davidaulloa/AmericanStories huggingface dataset:
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27
u. s. Land Laws vs..
Hawaiian Land Laws
"a ID - d ID Rersbl.oen

To fke Editor Of the RepsbIscsa
sir-At the close Of my conmunIea-
ton OF the 18th. retired from the
task in disgust. and that is where
many others have quit Hawaii and all
things Hawaiian That is Just where
a certain aggregation in these Islands
wish 70 drive every one who will not
act as a coot and cOddle al their heels
for mere existence. I admit that II Is
almost useless TO cast pearls before
swine~-swine with backbone and
swine without any: swine that get
the corn and swine that get the
husks, but. IN acting as philosopher
and guide while the porkers 90 BY I
may be able TO point out some Of their
peculiar Characteristic II viii be
necessary to 90 back little for the
text and take up the thread OF dis
course where ! left OF by quoting the
Commissioner as follows;
Nothing should be done which
would jeopardize the future Of the
country. In my opinion. the applica-
ton Of the American system OF land
laws would do this 1eopardize the fu-
ture Of the country. Tor Il would lead
10 the planting upon the subdivisions
OF a plantation OF men who take up
the lands In the interest OF the estate
instead OF for their own homes"
Probably the Commissioner has
come 10 this conclusion from the fact
that Hartwoll. Smith. Armstrong and
others from Hawaii fought hard
against the introduction Of the Ameri-
can land laws into Hawaii. or course.
We all know that these men would not
do anything or allow anything to be
done. II they could prevent II, that
would help a plantation either direct
IS or indirectly. They are pure pa
triots. who work for the dear people
and hold the greedy planter in check.
At any rate. the Commissioner shows
By his own words that he knows moth
ing about the American land laws.
and il would appear that he does not
want % know anything about them.
On his tour OF inspection he found out
how much wealth you could pile up
by buying Olaa Sugar Company. but
he failed to learn anything about the
methods which are being practicsd
here in illegally obtaining title to the
public lands. although there are sew
eral parties hired to file and prove up
on lands, and as soon as title is OBJ
tanned turn them over TO the fellow
under cover. who pays the expenses.
and under the Hawaiian law at that.
which he claims 10 be so much SUI
perior to the American land law to
prevent speculation in the public
lands We will see later whether or
not the Commissioner is trying to help
the Hawaiians or any other persons |
TO obtain homes on the public lands (
for their own use and benefit
To give the Commissioner some
thing to paste in his hat and for the |
information Of other people, I quote ]
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27

