The Hawaiian gazette., 1899-10-20
The 0lAA LEASES
Important Decision Of the
Supreme Court.

Whleh Will Affect msay Lsssees o.
Crows Lss1s % ne Is'ssa
Of Mawah,
Yesterday afternoon the Supreme
Court. Judge Perry sitting In place OF
the Chief Justice. handed down de-
cislon in the case OF f. A. Koran
against Sanford B. Dole as President.
]. A. King as Minister Of the Interior
and J. +. Brown as agent of Public
Lands, OF the Republic OF Hawaii. In
view of the importance OF the case and
the number Of people affected by it,
the decision Is printed in full.
The syllabus of the~decision reads:
Section 76 Of the Land Act, 1895, which
permits a holder Of m Olaa crow
land lease covering less than 200
acres to obtain a patent for that anO
additional land, in all not exceeding
200 acres, upon the Improvement o.
30 acres thereof and other ccndi
tons, does not permit one who has
obtained patent for the entire are.
covered by his lease to obtain a pat
ent for additional land after the ter.
minatiOn of his lease and in cOnse
quence OF improvements made there
on after the termination of his lease
and his ACQUISITION of the fee
Inc oPihioi' vi the eo"it 10 y! ""'
tice Frear, and Is as follows:
This 10 n suhuiss,or upor IN ayreed
s,a,amont ~ facts mnd.r soc,ions loss
Io5s NJ tho Civil Laws
Tha rnator,a, facts o,reod ,ro, ore
,bese. The ni.intirr n A Hnran at
The d,,e NJ tho enactmert ~ tho I and
Az, Iso5 was tha holder ~ ieasa
from The "Reminiscences ~ Crown
lads 90 n, osi nnntainin, AZ ., acres
-. ,i, ,h,,,,,,oa 20 o,an n,.,,,o. -,
prna leland ns uowai;. IN 1909 nm
dor ,ho nro,;sions 90 p,r, ~ or tho
land Sct no annl,ed for The said lot
in fee representing that he hau Is per
cent of the lot under cultivation with
coffee, fruit, field or garden crops and
had improvements of house and extra
cultivation thereon of the value OF
5000 in addition to the said Is per
| cent: the Sub-Aye of Public Lands
for the district found that there were
about ten acres under cultivation and
| ,hat the house was of the value OF
$3.50: the application was accented and
in due time a patent was issued tt
Koran for the lot: Koran has contin
ued to live on the lot to the presen
time. and now has the entire area un
der cultivation and has improyement
thereon valued at s., 400 and has ex
pended thereon 50. 900: he has now an
piled for an additional $50 acres, name
ly. lots 1917. 1OS and 1903, in the new
Olaa survey. but his application ha
been denied by the defendants. FL
contends that he has a right unde
said Part TX of the Land Act to pur
chase these additional lots at their ap
praised value and asks that the de
PENDANTS be ordered to issue to him ;
patent for the same on receipt of tn,
appraised value.
The decision of the case de,end
unon the construction NJ sect;on ~ n
tbe said Land Act cciv 7, Soc osO
the norton OF which material 10 mi,
case is as follows.
.Section 10 ANY nerson boldin,
land individually or in ooninnctioI
with others situate in the Abnnnoa n
i Olaa District of PIMA IN the Islam
of Hawaii under lease from tb,
commissioners of Crown Lands lno
reserying rent for the first three q,
Ave wears of such lease, shall nj an,
time after the first nayment Of rent
which is hereby reduced for such lease,
70 one dollar ner acre annually in IN,
case Of ali leases reserving n large,
amount. upon fine Improvement of no
less than IL per cent Of the area of TN,
land TO be patented. to the satisfactio,
of the Commissioner. which improve
ments shall Include the bona fide cul
tiyation of coffee or fruit. field or gar
den crono or oil mr. anv ~ ouch crons