The Hawaiian gazette., 1909-01-15
Governor Frear. That is the provis-


that, let me ask whether your Legis-
lature should not have authority to
prescribe all the terms and conditions
rather than some individual, and should
you not be relieved of the necessity OF
coming here about all these details, 20
take up our time regarding matters
that are purely local and of no concern
to usl am asking merely to get your
opinion on that point
Governor Frear. When the Organic
Act was enacted it was thought that
the settlement or management of the
public lands there was more than "A
matter of mere local interest. 1t was
a matter of national interest, with q
view to building up those Islands with
small proprietors who are American
citizens or will become American citi.
zens, and it was thought unwse to
permit the local Legislature to legis-
late on this subject because of the
dangers. 1t might be that they would
open the way for aliens to acquire the
lands; it might he that they would
open the way for corporation TO &C.
quire them, and it was thought safer
to retain the power in Congress, and
am inclined to think it would be
safer still to keep it there.
The Chairman. That is the point
] was in the Senate when we adopted
the organic law for Hawaii and / am
familiar with the sentiment that led us
to legislate to retain control of the
lands. But I was asking you what is
your opinion now, in view of eight
years of experience, whether you would
have us still keep that control here
or turn it over to the local Legisla.
, ture.
Governor Frear. am inclined ia
: think that We are not quite ready fol
that authority.
The Chairman. Very well. Go on
with your explanation.
Governor Frear. L was going to ex
plain the matter of giving such wide
discretion to the executive officer:
: there. The conditions there are sc
various that it would be exceedingly
difficult to prescribe any particular
, conditions which would apply to al
l cases. There is a difference in tht
G rainfall, for instance, of from II
2 inches to 800 inches a year within {
5 short distance. There is differenc,
. in temperature from So degrees to be
? low freezing within few miles. There
f are differences of soil, differences il
: the character of the crops that can b,
raised in different localities. differ
ences in the classes of people in re
spect of the kinds of land and tn,
areas of lands that they desire. The
t natives wish certain lands and of Ger
| tain areas, and the Portuguese Others
t / must confess it was a question il
,l,N 4
tcularize n little more. For instance
e on page 3, in line 20, the Language
0 could be worded somewhat in thi
G way:
"And upon such terms of payment
Il not extending beyond ten years, an,
: without interest. and residence not les
than five years, to begin not later thai
the end of the third year"
Something of that sort
"and cultivation to be not less tina
| fifty per cent. of the area of the ara
a BILE land. and public notice publishe
I not less than thirty days in a news
paper or newspapers of general cirsu
lation in the Territory"
There could be certain general lin
itations inserted, but to prescribe
uniform set of conditions would be eX
ceedingly disastrous, because the cir
cumstances differ.
1 The Chairman. That is, rigid rul
, would not apply to the varied condi
1 tons.
: Governor Frear. No, sir. This i
put in the general terms of the Rec
l. lamation Act.
= The Chairman. If you recommend
L. that the bill should be amended as yo
r have just now suggested, you Nigh
90 over it and indicate what tn
e amendments should be to meet tina
n view.
Senator Flint. Is it possible no,
J. under the laws of Hawaii to acquir
G land without residing on it?
Governor Frear. 1t is, but no
under the prescribed homestead metl
: DDS of taking land. But the laws ar
!, So loose in their provisions that a pei
c son may acquire land without resid
ing on it to any great extent. Fo
K instance, he might spend his Sunday
II on it for couple of years and h
o would be very apt to get his Ian
n under the decision of the Territorii
g Supreme Court.
e At the top of the fourth page o
Senate Bill 1895 there is a special pre-
G vision which is not essential to tn
general purposes of the act. 1t en-
n bodies the substance of bill that ha
II been introduced in Congress, | b,
lieve. The idea is to give a prefel
d ence right of purchase Mt an appraise
value to persons who have actual
h made their homes on certain land
re particularly as lessees or sublessee
D. This provision is inserted here wit
special reference to a large numbc
of Portuguese in the suburbs of II,
s. nolulu who have their homes genera
IS ly on very small fraction of an acr
held under suitcase of public Ian,
l. The idea is, when the lease expire
IS which will be very soon, to give thos
h persons preference right to purchas
n their homes at an appraised value. Q
r course, it they do not wish to pu
l. chase them, they will be disposed @
otherwise.
i The Chairman. That would seem {
lie be reasonable, should think
Governor Frear. Then there are nj
,e tives in different portions of the L
IL lands who have lived all their liv,
on half acre or acre and they al