The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-09-06
WILL NOT
INTERVENE
u. S. Not a Party
in Case Of
Sugar Co.
MAY BRING
NEW ACTION
The Thousand Acre Clause Again.
Concluding Arguments in
Habeas Corpus Case.

| The United States will not intervene
I'M the case of j. B. Anterior VS.. Wa
hiawa Sugar Co. in which the thousand
acre clause of the Organic Act is in
/ VOWED. The question was set up in
the case when it was called up over a
4 month ago by plaintiff who alleged that
account. Judge Gear thought the prop
osltlon one which should properly be
presented to the United States authori-
ties and notified Acting United States
Attorney Dunno. The Organic Act pro-
hibits the holding by any corporation
of lands in excess of one thousand
acres, and it further provides that all
such excess shall escheat to the United
States. Mr.. Dunno notified Attorney
General Knox at Washington, and in
reply was told to use his own judgment
| in the matter
A consultation was held yesterday be-
tween Mr.. Dunno and United States
Attorney Baird, at which it was decided
not to intervene in the case in the Cir
cult Court and make a three cornered
fight of it. The United States has the
best of the bargain in any event, and
after the parties in this case have
fought it out can step in and take pos
session of the property in excess of one
thousand acres if such course is de-
cided upon.
THE United States will not inter-
vene in this case" said Mr.. Baird yes
terday. 1.-THE matter has been left to
the decision of the United States At
| torney's department, and it is deemed
unwise to make three cornered fight
| in court. The law says that all lands
| held by Hawaiian corporations in ex-
cess of one thousand acres, shall es-
cheat to the United States. This re-
| fers only to land acquired since an
nexation and not to any holdings ac-
quired under the republic or monarchy.
The United States may possibly exert
| it's rights in separate action in the Fed
| eral court but will not intervene in
this case, which has been particularly
| brought to our attention. What action
may be taken later, is still undecided.
This is the only case in which we have
been notified that the holdings of a cor
poration are in excess of the amount al
lowed by the Organic Act. The matter
| will be further investigated, and if the
! evidence is to the effect that the law
is being violated in this respect, proper
-sA
States courts.
| There is law of somewhat similar
| import in the states, which prohibits
corporations, a certain per cent OF
whose, stock is held by foreigners, from
owning above a prescribed amount OF
land. In Hawaii there is no distinction
as to foreign capital or otherwise; nc
corporation may hold In excess of one
| thousand acres, If acquired since an
nexation.'
The trial of the Atherton case has
1 been set for Saturday in the Circuit
! Court, with the understanding that in
the event no information had been re-
ceived from Washington, lit should be
again postponed. It will now be tried
on Saturday as originally set.
f1Abf1Ao SOfiE I'd
FINISHED
i The concluding arguments in the
habeas corpus case of Osaki MankichC
were heard by Judge Estee yesterday
morning. The attorneys were giveI
\ until Saturday noon to file citations OF
authorities, and the court announced
that he would render decision as soor
as possible, perhaps in four or five
days.
Mr.. Cathcart argued about an hour
more yesterday. morning, concluding
with the statement that there was nc
ground for review of the decision OF
the Supreme Court in the case at issue
He was followed by Mr.. Brooks who
spoke briefly and simply called atten-
ton to two points first what is NUM-
cipal legisla ton in the Hawaiian ISL
ands, and whether or not this municipal
Legislation: indictment by presentment
of a circuit judge and conviction by
less than unanimous verdict was not
contrary to the Constitution, and the
intent of the Newlands resolution.
Mr.. Davis also spoke briefly and be-
gan to quote authorities which had al
ready been cited by him. when Judge
Estee stopped him with the remark thai
the court should be given credit for a
little intelligence. He also referred tC
the actions of the Supreme Court OF
Hawaii in handing down two decisions
directly opposing each other, as an ex-
traordinary circumstance, and one
which entitled Judge Estee to take
jurisdiction. One of these decisions was
in the Edwards case. In which it was
held that he was illegally held, and the
other in which it was held that the
Constitution was not in force in the
Islands Immediately upon annexation
The court stated that he would take
the matter under advisement, and rem
der decision as soon as possible.
ESTEE WANTS IMPROVEMENTS
Judge Estee directed Deputy Marsha
Hendry to call the attention of the loca
treasury department, and also the