The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-07-17
LAWS
MOD|F| led
Territorial Act Makes
Changes.
ALIENS RIGHTS affected
Only American Citizens May Take
Up HOmesteads--
Shut Out.

Attorney General Dole yesterday hand
ed down his long-expected opinion on the
right CT 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 homesteads to citizens of the
United States and those who have de-
clared their intention TO become such, ana
permits aliens TO hold lands only under
certain specified provisions.
The document. which is of considerable
length. is described as an opinion relative
to the effect upon the Land Act Of 1895
of the Territorial Act. and of the extern
sion of the Constitution and laws of the
United States to these Islands.
The purpose of this Act was to promote
the acquisition of homesteads by people of
limited means either by inalienable or
unattachable homestead leases for 999
years, by right of purchase for twenty
one years, or by cash free..O..s.
| Concerning homesteads. Mr.. Dole says:
Il am of the opinion that the provisions
Of the Land Act relative to homestead
are repealed by implication. being
inconsistent with section 10 of the Terri
torial 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 Hawai-
| for a longer period than five years until
Congress shall otherwise direct"
As to the third method of acquiring
lands. by cash freeholds, Mr.. Dole says:
wssH IL hon al
under the system of cash freeholds does
not conflict with the Territorial Act, but
Is materially restricted by section % Of
| the Territorial Act where, among other
changes in the Land Act, it IS prescribed
/ that the words, that | am a citizen of
\ the United States OF that have declar-
ed my intention TO become a citizen of
the United States as required by law
shall be substituted for the words, that
/ am a citizen by birth Cor naturanzation)
Of the Republic of Hawaii or that 1
have received letters of denization under
the Republic of Hawaii or tnat / have
received 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
holds. pursuant to the Land Act of 1855
TO citizens OF the United States anu those
who have legally declared their Intention
70 become such citizens.
! This excludes Asatics, except the few
J who were citizens of the Republic Of Ha
wall on August II. 1s9S. and have conse-
quently become citizens of the United
States pursuant 70 section 4 of the Terri
torial Act. as section 2169 of the ReviseC
Statutes of the United States (second edi
; tion) limits naturalization to aliens wh'
: are free white persons or who are of Afrf
? can nativity or descent"
IL Is then pointed out that section o
? the Land Act is modified by section 70 o
y the Territorial Act limiting general lease
Of agricultural public lands to terms o
FIVE years. Turning thence to the subjec
OF sales. the opinion says: Section 20
Of the Civil Laws of 1897 (section II of tn
. Land AcD provides for the sale Of pub
p lie lands not under lease, in parcels G
? not more than 1000 acres at public auc
y ton. Such sales are discretionary Wit
p the Government and the purchaser is nj
p required by the Land Act or by sectio
y 70 Of the Territorial Act to make any de-
- laration Of citizenship. Any alien. bein
~ the highest bidder. might have the rigf
!. to purchase. IL not debarred by chapt'
- 263 of the Statutes of the second sessio
~ Of the Fifty-fourth Congress approx,
~ March 2. 1851, entitled An Act TO Bett
Define and Regulate the Rights of Aliel
TO Hold Real Estate In the Ierrltorle'
amending an Act Of Congress passed t.
% years earlier
vs. The provisions Of this act, which d
IS clare that no alien shall acquire title
Is or own any land in any of the Territori
Is of the United States. Is quoted in full, a
80 these exceptions are given: Save in I
80 following cases. where the right IL sect
IS ed by treaty, so long as such treaty
IS in force: an alien who shall become
so bona fide resident of the United Stat
so OF shall have declared his intention
80 become citizen: the acquiring Of lots
rs parcels Of land in any Incorporated
IS plated city. town or village. or of a
50 mine OF mining claim, the acquiring
so land by inheritance, in the ordina
80 course OF justice In the collection of deb
so and the lending of money and securing
80 upon real estate"
10 The rights of Japanese and Chinese
der the Territorial Act are considered
the following sections:
II have not been able TO discover a
50 thing which excerpts subjects of the c
40 nese Empire from the operation gof
90 foregoing statute. The Burlingame tr