The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-01-11
SYNOPSIS OF AMENDMENTS
TO THE ORGANIC ACT
Continued from Page Ninel

| settlement association, which Is abol-
ished) permits the sale of land in lots
of such area not exceeding 100 acres
| as may be deemed requisite for the sup
port of family and upon such terms
| of payment, residence, and other terms
as may be deemed proper for the pro-
motion of bona fide demonstrating on the
lands in question. This provision is
similar to that in the reclamation act
on the mainland. The lands of Hawaii
| are more like those reclaimed bv the
| Reclamation Service on the mainland
than like other public lands on the
mainland. They require much capital
for their development; they yield heav-
lily and command high prices. More
| over, the conditions of temperature.
rainfall, crops, population. ETC.. vary
| greatly in Hawaii and the available
| area of public land is comparatively
| small. Consequently it has seemed best
| that wide scope should be given for the
settlement of those lands for homestead
purposes, jut as is done under the re-
clamation act. The intention is to make
conditions of residence and cultivation
sufficiently strict and terms of payment
sufficiently easy to accommodate bona
| fide homesteaders and discourage spec
uiators; In other words, to require what
| the bona hde homesteader would wish
/! to do anyway, but what the speculator
would find no object in doing. In gen
eral, 1t is proposed to require resi-
| dence of five years, to begin within
| three years, thus permitting the taker
| to earn money at some other occupa-
| ton until he can get the land develop
| ed, owing to the large expense requir-
| ed for developing lands in Hawaii and
| the long time required for raising trop-
zeal products, to require ten years for
obtaining patent; to require a sub
stantial part of the land to be contin-
uously kept under cultivation, and to
allow payment to be made in INSTALL
ments extending over a period of ten
years without interest. This provision
will be subject to variation according
to conditions
The amendment permits also the Civ
| ing of preference right of purchase
to persons who have already settled on
| public lands. This is intended particu-.
larry for the benefit of large number
| of Portuguese who have small lots Of
a fraction of an acre as sublessees I'M
| der a lessee of government land in the
city of Honolulu. These people have
long made their homes there, and it
seems only right that when the lease
| expires, as it will soon, they should have
the first right to purchase their lots at
an appraised value. There are others
of various nationalities similarly sit
uated in other parts of the island.
| Preference rights of purchase have in
several instances been given by special
acts of Congress on the mainland.
The amendment proceeds to limit the
area which may be taken and prevents
repeating. It also requires a person, if
an alien, to have declared his intention
to become citizen before he enters
under the preliminary agreement, and
to become citizen before he can OBJ
tain his patent; and, while it provides
for forfeiture for noncompliance with
z the terms of the agreement, it provides
also that the time for compliance may
1 be extended upon its appearing thai
an effort at compliance has been made
in good faith.
The amendment provides for bring
| ing the management of the public land;
\ entirely under the land office, instead
/ of leaving it, as at present, under sew
I eral departments-exee insofar as Ger
/ tain lands may be transferred to othel
departments for their use. At presen
lands may be sold and conveyed b,
anyone of three departments, at least
thus giving rise to confusion in records
and other difficulties. It also provide
that when private lands are. obtained
by exchange for public lands they shall
have the same status as If they hat
previously been public lands. This i
I intended merely to settle various ques
tions of doubt that have arisen as t.
the title to and status of lands obtalne'
by exchange. The amendment provide
also that the setting aside of lands TO
forest and other purposes, or withdraw
ing the same, shall be done by tn
Governor, and that while SO set asld
the lands may be managed as may b
1 provided by the laws of the Territory
It is now a question whether the Gov
ernor or the Commissioner of Publ
Lands is the proper person to set asld
lands for certain public purposes an
also whether, for instance, in the cas-
of forest lands they may be manage
by the Bureau of Agriculture and Fol
II estrv or must be managed by the Su
l Derintendent of Public Works. TIL
amendment repeats number Of SCI
tions in the land laws which are i
conflict with or superseded by the pre-
posed amendment Other minor difficu
/ ties experienced in the administratio
: of the lands are also remedied by tn
amendment.
May Abolish High sheriff's Office.
, Section 6, Repeating Section 70
| Section 10 provides that there shall b
\ a High Sheriff of the Territory. Tha
was enacted before the establishment
, of county governments. Now that Their
I are county sheriffs there is little nee
\ of a High Sheriff. and the repeal 0
4 this section will permit the Legislator
y of the Territory. if it deems it bes
y to abolish that office.
y Governors Power to Dismiss.
n Section (, Amending Section S0-Tf
y main object is to permit the Governc
4 to remove officers appointed by hi
Y without requiring the consent Of I'll
y Senate. The consent of the Senate
required now for the removal as we
= as for the appointment of officers a
pointed by the Governor. The provisic
requiring such consent to removals W;