case. showing what becomes OF such
spectators under the United States
land laws
Cops Public Land Laws. Page 7ss.
SMITH "a CUSTER e. al
Pre-eapf5on Eafrp - Tnsocenf Psr-
ehoser-J srisficfios Of fhs Deparfaeaf
The conHsi<ssonsr Of fhe GessreT
Lond OAsce aa6 fhs Secretary Of the In
terror gre rested Rita fsH fsrisSscfs0n 70
Dsss On the Eaiidifv Of pre-esn pfioa en-
Try Giiohced bH fac local officers
4 pre-empftoH ciaimasf acgRircs no
title 70 psblic isnd snfIl ke Aas fslly
compIic8 tcsfh oil fhe prerequisite re-
quireneafx aid pad for fac dad
The pre-empfor tskes By final proof.
payment and the receipt Of fasl cerfsf-
cate. only ri1hf 70 a pgtenf. n the ersaf
fhaf the GeHersi Land OfIcs. or the De-
DarfmeHf On appeal. fad that the facts
ioarrasf the issHsnce thereof
One Wk0 DHrckases laad from . pre-
empf0T prior 10 patent acqauss no
greater right tkSn eTisfed N the pre-
empfOr. GHd ts charged rifh knowledge
fhaf the legal title readias in the United
States. subject TO tke Hecessary inquiry
AID Liberalization By tie Land Office
and Department on irhich patent aGg
issEc
ceipf Of fnaF certificate. made bv fhe pre-
csapfor prior 10 faGI proof. renders fhe
entry fraudulent and reqHirss lie can
relation.
II i the 5Hfv Of the Department to
cancel any entry tcbtch has been made
contrary TO laE. or Of lands not subject
70 entry. OF bg persons not qualified. or
tcherc compliance Icifh legal pre-reqais-
ifcs did NOT take place or Irhere by false
proofs seeming com pliaRcc tcas fraud
uieHflg esfg blished.-Secrefary Villas to
COmaissoner STOChSLAGER. FeBrE-
arg %. 1889.
The land involved ls the y. W IA Of
See. %. T. , y. II. 81 f. Ia Grande
district. Oregon.
The record shows that on June q.
1880. John Custer fled pre-emption dec
iaratory statement for the tract. alleging
settlement thereon May Ia of the same
year He made final proof before a no
tary public at Pendleton. Oregon. Octo-
her 16. 1882. which was acted uDon and
approved by the local officers October 10.
1852 and cash entry certificate No. l.
Ia issued thereon. On February 10.
1893. the local officers transmitted TO
vonr Office the eorroborated affidavit of
u. X. Smith. attacking the validity of
said entry. alleging in substance that the
entry was not made in good faith for the
use and benefit of the entryman. but was
made fact for the use and benefit of
one ]. H. Cavanaugh: that prior TO the
date thereof. the entryman. together with
his brother. Josiah Custer (who at the
same time made cash entry No. 1.176 for
the $. f. IA of said Sec 32) entered
into a written contract. by which thew
agreed for the expressed consideration
Of S1.4O0 to convey to said j. H. Cava-
naugh the land here in question together |
with that embraced in the entry of Jo- !
siah Custer as soon as title was obtained |
from the United States: that Cavanaugh |
Maid all the fees and costs attending the |
nakine of final proof and also furnished |
The money TO nav for the land when the |
Entry was made: that in pursuance of |
said written contract John Custer did. |
Dn the day the entry was made. and he |
fus-- he bad raaSi~oJ notice chat his ta-saf !
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27

