The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-01
AN AGREED CASE
OF Importance to Olaa
Lease Holders.
Supreme Court to Pass on Rights
of Those Who Took Up Land
in That District.

There has been filed in the Supreme
portance to owners and lessees Of land
in the Olaa district of Hawaii It is
the submission of an agreed case
which Will determine the rights of all
The case will come up at the Septem-
Der term and it is entitled F. a. Koran
plaintiff, against Sanford b. Dole. as
President, j. \. King, as Minister OF
the Interior, and J. r. Brown. as Agent
Of Public Lands, respectively, Of the
Republic of Hawaii. Following is the
statement of facts agreed on:
That on the 25th day of January,
1894, the plaintiff, E. A. Koran. pur-
chased of a. G.. Curtis lease No. 80, Sc
ries B, TO lot No. 2S4 in the District OF
Puma, Olaa survey, Island of Hawaii :;
that said lease was duly assigned in
writing and said transfer authorized
by the written consent of the Crown
Land Commissioners endorsed there
on.
That the plaintiff Immediately after
said assignment took possession Of the
lot, paid the rent as it became due, and
occupied and cultivated and improved
the premises according to the stipula-
tons of the lease from the date of said
assignment up to the Goth day of
June, 1896, at which time he made APP
plfcatiOn for the purchase of the lot.
That the reason plaintiff applied for
a patent to said land at that time was
that his money and resources were eX-
hausted, and in order to cultivate the
land he then had planted in coffee, and
to clear and cultivate an additional
area, it was necessary for him to raise
and that the only means he
had Of SO doing was by procuring a
patent OF said land and mortgaging the
same.
That on July LIST, 1896, an agreement
of sale was entered into with the Com
of Public Lands for said
lot 2S4, that he performed all the con-
ditiOnS required and patent was is
sued to him for the same, containing
an area Of fOrty-Seven and a quarter
acres, that since the issuance of said
patent he has continued to reside upon,
cultivate and improve said land, and
on June 6, 1899, ard now, has the en-
tire area under cultivation, and has
81 ,zQ0, and has expended in actual cash
on said land the sum of $4,000.
That when the plaintiff entered into
the agreement Of sale with the Com
of Public Lands, he did not
intend to waive his right to take the
additional amount of land allowed to
him under Section rs, Part TX of the
Land Act of 1895.
That when the new Olaa survey was
made the plaintiff Immediately made
to make application for the
purchase of additional land allowed
him under the law; that he was adj
vised by the sub-agent at HilO that he
would not be permitted to purchase
land for the reason that he had re-
,eived a patent for the land covered by
his lease; that on April 7th he ad-
dressed letter to President Dole and
he Minister of the Interior in which
ne stated that he neglected to make
application for the additional area al
owed him under the law and asked
he privilege of taking $50 acres of the
new Olaa survey, shortly to be opened,
and saying, 81 think you will agree
With me that it will be too bad after
spending $4,000 in improving my pres
,nt lot, which is all planted to coffee
ma contains 47A acres, if 1 lose the
light to take up additional area, as /
ma it Will take a larger area than |
low hold at present to make coffee
)ay.'
10 this letter President Dole replied:
The Government is considering the
natter Of all Crown lessees under SIM
lar circumstances, and if any of them
ire granted the privilege Of taking up
he additional amount allowed by law
-Ou viii have the same chance as the
est. It is my expectation that they
viii all be allowed this privilege"
That the plaintiff accepted the let
er CT President Dole as a promise and
guarantee that he would be allowed the
privilege Of taking additional lands, |
Notwithstanding the fact that he had |
AIKEN q patent, if any of the Crown |
and lesseeS were given this privilege. |
That on the Gath of April, 1899, |
notice was published that lessees of |
,laa lots under leases from the Crown
and Commissioners who had not ia
en- UP the additional land TO which
hey were entitled might make applica-
ion for such additional land within
be portion of the new Olaa tract
hOwn and numbered as lots 100 to 136.
That in pursuance OF such notice the
laintiff presented himself in person at
he Office of the sub-agent in HilO on
he 9th of June, 1899, with the other
rown land lessees and presented his
pplication for the purchase Of addi-
onal land under said Section I6,
art *, of the Land Act of 1895.
That the plaintiff made his applica-
on in the usual form, which was ac-
spted by the sub-agent, and he was
iyen a number in drawing for posi-
on in the line for selection of lots,
nd he selected lots 107, los and 100 in
ne new O1aa survey, containing an
rea of $50 acres.
That on the 3Oth day of June, 1899,
re defendants, acting in their official
apacity, denied the plaintiffs appnca-
on and refuse to issue to him pat
ut for the lots selected.
That Crown land leSsees in Oiaa who
ppeared at the Land Office in HilO on