The Hawaiian gazette., 1900-07-20
CHANGE IN
LAND LAWS
How Territorial Act
Affects Them.
THE RIGHTS OF ALIENS
Homesteads Open Only to American
Citizens--Some Other Mod
fcatons.

"A brief resume of the opinion of Attor'
ney General Dole relative to the effect
upon the Land Act of 1895 of the Ter
ritorial Act. and of the extension of the
constitution and laws of the United
States to these Islands. SO much inter-
est has been manifested in the matter
that the Advertiser herewith gives the
opinion in full:
Te His Excellency. Sanford b. Dole,
Governor of the Territory of Hawai-:
Sir-In compliance with your request,
1 have the honor to submit the follow
ing opinion relative to the effect upon
the Land Act of 1895 of the Territorial
Act. and of the extension of The consul
tuition and laws of the United States to
these Islands.
Section 1870 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pressly repealed by Section Z of the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 certain
cases, it does not substantially affect
the Land Act as a whole. No other
section of the Land Act is expressly re-
pealed.
The Land Act of 1895 was intended to
promote the acquisition of homesteads
by people of small means
able Homestead Leases" for the term
of nine hundred and ninety nine years,
Second. by Right of Purchase
Leases" such leases running for the
term of twenty years, with conaitiona,
rights of purchase at the expiration OF
the third year.
am of the opinion that the provis-
ion of the Land Act Mlative to Home
stead Leases and Right of Purchass
Leases" are repealed by implication,
being inconsistent with Section 70 of
the Territorial Act, which declares,
among other things, that no lease OF
agricultural land shall be granted, sold
or renewed by the Government of the
Territory of Hawaii for longer period
than five years until Congress shall
otherwise direct"
Third, by cash Freeholds." The
privilege of acquiring homestead I'M
der the system known as Cash Free
holds" does not in my opinion, conflict
with the above quoted provision of tn
Territorial Act relative to Territorial
leases; and the first sentence of Section
70 of the Territorial Act provides:
THAT the laws of Hawaii relating to
public lands, the settlement of boun-
daries and the issuance of patents on
land commission awards, except as
changed by this 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 20 of the Territorial Act, which
declares that
"In said laws "land patent shall be
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 the
words, that am citizen of the Unit
ed States" or that l have declared my
intenllon to become citizen of the
Uniteu States, as required by law" for
the words that | am citizen by birth
Cor Naturalization of the Republic OF
Hawaii" or that / have received let
ters of denization under the Republic of
Hawaii" or that l have received a
certificate of special right of citizenship
from the Republic of Hawaii"
The last section of the Land Act OF
1895 (Section 272 of the Civil Laws of
1880 requires the following dec arat on
in applying for Cash Freehold:
Schedule A. Form of Declaration of
Application for Homestead Leases,
Right of Purchase Leases, or Cash
Freeholds. Hawaiian Islands, Island
OF ......, IS, /. ......, being sworn, say
L am citizen by birth Cor naturaliza-
tion) of the Republic of Hawaii Tor
that / have received letters of deniZa-
ton under the Republic of Hawaii ;
Cor that have received certificate of
Special Right of Citizenship from the
Republic of HawaiD: ,nat l am under
no civil disability for any offense; that
I am not delinquent in the payment of
taxes; that / have made no false dec
laration in applying for land under
Land Act, 1895; that 1 am married Cor
unmarried); that do not own land in
the Hawaiian Islands not classed as
wet land Qf married that wife or hus-
band does not own such land): tor If
an owner of such land and an applicant
for enough more land as a Right of
Purchase Leasehold or a Cash Freehold
to make up with the land already held
by him the maximum quantity as al
lowed and provided by Section IS, Land
Act, 1895. that he owns such and such
areas of such and such classes; that
besides the land now applied for am
not an applicant for any interest in
land under Land Act, 1895 df married
that the wife or husband is not such an
applicanD, and that l am applying for
the land solely for my "own use and
benefit"
NEW FORM OF OATH.
The foregoing declaration, changed
to comply with the third sentence of
Section 73 OF the Territorial Act, would
be:
Territory of Hawaii. Island OF :. 49,
1, $500. being sworn, say that I am
over eighteen years OF age; that am
citizen by birth Cor Naturalization Of
the United States (or that have de-
clared my intention to become a citizen
OF the United States as required by
law)." etc.
The Territorial Act plainly restricts
acquisitions of homesteads under the
system OF Cash Freeholds" pursuant
to the Land Act of 1895. to citizens OF
the United States and those who have
legally declared their intention to be-
come such cilIzens. This excludes Ash
atics. except the few who were citizens
OF the Republic OF Hawaii on August
IL, 1898, and have consequently become
citizens of the United States pursuant
to Section OF the Territorial Act, as
Section z169 OF the Revised Statutes OF