n TIE rixhtful aeqaisssion of she pabiir
brad Ne clsisfsL This heSnx -. i = psaif
that th< p1Fekaser eaa ecqnire frou1 the
snrfyuan nc geeateF estate Or riahs thau
tie enxFynl&n p<ssseSzes The purchase
= ekarsssole With knewis<i<e of the sau.
whtSA laxiaSiss know isise q tbs IAw. and
i SkzFgeaole with knu~se5za of the e<are
u the title whieA he Aeys. IA 40 FAR. 81
hast. ~ that the legal title rvnains in
fhe LniEed States. suhiect 70 the nsces-
ssry inquiry ard determination ~ the
t.eni Otkre and Department upon which
patent Ray issu@- He Is nos then an in
aoeent purchassr~ 80 Ear a. there u4y
fSsae. He buys sahieet % the risk Of fhs
CONSCIOUSNESS Of the inquiry dspendin< IN
the Daepartnent. lie buys = title $50
lsdfe~ AZ the rost. i i brt an esai-
tshle title. the le<ai title being il tae
<ovsrumcnf- X IS . familiar RUE thar
The purchaser Of an equitable title tskes
and hol1s il S1bjscsE 70 all equities upen
i n the hands Of hts veuior. and has 10
better standing than BE.
NoFz---E'3rrAssers fron psTsoas rks
kssa zstsi eertsscsfss psreksss rsfk aatice
Essf sae LaNS rcParfsteat g DIST q 81
substitution u fAe teN. Sad fhSt y a9e 30
4ssaGr.ts ~ issns Patsnfx % pys-smpsars
~ eRfrgsssa rAo Asre sss coasptssS rlsA
isc isss ~ Aars Pyecsrsa fAssr csrtssessss
- ffs@a- ~ = NeeSNett- - II - -
Al L. l. o.. ISL
Bsous -. C'hil,ls 90 Peters. la
boot " Shields Il WOelwortk. Sffi. IL
i argue<i however. that this Is iucou-
SsSgeat with the theory that the land 81
aelG i liable 70 taxation, a. the Supreme
court has determined. But the same
court has made thIs point plain asa II
- the equitable title auiy which IS tax
aaie ard IN ease OF sale for taxes. the
tits. tsTroA -. SAaord IS Howard.
t4l.l
These asliGsiicasionS. 50 strongly sup
porting the plain reason 0f the matter.
.caves me in no doubt os the duty VI the
Department To cancel any entry which
aas been made contrary 10 law. or II
lands not subject 70 entry. OF by a person
not qualified 10 make such entry or
where compliance with the legal pre-
requisites 10 such eptry did not take
place. or where by false proofs d seeming
compliance was fraa,iulently established
Entertaining these views. your decision
j. hereby affirmed.
In another similar case. wherein the
Travellers Insurance Company vas a
party in interest. as mortgage. in a
decision rendered b. First Assistant
Secretary Chandler to Acting Commits
sioner Stone. August 18th. 1883 % l.
D. S16D. the whole question was again
reviewed. the doctrine as laid down By
Villas was reiterated and
the same conclusions arrived az.
II win avail nothing 20 say; The
law has been repealed.
for the reason that the same rules
pervade all the land laws OF Congress
the public domain OF the
United States and the alienation
thereof The repeal OF the pre-egnp-
ton law does not repeal the Supreme
Court decisions except wherein such
decisions relate to some particular pro-
yisi-n or peculiar wording OF such law
II does not repeal Sections AL and
453 OF the Revised Statutes. which I
claim was extended TO Hawaii by Sec
ton OF the Organic Act
TT. r.
Mountain View. Sept. IS. 1901.
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27
His Share Very LInh,.

