The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-09-28
LAND LAW OPINIONS
FROM THREE ISLANDS
Synopsis of Advisory Land Law Commission
Hearings on Islands of Hawaii, Maui
and Kauai.

HILO, Hawaii, September every
interesting were the proceedings at the
hearing held in Hilo on Thursday last
by the Advisory Land Law Commission
but the amount of interest manifested
by the public was not overwhelming
AS matter of fact, no more than half
dozen dropped in during the day, out
side of those who went to offer evi-
dence or suggestions. The Commission
ers themselves can not be accused of
over-enthusiasm, as less than half their
number attended the initial sitting.
In opening the proceedings, Chairman
Lewis remarked that Governor Frear
had set up this Commission to inquire
into the land laws of the Territory and
report to him as to what changes in
legislation are desirable. There might
also be matters of administration that
require adjusting, and the Commission
would also report upon that subject.
They would be glad to receive sugges-
tions from residents in different parts
of the Territory as to what amendments
in the law they considered necessary,
and these would have every eonsidera-
ton.
w. S. Wise Talks.
w. S. Wise, attorney-at-law, was the
first to tender a statement. He stated
that before coming to Hawaii he had
lived in California, and had had oppor-
tunities of observing the operation of
the Federal land laws and the admins
tration of the public domain in Nebras-
ka. His experience of land matters in
this Territory had been principally in
the town of Hilo, and there were some
matters here to which he wished to
draw attention. There is, he said, quite
a large lot of public land in the town
which many people in Hilo would be
glad to acquire; and he held that the
government has no right to hold lands
for speculative purposes. If the pub
lie lands here were cut up and sold, the
people would make more improvements.
There are about one and a half acres
nearly opposite Mooheau Park which
would be taken up for business pur-
poses if it were available Another lot
Of about three acres mauka of Front
street would also be taken up. AT
present the government derives no in |
come from these lands. As far as he
knew, there was no. reason why these
lands should not be sold, and there was
every reason why they should be.
Judge Iyfiian's Views. -
Judge Lyman, who next took the
stand; claimed some right to speak, from
the fact that he has lived all his life !,
n the Territory and was member of
he Legislature that passed the exist |,
Rg land laws. He expressed his con-
viction that there was more in admin
stration than in laws themselves. Be
fore passing the statute, the Legisla-
5ure had before it the land laws of New
Zealand and Australia, and those that
we're considered the best were adopted.
Mr.. Smith; What is your criticism
IF the law, after seeing its operation
Iva VI AAbtNA y
Mr., Lyman: The law, l think, is
and according to its spirit and
intention; but it has been administer
I'd arbitrarily.
The Chairman: In what way has the
failed2 &
Mr.. Lyman: The land is taken up
mostly by people of very little means,
and the result is that they can not
make a living on it, and have to seek
elsewhere, and so they can
lot live continuously on their lots. The
authorities have insisted that settlers
should live continuously upon their lots
in some eases holding that they must
sleep on them 365 days in the year.
consider it impossible for people to
comply strictly with such regulations.
Eighty per cent. of those who had
taken up land under these conditions
we're unable to comply with the resi-
lence clause. A report was made three;
or four years ago by the Board of
Trade of Hilo regarding holdings under
ease and of people being unable to get
their titles. I believe the report was
sent to the Governor and was printed.
The Chairman: How would you in
terpret the residence clause9
Mr.. Lyman: / would make liberal
allowing settlers to i'm
prove their lands while following their
occupations.
A Practical Mans Opinions.
E. Macaulton stated that in 1895 he
took up thirteen acres of government
land, got his title to it in 1897, and
sold it in 1899. He was specially inter /
ested in the lease with right of pur-
case. He objected to the law that
makes it obligatory upon the settler to !
maintain his home on the land contin- |
uously after the termination of one |
year. He should not be compelled to |
live on it continuously until the eXpiry /
of FIVE years. These were the condi !
lions in the new lease introduced by
Governor Frear, and he quite approved
of them. That was the only way IN
which a poor man could get settled on
the land Instead of residence clause
during the first five years, there should
be an Improvement or cultivation
clause, so that there would be evidence
of bona fide intention to live on the
land
L.,