The Pacific commercial advertiser., 1908-12-22

From the preliminary draft sent by
| Governor Frear from San Francisco,
and from the information received
from Washington from the Governor,
under date of December s, Acting Gov
ernor M6tt-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 8 de-
cision is final.
The amendments as Governor Frear
L Il IL
in phraseology, and, it is believed, a
good deal in ''principle,' - as the Dem
ocratic platform insisted, or 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 73 of said act (the Or
ganie Act) is hereby amended by add
ing thereto the following: SIN addi-
tion TO the other methods of disposing
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-
tion, in lots of such area, not exceeding !
one hundred and sixty acres, as may be
deemed requisite for the support of a
family, and upon such terms of pay
ment, residence, cultivation and other
terms as may be deemed appropriate
for the promotion of bona fde home
steading on the lands in question, and
may deliver possession under an agree
ment 10 be called a homestead agree
ment, compliance with the terms of
which and Of the laws applicable there
to shall entitle the purchaser to a
patent. The Commissioner may also,
with such approval, give preference
right to purchase, at price determined
by the disinterested appraisers appoint
ed by HIM, any parcel of public land
that has actually been resided on and
improved or so much thereof together
with such adjoining land as may rea
,onably be required for home, to any
person who alone or in conjunction with
his predecessors in interest has for not
less than five years Immediately pre-
ceding the date of sale so actually re-
sided on and improved the same No
person shall be entitled to receive any
certificate of occupation, right of pur-
chase lease, or special or freehold or
homestead agreement, who or whose
husband or wife is then the owner of an
amount OF land which with the land in
question viii exceed one hundred and
sixty acres or has OF shall have taken or
leld any land under any such certif-
,ate, lease or agreement after January
|, 1909, or who is an alien, unless he
las declared his intention to become
! citizen of the United States as pro-
-ided by law, nor shall any person pre-
'iously an alien become entitled to a 3
homestead lease or to patent upon a ;
ale OF any kind unless he is a citizen, ,
Tor shall any person who shall hereafter $
lave so declared his intention be en- !
tiled to hold under any such certificate, |
ease or agreement unless he shall have /
.ecome citizen within five years /
hereafter. No such certificate, lease {
r agreement OF rights Hereunder nor f
he land covered thereby or any part Il
hereof or interest therein shall, before 7
he patent therefor becomes issuable, /
e conveyed, assigned, mortgaged, leas- g
d or otherwise transferred or disposed {
f without the written consent of the a
and noncompliance with L
he terms Of any such certificate, lease :
r agreement or of the law applicable t
hereto shall entitle the Commissioner, v
18th the approval of the Governor, ]
18th or without legal process, notice, L
emand or previous entry, to retake t
ossession anu thereby determine the /
state; provided that the times limited =
or compliance with any such terms a
Iay he extended nv the Commissioner. | +