The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-14
LAW RELATING
To LANAI CASE
The Right of Citizens to Take
Action---PubIic Land
Statutes.

| to the Injunction suit of L. L. McCand-
less against Land Commissioner Pratt,
on the grounds (D that citizen had
a right to interfere and (2) that the
| proposed exchange of the Lanai public
lands was unlawful Below will be
found the court IS statement of the case
| and summary of the reasons for its
| ruling, which is introductory to the
| extent that the court gives the re-
spondent ten days for any further
pleading.
In the opening of his deliverance
Judge De Bolt tells what the case is
and it's status. 1t lis a bill in equity
whereby the complainant as a citizen
and taxpayer seeks to have the Com
missioner OF Public Lands restrained
from exchanging certain public lands
on the Island of Lanai for other lands,
and also to have the Governor enjoined
from approving of such exchange An
order temporarily restraining the re-
spondents was made. The court grant
ed motion to dismiss the bill as to
the Governor, partly because it had
no jurisdiction over the Governor IS dis
erection and partly because, with the re-
straint holding the Commissioner, there
would be no forbidden act for the
Governor to approve.
When the Commissioner demurrer
came to argument the court heard it
and asked that counsel-George D. Gear
being for complainant and Messrs. Pc
tiers and Milverton for respondent file
briefs upon these two points:
"O. Whether or not complainant
as citizen and taxpayer had the right
to bring and to maintain this suit
"(2). Whether or not the threaten
ed act of the Commissioner to exchange
said public lands for other lands is
unauthorized by law and therefore ille-
gall
The Attorney General contended that
the complainant could not bring the
suit as citizen and taxpayer unless
he had suffered some special injury and
that it was incumbent upon him to
allege this special injury.
Judge De Bolt quotes whole lot of
outside and Hawaiian Supreme Court
decisions in support of the general rule
81 that equity viii interpose in behalf
of individuals to strain all illegal and
acts by public officers
under claim of official authority which
tend to impair public rights. y, cit is
not necessary that the plaintiff should
show actual damage to himself and to
all others similarly situated These
are quotations. For himself Judge De
Bolt says:
ITO my mind it is monstrous prop
oslt1on to urge that a public-spirited
citizen and taxpayer has no standing
IN a court of equity in a suit thus
brought to protect the rights of the
people against the illegal and unwar-
ranted acts of a public officer. A citi- |
Zen or taxpayer, without suffering. any
special injury peculiar to himself. who |
is willing and able to undertake task |
OF this character in good faith and to |
assume the burden and annoyance in |
cldent thereto, for the benefit of the |
pubic in general, is to be commended" |
On the second point, the bill alleges |
that the public lands sought to be ex-
are leased to Charles Cav
Their area is 1869 acres, of which
Gay holds government leases for 49,
BOY acres, paying large sums annually
as rent therefor. They are all the
public lands on Lanai, the total area
Of which is not more than Sc, 400 acres.
The court quotes the law showing
.hese provisions here condensed: The
commissioner may with the consent of
he Governor sell public lands not I'M
Ter lease, in parcels of not over 1000
acres, at public auction for cash; and,
N parcels of not over 600 acres, upon
part credit and part cash. Provided.
hat land patents may be issued in
exchange for deeds of private lands
'r by way of compromise without an
auction sale.
1t is important to observe that this
section, the court proceeds, IDEALS
'nly with public lands not under
ease. And 1t is, therefore, wholly i'm
whether such lands are to be
sold for cash. or upon part credit and
part cash, or exchanged for private
ands, they must be public lands not
Inder lease
This, to my mind. disposes of the
whole question" Further along he
says that the only office the proyfso
n question serves is that it dispenses
With an auction sale.
Lest there remained any question as
o the intent and scope of the section
llready dealt with, as to whether or
lot 1t refers to public lands under
ease or only to public lands not under
ease, Judge De Bolt takes I'D eight
'ther sections which cover, las it
would seem. every possible phase of
he management and disposition of
public lands under lease, including the
and in question, and he finds that no
is contained therein, as in
Sec. 276. for the sale or exchange of
public lands"
He finds that the government can
lot even lease public lands upon which
here is an existing lease having more
han two years to run.
From the use of the phrase, IAN
Luction SALE" 1t would seem that the
legislature regarded an exchange as
sale.
The court must find that the proviso
n question is limited to the subject
natter of the statute upon which it
S engrafted, that is, to public lands
lot under lease in parcels of not over
900 acres" and that it was not in
ended ito enlarge or extend" the act
lpon which it was engrafted so as to /
over public lands under lease in par /
els of over $4,000 acres, more than /
ne-half of islands Of I