The Pacific commercial advertiser., 1908-11-11
CONM|SS|ONON ON
LAND LAWS
REPORTS
Favor Liberal Terms to
!, the HomeSteaderS
; Cane Lands.

The Advisory Land Law Commission
appointed by Governor Frear July %
1908, yesterday, through Chairman A
Lewis Jr., presented its report TO the
Governor. In fact three reports were
presented. The majority report was
signed by A. Lewis Jr., chairman; w
b. Thomas, S. NJ. Kanakanui and j. p
Cooke. A. w. Carter presented what
might he called a concurring report
though taking slightly different view as
to some matters. A third report was
presented by Carl S. Smith. Mr.. Smith
differs quite markedly from his con
freres on many points. w. A. Kinney
who has been out of the Territory dur
lng most of the time since the Com
mission was appointed, and has not had
opportunity to take part in any of the
discussions has not Joined in any OF
the reports.
4FIn all, the Commission received six
fy-three communications in response to
its request for suggestions, said Chair
man Lewis. ''This includes all COM
municatiOns The most of these were
Sanere disavowals of desire or qualifca'
tion to make suggestions. Some were
mere complaints of administration IN
particular instances. Some were peti.
tions addressed to us under a total mis-
apprehension of our functions. Only
FIVE or six really contained construc-
tive criticism.
Gone difficulty the Commission has
experienced has been to secure oppor-
Eunity for careful discussion among the
members themselves. There has never
been a meeting at which all were pres,
ent. What discussion there has been
has been mainly between two or three
at a time. The time within which we
were obliged to report was very limited
We have not reported any radical
changes in the present law. We think
we have reported some that are OF
value The majority report after brief
ly reciting the appointment OF the Com
mission and the conditions under which
lts work was done, outlines the general
characteristics of Hawaiian topography,
the comparatively small area OF hrst'
class agricultural land and concludes
that the land laws of the United States
are inapplicable, that an elastic system
is required to meet the varying eondl-
tions, and that the area of homesteads
should not be large. In order to get
actual settlers on the public domain
the law should be so framed and ad'
ministered as to provide liberal terms
and svmpathetie treatment to the bona
fide settler. There should be low
priee and liberal terms of payment but
IL Sbn no held
n sufficient length of time to test the
bona fides of the settler.
As to present methods the Com
mission recommends the retention or
the 999-year leasehold as subscribing
useflII purpose. The cash freehold and
right of purchase lease system by re-
curing large initial payments, lax pro-
4 Visions as TO cultivation and early at
Gainment of patent, have led to many
abuses, and while they should be retain
ed should be greatly amended. Ihe
Settlement Association plan should be
repealed.
1.-THE Commission believes that with
the exception of a few amendments the
great land law problems of the Terri
tory are ones of administration rather
than of much needed legislation.
The Commission recommends home
stead agreement. Lands should be dis
posed of by lot of drawings, giving all
applicants an equal chance. The area
should be the amount reasonably re-
ouired to support a family. The price
sbouId not be less than ten per cent. !
nor more than twenty-five per cent. of
the appraised value. The amount OF
cultivation required should not be less
than half the area of the arabic land. !
Title should not be given before ten
wears. and at least five years residence
should be required, nothing less than
six months at time to count.
The Commission recommends an |
annronriation of at least $4,000 for
comnle+e survey and classification of
the publie lands of the Territory and
the setting aside of receipts from pub
lie lands for the creation OF roads.
The Commission proposes the estap-
lishment of a government commission
agency in Honolulu for the purpose OF
handling Island-grown products.
The Commission does not wholly
agree with Mr.. Newell as to cane land
being too valuable for homestead pur-
noses. and while believing that the
development of undeveloped lands
should be a major purpose IN the
homestead system, believes that
Glands already highly developed, such
as land at present under cultivation
'for sugar cane. should be gradually
opened for settlement.
In conclusion the Commission does