362 



the existing system. If so, then Congress certainly intended to 

 provide for the creation of forest reservations by the act of some 

 authorized officer. Section i of Chapter 30, S. L. 1876, which 

 authorized the Minister of the Interior or the Bureau of Agricul- 

 ture and Forestry to make such reservations was still a part of 

 the statute law, but the office of Minister of the Interior ceased, 

 and the powers exercised by him were divided among several offi- 

 cers, to-wit, the attorney general, treasurer, superintendent of 

 public w^orks, and commissioner of public lands, but an examina- 

 tion of the provisions of the Organic Act as to the powers and 

 duties of these officers shows that no one of them succeeded to 

 this particular powder, and it is necessary to look farther or to 

 conclude that Congress failed of its purpose. 



By Section 68 of the Organic Act, the Governor was given "all 

 the powers and duties, which by the law of Hawaii, are conferred 

 upon or required of * -^^ * any minister of the Republic of 

 Hawaii (acting alone or in connection with any other officer or 

 person or body) '•' "^ '^ and not inconsistent with the Con- 

 stitution and laws of the United States." Under this provision it 

 may be fairly considered that the power to create forest reserva- 

 tions was transferred by Congress to the Governor. By such 

 holding full effect is given to the intent of Congress in continuing 

 in force the local laws relating to agriculture and forestry and the 

 full purpose of such laws could be carried out. It is our opinion 

 then, that after the passage of the Organic Act the Governor had 

 power to withdraw lands from the control of the Land Commis- 

 sioner for forestry purposes, and that such lands so reserved then 

 passed under the control of the Bureau of Agriculture and For- 

 estry. This power is not inconsistent with the powers of the 

 Commissioner of Public Lands, but is entirely separate and dis- 

 tinct therefrom. The Commissioner was not given nor intended 

 to have all powers relative to the use and control of all public 

 lands, but only those formerly exercised by the Commissioners of 

 Public Lands, and the Land Act as pointed out above gave certain 

 distinct powers exercised by the former Minister of the Interior, 

 to the Superintendent of Public Works. 



This was the status of the law until the passage of Chapter 44, 

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

 Forestry, which is the statute under which forest reservations are 

 now handled. It is clear that the Legislature was given power by 

 Section 74 of the Organic Act to enact this statute. The ques- 

 tion, therefore, comes down to a construction of this statute and it 

 must be determined whether by it the Board has authority to 

 manage and control all forest reservations with power to sell their 

 produce or whether any of such powers have been transferred to 

 the Commissioner of Public Lands. 



By Section 397 R. L., the power to set aside land's as forest 

 reservations is continued in the Governor and made subject to the 

 approval of the Board, a public hearing being first had. 



