University of Hawaii at Manoa Library

Home: The Annexation Of Hawaii: A Collection Of Document

Hawaii Organic Act: Congressional debates on Hawaii Organic Act

[ Previous Page ] -- [ View PDF ] -- [ View in MS Word ] -- [ Next Page ]


Islands for educational and other purposes, and while the Government has 
control of the subject whatever maybe realized from the lands goes not to the 
United States generally ,but to the islands, for the purposes of education or other 
public use.

There is no land to be sold for the benefit of the United States Treasury 
generally, because all the proceeds of it are to go into the treasury there for 
educational and other public purposes, determined, as I suppose, by that 
government when we set it up.

I have heard inquiry whether there are any lands really belonging to 
descendants of the crown. All the lands called crown lands, not now actually 
owned by individuals, obtained by deed or other conveyance, have been treated 
and held as any other public or government lands; and according to the record I 
nave no doubt of the fact that whatever title to lands once belonging to the king 
existed, that title passed to other parties, and that there are no lands in the 
islands to-day subject to just claim by any descendant of the crown. Whoever 
may suppose he has a claim will have to go to the courts for its adjudication.
In my judgment, when in 1893 the monarchy ended, the lands reverted to 
the provincial government and then to the republic.
A word about the leases in- connection with the real estate in the island. As 
the leases expire it is the policy of the Government to dispose of the lands as 
homesteads for the people as rapidly as it can be done. A large proportion of the 
sugar plantations be-longs to the corporation or individual in fee. The general 
impression has seemed to be that the great sugar plantations were all 
government lands, but that is not correct. Some of them, perhaps, are, but the great 
body of them are lands owned by some individual or corporation having an 
actual title to them.

Mr. WARREN. Will the Senator allow me to ask him a question?

Mr. CULLOM.   Certainly.

Mr. WARREN. I wish to ask the Senator what is to be the final disposition 
of the public lands and where the proceeds are to be applied. Are they, like the 
lands of the public-land States and Territories, the property of the United 
States, and are the proceeds to go into the General Treasury or are they to be the 
property of Hawaii?

Mr. CULLOM. I have just been stating, if the Senator will allow me, that 
under the annexation act, the joint resolution, all the public lands of those 
islands go to the islands for educational and other public purposes. I think the 
general impression there is that the great body of the money for that purpose 
will be for educational purposes and for the construction of highways over the 
island, so that the people can get about from one section to another.

Mr. HALE. Is there a special segregated fund provided for that absorbs this 

Mr. CULLOM.   How does the Senator mean?

Mr. HALE. From the sales of public land for the purpose of education. 
Where will it actually go?

Mr. CULLOM. It will go into the Hawaiian treasury, I sup-pose.

Mr. SPOONER. As a school fund?

Mr. CULLOM.   As a school fund.

Mr. HALE.   As a separate fund?

Mr. CULLOM. As a fund separate and distinct from anything else.

Mr. HALE.   The Senator is pretty certain about that?

Mr. CULLOM.   The annexation act requires it.

Mr. HALE.   It provides for that?

Mr. CULLOM. It provides that it shall go for educational and other public 
purposes; that to be determined, as I suppose, by the authorities of the islands 

Mr. HALE. That would not be an educational fund? How-ever, I have not 
examined that act, and I do not know.

Mr. CULLOM.   I will read the clause which refers to it

Mr. HALE.   Let us see what that says.

Mr. CULLOM.   It is as follows:
The existing laws of the United States relative to public lands shall not apply to such lauds in 
the Hawaiian Islands; bat the Congress of the United States shall enact special laws for their 
management and disposition: Provided,  That all revenue from or proceeds of the same, except as 
regards such part thereof as may be used or occupied for the civil, military, or naval par-poses of 
the United States, or may be assigned for the use of the local government-
That is, portions of the land-
shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational 
and other public purposes.
I suppose under that provision the Congress of the United States might perhaps 
control the use of the fund, provided it kept within those limits. I do not know 
whether that is so or not. It is a matter of construction.

Mr. HALE. The provision as to the educational fund does not seem to be 
very carefully guarded. I do not see but what that fund might be spoliated for 
almost any purpose, and under emergencies it might be taken for a great many 
other purposes. I have not examined as to that.

Mr. CULLOM. That is the joint resolution we passed for annexation.

Mr. HALE. My question led to this point: Whether this bill which the 
Senator has reported carries out what is evidently the intention and purpose of 
that act, and whether in form it guards and establishes an educational fund that 
shall not be spoliated for other purposes?

