The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-01-22

in somewhat the same position. There
are Hawaiians who have lived all their
J lives ON certain lands which are under
leases. They are not disturbed by the
present lessees, but they don't know
when those leases expire, who will Get
T, the land on another lease and whether
they will turn the natives out. Those
natives ought to be given chance TO
| get their homes. And in the case, also.
of lessee of large tract of land who
perhaps has been using it for ranch
purposes, it may be shat he wants to
remain there. Well, if he is already
a settler, let him remain there and let
him get the place, unless it is necessary
with reference to the use of the rest
of the land.
| The bill provides also that when
lands are opened up for homestead pur.
poses, they may be disposed of either
by auction or by drawing, and that af-
ter they have once been opened up and
everybody has been given chance, it
will not be necessary to advertise over
again if there are few lots that have
not been Sold or if a purchaser surren-
ders or forfeits his lot; in such
| CdSeS Ine commissioner OF 1uDllC
Lands is permitted to dispose of those
lots when settler comes along and
wants one-dispose of them in some
method provided by law of course and
at the appraised value-without putting
the government to the expense of ad.
vertising again-perhaps for one or two
lots-and without putting the person
to the trouble of waiting thirty days
l u L.. -
Forest Proclamations.
There are number of provisions here
designed to simplify the administration
of the land laws and to remove uncer-
tainties. For instance, under the pres
ent laws of the Territory, forest pro-
CARNATIONS are made by the Governor.
1t is a serious question whether the
Governor can do it or whether the law
which has been passed by our Legisla-
ture is not invalid as being in conflict
with the Organic Act, that is, whether
the Commissioner of Public Lands is not
the one to set aside lands for forestry
purposes. This removes the doubt by
placing it with the Governor, as the
Legislature has enacted it should be. Or
again, the Legislature has provided that
lands when set aside for forestry pur-
poses shall be under the control of the
Bureau of Agriculture and Forestry.
There is question whether that is
valid and whether such lands must not
remain under the Superintendent of
Public Works in pursuance of the terms
of the Organic Act. This places that
beyond a question by leaving it to our
y legislature to say who shall have the
control-whether the Bureau of Agri-
culture and Forestry or the Superin-
tendent of Public Works. Again, at the
present time our public lands are under
three or four departments of the gov.
eminent, any one of which may sell,
lease, or otherwise dispose of the lands,
and it is often difficult to say under
which department a particular piece of
land is, because the laws say in general
terms that certain classes shall be un,
) der one department and other classes
under another. 1t is often very hard to
say under which class a particular piece
: of land falls. Then again. the Super,
; intcndent of Public Works may make q
r sale and patent is issued in the Pub
/ lie Works Department. The Commits
: sioner of Public Lands does the same
If person wants to look up a title, he
5 has to run to the Land Department, the
, Public Works Department, the Schoo
: Department and perhaps to the Bureau
of Agriculture and Forestry. We ought
: to have the titles of our lands all il
. one place and have one series of pat
: ents. This act is intended to provide
S for this, to provide that sales anC
b. leases, ETC., shall take place under tn,
: Land Department, and that lands shall
be managed by other departments onl.
| in so far as they are set aside for tn,
: use of those other departments and by
I direct proclamation. so as to have NJ
r uncertainty as to which department any
D particular piece of land is under, ant
: so that there will be one department
$ where all titles can be found.
: Land Exchanges.
There are number of other mino
: changes that perhaps, owing to thu
shortness of the time, it will>hardly b.
necessary to refer to. ! want to cal
;, attention to one provision however
!, which is not in the printed form, bu
= which / have submitted to the commit
u tees. Tt is on the subject of land eX
:, changes, subject which has stirre'
y up the people at various times to
greater or less extent. The provision
| Is Uhut no ldnu snail De conveyed ID.
;, the Territory of greater area than tel
acres or of a greater value than $500
Il without the approval of two-thirds o
g a board to be provided by the legisla
,, ture. TT may be that ten acres is to
q small. / rather think it should be
s. little larger. The idea is that whe
any exchange on a large scale is made
i it shouIdn t be simply at the discretio
of one or two executive officers, bu
q there shall be board to whom tn
IL matter may be Submitted. Small e>
9 changes, however, such as the straight
oi ening out of streets and all sorts o
el things, which constitute the bulk of tn
o exchanges, can be made without goin
l. through that process.
ri The section repeats a number of pre-
1t visions in the land laws of Hawa
If which are either inconsistent with tn
r provisions in this bill or are covere
II by them.
No High Sheriff.
;nI Section 6 of the act repeals sectiO