Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-03-04
P PHILIPPINE
LAND REPORT
CONTINUED From Page IL


obtain only 40 acres as an individual
and only $500 acres as Representative
of corporation. With this conte
ton the majority of the committee e,
plicitly disagrees; it concludes tina
the "friar'' lands were not subject =
matter Of law. and ought not to b.
subject as matter Of practical eS
pediency, to the restrictions upol
public" lands. In support Of thi
position as to the legal status IT t!,'
friar lands, the report cites opinion!
of George R. Harvey. solicitor general
approved by Ignacio Villamor, attor
ney general; Louis G. Knight, at.or
ney for the bureau Of public lands, OF
the Islands, and of Attorney Genera
Wickersham: and includes also con
troverting opinion by Moortield Storey
of Boston. The point here made is
that the Philippine officials in their
course were abundanl.y sustained, and
were bound to be guided by, the opin
ions Of the law officers Of their gov
eminent. The transaction Of Poole, to
which the larger part of the discus
sion Is addressed, was the purchase OF
the "San Jose estate
There has not been disclosed" the
report says of this TRANSACTION. the
slightest irregularity or Improperly on
the part Of Dean G. Worcester the
secretary Of the interior; Capt. Chas.
H. Sleeper, the director of the bureau
OF lands, in the Philippines; the war
department or the bureau of Insular
Affairs at Washington: or any other
official either Of the Philippine govern
ment or tn United States government
in connection with the purchase or
sale Of the San Jose estate. It was
a perfectly plain and square business
Even If it shall be deter
mined that the law prohibited the sale
Of more than forty acres. the officials
who made the sale cannot be blamed,
IS they acted in pursuance Of legal
opinions which they were in duty
bound to accept, But what is the
aw?"
The report then discusses at length
he intent Of the law and arrives at
he conclusion that the organic act OF
1902 with its provisions in regard to
public lands does not apply to the
riar lands.
There are many other Limitations
md conditions prescribed in re or
,anlc act" declares the report, "gen-
raj In character, and which may rea-
onably be construed to have been ex-
ended to friar lands but the limita-
ions and conditions specifically i'm
'osed upon the sale and disposal OF
ands owned by the United States,
nd which this government mas gen.
rously permitted to be sold for the
enefit of the Filipino people, cannot
y any reasonable construction be
made to extend to sales by the Philip
inc government Of lands purchased
nth it's own money from private own
rs and which never d.. oelong to IL.
United States.
1T Is quite within the power OF the
Philippine legislature to limit the
mount of friar lands which may be
old to a single noncorporate pur-
haser, but it has not done so and
ongress has not done So"
The conclusion reached by the ma
ority of the committee, in addition
those quoted above explicitly ex-
nerating the officers mentioned, are
Unmarried as follows:
NO corporation can lawfully holG |
ore than 1,024 hectares (2,5OO acres)
any kind of land in the Philippine |
Glands. and no corporation has been
ermitted to purchase more than that |
mount of either public lands or friar
nds since the passage of the act O. |
'O2. Section Is of this act limits the
lie of public lands to 16 hectares, or
acres-the amount Of public lands
the Philippine Islands which law
lily may be sold to any purchaser
her than q corporation. No sale in
scess of that amount has been made.
Congress should, by appropriate
gislation more clearly express it's in
'ntion, whether individual citizens OF
le United States are to be included
excluded as purchasers Of agri-
lltural public land of the United
tates in the Philippine Islands.
While We see no objection to the
,quisition of homes in the Philippine
lands by officials or employees of the
'vernment, whether American or
lipino, we advise against specula-
On in public land by public officials,
I'd are pleased to note that the mem
RS of the Philippine commission
we refrained therefrom.
,irty Thousaid Acres Public Land.
There are about 100000 acres OF
lblic land in the Philippines, the sale
which IS restricted by law to forty
res to natural person, or $50,
res to corporation, each sale to be
nditioned upon actual occupancy and
ltivation of the lands for at least
e years during which the purchaser
ny neither sell nor cucumber them.
lere are only about $4,000 acres Of
occupied and vacant friar lands re
aiming. These cannot be sold in
ch small tracts and subject to such .
rdensome conditions, at prices !
'lch will enable the Philippine gov
nment to reimburse itself and pay
the bonds issued for that purpose.
that is to be accomplished they will :
We to be sold in larger tracts than ,
ose permitted for public lands, and :
thout these substantially prohibitive ;
nditions Of nonalienation or en- !.
mbrance. /.
we feel that the sale of such a /;
small amount Of land !,
somewhat larger tracts than 40 :
res, and without the conditions men :
ned, would not be injurious to the ;
st interests of the islands and could =
be considered as evidencing
Icy or intention to permit their ex. =