The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-03

resentative of a corporation. With
this contention the majority of the
committee explicitly disagrees; It
concludes that the "friar" lands were
not subject as matter of law, and
ought not to be subject, as a matter
Of practical expediency, to the re-
strictions upon public" lands. In
support Of this position as to the le-
gal status Of the friar lands, the re-
port cites. opinions. of George r.
Harvey. solicitor general. approved
by Ignacio Villamor. attorney gener-
al; Louis G. knight, attorney for the
bureau Of public lends, Of the ISL
ands. and Of Attorney General Wick
ersham; and includst also a contro-
verting opinion by Moorfleld Storey
Of Boston. The point here made fs
that the Philippine officials in their
course were abund&ntly sustained.
and were bound to Is guided by. the
opinions Of the Law aoh1cers Of their
government. The transaction of
Poole. to which. the larger part of the
discussion is addressxd, was the pur-
chase Of the "San JSse yttate."
No Irresuiarity
There has not been disclosed"
the report says OF this transaction,
"the slightest irregulartty or impro-
priety ON the part. Of Dean G. Worces-
ter. the secretary Of: the interior:
Capt. Charles H, Sleeper, the director
Of the bureau Of lands, in the Philip
pines; the war department or the bu-
reau Of insular affairs sat Washing
ton, or any other eficiak either Of the
Philippine government or the United
States government In connection
with the purchase or sale Of the, San
Jose estate. It was . perfectly plain
and square business transaction. Ev-
en- II It shall be determined that the
law prohibited the sale Of more than
40 acres, the ofnclals who made the
sale cannot be blamed. az they acted
In pursuance Of legal opinions which
they were In duty bound to accept.
But what is the law!"
Tho report then discusses at length
the intent Of the law and arrives at
the conclusion that; the organic act,
Of 1902 with its provisions IN regard
to public hands doesstat apply TO the
,friar lands.
There are many other Limitations
and conditions prescribed in the or
ganic act" declares the report, "gen-
eral in character, and which may
reasonably be construed to have been
extended to friar lands. but the Mmi-
tations ., and conditions specifically
imposed upon the sale and disposal.
Of lands owned by the United States,
and which this government has gen.
erously permitted to be sold for the
benefit Of the Filipino people, cannot
by any reasonable construction be
made to extend to sales by the Phil
fppine government Of lands purchas-
ed with It's own money from private
owners and which never did belong
to the United States.
1T 10 quite within the power of the
Philippine legislature to limit the
amount Of friar lands which may be
sold to a single non-corporate pur-
chaser, but it has not done so and
congress has not done so."
The conclusions reached by the
majority Of the committee, in addi-
ton to those quoted above explicitly
generating the officers mentioned,
are summarized as follows:
mo corporation can lawfully hold
more than 1000 hectares (2,500
acres) Of any kind Of land in the
Philippine islands, and no corpora
tion has been permitted to purchase
more than that amount Of either pub
lie lands or friar lands since the pas
sage Of the act Of 1902. Section is
Of this act limits the sale Of public
lands to 16 hectares, or 40 acres
the amount of public lands In the
Philippine islands which lawfully
may be sold to any purchaser other
than a corporation. No sale in ex-
cess Of that amount has been made.
Congress should. by appropriate
legislation more clearly express it's
intention, whether individual citizens
OF the United States are to be includ-
ed or excluded as purchasers of ag-
ricultural public land of the United
States in the Philippine islands.
while we see no objection to the
acquisition Of homes in the Philip
pine islands by officials or employees
Of the government, whether American
or Filipino. we advise against spec
ulation in public land by public off,
cials, and are pleased to note that
the members OF the Philippine COM
mission have refrained therefrom.
Large Public Area
There are about 30,000,00O acres
Of public land in the Philippines, the
sale Of which is restricted by law
to forty acres to a natural person, or
$500 acres to a corporation, each
sale to be conditioned upon actual
and cultivation of the
lands for at least five years during
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THE WEATHER. 81
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