Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-02

is also a provision in regard to~sales
and exchanges, but there is no pro-
vision in the case OF licenses, and in
this particular case the land board
would have no jurisdiction, even If a
lease were contemplated, because the
area was under forty acres, - that is,
leases must have the approval OF the
: land board only when forty acres or
more OF agricultural or POO acres or
more of pastoral land are involved,
! Fisher: What is the authority I'M
der which the governor grants IL
censes.
| Governor: There is no express au-
I, thOrity in the statute. 1t is simply by
general reference in two places. That
| question arose during Governor Dole 5
administration and was submitted to
| the attorney general in Washington
and he ruled that licenses should be
! issued as distinct from leases and
Lcould be made for longer terms than
Ileases - they may be made after an
fauction sale and otherwise. They diff
! fer from leases in several respects.
Fisher: In what respect would
1 they differ to the advantage of the
public? | am not putting any
responsibility on you in the matter at
present, but what | want to get clear
I first is what these licenses are - you
say they can be made for longer terms
than a lease - that is distinctly to
the disadvantage of the public, is il
mot?
Governor: But it can be to the ad-
i ~r L.
the license to put in an irrigation
ditch - the ditch could not be con-
structed unless you gave longer pc
riod.
Lease or License.
Fisher: There isn't any reason on
earth why a lease should not be
made for drainage ditch if the stat
ute were amended to provide for a
longer period, is there? Now, you call
| a certain thing lease, now you call
something else license, now what is
the difference between that license
and lease?
| Governor: A lease is a transfer OF
the land for a certain period andNupon
| certain terms - a license differs from
lease largely in that it is a permits
sion to do certain things on the land
it does not give. complete control
over the land. - .r'. -
Fisher: Then how would it help a
drainage ditch? b.: 4
! Governor: We'll, more particularly
an irrigation ditch IL.
Fisher: Now, unless they could get
a very definite right for. that fifty
years, how are they. better off?
Governor: Well, don't, know as
may be. e. = s~-,.-ss,. "
Fisher: How is the public any bet
:, ter off?
Governor: Well, the public can
pass and repass over the land
Fisher: What want to get at here
is why should a transaction of that
kind take the form of license?
Governor: We don't want to give
a definite area we have certain
rights, for instance, the right to get
earth and stones and timber in differ
ent places, and maybe burying
right Of course, you can provide
that. in lease.
Fisher: Well, can understand the
use of a license for such purposes
such as you speak of; but am totally
at loss to know what public policy
there is that justifies using license
rather than lease. -.-. T.
I Governor: l suppose the object
might be accomplished under either
form, provided the statute were lib.
eral enough.
J. IRCh yhnt - f11
garding a lease?
Governor: Fifteen years in the
case of agricultural land and Fl years
in the case of other lands.
I Fisher: In such case as that you
undertook to grant license - did
i the opinion of the encouragement
relate to, a license of that kind?
Governor: This was a license fol
Ia water ditch to be of fifty years du
ration. .. .-..
T. Fisher: That is what the opinion
Of the attorney general referred to.
! Governor: That was the immediate
occasion Of the opinion.
| Fisher Do you submit q license OF
that kind to the land board?
Governor: Not necessarily. In the
case of the Waiahole water license
We submitted to the land board, but
at the special request Of
4 Fisher: OF whom?
Governor: Mr.. Kinney-he was the
special attorney of the applicants. ]
told him it was immaterial 10 me
whether it went to the land board OF
not, but if he wished | would submit
1t to the land board. There might be
question as to whether it should be
under the law, although | did not think
so.
Looking into Land Board.
Fisher: You think the land board
Is a useful agency in the admfnistra
ton of the land laws here?
Governor: Yes, on the whole.
Fisher: Then why should not these
matters--a license of any kind ex
cept as to the kind to cut timber OF
something of that sort, but a license
which gives a definite right to do q