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Secretary of Irtterlo^/fco Governor 
Schlennaer' s lease,.. 
REFERENCE'No» 1J 
5 Nov. 1909./Relative to cancellation of 
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OEPARTM 
T CfF THE 
WASHINGTON 
TERIOR 
C.3. 
ADDRESS ONLY 
HE SECRETARY OF THE INTERIOR. 
Hon. W. P. Irear, 
XSL 
November 5, 1909# 
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Eaaou 1 sVL 
TERRITORY Or HAWAII 
CHAM3£& 
Governor of Hawaii, 
Rec’d. NOV 23 1809 
orncr of 
Secretary tc the Gowoor 
Answered.... 
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Honolulu, H. I. 
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In the matter of the Max Schlemmer lease, dated Feb¬ 
ruary 8, 1909, involving the islands of Laysan and Lysianski 
and forming the subject of your letters of April 30, 1909, 
and October 8, 1909, you are advised that in the judgment of 
this Department the lease in question is invalid and confers 
no leasehold rights whatever on Mr. Schlemmer. 
The executive order of February 3, 1909, constituted 
an appropriation of these islands to the use and purposes of 
the federal government: they were "taken", to adopt the lan¬ 
guage of Section 91 of the Organic Act of Hawaii, "by direc¬ 
tion of the President." 
This action terminated territorial control; at least, to 
the extent that the Commissioner of Public Lands, on February 
8, 1909, was without jurisdiction or authority to execute the 
lease to Mr. Schlemmer. Hence the lease now held by the lat¬ 
ter is without the slightest efficacy. Mr. Schlemmer should 
be so informed and, at the same time, requested to return his 
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copy of the lease that cancellation thereof may be duly entered 
on your records 
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Very respect 
