ORG 0091 ANNOTATIONS

See §1489 of title 48 of U.S. Code for the Act of Mar. 27,1934, c 99, 48 Stat 507, providing against loss of title of U.S. land.

See the Joint Resolution of Annexation and the note thereto, in regard to ceded public lands, RLH 1955, page 13; see Chronological Note of Acts Affecting Hawaii for Acts of Congress, presidential proclamations, and executive orders, RLH 1955, page 9; see also notes to §73. For transfers made by the Governor, see notes to this section in R.L. 1925 and R.L. 1935 and the records of the commissioner of public lands.

See §73(q) re further power of the Governor to set land aside for use of United States.

Nature of authority granted Territory. 66 F. Supp. 782.

Under the original §, the Territory could not sell ceded movable property: 25 Ops. 523 (tugboat); but previous sales were ratified and further sales authorized by an Act of May 26, 1906 (34 Stat 204). The title of the government to the crown lands cannot be questioned by the courts: 18 H. 651; 18 H. 645; 20 H. 548. The Territory may maintain a bill for an injunction to remove obstructions to public rights of the shore outside of high water mark: 16 H. 376. Setting aside land for a naval reservation does not deprive the Territorial courts of jurisdiction over misdemeanors committed thereon against local laws: 19 H. 200. (See also 23 H. 63; 4 U.S.D.C. Haw. 466; notes to §§2, 55, and 86.) Referred to in 15 H. 367; 16 H. 245; 21 H. 144; 217 U.S. 244; 1 U.S.D.C. Haw. 95. See also 25 Ops. 225; 150 F.2d 1016.

Palmyra Island was part of the land ceded to the U.S. by Hawaii, 133 F.2d 743. However, for claim of private ownership based on presumption of lost grant, see 156 F.2d 756, aff'd 331 U.S. 256.

Sand Island, created by the deposit of spoil on submerged land, is subject to the provisions of this section and after having been set aside by the President for military purposes could be transferred by him to the Treasury Dept. 39 Ops. 460.

The Lum Court and Native Hawaiian Rights. 14 UH L. Rev. 377.