The Hawaiian gazette., 1901-08-09

~ terday received letter from the
IA Secretary of the Interior at
Washington, transmitting an opinion
! from Assistant Attorney General Willis
Van Devanter. sustaining the ruling #
Attorney General Dole, in which ne
held that the Territory had the right to
lease to corporations Government lands
IN excess of 1000 acres, provided that
these leases do not exceed five years.
The decision is of much importance in
that it affects several large lease hold
ers, who otherwise would have been
compelled to turn over to the Territory
thousands OF acres of sugar lands on
which the leases are about to expire.
Acting Governor Cooper held that the
thousand acre clause in the Organic Act
did not apply ~ leaseholds OF less than
five years, and he was supported in this
contention by Attorney General Dole.
The Thousand acre clause which has
been the subject OF considerable dis
cussion recently is part of section Is Of
the Organic Act and is as follows:
mo corporation. domestic OF foreign.
! shall acquire and hold real estat" IN
Hawaii In excess OF 1000 acres. and all
real estate held or acquired by such
corporation or association contrary
hereto snall be forfeited and cscheat tn
the United States; but existing vested
rights in real estate shall not be i'm
paired"
The opinion of the Attorney General
of Hawaii was based upon the theory
that the term real estate" as here
used was not intended to include any
interest in any lands less than a free
hold estate, and that a lease of land for
n period Of five years Is an estate there
! in less than u freehold; consequently
the Territorial Government has lawful
authority to leqSe agricultural lands for
terms not exceeding five years, by pub
lie auction to the highest bidder, al
though such bidder may be a corpora
| ton owning more than "A thousand
acres OF land.
This written opinion by Attorney
General Dole was forwarded by Mr..
| Cooper to Secretary of the Interior
Hitchcock, and the reply was received
from that official yesterday, inclosing "A
letter from the Assistant United States
Attorney General. to whom ne had for
warded the communication for an opin-
ion.
The Assistant Attorney General, Will
lis Van Devanter. replied stating that
he had carefully considered the matter
and was OF the same opinion as Attor-
ney General Dole. and he therefore APP
proved such ruling. His opinion was
based upon the joint resolution OF the
Congress providing Government for
the Territory Of Hawaii, and he also
cited an opinion by Former United
states Attorney General Garland, in
which the conditions We're very similar.
| Copies of the letter and opinion were
forwarded yesterday by Acting Govern
or Cooper to Land Commissioner T. $.
Boyd for appropriate action. Mr. Boyd
stated that he would not be able to ad-
vertise for bids on the lands involved
before the end of the month.
| The lands In question are located in
| Hamakua. Lualualei and Kohala on the
Island Of Hawaii and range in extent
from tracts of 200 to 1900 acres each.
The land Is now planted in sugar cane
and the lessons have been anXiously
awaiting the decision before planning To
plant another crop after the present
one
| The corporations holding the lands
whose leases are about to expire, and
who have made application for new
lease, are the Waianae Co, Hama
kua Mill Company and the Laupahoehoe
Sugar Company. Other leases are ALSO
about to expire, and the greater num-
Der of these are held by corporations
Having over a thousand acres each in
cultivation and to them the confirma-
ton of Attorney General Dole's opinion
means thousands of dollars.
The fact that the lands are now held
by corpora tions viii make no difference