Mr. CULLOM. There maybe some additional legislation necessary to what is in 
this bill or in the annexation act.

Mr. HALE.   I should say so, for that purpose.

Mr. CULLOM.  I am inclined to think there ought to be some additional 

Mr. PL ATT of Connecticut.   The bill has this provision--

Mr. HALE.   From what is the Senator reading?

Mr. PLATT of Connecticut.   From the Hawaiian bill.

Mr. HALE.   What page?

Mr. PLATT of Connecticut.   Page 82, line 23:
All funds arising from the sale or lease or other disposal of such lands shall 
be appropriated by the laws of the government of the Territory of Hawaii 
and applied to such uses and purposes for the benefit of the inhabitants of the 
Territory of Hawaii as are consistent with the joint resolution of annexation, 
approved July 7,1898.
The joint resolution says that Congress shall legislate with reference to the subject.

Mr. SPOONER. But the joint resolution does not dedicate the proceeds of the 
public lands to educational purposes.

Mr. HALE.   It does not.

Mr. SPOONER. It says" for educational and other public purposes." It may 
all be devoted to educational purposes, or none of it.

Mr. PLATT of Connecticut. I think this provision needs some amendment.

Mr. HALE.   I think so, too.

Mr. CULLOM. As a matter of fact, I think the authorities now in control of 
the islands regard education and the public roads and highways as the most 
important subjects for attention, and the probabilities are that, if left alone, 
they will divide that fund for those purposes.

Mr. HALE. That is quite likely; but I do not think we should leave this in the 
realm or probabilities. Here is to be a very considerable fund. It seems to be the 
purpose and the expectation that it shall be devoted to education. It consists of 
valuable tracts of lands; and everybody knows if you leave the disposition of any 
funds or the avails of any property without guarding it and tying it up for a 
special purpose, in emergencies it may be taken for anything, and the design 
will be thwarted.

Mr. SPOONER. Will the Senator from Illinois allow me to interrupt him?

Mr. CULLOM.   Certainly.

Mr. SPOONER. It is perfectly plain from the provisions of the bill that that 
whole subject is remitted by Congress to the local legislature.

Mr. CULLOM.   To their direction.

Mr. PLATT of Connecticut Bat the resolution of annexation retains it in 

Mr. SPOONER.   Yes.   The bill reads:
All funds arising from the sale or lease or other disposal of such lands shall be 
appropriated by the laws of the government of the Territory of Hawaii and applied to 
such uses and purposes for the benefit of the inhabitants of the Territory of Hawaii as 
are consistent with the joint resolution of annexation, approved July 7,1898.
The joint resolution of annexation did not dedicate these funds or the 
proceeds of the sales of public lands to educational purposes.

Mr. CULLOM.   Not fully.

Mr. SPOONER.   Not at all.

Mr. HALE.   But "to educational and other purposes."

Mr. SPOONER. "And other public purposes." Under this bill as it stands 
the Senator from Maine is perfectly right, it seems to me, in saying that the 
legislature of Hawaii may appropriate the proceeds of the public lands to any 
public purpose.

Mr. CULLOM.   I am not raising any question on that.

Mr. PLATT of Connecticut. But there is an unrepealed act of Hawaii that 
you do not repeal by this bill:
SEC. 203. All proceeds of sales of public lands shall be set apart as a special fund for the 
payment of the bonded indebtedness of the government or for the purchase of other 
lands, as provided by section 191.

Mr. CULLOM.   That has been repealed.

Mr. PLATT of Connecticut   That has not been repealed.

Mr. CULLOM. It is repealed by the fifth and sixth sections of this bill, if in 
conflict with its provisions.

Mr. PLATT of Connecticut. It is not repealed specially, and many special 
repeals are made by the bill.

Mr. HALE. But still it would be clearly repealed by a subsequent law which 
makes other provisions. If the Senator will permit me-the bill, of course, will 
take some time, as it is important-I think his committee bad better prepare an 
amendment to come in at the end of the section which specifically dedicates 
this fund for educational purposes, and not leave it subject to any previous  determination.

Return to Top

Terms of Use  |  UH Mānoa  |  UH System  |  Ask Us
University of Hawai‘i at Mānoa Library  |  2550 McCarthy Mall  |  Honolulu, Hawaii 96822 USA
808-956-7214 (Reference)  |  808-956-7203 (Circulation)  |  808-956-7205 (Administration)
808-956-5968 (fax)  |