The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-12-22
EXTENDING ]. S.
LAND LAWS HERE


Governor Frear from San Francisco,
and from the information. received
from Washington from the Governor,
under date of December 8, Acting Gov
ernor Mott-Smith has drawn up the
following as the probable form of Gov.
ernor Frear's proposed amendment to
the Organic Act changing the public
land laws. The Governor wrote that
other changes might be made, but that
they were principally changes Of
phraseology not affecting the substance
of the amendment. The changes the
Governor proposes arrange themselves
under three principal heads. All the
sections in the present law relating to
forfeiture are stricken out and new
provisions on that subject are pro-
vided. Settlement associations are
abolished. The issuance of patents
follows the procedure in the United
States public land laws, the appeal be-
ing from the subagents to the Land
Commissioner, and from the Land Com
missioner to the Governor instead Of
to the courts, and the Governor g de-
cision is final.
The amendments as Governor Frear
has framed them borrow considerable
| in phraseology, and, it is believed, a
good deal in "principle,' as the Dem
ocratic platform insisted, OF the
"spirit,'' as the Republican platform
phrased it, from the United States
homestead laws.
The following is the amendment as
Mr.. Mott-Smith thinks it probably is:
That section 70 of said act (the Or
ganic Aet) is hereby amended by add
ing thereto the following: "In add
ton to the other methods of disposinl
of public lands under the land laws OF
Hawaii as amended by this act, the
Commissioner, with the approval of the
Governor, and after public notice, may
sell such lands, by drawing or by auc
ton, in lots of such area, not exceeding
one hundred and sixty acres as may be
deemed requisite for the support of
family, and upon such terms of pay
ment, residence, cultivation and othe
terms as may be deemed appropriate
for the promotion of bona fide home
stealing on the lands in question, ant
may deliver possession under an agree
ment to be called homestead agree
ment, compliance with the terms o
which and of the laws applicable there
to shall entitle the purchaser to {
patent. The Commissioner may also
l with such approval, give preference
right to purchase, at a price determine
by the disinterested appraisers appoint
ed by him, any parcel of public Ian
, that has actually been resided on an
: improved or so much thereof togethe
with such adjoining land as may rea
sonably be required for home, to an.
! person who alone or in conjunction wit
\ his predecessors in interest has for no
a less than five years Immediately pre-
. ceding the date of sale so actually re
sided on and improved the same. N
person shall be entitled to receive an
t certificate of occupation, right of pul
! chase lease, or special or freehold G
a homestead agreement, who or who's
d husband or wife is then the owner Of a
G amount of land which with the land j
. question will exceed one. hundred an
sixty acres or has or shall have taken Q
held any land under any such certii
II cate, lease or agreement after Januar
f !, 1909, or who is an alien, unless h
i has declared his intention to becom
a citizen Of the United States as pr,
d vided by law, nor shall any person pr
k viously an alien become entitled to
y homestead lease or to patent upon
- sale of any kind unless he is a citize
10 nor shall any person who shall hereaft,
t. have SO declared his intention be el
y titled to hold under any such certifcat
a | icdot VI uRiCCmCut uhicoo ho ohaii hu
h, become a citizen within FIVE yea
40 thereafter. No such certificate, lea
q or agreement or rights hereunder n
m the land covered thereby or any pa
iii thereof or interest therein shall, befo
70, the patent therefor becomes issuab
~ be conveyed, assigned, mortgaged, les
"a ed or otherwise transferred or dispos
e. of without the written consent Of t
ur Commissioner; and noncompliance wi
a. the terms of any such certificate, lea
at or agreement or of the law applicat
tn thereto shall entitle the Commission,
RS with the approval of the Goyern'
~ with or without legal process, motto
Mt demand or previous entry, to reta
lis possession and thereby determine t
he estate; provided that the times limit
"a. for compliance with any such ter
or may be extended by the Commission