo Rule candidate to be
named, and money thus far named as a
ruling factor In Republican tounsels
It Is npparent to every honest thinking
Republican that the party must go for
ward and mako the contest or else bo
relegated to third plate In the onlj dis
trict of the Islands which It has been
nule to carr) Once allow money to
force n failure to act and all the money
'Jn the country cannot securo n revlvnl
of the party prestige that will thereby
he lost .
PIT Ml liCll
The steamship Sonoma arrived oft
port last night at about midnight
where she lay until morning. She
steamed through tho channel nnd
moored at the Oceanic wharf at about
S:30 a. m The following report of tho
trip is given by Purser Hodson
Tho Sonoma left San Francisco nt 2
4. m. on the 28th Inst. Cleared tho Gol
den Gate at 3 a, m. and discharged tho
pilot at 4 17 a. m arriving off Hono
lulu at 11 1G p. m. March 5 Experi
enced fine weather after leaving tha
Faralloncs till tho morning of tho 1st
when ran In a whole galo lasting till
noon of March 2 ; thence strong trades
nnd rough seas to arrival. Nothing
was sighted during the voyage
Among the passengers for this city
arc Mrs Eugene Field, wife of the late
author; Mrs. F. II. Humphrls, wife of
Dr. Humphrls of this city; A. Young,
A. de Souza Canavarro, the Portuguese
Consul at this port who returns from a
visit to his home In Portugnal; Mrs
F. M. Deas, who comes to visit her son
In Walalua, Mr and Mrs, J. D. Castle
nnd many others.
There is a good sized mall and a fair
freight for this city.
MOVEMENTS OP TRANSPORTS
San Francisco, Feb 2C Tho trans
port Egbert sallvl from Manila for
this port on February 18th and will
co in 0 by way of Honolulu, bringing
two battalions of tho Twenty-eighth
Infantry and 312 short term men, Tne
Sheridan left Manila last Sunday,
bringing 97 sick, G Insane, 1189 short
term men and tho headquarters and
First and Third Uattallons of the
Twentieth Infantry. Tho Twenty
ninth Infantry, which had been order
ed to sail on the Meade and Hancock
from this Vrt soon, will be held until
"THOUSAND ACRE" CLAUSE OPER
ATES AGAINST PROPOSED
(Continued from page 1 )
Governor has not Indicated by what
law of Hawaii authority Is, or Is sup
posed to he, given for disposal of pub
lic lands In or by way of exchange
Section 169 of the laws of Hawaii,
1897, gives the Minister of the Interior
(now Commissioner of Public Lands)
Power to lease, sell, or otherwise ills
pose of the public lands, nnd other
propcrt) In such manner as he ma)
deem best for the protection of agricul
ture, and the general welfnro of the,
Republic (Terrltor)), subject, however,
to such restrictions as may, from tlmo
to time, be expressly provldul by law.
Section 201 provides that:
patents mnj bo Issued In exchange
for deeds of private lands or by way of
compromise upon the recommendation
of the Commissioners and with the ap
proval of the Executive Council with
out nn auction sale,
Section 178 provides that'
The provisions of section 177 shall
not extend or apply to cases where tho
Government shall b) quit-claim, or
otherwise, dispose of Its rlghta In any
land b) wa of compromise or equita
ble settlements of Government lands In
return for parcels of land acquired for
roads, sites of Government buildings,
or other Government purposes.
Section 1SG provides that.
In this act. If not Inconsistent with
the context, "public latins" means all
lands heretofore classed as Govern
ment lands, all lands heretofore class
ed "as crown lands, and all lands that
may hereafter come Into the control
of the Government by purchnse, ex
change, eschiat, or 1 the exercise of
the right of eminent domain, or other
wise, except as below set forth.
Sections 312 nnd 357, Inclusive, re
late to opening. Improving, and clos
ing hlghwa)s, under which proceedings
may be had for ascertaining damages
for land taken for such purposes. Sec
tion 331 relates to the settlement ot
damages In such cases, nnd provides
The Minister shall have the power
to compound nnd compromise with
any claimant, owner, or other party n
terested, either before or after any
such decision of the Commissioners In
mi) way he may deem most advan
tageous to tho Government, nnd for
that purpose may substitute other
land In lieu of that taken
These arc the onl) provisions found
by me which relates to exchanges of
public lands for private lands The
existence of n power to make ex
changes Is clearl) Indicated by theso
cltattons.but the extent nnd limitations
upon that power are not nt all well de
fined. The Joint resolution of annexation of
July 7, 189S (30 Stat , 750), recited that
th government of the Republic of Ha
waii ceded and transferred to the Unit
tho absolue fee and ownership of all
public. Government, or Crown lands,
public buildings or edifices, ports, har
bors, military equipment, nnd all other
public property of every kind and de
scription belonging to the Government
of the Hawaiian Islands, together with
every right and appurtenance there
That said cession Is accepted, rati
fied and confirmed, nnd that the said
Hawaiian Islands nnd their depen
dencies be, and they are hereby annex
cd ns a part of the territory of tho
United States and are subjeit to tho
sovereign dominion thereof, and that
all nnd singular the property and
rights hereinbefore mentioned are vest
ed In tho United States of America
The existing laws of the United
States rclntlvo to public lands shall not
npply to such lands In the Hawaiian
Islands, but the Congress of the Unit
ed States shall enact laws for their
management and disposition, provid
ed, that all revenue frm or proceeds
of the same, except tu regards such
part thereof as may be used or occu
plel for the civil, military or naval
purposes of tho United States, or may
be assigned for the uso of the local
government, shall be used solely for
the benefit of the Inhabitants of the
Hawaiian Islands for educational and
other public purposes.
