The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-19
GOVERNOR EXPLAINS WHAT THE
ORGANIC ACT AMENDMENTS ARE

LdT1er-GOVefnOT DOie going part way
and Governor Carter a little further
This goes a little further still, in cor
sequence of suggestions by the attor-
neys.
Thirdly, this act provides that the
counties may be permitted to issue
bonds without necessarily having the
power Of taxation. Now, there is some
difference of opinion as to whether
the counties should have the power to
issue bonds They have it now under
the Organic Act, but only, according
to the decision of the Supreme Court,
provided they have the power of taxa
ton. This amendment leaves it open
to the Legislature. If it is deemed
best to permit the counties to issue
bonds without the power of taxation,
that can be done; at present 1t can
not be done without that power. That
being the case, it is not at all i'm
probable that the Legislature will give
the power of taxation, because there
is a widespread desire that counties
should be permitted to issue bonds
under appropriate limitations. And it
is simply a question of whether they
should have the power with the power
left discretionary with the Legislature
to say whether the time is not yet
quite ripe to give them the power OF
axStion-whether that should be post
poned with view to developing coun-
ty government only as fast as 1T seems
wise and not rushing it too fast.
The Land Laws.
Section amends Section 70, relating
to the land laws. This is the principal
provision in the act. The aim is to
carry out in the main the recommends
tions of the Land Commission. don It
think that / need go into the general
question of our land laws to any great
extent. This has been discussed over
and over again; it has been discussed
by me in public, and has been gone
into fully by the Land Commission
after public hearings. 1t was also one
of the prime issues of the last cam
paign. 1t is generally believed, |
think, by all political parties that some
change should be made; that the pres
ent laws are not working out satisfac-
torily at the present time, however
well adapted 30 the condition they
may have been when first enacted, or
however well adapted they may be in
part at the present time, as they I'M
doubtedly are.
There are two general parts to this
section. One is intended to remedy
the defects of the land laws for home
stealing purposes; the other is inserted
with a view to simplifying the admin
istration of the land laws and removing
certain uncertainties from the existing
land laws. The first sentence of this
section is of rather general nature.
It gives the Commissioner, with the APP
prevail of the Governor, power to sell
lands under the socalled homestead
agreement upon various terms and con-
ditions. 1t is general in its nature and
here lies the principal question under
this sentence: how far should we go
into particulars There must neces-
sarily-in order to make the land laws
effectual and adaptable to all the vary
ing conditions here-there must neees-
sarily be wide discretion, and I don't
know that many particular limitations
could be put in that would leave the
laws still effective for the purposes in
tended and yet not leave practically
great discretion in the Executive. 1t
seemed best to frame the sentence in
rather general terms and leave it to
the committees of Congress to say
whether they should be made more
particular. | left with the Delegate
draft of another sentence to be sub
mitted in case it should seem best to
go into greater particulars. Whether
those provisions are put in or not, the
result would be practically this, sub
ject to notifications within prescribed
limits, to suit varying circumstances.
Lands could be sold for homestead pur-
poses on somewhat the following con-
ditlons, which in the main have been
publicly discussed here and published
in the press: In general, require ten
years for obtaining patent, require five
years residence, require residence to
begin not later than the end of the
third year in the case of lands not pre-
viously under cultivation, require eul-
( tivation up to not more than 80 per
cent. of the frst-class lands, and not
less than 80 per cent. in the case of
lands previously under cultivation, per-
NIT no time to be considered as resi-
denee unless there has been continuous
residence for at least six months
Closely connected with this are certain
other limitations-for instance. that
lands may be taken up for homestead
purposes only by citizens or persons
who have taken out their first papers,
and, in the case of persons who have
taken out their first papers, that they
should actually become citizens before
they obtain the patent; also limiting
the area which anyone may obtain,
and preventing what is sometimes call
ed repeating that is, preventing
the same person from taking up home
stead after homestead merely for specu-
lative purposes. That is the gist of
the general provision.
incidentally, there is a special pro
vision permitting the sale to persons
who have already been residing on
land, generally under lease. and who
have made their homes there, to have
preference right of purchase at an
appraised value. This was put in es
peclally for the benefit of the Portu-
guese on the slopes of Punchbowl
. There they have been living for years
When the lease of the Kapiolani Estate
! expires, it seems only rignC mat these
, people should be given the first chance
to purchase their homes, of course witt