The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-07-02


In Section an amendment was
offered to strike out the words s'deeds
and" Senator Brown stated that the
amendment was offered By the COM
mlttee as il was not considered Just
that the Government should have the
right to go upon purchased land and
take what was desired. Senator Nc
Candies said without compensa-
ton" was also an Objectionable fea-
ture of the section. Senator Baldwin
stated that such a provision must de-
crease the value of the land to the
buyer. He thought it an unheard OF
thing that the Government could take
up land when and where 1t pleased
without asking Shy your leave"
Minister Smith believed the rights OF
the holders were well protected by the
provisions in the latter part of the
bill which prevented the Government
from taking land on which crops were
growing. The provision was not un-
heard of, having been in vogue in
Southern California. Senator Bald
win believed it improper to make it
obligatory for either deeds or leases to
contain the proviso that "the Govern
ment may at any time with reasona-
bic notice and without compensation
take possession, ETC." Senator Lyman
believed the Government had no
right to 90 upon the land of a private
citizen without compensation and
that The clause was unconstitutional.
Minister Smith asked whether it was
not for the public welfare to guard
against the high charges often re-
quired by private parties when the
Government desires to make public
highways, using private property
therefor. The purchaser bought on
these conditions and made his prepar-
atoms accordingly. On motion of
Senator Brown the words "deeds and"
in the first line and 'such deeds and"
in the second and sixth lines
Sen. Baldwin the word "may" was
substituted for "shall" in the third
line, thus making it optional with the
Government to put prOvisO in the
lease to take lands for roads, rock,
gravel, etc. The section passed as
amended.
Section 5, providing that the Com
missioners may from time to time by
public notice proclaim as a road or
street any portion of the public lands
not occupied under the provisions of
Parts 6 and z, was passed as read.
On Section 6 the committee reported
an amendment, supplying the words
''to be appointed" In place of the
words composed of the Minister of
the Interior and two persons" thus
providing for the appointment
of the Commissioners by the
President. It was also recon-
mended to strike out removable in
the third line and appointed" in the
fifth line.
Sen. McCandless offered an amend
of the Cabinet be changed to read
tsannrOUal Of the Sanata ~
Minister Smith believed it would be
better for the Minister of the Interior
to be a member of the Commission,
and was supported by Sen. Brown.
The latter moved that the section pass
as presented from the House. Sen.
Baldwin stated that the action of the
had been to hedge the &C |
ton of the Land Commissioners. He |
believed the Commission should con- |
sist of body of men entirely unbiased |
and the Minister of the Interior should !
not have the power to swing the MEM |
bers of the Commission according to |
his own ideas.
Minister Damon remarked that the |
mem bers of the Executive ought to be |
closely in touch with every depart |
ment and bureau OF the Government. |
The Land Commission should not be |
entirely separate from the
posed by the committee was carried |
by a vote of seven TO five.
Sen. McCandless brought up his
motion for the approval of the ap-
by the Senate. Sen.
Baldwin thought the wording should
remain as it was. 1t might be desired
TO make an appointment while the
Senate was not in session. Sen. Nc
Candless' motion was lost. On motion
T. caI Id
Section Z, as revised by the House
bill, divided the land in the following
districts: First district, Hilo, Hama
kua and Kohala; Second district,
Puma, Kau and Kona; Third district,
he islands of Maui, Molokai and Kau-
laiawe; Fourth district, Oahu, and
Fifth district Kauai and Niihau. The
section as passed by the House was
adopted.
On Section the committee recon-
nended striking out the word "shalP'
and substituting the word "may."
Smith held that the office of
,ub-agent should be made obligatory,
Is it was very proper that records and
transfers should be kept in each dis
,rict. The section was passed as in the
House bill.
Section 8, giving the Commissioners
power to establish forms of all iustru-
nents for carrying out the act, etc,
vas passed without amendment.
Section 10 was passed to read "The
with the approval of
he Cabinet, shall have power to pur-
.hase lands for homestead purposes
With any funds that may be appropri-
tied therefor"
Section IL, providing for district
angers, was passed as in the House
,ill. Section II WAS also passed as
cad. Adjourned TO 10 o'clock Tues
lay.