The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-09-29

system Is IN present vogue.
Mr.. Pratt stated that this system has
Been in vogue for some time, and the
| surveys show this, and he instanced
Puupukea, this island, as a perfect ex-
| ample. 1t was ascertained, however,
that these surveys are of more recent
dates, during the last four years, but
| back of that the lands are not listed
according to the suggestion of the chair
| man. Mr.. Pratt agreed that there
should be an appropriation for complete
| surveys to show the natural and final
| boundaries. This should begin as soon
| as possible, for many of the old Ha-
waiians who know the natural bound
aries are dying off fast. Mr.. Pratt
also agreed that in some former time
the classification of lands was wrongly
made, no distinction being made be-
| tween pastoral and agricultural lands.
Then referring to homesteads and
Governor Frear's proposed agreement,
the discussion became lengthy, and Mr..
Pratt referred to the morning speakers.
| He said. in relation to Mr. w. 0.
Smiths argument, it got down simply
| to whether the land was to be handed
over, or the title thereof, for cOnsid
Grafton, or whether the land should be
homesteaded. Mr.. Smith, he said,
thought the residence condition should
be modified very much and the quail
| fcation to title be substitutive, but
that was not homesteading
The residence condition required I'M
| der any law is important, and the
| length of time, if long, rather than
short, gives no chance for the specula-
tor. No man is going to hire man to
take up land for him if it is going to
take ten years to prove up. If a man
actually wants a home on the land, the
length of time doesn't make any diff
ference to him. If it is for specula-
tive purposes, of course, he wants to
prove up in a short time.
Mr. Smith also stated that a man
might be forced off on account of i'll
health, and in case he had long
period to prove up, he would lose. The
law allows a man time off for absence
caused by ilI-health, services in the
army or navy, or through process of
court. When he is away his residence
goes on Just the same. The United
States and Canadian land laws allow
a man, if absent through ill-health, etc,
to make it up later on. There might
be drought, such as occasionally we
have here, and man can not get his
percentage of cultivation, and, in such
a case, with the approval of the gov
eminent, time can be extended and a
note made of it, so that in future the
documents will explain themselves.
Residence by proxy is a dangerous
thing. That was tried on Hawaii and
Maui in 1882, and was a source of
much trouble -
The chair asked if more people would |
not apply for homesteads if the agree
ment gave them an opportunity to work |
at their trades meanwhile. The chair |
stated that under the present system |
of bank loans here a homesteader, if |
compelled to stay on his lands all the |
time, would have little opportunity for
deriving means to keep up his place.
The chair asked if, under these condi-
lions, would the homesteader not face
a. difficulty. Mr. Cooke stated it would |
be impossible to get mortgages on
lands. The chair also asked |
that, suppose a man fell down on his
agreement after having mortgaged his
homestead and had not yet proved up,
how the mortgage could prove up It
was generally agreed that there would
be some difficulty
Mr.. Pratt considered that the Frearl
ten-year agreement was getting very
close to the Hawaiian land act as it
should be. The Reclamation Act was
the mother of the local act. Mr.. Pratt
said the whole object of the Reclama-
ion Act was to keep off the speculator.
The commissioner said he would cut out
he right-Of purchase lease proposition.
he believed that the Governor should
De put in position that the Secretary
IF the Interior is in with reference to
leciding finally upon land matters. Mr..
Pratt was asked whether he thought it
vas well that differences between home
leaders and the land department should
,e taken before Circuit Judges in cham
,ers. IF there were any differences the
should make the charges and
efer them to tn Commissioner who in
urn would refer them to the Governor
Who wouId be the arbiter between set |
Ter and commissioners. AS to the OBJ
ection that in ease Of h6mesteaders on
Hawaii the distance to Honolulu would
De greater than to Hilo where one may
low 90 before Judge, this constituting
/ hardship, it was thought that the
distance under some circumstances Is
'eally no greater nor as expensive. 1t
vas even thought the Governor would
handle the matters by common sense
md lean toward the homesteader,
whereas a judge must review the diff
guilty from the standpoint of the exact
aw.
If the Governor were given powers
lnder rules and regulations, then the
auction clause could be eliminated as a
direct instruction, but with rules and
raou1ations the Governor could direct
an auction if this was deemed advis-
able.
AS to areas for demonstrating Mr..
Pratt suggested forty to fifty acres for
cane land and thirty to thirtyfve acres
for pineapples AS to Homestead Set
Element Associations he thought they
should be cut out altogether. The for
nation of associations gives a chance
for outside graft to creep in.
At the morning session among the |
principal speakers was w. o. Smith.
He opposed the new feature in Gov
ernor Frear's special homestead agree |