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Authority record- Corporate body
- 1846-1896
In 1846 responsibility for population count shifted to the Department of Public Instruction. This new law went beyond taxation in its scope, charging the Minister of Public Instruction:
...the census so to be taken shall comprise in distinct columns, the inhabitants in each district, between such ages as the privy council shall direct, specifying also the proportional number of each sex, and shall, as far as practicable, indicate their avocations and such other particulars as the privy council shall direct, including an annual bill of mortality, and of the natural increase." Second Act of Kamehameha III, An Act to Organize the Executive Departments of the Hawaiian Islands, 1846.
The early censuses were under the direction of the Minister of Public Instruction and were conducted primarily by school inspectors and schoolteachers with the guidance and assistance of the American missionaries. From 1860 direction was placed under a Superintendent of the Census within the Department of Public Instruction, the Inspector General of Schools or the President of the Board of Education.
In all, the Hawaiian government conducted twelve official censuses. The Department first made efforts to take the census in 1847, 1848 and 1849. However, it was not until 1850 that an officially accepted count was finally made. This was followed by government censuses in 1853, 1860, 1866, 1872, 1878, 1884, 1890 and 1896.
With territorial status, jurisdiction shifted to the United States government and the Islands became part of the U.S. census from 1900 on.
Superior Court of Law and Equity
- Corporate body
- 1847-1852
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
An 1853 law mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court consisting of the three members of the former Superior Court. Pending cases in both courts were taken up by the new one.
- Corporate body
- 1840-1852
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
The Supreme Court established by the Constitution of 1840 was abolished in December 1852. and reestablished by an 1853 act which mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court consisting of the three members of the former Superior Court. Pending cases from both courts were taken up by the new one.
- Corporate body
- 1853
The Supreme Court established by the Constitution of 1840 was abolished in December 1852 and reestablished by an 1853 act which mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court consisting of the three members of the former Superior Court. Pending cases in both courts were taken up by the new one
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu. The term Intermediary Court continued to be used when a Supreme Court Justice presided in that role.
In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.
Survey and Rights of Way Division
- Corporate body
- 1933-1946
- Corporate body
- 1870-1900
The office of Hawaiian Government Survey was established under the Interior Department in 1870, when the Minister of the Interior, F. W. Hutchison (who had the care of public lands and by law had the authority to have them surveyed), asked the Legislature for $5,000 for "Government Surveying." Its organization was prompted by the increased public demand for additional grants of government land in the late 1860s and the government's corresponding ignorance of the amount or location of government land still available for lease or sale. It was also surmised that a survey and its resultant maps, besides determining the extent of remnant government lands, would prove useful to private individuals and other government agencies, especially tax assessors, boundary commissioners, and the courts, since no district maps existed and island maps were still based on the charts of Cook and Vancouver. Consequently, an office of Survey was created and its primary object was "to account for all the land in the Kingdom by its original title, and indicate such accounting on general maps, and while having no authority to settle boundaries, to require the surveyors to lay down such boundaries on maps to the best of their ability with the abundant information at their disposal." (C. J. Lyons, History, p.6)
Previous surveys in the Kingdom were predominately those initiated by the Land Commission (kuleanas) and the Interior Department (government grants). They were magnetic surveys each made individually with no boundary corners marked and no attempt to fit the many separate surveys into a larger context (i.e., a map of a district or an island). These surveys, because of inconsistencies in methods (non-permanent datum points), instruments and personnel, were often inaccurate and subsequently added greatly to the burden of the new Government Survey.
The new survey team planned to carry out a geodetic survey based on the U.S. Coast Survey methods. They would establish a primary triangulation station and base lines adding subsequent stations until all of a district, an island and ultimately the whole group would be set up under one system. They succeeded in first triangulating Maui and adding Kahoolawe, Molokai, Lanai, Oahu, and Hawaii. While setting up the stations, they would sketch a map of the area putting in prominent topographical features (to facilitate relocating the stations) and record all of the surveyed kuleanas and Grants on a map of the district. These district maps would later be compiled into island maps. It was to be a survey of "landed property" rather than a purely scientific or a topographic survey.
During the year 1870, the Minister of the Interior appointed W. D. Alexander, Surveyor-General, and C. J. Lyons, assistant surveyor. Alexander (former president of Oahu College) was responsible for developing the methods, format, and procedures of the office of Government Survey. In 1871, work began and two men just out of Oahu College, J. F. Brown and J. M. Lydgate, were added to the staff. Those first two years were spent in procuring instruments and setting up the initial triangulation stations in central Maui and making a detailed survey of the district of Makawao "to exhibit to the coming Legislature the scope of the work, as well as to gain experience and establish precedents in what was then an untried undertaking." (C. J. Lyons, History, p.10) In its early years the Survey Office devoted time and energy to convincing the Legislature that their work was essential to straighten out complex land titles and that their appropriations should be increased to enable them to send additional personnel into the field. From 1871 to 1877 the Survey staff consisted of W. D. Alexander and C. J. Lyons, with occasional helpers. Finally in 1878, additional funding helped the Survey Office to expand their force. Field work often took more time and money than the Survey Office predicted or than the Legislature could fund because of the nature of the work, the necessity for accuracy, the weather, physical obstacles, the volume of kuleanas and grants to be located and resurveyed, and difficulty keeping field helpers.