Cholly-Yaas. GusSie Chickadee and
have decided to waise 4 mustachs.
Miss Peppery tscrutiniziug his lipl-
Al he's raising at least three-fourths Of
it then. | presume
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27

exees q tie ro~er kaTi1x hseu In srue
form considered 80 that Il = not sar
prisins that a. Iass the eourr ms sexn
I'D p rse tie ToLleEsnx IsaguaSe ia Steel
r. Sz<lsizx ca les L =. 459Y
We kasx ~ effs. k1S seeesson - sssek
az ske kszG DsS1ffmsss tks stisef ~ ia
rrEefsen. sad he pe<srs e possesses n
the skensfsom ~ bsfsns " peFfseas ~
fks ezblsc ies6s fass s. errafss 81 49,
slersanf ssrrrSxs 20 <sd fksf cezsseF ~
fiscesssse ske eject - ~ siren e fAs
scfss. 81 ssef dspsrfsssf. ersrissk szr
3ecsssens 0s fks sshfecs- TAaf &sparf-
menf. "a ws acre repsetesfls sass m9s So
sssAsAed 20 sus<wrfss sAe rsrioas nru-
cssissgs EksrstF 8 evnreEsncr e fAs
fisie frpa TAG Cssfsd Sfsfss - partioas
~ fke eatisc Samesa - estaisE1. Sad to
sfe fkat fke FsreirsnsRfS 81 ds4sreRs
Acfx 81 Congress arc fsily eensRlssS RITA
Srcexsarslg. eker<fore. e masf rasssSes
esd psxs sPos fis gasis<essseas Of fke
cpplicsat. sks acfs nc hss perfarMfs -
seerre fks tifE<. fAe asfsrs - sks LEAD
eaS rAefker if Is a tke class rRseh -
opsa 20 ssie- fts fsdrwszf spaa these
paftsrs - thes Of . spessai fTshaasl. Esd
- eH1sxssIsble except ~ dsrrcs precseas
sEgs for ia smakEzsAs Or lszaifasioR. SHeA
has been the nssfora faagssse OF fkss
conrf ~ repeated secsssoas-
And see Harkness e ~. -. Unsserhill
Il Black S16l johnson vs.. Towssey
Is Wall. So Shepley s.. Cews1 sal
e. ;. S40F: L. ;. vs. Seharx tfU2 L.
3 4O1 Ire vs.. Johnson lie T. = ISL
fAs c<tcsf asa gsslitD Of fkis POKER
Asrs bees as clearly recoSs-cd as its
ersstsHcs las Seea established T3s d.
ctsson 81 fAe Department xpss { 9sesfios
Of feet IS aRsf ssS ccnciassre zeos rae
cosrfx- rs SksPiey ageiasf Cores. So
pra- - FAsek 0ss PARTS sosFAt e pssis-
fGsn has esssrs ~ sAoscsae fks fsIsifg 81
fke proofs prsseassd N snppors Of fks
pFs-cmpts0H rigkf eAich fAe nspsrfmsat
hcd adfsdgcd an the others fsror. fAe
eosrf said. speaking Of fke scfios 81 sks
General Laad OFsee:
Tkere Is 40 cridcace Of sap frasf or
imposssioa prscficed HpoE tisn. or skaf
ffeT erred IN fks c8afrarfi0n Of eng iasc
applicable 30 fke case- n - esIg COW
feaded that tkey egTsi is f6fir defscfloas
r0Fs Of fAdf ksHd. trhsrs the parties m
teresfed had nsfsce Of the proceedings b..
fore the Land Department. and lccre per
Hsffsd 70 coAfexf fhe Same. as 81 "a.
prescHf case. fke c0arfs can furnish 40
remedy The officers Of the Land De
paTfmeRf Gre specially designated 81 f1sr
10 rrcesrs, consider and paSs sDoR proof
presented RITA respect to settlements xp-
On fAe pHbiic lands. ssfh rietc 70 secsrc
rights of pre-emption. n they err ~ the
construction Of the latc applicable 70 Gag
case. or II frasd IS prucficed spos fksns. |
or II theg fhenselrse are chGrgesbis rita |
fraudulent practices. their rulings NEE be /
retrieved and gBnslled By the courts lrksn /
a controversy arises beftresn pirate per
ties founded EBoH their DECISIONS. bet for /
mere errors of judgment upon fAf tcei1hf |
Of erideHce ~ q contested crse before 4
them. the only remedy Is By appeal from /
ono oweer to another Of the Department. /
gHd perksps. under special circumstances. i
to the President (91 T. s. 34Ol
The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-10-27

The clear establishment OF the jurisSiic-
ton of the Department. and of the sew
eral propositions above set forth. leads
TO the easy disposition of the second
point. The cases show that the pre-enp-
and payment. and his certificate of pur~
chase only a right 20 a patent for the
public lands in case the facts shall be
found by the General Land Office and the
Interior Department upon appeal to war
rant the issuance of IT, Whatever claim
TO patent he possesses by virtue of his
payment and certificate is dependent upon
the further action of the Department and
it's future finding of the existence of the
conditions. and his compliance in fact
with the requisites prescribed by law
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
Largest Ship Vet.

The new White Star line steamer
Celtic, the largest vessel ever built
was successfully launched at Belfast
last week in the presence of large
and representative gathering. The
Celtic's dimensions are as follows:
Length, 6sO9 feet; beam, rs feet;
depth Al feet; gross tonnage. 2O,ss0;
net tonnage, 1860. The Celtic will
have a displacement of $4,000 tons
and is not intended for speed, She is
d. signed as an emigrant carrier and
will omfortably carry 100 emigrants.
The Celtic has nine decks and
capacity for 1850 passengers. She
will carry a crew OF 335 men. Her
tonnage is $500 greater than the
Oceanic, and nearly double that of
the Kaiser Wilhelm der Crosse and
her displacement and tonnage are
10, 800 over that of the Great Eastern.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
COUNTY COURT.

