The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-08
Sustains
the Action of
Cooper.
CORPORATION MAY
MAKE NEW LEASES
(pinion Of Attorney General Dole
Affirmed by Assistant u. 5.
Attorney General.
cTrNG GOVERNOR COOPER yes

A r y
te~day received a letter from the
"a Secretary of the Interior at
Il Washington. transmitting an opinion
4 rom Assistant Attorney General Willis
Van Deyanter. sustaining the ruling Of
Attorney General Dole, in which he
hid that the Territory had the right to
t,sa to corporations Government lands
u excess of 1000 acres, provided that
! desc leases do not exceed five years.
! Tls decision is of much Importance in
DIST it affects several large lease hold
les who otherwise would have been
4 mpelled to turn over to the Territory
l0usands of acres of sugar lands on
shich the leases are about TO expire.
4 acting Governor Cooper held that the
/ thousand acre clause in the Organic Act
did not epply to leaseholds of less than
iTe yeaIs and he was supported in this
c,nteRtiOn by Attorney General Dole.
The thousand acre clause which has
teen the subject of considerable dis
iussOp recently is part of section 55 OF
The Organic Act and is as follows:
No corporation, domestic or foreign,
Aap acquire and hold real estate IN
IqTai il excess of l 1000 acres, and all
fal estate held or acquired by such
rrora1ion or association contrary
a.reto snaIi be forfeited and escheat to
lie United States; but existing vested
ghts in real estate shall not be i'm
ilred"
The opinion of the Attorney General
Hawaii was based upon the theory
Tat the term real estate as here
;ed was not intended to include any
-tefest In any lands less than a free
a2'd estate, and that a lease of land for
APeriod Of five years is an estate there
less than a freehold; consequently
as territorial Government has lawful
4g'noTlty to lease agricultural lands for
ems not exceeding five years, by pub
auction to the highest bidder, al
aolgh such bidder may be a corpora
-oa owning more than a thousand
tres Of land.
ms written opinion by Attorney
s-efal Dole was forwarded by Mr.
gVLef to Secretary of the Interior
l@aoock, and the reply was received
.oin nat official yesterday, inclosing a
'''sf RON the Assistant United States
.1JIh5J General, to whom he had for
.a'o=o the communication for an opin-
"
-l5 ASSISTANT Attorney General, Will
i van Devanter, replied stating that
lae carefully considered the matter
- was q the same opinion as Attor-
O-h'rai Dole, and he therefore ap-
y'Sl such ruling His opinion was
$50 upon the joint resolution of the
~. ssS providing a Government for
s,,s sisiEitory Of Hawaii, and he also
g.. an opinion by Former United
NJ, .l' attorney General Garland, in
ro-. we conditions were very similar.
t,,9.-S -. u the letter and opinion were
sr G. yesterday by Acting Govern
R,rs p7E % Land Commissioners E. S.
80, ~ '.r appropriate action. Mr.. BOYD
r.-,;.. '-N' ne would not be able to -ad- |
j fzfar- -, 'An oli the ianQS involved |
'ne end OF the month.
Bsr.,hd ,rs -ahds in question are located in
Isl,rs4 Lualualei and Kohala ON the |
fnm . u hawaii and range in extent
Il fss I'D, -@ets Of 200 to 1900 acres each.
and -. u now planted in sugar cane |
,r,,.i ,ae lessons have been anxionsly |
Dan, ',s Inc decision before planning to |
]as 4'0DieF crop after the present |
yhos4 W. y, pofations holding the lands, |
yho 5. .1sses are about to expire. and |
ess. save made application for a new
tas 1fT Il e the Waianae Co. Hama-
sas,r, r,Il u Company and the Laupahoehoe |
abS, Company Other leases are also |
b+r n: ,s expire. and the greater num-
Sayipg I,sse o, are held by corporations
aIlrs,,e thousand acres each in |
Ion of 'oa s.. and to them the confirma-
mans tt..y tTts,.orney General Dole's opinion
he 81. ..-ousands Of dollars.
By eo,1a.s ny. mat the lands are now held |
IA tss rr.aaons r.nis viii make no difference
making of new leases. as the |
9ores ., ,=al will receive bids from any |
At lne public a,,o+;o,. -