The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-06-15
APPEAL 70 ORGANIC ACT.
MOVE OF THE wAHIAwA SUGAR
COMPANY.
Claims Anterior is Acting for Waiaua
Which Already Has More Land Than
Organic Act Allows.

The Wahiawa Sugar Companys APP
peal to that section of the Organic Act
which forDlds the holding of more than
1000 acres OF land IN the Hawaiian
islands by any one corporation in the
Atnel ton Emmeluth case, viii prob
ably test i'm court an important section
OF the act. More tnan 1000 acres are
contained in the Wahiawa tract which
j. b. Anterior is seeking to acquire.
The Wahlawa Sugar Company contends
that Anterior is acting for the Wdialua
Agricultural Company, that that COM
pany owns more than 1000 acres of land
and therefore is proceeding illegally in
it's endeaNOr to obtain more.
Emmeluth leased the Wahiawa lands
from George Galbraith over a year
ago with the intention of becoming a
sugar planter. He paid the first
assessment of rent but failed on
the second and third. Galbraith claim
ed that by failure to pay Emmeluth had
forfeited his lease, and proceeded to
make new lease to j. b. Anterior.
The latter took charge of the land and
so notified Mr.. Emmeluth. 1t seems,
/ however that Emmeluth. or rather the
WahiaWa Sugar Company to which
Emmeluth's lease had been transferred
still set up a claim to the land, and
it was to clear the lease from this sha-
dow that Mr.. Anterior brought his suit.
7
company's answer in the case which re-
fers to the 1,0O0-acre limit:
THAT the said plaintiff herein Joseph
b. Atherton, is not the real holder of
all or any of the rights he may have
under and by virtue of the assignment
from the said George Galbraith to him
self, OF the aforesaid rights to the land
in question under the leases and agree
ment with the said John Emmeluth. as
set forth in the second paragraph of
the plaintiffs bill of complaint. and
! the instrument therein referred to; but
| that the said Joseph b. Atherton ac-
CURED and still holds all such rights.
as the trustee, either directly or in
directly; for the Waialua Agricultural
| Company, an Hawaiian corporation,
which already holds lands in the Ha-
waiian Islands in excess of one thou
sand acres, and that this acquisition by
| the said j. b. Atherton was and is in
contravention of Sec. So of the Act to
! Provide a Government for the Terri
tory of Hawaii, to the effect that no
corporation shall own and hold real es-
tate in Hawaii in excess of one thou
sand acres; and that for this and other
reasons the said Joseph b. Atherton is
not entitled to the aid or assistance i'm
any way of a Court of Equity in fur
therance of such attempted violation of
law"
The Organic Acts provision is THAT
no corporation, domestic or foreign.
shall acquire and hold real estate in
Hawaii in excess of 1000 acres; and all
real estate acquired or held by such
| corporation contrary hereto shall be
forfeited and esCheat to the United
States, but existing vested rights in
real estate shall not be impaired
NJ. A. GOnsalves has filed bonds i'm the
sums of $500 as administrator of the
estate of the late a. c. Pestana His
surety is William Lishman.
w. o. Smith and II. w. Hebron have
| applied to the court for letters of guar
dianship of their respective children
Each of the children is entitled to $941
under the will of the late Sarah Kath-
crime Gray.
In the matter of Nellie A. Cook VS..
HOLSTER Drug Company damages, it
has been stipulated that defendant may
have ten days after filing transcript of
evidence in which to serve and file it's
bill of exceptions.
In the matter of kapiOlani Estate VS..
Mary II. Acherley, ct. al, eJectment,
the complainant has been given thirty
days in which to file its amended ulll,
and the order of the court sustaining
demurrer.