The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-04
MORE CROOKED LAND
BUSINESS PROPOSED
HiIo Spectators suy on Falling Mar
kst- and Now Ask Commissioner
Boyd to Come 70 Rescue.
10 Ia Edilor d be Repssiiean:

To the Editor Of the RepHbiicaH
Sir On September 10Th. last year.
the professional fraternity and public
officials of Hilo took options in the pub
lie land bucket shop. under the Brown
Law. and 50 sure were they that the
speculation would prove good that they
bid the lots in the New Olaa Tract away
beyond reason. thereby depriving many a
poor man and intending settler from OBJ
tanning a home on the public land which
can be reached by road. The boom failed
to arrive within the first year on which
they proposed to reallze handsome pro-
fits and having agreed to commence sub
stantial improvements within the first
year which. evidently, many of them
never intended to do, they now find that
the price is too high and the conditions
too hard to comply with
1t is rumored that they have applied
to Commissioner Boyd asking him to
lower the price which they bid ii of at
and change the conditions as 10 improve
ments, residence. etc. This is something
that neither the Commissioner. nor the
Secretary of the Interior, nor President
Mckinley can legally do without the ae-
ton of Congress. 1t would be dishonest.
dishonorable and unlawful TO attempt it.
About dozen purchasers. acting in good
faith proceeded to establish their homes
upon the lots purchased, having been COM
PEELED to pay far more than the land was
worth and take land farther from mar
ket on account of such speculative buy
ers. These spectators now seek to be-
come beneficiaries of their own fraud. 1t
will be amusing to see some of these gen.
tlernen trying to get around the condi-
| tons as to residence as laid down by the
Secretary of the Interior in the case OF
| Johnson VS.. Gerard, Cops Public land
Laws, page I24.
AS the spirit of the law. i. e.. its in
| tent and meaning. is of higher moment
than its mere words. the recommends
ton of the local land Office under their
expressed opinion should have been.
think adverse TO both parties. 4 careful
consideration of the facts leads me to
that conclusion in concurrence with
yours Commissioner of the General
Land Office. The parties each visited
the land occasionally only, and made such
improvements as they seemed to think
might be essential to their claims, but
| each parsHed his respective GrocatioH
| eiseackere. without mdking the land his
| residence aud home The lac IS not sat
| isfed tcifh sHch pretended compliance
| icith its requirements. Residence on 8
tract. l. e.. an actual home thereon to
| the exclusion of one elsewhere, is a ne
cessity under the law"
Again. in the case of Van Ostrum VS.
Young. page 450. ethe Secretary says
| There is no better settled rule of Law
| in the Department than that cultivation
and improvement cannot be accepted as
! the equivalent of residence"
Page AL. in the case of West vs.
| Owen, the Secretary saws: THE idea
| that an individual can acquire or main
/ tain residence on tract of public land
! BY making occasional visits thereto while
i his family are residing elsewhere anC
while his interests and household effects
| apparently. are with his family. has lonE
since been exploded, If. indeed. 1t evel
had any real existence" In this case
| Secretary Lamar quotes from Story:
| Conflict of Laws es follows: "A true
| fixed and permanent home and principe
establishment. and to which whenevel
he is absent he has the intention OF re
turning"
I imagine that it will now be quite
different in making proof than it was il
| the Old Olaa Trset where, in some in
stances. title was obtained in the name
| of persons who were never seen upon tn,
land, never seen in Hawaii and their &C
| fuai existence is very doubtful. AT tht
| sale. last September. several lots wers
bid Of in the names of persons who die
not attend the sale. many of whom die
not reside in Hawaii. 1t was not lega
but that is nothing in Hawaii. Othel
parties bid OF lets and did not nut up /
cent. 7. J. r.
Mountain View. September LIST. 1901