The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-07-18
CHANGE IN
LAND LAWS
How Territorial Act
Affects Them.
THE RIGHTS OF ALIENS
Homestesds Open 0oIy to American
Citizens--SOme Diner Modi-
hcatIons.

ney General Dole relative to the effeci
upon the Land Act Of 1895 of the Ter
ritorial Act. and OF the extension of thu
constitution ard laws of the Uniteu
states to these Islands. SO much inter
est has been manifested in the matter
that the Advertiser herewith gives the
opinion in full:
To His Excellency. Sanford 3. Dole,
Governor OF the Territory of hawai-.
sir-In compliance with your requ st.
1 have the nonor to submit the follow
ing opinion relative to the effect upon
the Land Act OF 1895 of the TerTitorIa.
Act. and of the extension OF the consi-
tuition and laws of the United States 10
these Islands.
Section 100 of the Land Act. as en-
| bodied in the Civil Laws OF 1897, is ex-
pressly repealed by Section Z OF the
Territorial Act. AS this section relates
only to the appointing power in cert Iih
cases, IL does not substantially AFFECT
the Land Act as a whole. No other
section Of the Land Act Is express-y re-
peaied.
The Land Act of 1895 was intended To
promote the acquisition Of hOmesteads
Dy people of small means
! First. by inalienable and unattach-
| able Homestead Leases" for the terM
OF nine hundred and ninety-nine years
| Second. by Right of PurChas-
| Leases" such leases running f-r the
term OF twenty years. with conditions.
! rights Of purchase at the expiration OF
the third year.
/ am Of the opinion that the provis-
| ion of the Land Act relative TO Home
stead Leases and Right of Purchas
Leases" are repealed by implication.
| being Inconsistent with Section % OF
| the Territorial Act. which declares,
| among other things. that mo lease OF
| agricultural land shall be granted, sold
| n renewed by the Government of tn
Territory Of Hawaii for longer peri d
than five years until Congress shall
otherwise direct"
Third. by cash Freeholds.'' The
| privilege Of acquiring a homestead I'M
/ der the system known as Cash Free
holds" does not, in my opinion. conflict
/ with the above quoted provision of tn
I Territorial Act relative to Territorial
leases: and the first sentence OF Section
20 Of the Territorial Act provides:
| THAT the laws Of Hawaii relating to
public lands. the settlement of boun-
daries and the issuance of patents or
i land commission awards. except as
| changed by tins Act. shall continue in
force until Congress shall otherwise
provide"
SOME RESTRICTIONS.
| think. however, that the privilege
OF acquiring such freehold is materially
| restricted by the third sentence OF
Section % Of the Territorial Act, which
declares that
In said laws LAND patent" shall b
substituted for royal patent" com
missioner OF public lands for minis
ter of the Interior agent Of public
/ lands" and commissioners of pub .ic
lands or their equivalents: and tbs
words. that I am a citizen OF the Unit
ed States or that have declared my
iutenuon TO become a citizen Of the
lUnitcu states, as required by law f1I
the words that / am a citizen by birth
| Cor Naturalization OF the Republic OF
Hawaii" or that I have received let.
tiers Of denization under the Republic oil
Hawaii" or that 1 have received q
, certificate OF special right OF citizenship
from the Republic Of Hawaii"
! The last section Of the Land Act Of
! 1895 (Section 212 Of the Civil Laws o
1880 requires the following dec .arat OF
! in applying for n Cash Freehold:
= Schedule a. Form Of Declaration O
Application for Homestead Leases
] Right Of Purchase Leases. or Casl
Frecholds. Hawaiian Islands. Islam,
OF ......, -. I ......, beng sworn. sa.
that 1 am over eighteen years o d. tina
> / arm a citizen by birth Cor naturaliza
| lloll OF lue INepuDlc OF l1dNal Nt
that / have received letters of deniZa
= ton under the Repub ic Of HawaiD
cor that I have received certificate o
Special Right of Citizenship from tn
!. Republic OF HawaiD: ,nat / am unde
\ no civil disability for any offense; tina
/ am not delinquent In the payment O
: taxes: that | have made no false dec
. laration In applying for land unde
Land Act. 1898; that i am married 60
unmarried): that do not own land /
= the Hawaiian Islands not classed a
wet land on married that wife or hus
bard does not own such land). Tor
an owner OF such land and an applicar
for enough more land as a Right {
, Purchase Leasehold or q Cash Freeho'
y TO make up with the land already hel
" by him the maximum quantity as a
. lowed and provided by Section So, La
:, Act. 1896 that he owns such and sue
y areas Of such and such classes): tn;
: besides the land now applied for j a
= not an applicant for any interest
land under Land Act. 1895 OF marie
= that the wife or husband is not such q
applicanD. anu that / am applying f.
the land solely for my own use al
benefit"
~ NEW FORM OF OATH.
NJ The foregoing declaration. chang,
" TO comply with the third sentence
section - OF the IerrltOTial Act Won
be:
Territory Of Hawaii. Island OF ....!
I. ....... being sworn. say that I a
over eighteen years Of age: that I a
n citizen by birth Cor naturalization)
the United States Cor that / have d
clared my intention to become a cit!z
Of the United States as required
law" etc.
90 The Territorial Act plainly restriC
M acquisitions Of homesteads under {
system ~ Cash Freeholds" pursua
90 the Land Act OF 1895. to citizens
the United states and those who ha
'e' legally declared their intention TO
re come such citiZens. This excludes A
atics, except the few who were citiZe
I. ~ the Republic of Hawaii on Augl
- IL. 1898. and have consequently beco
citizers Of the United States pursus
10 Section 4 81 the Territorial Act.
ire Section 2Is9 ~ the Revised Statutes
,,- the Urited states (2d ed limits n
: uralizntion 20 alters who are free VIII
~ persons Ut who are Of African nativ
~ or descent
W. Section OFT ~ the Civil Laws 81 !
,e- tSecfion 70 ~ the Lard Act) Is modii
=. by Section ~ NJ the Territorial
iir~iti7g general leases Of agricul'u
IN public lands to terms OF five years