The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1904-09-30
LANDHOLOERS
MUST LET co

The question which remains Us iu the
case of mistake. inadvertancc or mlsin-
formation on the part of the tenant.
can the Commissioner of Public Lands
extend the time within which be- can
mlnl the conditions OF said lease. and
give him further time within which Go
comply with the law In this particular?
Section "a of said Act has been called
TO NV attention. The section Is as fol-
lows. AT any time after the third year
Of the said term, the lessee shall be en-
titled to a land patent from the gov
eminent conveying him In fee simple
the land described In his lease upon his
paying TO the government the apprais-
ed value Of the premises as set forth
in such lease, II he has reduced 10 cul-
tivatlon twenty-five 2er cent Of said
premises and has resided thereon not
less than two wears and has substan-
TALLY performed all other conditions Of
his lease"
A careful examination Of the situation
reveals that this section does not af-
ford the relief claimed. while IL allows
the tenant or applicant to receive his
NY az aANAAA az ulA HAl - NhAAN NV AAAhA
he has performed certain conditions
and thereby put a premium upon the
settler being energetic and active and
cultivating the property yet careful
inspection OF the conditions Of occu-
pancy shows that il the applicant has
failed TO comply with them, there Is no
redress
The subdivision Of section 81 before
quoted, that the lessee shall from the
end OF the first year" is mandatory. II
he does not do so he forfeits his lease
and there is no provision Of law that
/ have been able to find that allows a
public officer to take upon himself IN,
burden or changing the conditions Of a
lease where the same are laid down IN
emphatic and absolute language.
J The idea Of the legislature in Great
ing these leases was clearly 20 encour
age settlement and residence upOr
lands Of the government II was not
for the purpose Of allowing persons L
obtain farming lands at easy rates. but
for the purpose Of creating small farm
homesteads where the parties would
engage in farming and agricultural pur
suits and increase in number the thrifty
citizens Of the Territory.
The conditions in the Right of Pur
/ chase leases are clearly printed ~
every lease. Persons desiring publ,
lands and not desiring TO live thereon
can obtain the same upon other con
ditions by bidding at public auction ir
an open market. II a settler prefers
to take one Of these leases. he mus
expect o live up to the terms OF same
as laid down in his lease, and any mar
/ who can read and write. can under.
stand the conditions therein set forth
While the claim that settlers were
misled by sub-land agents as to IN,
conditions it was necessary to perform
Is a plausible one, the settler. as a rule
Is of sufficient intelligence to know thai
I the consent Of an officer that he car
break the law, is rot going to protect
{ him from the consequences. | have II,
doubt in some cases through a belief
that the agent was not misleading then
settlers neglected to comply with tn,
conditionse as set forth In their leases
yet l see no way in which the Commits
sioner can interfere in the matter.
Yours respectfully,
( (Signed) LORRIN ANDREWS.
Attorney General.