The Hawaiian gazette., 1899-08-01
AN AGREED CASE
OF Importance to Olaa
Lease Holders.
Supreme Court TO Pass on Risht
Of Those Who TOOK Op Land
IN That D's,r'ct.

There has been filed in the Supreme
Court q document Of considerable i'm
pOrtance to owners and lessees OF land
in the Olaa district of Hawaii. 1t is
the submission OF an agreed case,
which will determine the rights of all
parties who may be similarly affected.
The case will come up at the Septem-
Der term and 1t Is entitled 4. A. Koran.
plaintiff, against Sanford B. Dole, as
President, J. A. King. as Minister OF
the Interior, and J. F. 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. SO, 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 1t 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
plication 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, II was necessary for him to raise
money, 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
missioners 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 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, and now, has the en-
tire area under cultivation, and has
placed improvements thereon valued at
81, 400, and has expended in actual cash
on said land the sum of $1,000.
That when the plaintiff entered into
the agreement Of sale with the Com
missioners 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
preparation 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-
ceived a patent for the land covered by
his lease; that on April It'll he ad-
dressed a letter to President Dole and
the Minister OF the Interior in which
he stated that he neglected to make
application for the additional area al
lowed him under the law and asked
the privilege of taking $50 acres of the
new Olaa survey, shortly to be opened,
and saying. II think you Will agree
with me that It will be too bad after
spending 5000 in improving my pres
emit lot, which is all planted to coffee
and contains AN acres, IL lose the
right to take up additional area. as
find It will take a larger area than
now hold at present to make coffee
pay"
To this letter President Dole replied:
Co
matter of all Crown lessees under sim
liar circumstances. and II any OF them
are granted the privilege Of taking up
the additional amount allowed by law
you will have the same chance as the
rest. 1t is my expectation that they
will all be allowed this privilege"
That the plaintiff accepted the let
ter of President Dole as promise and
privilege of taking additional lands
Notwithstanding the fact that he had
taken a patent, II any of the Crown
land lessees were given this privilege.
That on the Gath OF April, 1899
Olaa lots under leases from the Crown
Land Commissioners who had not ia
ken up the additional land to which
tuey were cHllIicu un6ht huhC dppiiSo
ton for such additional land within
the portion Of the new Olaa tract
shown and numbered as lots 100 to 1856
That In pursuance Of such notice the
plaintiff presented himself In person al
the office OF the sub-agent In Hilo on
the 9Th OF June. 1899. with the otheI
Crown land lessees and presented his
application for the purchase OF add
tiOnal land under said Section 70
Part TX, OF the Land Act of 1895.
That the plaintiff made his applica'
ton in the usual form, which was ac'
cepted by the sub-agent, and he wal
given number In drawing for posi-
ton In the line for selection OF lots
and he selected lots 107, los and lO9 IN
the new Olaa survey, containing ~
area of 1850 acres.
That on the 30th day OF June, 1899
the defendants, acting In their oiiicia
capacity, denied the plaintiffs applica'
ton and refuse 10 Issue 10 him a pat
ent for the lots selected
That Crown land lessees IN olaa wh'