The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-12
kCnntinued from Page Nine. }

The Chairman. GU mean SlmpIy
that in the Organic Act the Legislature
is precluded from legislating on the
snbjecta
Governor Frear. That is the provis-
ion now in the Organic Act.
The Chairman. So | understand.
Governor Frear. And we come to
Congress now for an amendment of the
act because we can not go to our Legis-
1ature. On that point / will say
The Chairman Before you pass from
that, let me ask whether your Legis-
1ature 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, to
take up our time regarding matters
that are purely local and of no concern
TO usg / 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 a
view to building up those Islands with
FtI1aH DTCDTibtOTS VINO dic american
citizens Or will become American citi
zens, and it was thought unwise 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 be that they would
open the way for corporation to ac-
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.
I was in the Senate when we adopted
the organic law for Hawaii and L am
familiar with the sentiment that led us
TO legislate to retain control of the
lands. But I was asking you what is
vour opinion now, in view of eight
wears of experience, whether you would
have rs still keep that control here
or turn it over to the local Legisla-
ture.
Governor Frear. I am inclined to
think that we are not quite ready tor
that authority.
The Chairman. Very we'll Go on
with your explanation.
Governor Frear. / was going to ex
pIain the matter of giving such wide
discretion to the executive officers
there. The conditions there are Sc
various that it would be exceedingly
difficult to prescribe any particula
conditions which would apply to al
eases There is difference in tn
rainfall for instance, OF from IL
inches to 300 inches a year within
short distance. There is dl1ferenc
in temperature from 80 degrees to De
low freezing within few miles. liner
are differences of soil, differences L
the character of the crops that can
raised in different localities, diner
enees in the classes of people IN re
sneet Of the kinds Of land and tn
areas of lands that they desire. In
natives wish certain lands and OF Gel
tain areas. and the Portuguese Others
must confess it was a. question /
nv mind whether we should not pal
tieularize little more. For instance
ON page 8, in line 20, the languag
could be worded somewhat in thu
way:
6And upon such terms of paymen
mot extending beyond ten years, an
without interest, and residence not les
than five years, to begin not later tina
the end of the third year
Something of that sort
Gland cultivation to be not less ina
fifty per cent. of the area of the ara
BILE land. and public notice publlshe
not less than thirty days IN news
paper or newspapers of general clrct
iation in the Territory
There could be certain general I'm
itations inserted, but to prescribe
uniform set of conditions would be e2
eeedinsly disastrous, because the ell
cumstances differ.
The Chairman. That is, rlgld rui
would not apply to the varied cond
tions.
put in the general terms OF the Ret
lamation Act.
The Chairman. If you recommen
that the bill should be amended as yo
have Just now suggested, you Nigh
90 over it and indicate what tn
amendments should be to meet tina
view.
Senator Flint Is it possible no.
under the laws of Hawaii to aequir
land without residing on its
Governor Frear. 1t is, but ne
under the prescribed homestead metl
DDS of taking land. But the laws al
SO loose in their provisions that pc
son NAV acquire land without resi-
\ ing on it to any great extent. FL
instance, he might spend his Sunda.
on it for a couple of years and
would be very apt to get his lar
under the decision of the Territori
Supreme Court.
At the top of the fourth page
Senate Bill 1895 there is a special pr
vision which is not essential to Il
general purposes of the act. 1t Ell
bodies the substance of bill that h
been introduced in Congress, | /
lieve. The idea is to give preft
ence right of purchase at an apprais
value to persons who have actual
made their homes on certain LAM
particularly as lessees or sublesse
This provision is inserted here WI
special reference to large numt
of Portuguese in the suburbs of T
nolulu who have their homes gener
" on a very small fraction of an az
held under a suitcase of public la
The idea is, when the lease expir
which will be very soon, to give tn
persons a preference right to purch
4ho;r bomac Of an appra iSed value.