The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-01-10
N CANDLESS
LANAI BRIEF
Full Statement of Case
From Protesting
Side.

cial Circuit, Territory of Hawaii
At Chambers. In Equity
Il. McCandless, Complainant, vs.
George r. Carter, Governor of the
Territory of Hawaii, and James
w. Pratt, Commissioner of Pubic
Lands of the Territory of Hawaii
Respondents.-Bill in Equity for an
Injunction
Brief of Complainant L. L. McCanoless.
After oral argument of the demurrer
filed herein the court asked counsel 1of
the respective parties to file briefs upon
two points raised by the demurrer, to
wit:
Whether or not Mr.. McCandless as a
citizen and taxpayer was entitieo u
bring this action for an injunction.
Whether the threatened act Of the
respondent, James w. Pratt, was an
act unauthorized by law and therefore
illegal.
Counsel for respondent has evidently
reproduced in full his notes used upon
the oral argument.
AS to the first two points of his orler,
we shall not notice them, feeling as
sured from the request of the court 10
confine ourselves to the two points sug-
gested by the court that the court is
satisfied that the other points are not
well taken.
We shall address this brief, then, to
the points upon which the court re-
quested briefs.
THE COMPLAINANT IS ENTITLED
TO BRING THIS ACTION.
The lands sought to be exchanged are
now under lease and bringing in
yearly rental to the Territory of Ha-
vail If a transfer of these lands is
made the rental will, of course, cease,
and the Territory be deprived of the
revenue therefrom. The fact that the
Territory seeks to exchange these lands
for lands of equal value does not IN
any way show that the lands Wnlch
will be taken in exchange are or Will
be income-producing lands. The notice
calling for bids does not specify any
| thing in regard to income-produc1ng
property. Lands of great value are all
over the islands in large tracts, which
| do not bring in one cent of rental. Inc
| fact that they may be of equal value
| with other lands which are producing
| an income does not change the fact
that the exchange of the income-pro-
ducing property for that producing no
income would increase the taxes of the
| citizens
IT is absolutely certain that the Ter
ritory will be deprived of the income
from the lease of the public lands
leased to Charles Gay, which lease ex-
pires January 1, 1916, in case the pro-
posed transfer is made. This means a
loss to the Territory of $4,000 in rental
which must of necessity reduce the
cash in the treasury to that amount
| and increase the taxation of the people
to that extent. This loss will follow
from the transfer of the land described
in Government Lease 16l.
Again. Charles Gay holds by lease No
500, expiring June 2. 1925, the land de-
scribed therein. This would bring into
the Territory the sum of $11,O0O and i
/ the land is transferred by the govern
| ment this means loss of that amount
tn the Territory, and the necessity Of
the taxpayers of the Territory paying
that amount which they would not bt
required to pay if the land were no.
transferred The bill in this case set:
ont these leases, describing the lane
leased, the number of the government
lease. the annual rental and the date!
| of the expiration of the lease. It aIst
| sets out that the complainant is land
owner in the Territory and pays
! large sum in taxes each year. If tn'
leased land is transferred by the gov
eminent then 1t follows as matter
of law that the government will lose
the rental reserved by the terms Of th'
j lease, for a transfer Of the title to TIT
land would transfer also all right tt
the rentals which would cease to &C
crue to the government from the dat