No words could bo more comprehen
sive, nor inn It bo doubted that tho
title of all public property of the Re
public of Hawaii of every hind vested
thereby In the United States and that
the public lands In Hawaii became sub
ject to the solo disposal of Congress,
under tho pledgo respecting the use ot
tho rovenuc from 01 proceeds of the
No law for the disposal of the public
lands in Hawaii was continued In force
by tho Joint resolution of annexation,
and the existing United States public
land laws being declared Inapplicable,
tho Inevitable conclusion Is that nil
power of salo or alienation of tho pub
lic lands In Hawaii b;- (ho Hawaiian
authorities ceased at tho annexation of
the Islands by the United States, Only
the governmental powers of the then
existing government wero saved In
force by the third paragraph of tho
Joint lesolutlon of annexation. From
July 7, 1898, until tho net of April 30,
1900, thero was no power oxlstlng to
alienate In any manner any of the
public lands In Hawaii for any pur
pose, by cxihnnge or otherwise ,
The act of April 30, 1900 (31 Stat.,
141), section 73, provides
That the laws of Hawaii relating to
public lands, tho settlement of boun
daries, and tho Issuance of patents on
land commission awards, except as
changed by this act, shall continue In
force until Congress shall otherwise
provide. That, subject to the approval
of the President, all sales, grants,
leases, and other dispositions of the
public domain, and agreements con
cerning tho samo, and all franchises
granted by tho Hawaiian government
In conformity with the laws of Ha
waii, between the 7th day of July, 1898,
and tho 28th day of September, 1899,
are hereby ratified and confirmed
And no lease of agricultural land
shall bo granted, sold, or renewed by
the government of the Territory ot
Hawaii for a longer period than flvej
)oars until Congress shall otherwise)
direct. All funds arising from the sale
or lease or other disposal of such lands
shall be appropriated by the laws ot
the government of the Territory ot
Hawaii nnd applied to such uses and
purposes for tho benefit of tho Inhnbl
tants of the Territory of Hawaii as
arc consistent with the Joint resolution
of annexation, approved July 7, 1898;
Provided, There shall bo excepted tho
Provisions of this section nil lands
heretofore set apart, or reserved, by
executive order, or orders, by the
President of the United States.
Section 91 of said net provides)
That tho public property ceded nnd
transferred to tho United States by the
Republic of Hawaii, under tho Joint
resolution of annexation, approved
July 7, 1898, shall be and remain In the
possession, use, and control of tho gov
ernment of the Territory of Hawaii,
and shall bo maintained, managed, and
cared for by It at Its own expense, un
til otherwise provided for by Congress
or taken for the uses nnd purposes ol
the United States, by direction of the
President or of the Governor of Ha
waii, and nil monc)s In tho Hawaiian
Treasury and all the revenues nnd
other property acquired by the Repub
lic of Hawaii since said ccrslon, shall
be and remnln the property of the Ter
ritory of Hawaii.
No Title In Territory.
It Is noticeable that: (1) Neither of
these sections, or other provision of the
act of 1900, vests In the Territory of
Hawaii the title, or right of property
to nny of the properties transferred by
the cession, (2) That the Hawaiian
public land laws are 'continued" In
force but without words elvlne retroac
tive effect from September 28, 1899, to
Jury . issis. (3) That acts done undcl
assumed authority of Hawaiian laws
between those dates arc ratified and
confirmed "subject to npprovnl of the
President of the United States," and
without such approval ale not con
firmed by the act. (4) That In respect
to the public property ceded nnd trans-
ferred to tho United States under ho
Joint resolution of nnnexatlon, nil that
passeu to tlio Terrltor) by the act ot
iuuu wero the "use, possession, and
The last clause of section 91 fKiinr.il
Is noticeable in that It recognizes tho
Hawaiian government as continuing to
exist after the cession, with tho Inrl.
dent to organized social existence of
capacity to acquire and hold property
The Hawaiian Republic before Its
annexation had nil the powers incident
10 n sovereign state, and, though the
soverelgncty censed b) nnnexatlon, tho
condition of an organized body politic
has continued unbroken, though modi
fied in form and powers. The power
incmeni 10 nil organized governments
to take, acquire, and hold property for
public uso has never been lost or taken
away. The title to all public property
had. before the cession, vested In the
United States, with the expressed In
tention that the public lands should be
subject to tho management and dispo
sition of Congress for the uso and
benefit of the Hawaiian people, but
subject to the right of tho United
States to use and occupy parts of such
land to Its own civil, military, or naval
purposes. Whatever Hawaii acquired
after tho cession and before April 30,
1900, was by the net of that date, con-
niii-u 10 me Territory.
