The Hawaiian gazette., 1909-04-27

The Land Question
chairman kaiamh of ihe Coumiites
on Public Lands Submitted fdfnu on
Senate Resolution $50. a. pclnuptuf
Congress tO enact a special ha,esi 7ad
law for the Territory and ineHdiul n
drafi ~ a bill, conforming with The
intent II the resolution
In the course Of its report the com.
mittee says;s
criticism has been made by many
In regard 90 the present system. and
to quote the recommendation OF the
Land Advisory Commission, In lts re-
port on page 3. n SAYS. That the
method ~ safe under right OF purch ase
lease and cash freehold be utilized
to only very limited extent. and then
only under conditions where It's provl-
sions can not be abused And then.
referring TO the settlement association
provision, Il said: This has not full
filled its purpose. but has been the
method by which the greatest abuses
have been practised'
I'm the second preamble OF tie reso-
luton II is there stated that the home
stead lease IL obnoxious to every
American citizen and resented by Ha-
wailans, who are entitled to equal
rights with all other citizens. That
may be as far as American citizens
are concerned, but why should Ha-
waiians resent 1t? In your commit
tees opinion. Hawaiians of some in
telligence should resent 1t, but the
majority of the Hawaiian people
should welcome a method of acquir-
ing land, 1t being the easiest, safest
and cheapest to them generally. Lands
so acquired will be theirs and their
posterity's for, say, one thousand years,
sure home to them for all time and
which Is not subject to assignment,
attachment, levy or sale upon execu-
tion and is entirely free from any
process in bankruptcy or otherwise.
Your committee is very optimistic in
this regard and undertakes to speak
for those Hawaiians who are not as
intelligent Ghis is used advisedly) and
are incapable of maintaining them
selves sufficiently up TO the present
day standard, that this method should
be made more of by the government
than is the case at present, particu-
larly in the outer island localities, and
that sufficient interest should be
shown to their would-be leaders and
friends to urge this system upon
them.
"Still there is yet one other method
not mentioned by the resolution.
which is of the policy recently enun-
ritory and known as the special agree
ment of sale, under Section 276, Part
4, of our present land laws (Revised
Laws of HawaiD. The first sale
under this system occurred during the
early part of last November and is
claimed to have been very successful
in so far as the government was con-
cerned the sale in question being the
first OF the present administration of
Territorial affairs, many others hav-
ing followed in it's wake, with others
vet to follow. Whatever may be said
against it, it is vet to be proven that
1t Is inefficient but so far as at pres
ent known the system has been found
to be very liberal in its terms and
provisions, and Is the most advan-
jtageous, as far as made known 10
your committee, to the man of small
means to acquire a homestead, upon
which he may till, and, II need be,
earn a livelihood for himself and fam
ily and otherwise maintain his home.
Your committee is informed that 1t is
vet the best method advanced of any
on our statutes and would suggest
that it be made more of by the gov
ernment."
The resolution and bill was read,
section by section, in the committee of
the whole, in accordance with the rec
ommendation of the committee.
Senator Mccarthy said that he did
not stand sponsor for the measure,
stating that it had been handed to him
| to introduce.
''With what little knowledge l have
of the land question: said Senator
Fairchild, sit seems to me that this
bill was drawn up by the associated or
der of land barons."
Senator Smith said that he did not
| consider it to tie best interests of the
people of the island that such a bill
should be indorsed. He quoted the pro
visions of the measure providing that
"all public lands shall be set aside for
homestead purposes and showed that
such provision was altogether toe
| sweeping and could be subject to an
Interpretation that would work a hard
ship upon the people of the whole Ter
ritory.
! President Smith said that he wa:
| opposed to the whole intent of the bill
| He stated that the main object of the
| Organic Act was to allow the Territory
of Hawaii to continue under its pre-
vious form of government. He quoted
the statement of Secretary Garfield tha'
the land laws of the United State:
were not adapted to Hawaii. Senate,
Smith showed that the intention of tn,
bill was to place the full control OF
the land of the Territory in the hands
of the Department of the Interior a
Washington.
"Any bill that will place the con
troll of our lands in the Department o.
the Interior is something we shoul,
never consent to- declared Senate
Smith.
lie dwelt ON the troubles and OBJ
stacles of the other Territories in tn
administration of land matters when tn
Department of the Interior exercise
| anntrnd. Ha soil that ha aUranl wi NJ