| The case of Morissette VS.. G. P. E.
R. was continued last week. The
facts brought out showed that the
plaintiff, young man twenty three
| years of age, had worked for the c. p.
r. r. for several years as brakeman
and also on other work On A pril 3,
1900, while working as head brake
man he stepped from the train at
Lennoxville to ask some necessary
questions of the telegraph operator
and returning attempted to step on to
the moving train. while attempting
to swing him self up his body came ia
contact with a switch which hurled
him from the train and SO injured his
arm that he was obliged to have it
removed above the elbow. The wit
ness said that the men were in the
habit of climbing on to moving trains
and that he had never been told that
the switch was SO near the track as to
knock him from the car. Testified
that he did not know Of any other
switch as near the track as this one.
At the close of the evidence submitted
by the plaintiff the defence moved for
a verdict, giving the following rea-
sons: Presuming the evidence sub
nitted by the plaintiff to be true
there was no issue to go to the jury
but question of law for the court to
decide. The plaintiff assumed the
risk incident to his work and did not
use the proper care at the time he
was injured, as he knew the location
of the switch and should have avoided
it. Consequently his negligence con
tribEted to his in juries. After con-
sidering the matter the judge ordered
a verdict for the defendant. The suit
was to recover $40, 900 and will doubt
less go to the supreme court.
The case of John Stiles, collector of
taxes, VS.. Village of Newport and
trustees was then called. In this the
plaintiff claims that the village of
Newport is indebted to him as collect |
or of taxes for the sum of $500 for
taxes assessed against the town in the
town of Derby where the village of |
Newport owns pipe line by which |
the village is furnished with water. I
The defendant maintains that the pipe /
line is not taxable.
The result of this case will be of in
terest to the people of the village of
Barton inasrnuch as this village has a
similar case pending, brought by the
town of Charleston for the purpose of
taxing the electric light system.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08

her sister, Mrs. Julia Hall Clement.
Both are nicely situated and have no
desire to go back to the icebergs of
old Vermont. We have met many
others from Vermont that space will
not allow us to mention.
Of the company that came out with
us, o. w. Orcutt is nicely located at
South Pasadena and has gained eleven
pounds in flesh since he came four
months ago. Densmore is in the city
and has averaged to eat ten oranges a
day since he came. He will not be
weighed but would easily tip the
scales at two hundred. The last time
we saw him he was out at the beer
gardens shooting the schutes on a
seat with Mexican lady trying to
hold her from falling out of the boat,
much to the disgust of his wife who
stood on the bank below. Ruggles is
doing finely in San Francisco. He has
gained seven and one half pounds in
flesh and says he feels like boy.-All
have seemed to gain but your humble
servant, who has managed to wear off
two and one-half pounds from the
bones he brought here. We all go to
San Francisco the 10th to make a
short stay then we shall turn our faces
to the East, and if the cars keep on
the rail, hope to reach home the first
of May.
Respectfully,
III. T.. PILLSBURY.
Los angeles, Cal, Noe. .,3Oth, 1901.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
How to Solve 1t.

Let every good citizen, Bishop Hall
himself leader among them, unite
in determined effort to secure, as
can easily be done, the strict enforce
ment of the prohibitory law for a
period of two years. See what the
result is and what the people think
about it. If, after this experiment,
majority wish to overturn the prohib-
itory law and adopt high license, it
will then be time enough to discuss
the subject favorably. BraHJeboro
PhPnir.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
Up With the Times.

The Bradford Opinion has just in
stalled new wo-revolution Whitlock
newspaper press, and the paper will
be enlarged in May. Editor Parker
makes an excellent paper, is right up
with the times, and we are glad to see
him prosper.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
w. l.. JACOBS.
BUSINESS DIRECTORY.

DIR. E. Nj. NICHOLS, BARTON, VT.
SPECIAL ATTENTION GIVEN TO DIS
- eases of the Ear, Nose and Throat, end
Diseases of Children. ONCE Hours: Tues
days, Thursdays and Saturdays until 1l:Jos
and after $500 p, m.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
Aguinaldo's Good Example.

Now that Aguinaldo has taken the
oath of allegiance to the United States
lists who met in Boston recently should
be indaced 20 do the same and then
the Philippine insurrection might be
said to have ended
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
Thank You.

