The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1906-07-31
LAND LAW
UNSATISFACTORY
CIRCUIT JUDGE THINKS AMERI-
CAN SYSTEM OUGHT TO BE
ADOPTED.

ADOPTED.
Senator Perkins has turned over to
the Interior Department a letter from
Circuit Judge Robinson i'm which the
latter advises the application of Ame-
rian land laws to Hawaii, with provi-
sions reducing the area each settler
may have. The Judge declares that in
his opinion this is the only practicable
manner i'm which the Territory can be
Americanized. After discussing efforts
to settle the lands of the Territory, the
judge says:
These local land laws give the Com
missioner of Public Lands of the Ter
ritory of Hawaii arbitrary power, with
the consent or permission of the Gov
ernor, to sell or lease such parts or
portions of the public lands as he may
think fit, and at such price or prices
or upon such terms and conditions as
the arbitrary exercise of such arbitrary
power may dictate. These sales, if
sales are made, are at public auction,
but at not less than an arbitrary
upset" price previously fixed by the
Commissioner.
The practical construction and APP
plication of this elastic law are often
times truly marvellous. For instance,
If sugar plantation is DESTROYS of ac-
quiring title to a piece of public land,
conveniently situated in reference to
its mill, it petitions to the Commissioner
for leave to purchase the same and
offers $1,000 per acre for the land de-
sired, which amount is promptly fixed
by the Commissioner as the upset"
price per acre 1t may be that the
upset price per acre is the actual value
of the land to the plantation, but the
actual value of the land may not be
more than $50 per acre on the open
market to an actual bona fide settler.
CURIOUS EFFECT.
A curious instance of the manner in
which this arbitrary power vested in
the Commissioner is sometimes exer-
cised by him may be gathered from
an item which recently appeared in
one of the local papers. 1t seems that
hui, or company, had been formed
by nineteen citizens, with a view to
the purchase of nineteen hundred
acres Of public land on the island of
Hawaii. The members of this hui pc
titioned the Commissioner for leave to
purchase the land desired in lots of one
hundred acres by each member, and
offered what they considered to be the
actual value of each lot of one hundred
, acres desired by each intending pur-
CHASER, but the Commissioner, accord
ing to the newspaper, denied the
prayer of the petition, not, apparently,
on the ground that the amount offer
ed was insufficient but upon the
ground that the land desired was
suitable for the cultivation of sugar
cane and that a better price could be
obtained from some plantation which
desired the land as a whole.
No government, to my knowledge
has yet become prosperous by retain
/ ing large tracts of reproductive land
though arabic and intrinsically valu-
able waiting for an increase in the
| price of real estate. AS far as the de-
velopment and enrichment of the po-
| litical entity is concerned, it would be
far better to sell the land at the low
est price obtainable, or even give il
away, to an actual bona fide settler
who proposes for himself and family
to become an integral part of that po-
litical entity
1t will, perhaps, be necessary ia
modify the general land laws in theil
application to the Territory of Hawaii
1 because of the comparatively small
area of arabic land in this Territory
subject to presumption and homestead;
but the number of acres subject tC
presumption and homestead by one
climant could, I believe, be limited
to one-eighth, and even to one-six-
teenth, of a section, without other.
wise changing the terms of the law
and I feel confident that the allot.
ments of even the smallest size indi.
Gated would find ready claimants.
1 have at hand no means of ascer.
tanning the area of public land in thi.
Territory subject to presumption ant
homestead under the general lane
laws, if extended to include Hawaii
but imagine that the Interior De.
partment at Washington could furnish
this information.
Trusting that upon consideration the
suggestion I have made may meet
with your approval and that you will
render your assistance in aid of what
honestly believe to be the most
natural and logical means to employ
in the development of this Territory
along American lines, am, very sin.
cerely yours,
(Signed) w. ]. ROBINSON.