The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-12

COUNCIL
Opinion Given on
Thousand Acre
Limit.
MUD FLATS MAY
BE RECLAIMED
Plan to Turn Kakaako ard KewaIo
Into Boating Lagoon and
Beach.

yesterday morning, the matter OF re-
claiming Kewalo and Kakaako came
up for consideration.
The plan is to reserve a strip about
Ieighty or one hundred feet wide makai
of the beach road. then from the wat
er's edge is to be a graouai slope to
make a sand beach for bathing, until
a depth of eight or ten feet is reached,
the mud and coral to be taken out to a
depth of eight or ten feet over an area
iof between 600 and 700 acres, retaining
untouched, the outer reef for several
hundred feet, as a protection from
storms and sharks. This will make a
large lagoon of pure water suitable for
Fishing, boating and swimming, instead
| of the present insanitary and unsightly
mud flats. The material taken is to
be used in filling up and putting into
sanitary condition the loWlanas lying
opposite and extending in the direction
of Waikiki for some two or three miles,
so far as arrangements may be made
with land owners.
| This Improvement will be without ex-
Ipense to the Territory; it is expected
that the right to take material from the
reef below low water mark will be put
lup at public auction at an upset price
of one cent per cubic yard, together
with the privilege of conveying the
same across the beach road to the lands
ito be filled in.
| This matter has been under consid-
leration for some time, and it is under
stood that Colonel Stone of San Fran
cisco, is prepared to bid for the privi-
lege, and to spend some hundreds of
thousands of dollars in carrying out the
undertaking.
| 1t was the unanimous opinion, of the
meeting, that the enterprise would be
a great benefit to Honolulu, and to
the Territory, in vitality improving the
lsanitary condition of the city, in great
Ily adding to land values, and to the
value of the beach, both for pleasure
and for fishing purposes.
Mr. Wr'ay Taylor brought up the mat
ter of the importation of diseased
Ioranges, saying that he had ascertained
that condemned oranges which, could
mot be sold or exposed for sale in Cali
lfornia, were being shipped to Honolulu
lin considerable quantities. It was the
Isense of the meeting that the impor-
tation of this fruit should be closely
watched and all diseased oranges de-
istroyed
The exchange of the government s
fright, if any, in two acres of land in
Waimea, Hawaii. for public right of
way for a new road laid out by Mr.
Bruner, was recommended
Attorney General Dole submitted an
opinion that lease-holds are not in
cluded in that portion of section 80 of
the Organic Act, which provides that no
corporation, domestic or foreign, shall
acquire or hold real estate in Hawaii
in excess of 1000 acres The opinion is
as follows:
| have the honor, at your request to
| submit the following opinion as to
whether leaseholds are included in that
portion of section So of the Organic Act
which provides THAT no corporation, do
nestle 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 or association
contrary hereto, shall be forfeited and
escheat to the United States. But exist
ing vested rights in real estate shall not
be impaired
Acquire and Hold" In plain Anglo
Saxon, acquire means to get, and hold
means to keep. The distinction between
acquiring and holding is clearly and
sharply drawn by the Supreme Court of
etc, "a Pet. 131.
Acquire. The definitions of acquire CIV
Ell by the Century Dictionary are in full,
as follows: ITO get or gain, the object
being something which is more or less
permanent, or which becomes vested or
inherent in the subject; as, to acquire a
title, estate, learning, habits, skill, do
minion, ETC.; to acquire a steamer; sugar
acquires a brown color by being burned.
a mere temporary possession is not ex-
pressed by acquire, but by obtain pro-
cure, ETC.; as, to obtain mot acquire) a
book or loan. Descent is the title where
by a man, on the death of his ancestor
acquires his estate by right of repre-
sentation as his heir at law Blackstone
Having been left in a greater degree
than others to manage their own affairs,
the English people have become self
helping and have acquired great practi-
cal ability; H. Spencer, Social States
429. Men acquire faculties by practice;
w r. Clifford. Lecture I, 81 The
young demand thoughts that find an
echo in their real and not their acquired
nature, and care very little about the
dress they are put in; Lowell, Study
Windows, p. 4Oe.'
Inc, charter of corporation author
lzed 1t to acquire, hold and convey
property, real and personal 1t yvas
cohtenoed that this did not enable the
corporation to take by will. The Court
SAD: The grant of power here by the
chartei Is, to acquire, hold and convey
property, real and personal: and tho
point is made that the word ACQUIRE, is
not broad enough to include a taking Nv
devise-that the word implies son,a eIc,
ment OF effort on the part of the one
VINO acquires. In judicial opinions and
oy law writers. the term is not rInfre-
qucnuy used otherwise, and as con,i,s.
to property by devise or descent, as well
as in any other mode. Thus BLACKSTONE
says; Descent, or hereditary succession
Is the title whereby a man, on the dea n
OF his ancestor acquires his estate Nv
right of representation as his heir at
law: Blackstone Commission, eOI. we
have no doubt that the power grained TO
ACQUIRE property is broad enough to en-
able the corporation to take by Will"
Female Academy VS.. Sullivan, 11s Ill. 3S9.
IN Bishop US. Lusk ct al, 81 S. W. 307
(Tex.) the Court saws: sour statlIta fx