The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-07-17
LAWS
MODIFIED
Territorial Act Makes
Changes.
ALIENS RIGHTS AFFECTED
Only American Citizens May lake
Up HJmesteads-- 0rientals
Shut Out.

Attorney General Dole yesterday hand
I'd down his long-cNpected opinion on the
right q aliens to hold land under the
Territorial Act. The Attorney General
Announces that IN his opinion lie Terri
tor al Act plainly restricts the acquisi-
ton Of homestouds to citizens of the
United states ard those who have de-
dared their intention to become such, and
permits aliens to hold lands only under
certain specified pro, isions.
The document. which is of considerable
icngth, is described as an opinion relative
20 the effect upon the Land Act of 1885
OF the Territorial Act, and of the extern
sion of The Constitution and laws of the
United States to these Islands
4 lac purpose Of this Act was to promote
the II, quis. tion of home steaas 10y peop.e OF
imit,u means either by nalienabie or
unattacLable homestead leases for 500
years, by rlght OF purchase fur twenty
one Yeas, or by cash tree..~.~s.
CouCerniLg hOmesteaas. MIR. Dole says:
II am OF the opinion that the provisions
Of the Land Act relative 10 homestead
eas.s and right OF purchase leases
are repealed by implication, being
nconsis .elt with section IS OF the Terri
oral Act, which uec,aIes, amohg other
thiags, that no lease OF agricultural land
shall. be granted, sod or renewed by the
uoN ernment Of the Territory OF Hawa /
for a longer period than i've years until
Congress shall otherwise direct"
AS to the third method of acquiring
lands, by cash freeholos, Mr.. Dole says:
u le privilege OF acquiring a homestead
&c.. .f aa1N hsls dc.
not conhict W tn the Territorial Act but
IS materially restricted by section 70 OF
the Territorial Act where. among other
changes in the Land Act 1t is prescribed
that the words, 'tnat l am citizen of
the United States or that l have declar-
cd my intent. on to become a citizen of
lhe United States as required by law,
shall be suhst tuted for the words, that
am citizen by birth Cor naturallzation)
of the Republic of Hawaii or 'tnat l
have received letters of den.zation under
the Republic of Hawaii or that / have
received a certificate of special right of
citizenship from the Republic of Ha-
wall -"
The opinion goes on: "The Territorial
Act plaInly restricts acquisition of home
steads under the system of cash free
holos, pursuant to the Land Act of 1885,
to citizens of The Unned States anu those
who have legally declared their intention
to become such citizens.
~ his excludes AS aliCs, except the few
who were citizens Of the Republic of Ha-
wall on August IL, ISIS, and have conse-
quently become citizens of the United
states pursuant to section of the Terri
torial Act, as section 2iU9 of the Revised
Statutes of the United States Second edi-
ton) limits natura.izat on to aliens who
are free white persons or who are of Afri-
can nativity or descent
1t is then pointed out that section of
the Land Act is modified by section % of
the Territorial Act limiting general leases
of agricultural public LANDS to terms of
live years. Turning thence to the subject
of sales, the opinion says: Section POI
of the Civil Laws of 1897 (secton Il of the
Land AcD provides for the sale of pub
lie lands not under lease, in parcels of
not more than 1000 acres at public auc-
ton. Such sales are discretionary win
the Government and the purchaser is not
required hy the Land Act or by section
70 of the Territorial Act to make any dec
laration of citizenship. Any alien, being
the highest bidder might have the right
to purchase, If not debarred by chapter
2G3 of the Statutes of the second session
of the Fifty-fourth Congress approved
March 2, 1887, entitled An Act 20 Better
DefiRe and Regulate the r ghts of Aliens
to Hold Real Estate in the Territories
amending an Act of Congress passed ten
years earlier"
The provisions of this act, which de-
clare that no alien shall acquire title to
or own any land in any of the Territories
of the United States, is quoted in full, and
these exceptions are given: Save in the
following cases, where the right is secur-
ed by treaty, so long as such treaty Is
in force an alien who shall become a
bona fide resident of the United States,
or shall have declared his intention to
become a citizen; the acquiring of lots or
parcels of land in any incorporated or
plated city, town or village. or of any
mine or mining claim, the acquiring of
land by inheritance, in the ordinary
course of justice in the collection of debts,
and the lending of money and securing 1t
upon real estate"
The rights of Japanese and Chinese I'M
der the Territor al Act are considered In
the following sections:
II have not been able to discover any
thing which excerpts subjects of the Chi
nese Empire from the operation of the
foregoing statute The Burlingame trea-
~ of 1865 between the United States and
China. which has since been abrogated,
although the most liberal treaty that Chi
ma has ever had with the United States,
provided that moth ng herein contained
shall be held to confer natural, zation up
States II contalns no clause emitting
Chinese subjects to acquire land In the
United States
80 he last and most liberal treaty be-
tween the United States and Japan, sign
ed on the 22d day of November. 1884. con-
tains no provision enabling japanese to
become natural zed citizens of the United
States. In my opinion, IL contains moth
ing which entities subjects OF the Japan
ese Empire to acquire land in the United
States"
Two OF the paragraphs of the japanese
treaty are quoted In full in the opinion
and the Attorney General says of thea:
at appears to me that the language OF
these two paragraphs securing the right
of Japanese to do business In the United
States. to acquire, use and dispose OF per-
soral property. and to lease real estate
for business and residential purposes. to-
gether with the omission to provide for
acquiring title to real estate for other
than commercial and manufacturing pur-