Hawaii has, thereupon, alwo)s haa
power to acquire and hold property for
public use. When exchanges of land
are made, If that granted Is part of tho
public domain and that acquired Is for
local public use, the grant should bo
regarded as In administration pro tan
to of the trust upon which the public
lands In Hawaii were received by tho
United Stntcs To whom the title of
the property acquired by tho exchange
should be taken depends upon the pur
pose of Its acquisition If tho land ac
qulied Is for uses of local government,
such ns "street nnd road widening and
extension" named by the Governor,
title should be taken to the Territory.
The United States has no Interest In
public property of that kind ncqulrcu
after the cession, except the sovereign
right of supervision of tho local gov
ernment In the regulation of its use
and Its disposal of It. Public property
of that kind, strictly of local Interest,
belongs to tho local government, nnd
In acquisition of It title should be tak
en to tho Territory of Hawaii. This
could bo the result If the rame public
lands were sold and the proceeds used
for this local public purpose In pur
sunnce of tho resolution of annexation.
lly ndoptlng tho Hawaiian public land
laws. Including those relating to ex
changes, Congress Indicated Its con
sent that this should be accomplished
by the moro direct method of on ex
change wherever that Is auhorlzcd by
the laws of Hawaii ,
Whether exchanges of public land
are authorized by the Hawnllan laws
where tho lands acquired In exchnnga
nro obtained for other than local pub
lic uses as, for Instance to bo part of
me puuilc domain and subject to dlspo
ui as bucii, 1 nnve not fully Inquired,
but If so tho conve)nnce should not be
mode to tho Teirltoi) of Hawaii, but
to the United States, which Is holder
or tne public lands as sovereign,
though pledged to nppl) them solely to
the uso nnd benefit of the Inhabitants
of the Hawaiian Islands.
(Signed ) WILLIS VAN DEVANTER,
Assistant Attorniy General
Approved, l'ebittury 7, 1902.
E A. Hitchcock,
TIIP.EH YEAR HENTBNCH.
Ill tho Pollco Court this fnronnnn
Tom Sylvester, n small Hawaiian boy,
" -i over 10 tno itcform School
lor thrjo years on tho chnrgo of va
giancy. Sylvester was caught by a
police officer who had been nn hii
trail 1V1 tomo time on account of tha
complaints ol people living In I'uunul
It spoiim Hint tho boy had bien In the
hnblt of folng about from place to
plaeo nnd aliening on the nromlneu nt
Tho pniontB of tho boy annenrnd in
tho Pollco Court and recommended
thnt ho bo sent over to the Reform
School for n long time, for It waa ab
solutely Impossible for them to do
anything with him. He would not
oboy a thing thnt was told him Not
long ago ho had been released from
the Reform School.
. ) -, "
EVENING BULLETIN, HONOLTTLTJ. H. T., THUn8DAY, MARCH 6, 1902
Special Bargain Sale of
Pacific Hardware Co.,
Odds nnd Ends ot Brands not now carried
In stock to be closed out nt a sacrifice.
A chance to buy pure paints to cover the
wear and tear on your buildings. 11 it
Come early and select your colors and
quantities. 11 ti 11 n n tt
Pacific Hardware Co.
IMPORTERS AND JOBBERS IN GENERAL MERCHANDISE,
The Hits of the Year
Every job the perfection of vehicular construction,
design and Finish,
A fine specimen of the carriage builders' art, We have
others equally good,
C. F. Herrick Carriage Co.,
125 Merchant St., next to Stangenwnld Building.
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IIOUBCR (milt nn Ihn minltil 4nBrMlt
Twontv-thtrd fwto. nf ntn-v un
OFFICERS J. L. McLean, Presl
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O.'Tl. flrnv TmasiiM.. A V !..-
UIKKCTORS J. L. McLean. A.
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Telephone to us Main 71 for
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A puro fruit product made from
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Delivered free at 30c the dozen.
SODA WATER WORKS CO,,
AT IIAMOA, MAUI.
Mill Machinery, comnleto or In nait.
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Architects, Contractor and Builder
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LOTS FOR SALE
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Addition nnd in
137 MERCHANi 8TREET.
by Miss Ella Dayton
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LEWERS & COOKE,
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