The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-06-07
THE LANAI CASE


lands described In the bill In this suit
In parcels OF more than 1000 acres each
in the manner set forth In said bill
and to exchange said lands In the man
ner set forth In said bill. said lands
being leased as set forth In said bill:
) and that said Supreme Court OF the
Territory OF Hawaii erred In deciding
that the acknowledgements. Jas. w.
. Pratt, Commissioner OF Public Lands
for the Territory OF Hawaii, with the
consent OF the defenda mt -in-error.
George X. Carter. Governor of the Ter
rltory OF Hawaii had authority Of. law
to exchange said lands in parcels of
more than 1000 acres each in the man.
ner set forth In said bill, and to ex-
change said lands In the manner set
forth in said bill, said lands being leas-
ed as set forth in said bill.
D. That when the Supreme Court OF
the Territory OF Hawaii was informed
by counsel for the ACCOMPLISHMENTS
that the exchange of lands sought to
be enJoined by the bill in this suit, and
enjoined in this suit, had been made,
1t erred in not decreeing that the said
exchange of lands should be cancelled
and set aside and in not ordering the
reconveyance of said lands so ex-
changed.
6. That the Supreme Court of the
Territory of Hawaii erred in not grant
ing the motion of the plaintiff-in-error
made on the 18th day of February,
1907, to continue the injunction made
by the Circuit Judge in this suit until
such time as the decision of the said
| Supreme Court of the Territory of Ha-
f, 1,tk e,,,st la
the Supreme Court of the United
States; and that the said Supreme
Court of the Territory of Hawaii erred
in not decreeing and ordering that the
said injunction made by the Circuit
Judge in this suit should continue in
force until such time as its decisions
herein could be reviewed by the Su-
preme Court of the United States.
And the plaintiff in -error further |
says: That the Supreme Court of the
Territory of Hawaii is the highest
court of the Territory of Hawaii in
which decision in said cause could be
had; and that all the said errors in
the decisions of the said Supreme Court
Of the Territory of Hawaii in said
cause hereinbefore alleged, are
against the rights, privileges and i'm
munities of the plaintiff-in-error as set
forth in the statutes of the United
States of America in IAN Act to Pro-
vide a Government for the Territory
of Hawaii" and in Section 70 of said
Act
Wherefore the plaintiff -in-error
prays:
That the decree of the Supreme Court
of the Territory of Hawaii made in this
suit on the LIST day of March, 1907, be
reversed that the order of the Circuit
Judge in this suit dissolving the tenn
porary injunction and Diminishing the
bill in this suit as to George r. Carter,
Governor of the Territory of Hawaii
be reversed and held for naught; that
the decree of the Circuit Judge over
ruling the demurrer in this suit of the
acknowledgements, Jas. w. Pratt,
Commissioner of Public Lands of the
Territory of Hawaii. be sustained, ,anl
that said demurrer be overruled. y
That 1t may be further ordered and
iecreed, that the exchange Of lands,
as set forth in the bill in this suit, is
null and void and without authority or
validity of law; and that the parties
% said exchange reconvey said lands
md execute quitclaim deeds each to
ne other, or others, as the case may
De, of all right, title or interest they,
'r either of them, may have obtained
rom such other, or others, by reason
'r virtue of said exchange; or that this
ause be remanded to the said Supreme
'ourt of the Territory of Hawaii for
uch further or other proceedings as
o this court may appear meet and I
proper in the premises and as the ma I
ure of the circumstances of this suit '
nay require.
That 1t may be decreed he shall have
UGH further or other relief in the n
remises as the nature of the circum- a
tances of this suit may require and Il
D this court shall seem meet and
roper.
The "Lanai Case' was a suit in
guilty brought by L. L. McCandless
s citizen and taxpayer against the
Governor and Commissioner of Public
.ands to enjoin them from exchanging "
he $4,000 acres of public land on the -,
sland of Lanai for certain property
/ Honolulu. Judge De Bolt dismissed
he bill as to the Governor but issued
as to the Commissioner of Public
ands. On February 10 the Supreme
curt announced decision dissolving
he injunction. Within few hours :,
he exchange was completed. The y,
resent proceeding is an effort TO get u
he decision of the highest court in ~
he land ON the law involved Vi
The first question to be decided will -
oubtless be whether the Supreme g
curt of the United States will take VI
q
The original papers filed yesterday
i'll go to the Supreme Court at Wash. ~
lgton. ~
Assisting A. q. NJ. Robertson in the "
use is 7, Miner Harrison. :"