Application of Robinson

DISSENTING OPINION OP CASSIDY, J., WITH WHOM WIRTZ, J., JOINS.

I respectfully dissent.

Appellant contends, and the majority agree, that a *444Land Commission award made pursuant to the provisions of Article IV of Chapter VII of Part I of the Second Act of Kamehameha III was, as a matter of law, automatically subject to the same reservation of “mineral rights”1 as is set out in the form of patent prescribed for the sale of Government lands by Section VI of Article II of the same chapter, notwithstanding the Land Commission’s award was made without any such reservation. I am unable to follow the…