During the 1870s and 1880s work concentrated on establishing triangulation stations, delineating government lands, drawing maps, and resurveying kuleanas on Maui, Hawaii, and Oahu. During 1877 and 1878, Lanai was surveyed by J.F. Brown and M.D. Monsarrat. Molokai was surveyed by M.D. Monsarrat at intervals from 1885 until 1895. By the year 1890 the area of the whole group (with the exception of Kauai whose lack of then recognized government land delayed its detailed surveying) had been covered and elaborated on paper. The passage of the Homestead Act of 1884 (implemented in 1887) had initiated a change in the emphasis of the Survey Office. Between 1890 and 1900 the work of the office was "very largely surveys of homestead tracts, and other public land sub-divisions, re-surveys of tracts that needed much more minute work than was at first possible, and the carrying out of very important department work, viz., the city survey of Honolulu." (C.J. Lyons, History, p.16)
The Survey Office, prompted by Prof. Alexander (himself an avid scientist), participated in scientific study-"during the survey collections have been made and facts observed, which it is believed, will add to our knowledge of the geology and botany of these islands." (W.D. Alexander, History, p.19) In 1882, the Office took charge of government time for the town of Honolulu. Meteorological service gradually grew into existence as part of the Survey Office with C.J. Lyons in charge of its operations. By 1883, they were systematically recording temperature, barometric pressure, rainfall, wind, and weather data. The Legislature eventually recognized the costs of the Meteorologist to the Survey Office and appropriated funds for office expenses in 1895 and funds for a salary in 1898.
Annexation and the 1900 Organic Act authorized a surveyor appointed by the governor with the consent of the Senate to hold office for four years. He "shall have the powers and duties heretofore attached to the surveyor-general, except such as relate to the geodetic survey of the Hawaiian Islands." (Organic Act, section 78)
From 1900 to 1915 the office continued to conduct the more detailed surveys as well as providing much needed surveys and maps of lands in the Territory for other government agencies.
Below is a list of some of the early surveyors in the Hawaiian Government Survey. The approximate years they worked for the Survey Office are included. Unfortunately these dates are not completely accurate as the surveyors voluntarily (to work for more lucrative companies, to travel, etc.) and involuntarily (shortages of funding for surveys necessitating the withdrawal of field groups) suspended their employment for varied lengths of time and these terminations and reinstatements are not well documented. Some surveyors also contracted themselves to the Survey Office for specific jobs, so were not official employees of the Survey Office. During the course of their careers, most surveyors worked on all of the major islands (excepting Kauai).
Alexander, W.D. (1871-1901): Appointed first Surveyor-General by the Minister of the Interior in 1871 and retained that position until he resigned in February 1901 to take charge of the U.S. Coast and Geodetic Survey's new Honolulu branch office.
Baldwin, E.D. (1882-1908?): One of his first surveys was Manoa Valley, Oahu. Spent time surveying on Maui in the districts of Kipahulu and Kaupo. Later he took charge of the Hilo Town Survey and office.
Bishop, S.E. (1880-1888): Surveyed in Waikiki, Oahu, Lahaina, and West Maui.
Brown, J.F. (1872, 1878-1886): Surveyed Lanai with M.D. Monsarrat from 1877-78. Left the Survey in 1886 to take charge of Public Lands, a branch of the Survey Office until 1895 when a Commission of Public Lands was created. He remained with Public Lands until 1901.
Cabot, L. (1878-1879): Railroad surveys in Hilo and Kohala.
Dodge, F.S. (1877-1898): Primarily city surveys. Resigned in October 1898 to take charge of Bishop Estate Lands.
Emerson, J.S. (1878-1903): From 1880-1881 he executed a detailed survey of Waipio Valley, Hawaii. He spent a great deal of his career surveying on Hawaii, although he did work on Oahu. In 1904, he is mentioned as a Court surveyor.
Jackson, Capt. G.E.G. (1881-1884): Employed to survey the different harbors in the islands.
Kanakanui, S.M. (1890 - ): Field worker, primarily on Maui and Hawaii. Still employed by the Survey Office in 1915.
Kittredge, C.S. (1878): Compiled a map of Kauai.
Lydgate, J.M. (1872, 1878-1891): Field worker, primarily on Hawaii
Lyons, C.J. (1871-1896): From 1879 until 1896 he was in charge of the Survey Office with increasing interest in meteorological work in his later years.
Monsarrat, M.D. (1877-1911?): Surveyed Lanai with J.F. Brown from 1877-1878. At intervals from 1885-1895 he had a private contract with the government to survey Molokai.
Sorenson, O.L. (1898- ): Came from the Public Lands Office to the Survey Office in 1898 and became assistant in charge. Still employed by the Survey Office in 1915.
Wall, W.E. (1884? - ): Succeeded W.D. Alexander as Surveyor-General in 1901. Still Surveyor in 1915.