361 



and' supervisory care of the Bureau of Agriculture and Forestry. 



If such is the proper construction of these enactments, then at 

 the time the Organic Act went into effect, the Minister of the 

 Interior still possessed the power to effect a reservation of portion 

 of the public domain for forestry purposes, which when so set 

 apart passed into the control of the Bureau of Agriculture and 

 Forestry. 



By Section y}^ of the Organic Act the land laws of Hawaii were 

 continued in force until Congress should otherwise provide, the 

 only change being that one officer performs the duties and exer- 

 cises the powers formerly performed and exercised by the Com- 

 missioners. By Section 74 of said Organic Act the laws 1 elating 

 to Agriculture and Forestry also remained the same, but subject 

 to modification both by Congress and the local legislature. By 

 Section 75 of said Act the Superintendent of Public Works was 

 given the powers and duties of the former ^f inister of the Interior 

 with regard, among other things, to "other grounds and lands 

 now under the control and management of the ^Minister of the 

 Interior." and subject to change by the Legislature of Hawaii. 



Just what the ''land laws" of Hawaii were, as the term is 

 used by Congress ,is not altogether clear. Beyond question the 

 Conmiissioner of Public Lands has the power and is charged with 

 the duties of the former Commissioners of Public Lands, one of 

 whom was the Minister of the Interior. It is also clear that the 

 Superintendent of Public Works was given the custody and con- 

 trol of lands set apart for various public purposes and formerly in 

 charge of the Minister of the Interior. A distinction clearly ex- 

 ists as to the general powers and duties of these officers in that 

 the Congress alone may modify those of the Commissioner of 

 Public Lands, while both Congress and the local legislature may 

 change those of the Superintendent of Public Works. But has 

 the Commissioner of Public Lands the sole or any authority to 

 set apart and reserve portions of the public domain for forestry 

 purposes or is that power one which Congress intended to and 

 did leave to some other officer? 



If the Commissioner has such authority then Chapter 14, -S. L. 

 1903 (Ch. 28 R. L.), creating the Board of Agriculture and For- 

 estry is valueless to the extent that it attempts to authorize the 

 Governor to make such reservations ; if, however, some other 

 officer had such authority, then the provisions of said Chapter are 

 valid. If the reasoning above is sound, and the Commissioner 

 has no such power under the "Land Act," then his power, if any, 

 must be found in the Organic Act. 



From the fact that the laws relating to agriculture and forestry 

 were continued in force until modified with the single change that 

 a single commissioner should perform the duties formally re- 

 quired of the Bureau, it would appear that Congress realized the 

 necessity of making the care and protection of forest reservations 

 the special duty of some officer, or set of officers, and approved of 



