The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-11-12
ADVISORY LAND
LAW Commission
Continued from Page one.)


were held on the Islands of Oahu, Ha-
wall, Maui ana Kauai. The attendance
at these meetings was small. Except
in the instances of four or five COM
munications and a like number OF
persons appearing at the public hear
ings, very few constructive criticisms
or feasible remedies for suggested
evils were received. Discussions were
almost always predicated on specific
local conditions and were not made
on a basis upon which laws of general
application could be framed.
LAND LAWS CONSISTENT WITH
LOCAL CONDITIONS.
The topography of the Hawaiian
Islands illustrates that each of the
principal islands has a main ridge
running practically across its center.
The land inclines from the center al
most to the waters edge. The sur
face is cut by a multitude of ravines
or gulches. The result is compare
lively few level stretches, and the
lands lying on the incline are also cut
by gulches and ravines. The highest
elevation on the several islands is as
follows: Hawaii, 1895 feet; Maui,
1902 feet; Kauai $3.50 feet; Molokal'
495S feet; and Oahu, 403O feet. The
large grants or divisions of land as
rule stretch from the mountains to
or toward the sea with their length
out of all proportion to their breadth.
The government lands do not lie in
one body but are separated by private
holdings. The soil is of volcanic ORR
gin and varied in character. The to-
tai area of government lands is ap-
proximately 1876, 7G5.07 acres, large
area of which consists of lava fields
and rocks unsuitable for agricultural
purposes or even pastoral purposes.
While certain comparatively large
areas may be classified as pasture
lands, the area of first-class agricul-
tural land is small in comparison,
Primarily the situation of the land
demonstrates first, that the land laws
of the United States founded on the
Jeffersonian system of survey, are in
; applicable; second, that the varied
character of the land and the differ
ent climatic conditions affecting diff
ferent localities, require an elastic sys-
tenn of laws, as no strict and precise
rule can be laid down which will be
applicable to all; and, third, that the
area of good first-class land is com
paratively small, and therefore, in Of
fering land FOR homestead purposes
the quantity for each individual should
not be large, determined by it's char
acter, productivity and situs.
HOMESTEADS.
In order that the public domain
may be peopled with persons who de-
sire to become actual settlers on the
land, the Commission believes that
the law should be so framed and adj
ministered as to provide liberal terms
and give sympathetic treatment to the
bona fide settler and at the same time
protect the government by proper IL
mutations from abuses against govern
mental liberality. In other words, the
laws should test and enforce the bona
J fides sof the settler. Too much stress
cannot be laid upon the point thai
once the government is satisfied as to
bona fide intent of a settler, a sympa-
thetic and liberal administration of the
law should be accorded him. Every
assistance should be rendered to enable
him to fulfill the conditions of his
agreement and no stumbling blocks OF
trivial tecnnicalities or forced con
structions should be INDUCED in t
discourage him. To accomplish this
result, the Commission recommend
very low price and liberal terms o
payment, in consideration of which
the settler should agree to properl!
cultivate and reside upon the land
The patent or title should be withheld
for a sufficient length of time to ties
the bona fides of the settler and pre-
vent speculation.
The methods now provided by Law
which are adaptable for Homestead
= purposes are first, 999 Year Lease, sec
ond, Cash Freehold, third, Right o
Purchase Lease, fourth, Settlemen
Associations.
999 YEAR LEASE.
This provision of the law is essen
TALLY adaptable for the occupation o
land by Hawaiians, providing ther
with homes. 1t serves an excellen
purpose and the Commission suggest
no amendment at this time AS tn
limitation of the area provided for b
the law is small, and as the practic
has been to keep well within the Ii
imitation, we believe that the condi
tions as to cultivation and the tim
within which occupation should begi
should be liberal so that there ma
be no failure in the requirement
named
CASH FREEHOLD AND RIGHT o
PURCHASE LEASE.
ed Large initial payment or heavy bul
he dens as to other payments, lax prov