The Hawaiian gazette., 1901-11-19

ton, in his report to the President has
the following relative to the insular
public lands:
Recommends legislation for the ap-
pointment of commission to make
proper examinations, consider and re-
port with reference to the survey and
disposal of the public lands in the in
sular possessions of the United States
The Commissioner makes the en-
phatic statement that The absolute fee
and ownership of all public, Govern
ment, or crown lands situated in Ha-
wall were absolutely ceded to, and be-
came the property of, the United States
upon the annexation of the Hawaiian
Islands"
lie goes into the history of the land
laws of Hawaii, which briefly are:
THAT prior to 1886 the lands in Hawaii
belonged in legal contemplation to the
king The act of the king giving his
chiefs and people portions of the lands,
retaining portions for himself and the
government. was ratified by the legisa-
ture in 1S4S. The lands thus passing to
the king and his heirs were thence
known as the Crown lands. In 1850, one
twentieth of all public lands were set
apart for the support of schools. In
1891 a part of the Crown lands was
divided into small tracts, and the meth
cd Of leasing them to homestead appli-
cants on easy terms Instituted.
In 1895 the Legislature of the Republic
passed the Land Act. 1885," now in
force. which provides a comprehensive
system for the care and disposition of
the public domain. BY this act Crown
lands are treated as having vested in
the Republic, and they, together with
the public lands before mentioned, now
Constitute the public lands of the Ter
ritory. Since the Hawaiian Land Act
of 1895 embraces the laws thus contin-
ued in force brief synopsis is here
given. as follows: They were classified
and divided into "a agricultural lands;
~ pastoral lands; (O pastoral-agricu
tural lands; D forest lands; t5) waste
lands. This act provided the follow
ing methods for the disposal of the
public lands of the Republic:
l. At public auction for cash in par
GELS of not over 900 acres, the consent
Of the executive council being required
before any lands could be disposed of In
this manner.
. At public auction upon part credit,
in parcels not exceeding COO acres, with
like consent required
j. without auction sale, in exchange
for private lands, or by way of COM
promise.
T. BY lease at public auction for not
more than twenty-one gears.
5. BY homestead leases, under which
each applicant might occupy eight acres
OF first-class agricultural lands, sixteen
acres OF second-class agricultural lands
one acre Of taro land, 30 acres of first
class pastoral land, 60 acres of second
class pastoral land, or IS acres of pas
toral-agricultural lands. Certain quail
iications were prescribed for these home
steaders.
Il. Right-of-purchase leases, under
which Il qualified applicant could occupy
with the privilege OF purchasing at the
end Of three years, and upon the fulfill
ment of special conditions, either 100
acres OF flrst-class agricultural lands, 200
acres of second-class agricultural lands
two acres of taro lands, GOO acres of first
class pastoral lands, 1900 acres of sec
ond-class pastoral lands, or 400 acres OF
agricultural-pastoral lands.
l. Cash freeholds, under which quail
fed applicants could purchase at public
auction the same areas which could be
acquired under the right-of- purchase
lease system above described
Regarding public land surveys the re-
port says, after comments on the lands
in Porto Rico and the Philippines:
In Hawaii "A better system of surveys
appears to have been followed. From the
data received at this office from Homo
lulu the following facts are gathered:
The original crown tracts there were
scattered, and varied in size from
quarter section to lands embracing sew
"ral townships. In the Island of Maui
points of triangulatons have been estab-
iishcd ut intervals OF a few miles and
the island divided into thirteen districts
lrregularly shaped and unequal in ex-
tent, each having a name, such as Kula
and each having a sea front These dis
tricts are divided into subdivisions, with
native designations. the subdistricts each
hn nearly every case) having also Il sea
front, and the boundary lines of which
are mostly at right angles to the shore
line. Subdistricts are mapped as
grants" awards" government +"
crown" etc, side by side, throughout
the island, Portions of these districts
are taken embracing 10 or 20 subdistricts
such as shown on the map of Nahiku
coffee, lands, and resubdivson lines are
run cutting up the lands into tracts av-
erag!ng 200 acres each by lines at right
angles TO the sea, extending toward the
interior as far as a highway road and
the resulting lots cut into two lots. each
averaging 100 acres marked consecutive
~, the one fronting upon the sea. the
other upon the road. so that each lot
VIII have either a road or the sea as one
of its boundary lines. The side lines in
all these lettings follow the trend of the
hills, and embrace the full length of the
streams in the subdistrict divisions. For
the purpose of disposals such resubdl-
visions are suitable and proper, and, In
the absence OF rectangles built upon me-
ridianal lines, serve TO provide available
tracts for coffee plantations or other
purposes. They could, however, have
been formed into rectangles, as in our
own system, and the tracts made equal
~ available.
IN the case Of the Island OF Hawaii
the plan seems to have been to take an