The ORLEANS County MONITOR has
an interesting supplement this week.
1t is printed upon wall paper and is a
facsimile of the Vicksburg, Miss, CIT
izen, published July 2, 1868. The
MONITOR is to be congratulated upon
it's enterprise.-Bradferd Opinion.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08

DARTON NATIONAL BANK. BUSINEse
ID Hours frc 8 a. M, to p. m. Every
accommodation extended to our customers
that is consistent with sound banking. AmoFy
Dawson Pres't; \. j. Hartman, OAshier.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08

DR.. f. II. HASTINGS,
DHYSlCIAN AND SURGEON, BART ON,
I VT. With DIR. Nichols.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
j. N. WEBSTER ,

JOSIAH A. PEARSON.
DENTIST, BARTON, VT. OFFICE IN
IL OWENS Block.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
ORLEANS COUNTY MONITOR.
PUBLISHED WEEKLY BY
W. l. JACOBS,
BARTON. VT.

Terms-wHEN PAID STRICTLY IN ADVANCE
1.5o Year.
Keep your subscriptions iE advance. Re-
NIT by Post Office Order, Registered Letter
or Draft.
WGtch the label on yoser paper to see Il
proper credits are made, ard Keep your sub
scrtptions in Advance.
In asking for a change of address, always
state where your paper is Tot1 sent.
Rates of Advertising made known on ap-
ication. All cuts must have metal body.
Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1901-04-08
State News Items.
Grand Army En- ncampments.


General orders have been issued by
Department Commander Urban A.
Woodbury. aud Assistant Adjutant
General Eli N. Peck giving the follow
ing important notice: The thirty
fifth national encampment, Grand
Army of the Republic, will be held in
Cleveland, Ohio, commencing Sep
tember 8, 1901. The thirty fourth en-
campment, department of Vermont,
G.. A. R., will be held in Burlington,
June 10 and 20, 1901. All necessary
information regarding hotel and rail-
road rates, order of business, etc.,
will be given in future orders.
New Seminary Principal
The trustees of Montpelier seminary
met Thursday afternoon and voted to
tender the principalship of the
seminary to Rev. w. R. Davenport,
of Ludlow, presiding elder of the
Montpelier district. Mr.. Davenport
has the matter under consideration
but has not yet given his answer.
The resignation of Rev. W. M. Newton,
the present principal, takes effect
July 1. He intends to go back to
pastoral duties, and his location it is
said will depend on the action Of the
next conference. Mr.. Newton has
received a call from Randolph.
Should Mr.. Davenport accept the
position he wall not be required to
teach, but will give his attention to
the general administration of affairs
and also the financial matters of the
school. He was formerly pastor of
the tHedding M. E. church, at Barre,
and is we'll known throughout the
state. He is man of push and enter,
prise and should make an excellent
principal.
At the annual meeting two new
trustees at least will be elected, to
take the plaees of L. Bart Gross of
Montpelier and w. E. Barney of Barre,
resigned.
Proctor Back from Cuba.
Senator Proctor, of Vermont, has
just returned from Cuba, where he
has been making observations con-
cerning conditions in the island. The
senator says he found a disposition
among many leading Cubans to accept
the terms of the Platt amen dment as
the most satisfactory solution Of the
relations between the United States
and Cuba.
There is disposition on the part
of some of the Cubans, he says, to
place a strained Interpretation upon
the Platt resolution, and they are try
ing to convince the Cubans that the
United States intends to do them
great injustice. According to Senator
Proctor these are not making very
much headway, especially, he says,
are now hearing from their constitu-
ents, the large proportion of whom
are anMions for settlement of all
political relations with the United
States, and urge she delegates to ac-
cept the offers of this government.
Senator Proctor speaking generally !
Of the conditions IN Cuba says that |
the business situation is much i'm
proved. American capital is now |
being invested and this has been |
marked during the past |
three months. Various enterprises |
are on foot there is employment for |
nearly everybody and the quiet and |
peace that has come to the people is |
appreciated by them.