The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-02-28
AN IMPORTANT DECISION.
validity OF Titles TO Certain school
sites tabiiahcd.

Supreme Court on the oath inst. in |
the equity case of Naldcmar knud- !
sen vs.. Board of Education is here |
given. The general facts admitted |
are that the Board now occupies Il
portion of land claimed by Mr..
knudsen and, against his protest,
il erecting teachers cottage
thereon. Plaintiff has offered an
other site tor school purposes which
has been rejected by the Board.
Plaintiffs title TO occupancy Of said
land is as follows:
March Z, 1858, kamchameha III.
leased tract containing 21O acres
| to John II. Gruben for the term of
fifty years. September IL, 1888,
Grubcn assigned oue-half interest to
| Archibald Archer. October | , 1853,
plaintiff acquired sole title to the
lease which will expire in 1908. On
this tract are the premises now in
dispute.
la learned opinion signed by the
Chief Justice and Associate Justices
McCully and Bckerton, the Court
reviews school legislation applicable
to the case at issue, October 10,
1910, an act passed by the King
and Chiefs provides, among other
things, for the securing of unoccu-
pied land to be devoted to the sup
port of the teacher and for the cree
ton of school houses by compulsory
labor of the people. This Act forms
Chapter of the old laws. a sta
tute of May -, 1912, constituted
the Withholding OF land demanded
by the school agent for school pur-
poses criminal offcnsc. The sta
tutcs of 1916 contain provision for
the allotment of land not otherwise
appropriated TO the teachers and
schools, ETC., and fortities the title
to such land by requiring rCgistra-
ton in the Interior Department set
ting them apart for "elcemosynary
uses" This statute was subsc-
quently repealed by an enactment
July ., 1860. Section Z of the Act
of 1850 furnishes the basis of the
claim of title of the Board of Educa-
ton to the land IN dispute.
The section referred TO reads:
"All sites for school houses and
houses for public worship. now oc-
cupied and in use and not owned by
private parties; and al! lands con-
nectcd Herewith, granted either by
the Government or by individuals,
chiefs or landlords, with a view to
promote the interests of education
or religion, shall be reserved as
Government property, devoted to
the purposes above mentioned; the
amount of land reserved for such
sites, however, not to exceed two
acres in each case and in case the
adjacent lands arc sold or leased,
such lands shall not he included" "
: This act in addition to q quieting
, effect on titles in general made pro-
visions for educational purposes.
All such occupied lands were re-
served for Government purposes.
The site of the school house had
passed by eminent domain to tho
Government and therefore was re.
: served from any alienation. AS tho
( law excepted such reservation, ne
= express mention of it vas ncccs
2 sary.
The question then piyots on whether
land in dispute was used as schoO
site at the date Of passage of tho
Act of 1850. If so it could not
pass to Gruben. 1t is clear thai
public and private schools are refer.
, red to by the Act. The evidence
j, shows that survey of this lot was
/, made by j. w. Makalena and ap
proved by the Minister of the I'm
. terror. This survey was made Feb
. ,, 1858. The conclusion is irrcsist
:, lble that the site was in use fo
4 school purposes at the time of th'
passage of the Act Of 1850. Tha
it had been so granted by kameha
mcha ILL.,, its owner, and therefore
not subject to further alienation b,
:. any deed or lease cmanating from
him.
5 The title Of defendant rs agains
z plaintiff would be good Independent
of the issuance of Royal Patent Nc
80. The Patent is regularly issue
Is in accordance with the Act of Aug
l3, 1880. Thrcfore the dcree c
NJ Justice Bickerton dismissing the hi
w is sustained.