The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-11-12

States Land Laws which provision has
been so severely condemned In the
Second Partial Report of the Public
Lands Commission appointed October
%, 1908. The Commission therefore
recommends that the method of sale
under Right of Purchase Lease and
Cash Freehold be utilized to only
very limited extent and then only I'M
der conditions where it's provisions
cannot be abused. Yet the Commits
sion does not favor the repeal of these
two methods as there may be instances
when they may be properly avatled OF.
SETTLEMENT ASSOCIATION.
This method is a modification of the
Right of Purchase Lease and Cash
Freehold The commission recon-
mends the repeal of the provisions re-
lative to Settlement Associations in
consequence of abuses which have re-
suited from the disposition of land UNI
der this method. The cases. of abuse
have been so apparent, the evils so
pronounced and the desirability Of a
change so necessary, that the Com
mission has deemed it advisable that
the method be dispensed with. Any
possible benefits, however, which
might have resulted from such me-
thod can be provided for by other me-
thods without the risk of abuses at
tendant upon the Settlement Associa>
ton method. In one instance only
of which the Commission is advised,
that of the Wahiawa Settlement have
these provisions resulted in proper
settlement of the land.
ADMINISTRATION AND NEW LEG
ISLATION.
The Commission deems it inadvisa-
BILE to reframe entirely the present
land act, yet certain main principles
should be added, while certain sections
should be amended, and certain other
! sections redrafted as to details. AS
whole with certain amendments the
Commission believes that the present
land laws with proper and judicious
administration are reasonably ade-
quate to meet the needs of our local
conditions. NO system of land laws
can be practically framed which will
provide in exact language the terms
and conditions to be followed in each
individual instance. With conditions
such as exist in this Territory requir-
ing an elastic system of laws, the sue
cessful application thereof will depend
very largely upon the sane, sympa-
| iyO
reasonable administration of such
laws. The Commission believes that
with the exception of few amend
ments, the great land law problems OF
this Territory are ones of administra-
ton rather than of much needed leg
islation. Provided there had been OPP
portunity for further conference and
study other recommendations might
have been made as to certain details
1 The following recommendations only
as to legislation are made at this time
HOMESTEAD AGREEMENT.
The law as it stands at present may
be said to render effective most of the
provisions of the method for disposing
of land for Homestead purposes, which
the Commission recommends, yet moi
all of them. The method recommend
ed is that of a Homestead Agreement
This agreement involves the follow
ling. principles, and amendments should
be made to carry them into effect
These amendments should form a Sc
parate subdivision and be added t
the Act.
"a METHOD OF SALE.
Sale by lot should be permitted il
case of more than one application
This method places all on an equa
plane; and the man of small means
stands an equal chance with any 9th
er. 1t is the method recently adopted
in disposing of some OF the lands il
the western part of the mainland o
the United States. The sale by auc
, ton has its advantages, and SHOULD
! be preserved. The particular methot
J of sale for any tract of land offeret
may be determined by the Governor
After drawing to determine the sue
, cessful applicants has been held or al
auction sale has been conducted, tn
| Governor should be empowered to is
[ sue rules and regulations as to tn
manner of disposing of lots not takel
by the applicants at the drawings o
: left unsold at the auction sale withou
| the necessity of holding another draw
: ing or sale.
( (2) AREA OF LAND.
This question has been much dis
cussed. The acreage OF desirable Ian
in the Territory being oomparativel
: small, the desirability for an increas
( of population by immigration bein
4 considered and the principle of tn
t land law system being that the sci
S tier is to occupy and farm the Ian
e himself, the area offered to each ar
y plicant should be small. The Con
e mission believes it unwise to lay dow
= any hard and fast rule as to definit
= areas. Such area will depend upo
e the situation and character of tn