The Hawaiian gazette., 1907-04-30

The proceed ngs for this claim were
fret instituted In the Circuit Court,
First judicial Circuit. IN 1904. Later
on the plaintiff Instituted proceedings
before the bench OF the Supreme Court
OF Hawaii. wherein the defendant. the
Territory OF Hawaii. demurrcd on the
ground that the contract and covenant
upon which the cause of action was
based had not been executed by an Of
fetal OF the Territory of Hawaii having
the power and authority to execute
same. and the decision rendered sus-
tanned the demurrer upon the ground
above named. namely, that there was
no law OF Hawaii authorizing the Gov
ernor to make the covenant to remove
buildings and fences uTth Haw., page
800.
Under the circumstances, your COM
mittee feel justified In recommending
that the Senate concur in the insertion
of this item by the House.
AS to the second item-claim of X.
Maka, $250O--your committee find that
certain portion of Mr.. Maka's land
has been taken by the Government for
street widening purposes, total of six
hundred and fifty-nine' (659) square
feet. leaving a balance OF nineteen hun
bred and eighty U9S0) square feet in
his possession. We find by reference
to the tax books that the balance in his
possession is taxed at one thousand
dollars $4,000 valuation this is at
rate of less than seventy-five cents
(75c.) per square foot for the land adj
joining tho portion taken by the Gov
eminent and being part of the same
lot. AT the rate of one dollar (sD per
square foot, the amount due Mr.. Maka
for 659 square feet would be $685. and
as the taxation value is somewhat less
than that figure. your committee feel
that in recommending the passage OF
the item at 1853, that full and ample
compensation is being given to Mr..
Maka.
Your committee therefore recommend
that the item at the figures s250O be
stricken from the bill and the figures
$3.50 inserted in Ecu thereof.
As to the third item, claim of An
tone S. Costa, your committee recon-
mend the adoption of this House
amendment. The Superintendent of
Public Lands In explanation informs
your committee that Lot. No. Al. dis
posed of to this claimant, upon proper
survey being made, was found to lack
certain area which the claimant fall
ed to get in his patent. and your COM
mittee recommends the payment Of
this amount to Mr.. Costa.
The next is from the Judiciary com
mittee recommending the appointment
of commission to inquire into the
land laws of the Territory and their
administration
Your Judiciary committee to which |
was referred Senate Joint Resolution
No. 2, in re appointment If land
Commission for the purpose IF incor-
in the resolution the recon-
made by it in their SUI
Elementary report, recommend the fol-
lowing amendment in order to comply
with the object of the supplementary
report.
After the word revised" and before
the word said insert the following:
land in its elaboration shall con-
slider House Bill No. 66 introduced by
John Hughes at this
session of the Legislature and report
on its features and general adaptable
ity and recommending changes which
may to said Commission seem advis-
able and with this amendment we
recommend that the resolution be
adopted.
The next refers to the Pinkham bills
for franchise:
Your Public Land committee, to
whom We're referred Senate Bills Nos.
50 and 81. one being "An Act relating
to the encouragement and building Of
public railroads on the Islands of Ha-
wall and Kauai Territory of Hawaii"
and the second being "An Act revising
the general railway law of the Terri
tory of Hawaii" beg leave to report
that they have had the same under
careful consideration, but find that the
subject therein treated is of such vast
Importance and great concern to the
welfare of the Territory that the time
at the disposal of your committee Is
not of sufficient length to justify the
committee in reporting one way or
another on the said bills.
We believe that before these bills
become law, the general subject treat
ed therein should have fuller consid-
grafton and discussion by the public
than 1t Is possible at this time to give.
We believe ii advisable before making
such radical changes that a commits
sion might well be appointed to thor
roughly look into these matters and
report at the next session of the Leg
stature.
Your committee, however. feel justi-
lied in returning these bills to the
Senate for their action thereon.
Sheriff Keolanui, of the County of
Hawaii, is one of those who is said
to have suffered through an unfair
ruling of the land agent at Hilo and
he has come to the Legislature for
relief. He fails here:
This same subject has been introduce
ID in the House of Representatives
md the committees of that body, who
nave had the matter under full con-
have communications from
he Department of Public Lands on the
subject and have recommended that
he matter be left In allegiance until
he final decision is given in a case
low pending before the Supreme Court
IF the Territory of Hawaii, which de-
,ision will establish precedent that
will decide, not only the one case. but
Will decide these other cases referred
n yaur committed and ua fharafora |