The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-10-19

has been omitted The remainder
has been re-arranged, simplifed
made more definite, and altered in
several other respects.
The first four paragraphs Irelate
particularly to homesteads. The fifth
and sixth paragraphs confer author
ity to give preference rights to OBJ
tain land under special circumstan-
ces. The seventh paragraph con-
tains restrictions on exchanges,
leases and sales for other than home
stead purposes. The eighth or last
paragraph relates to matters of gen
eral administration. A more detail
ed description is as follows
The first paragraph relates to re-
strictions as to who may acquire
homesteads. Cd 1t prevents repeat
ing" by prohibiting a person here
after from acquiring more than one
homestead hereafter sold by the gov
eminent; this relates only to the flu
ture and does not affect the past.
The amount of public land is so
small and the number who desire
land is so large that it seems only
just that hereafter each person should
have only one homestead out of the
public land. This does not prevent
him from purchasing other land
from private persons ~ Largely
for the same reason, it seems that
person who already has enough land
| for a homestead, from whatever
source he may have obtained it,
should not be allowed to acquire
more from the public land; and So it
! is provided that a person cannot
hereafter acquire a homestead from
the government who or whose hus-
band or wife, or both of them, shall
then own other land in the Territory
which with the land in question eX-
ceeds eighty acres This does not
prevent him from buying other land
private parties, but it keeps him, as
far as it goes, from getting other
land from the Territory to the exclu-
sion of others who are not already
provided for 90 1t prevents aliens
from obtaining homesteads from the
public land, by providing that an APP
plicant must either be a citizen or
have declared his intention to be-
come such, and in the latter case
,
uralization before he gets his patent.
The second paragraph relates to
restrictions upon transfers after a
person has obtained his homestead.
This is to insure to some extent the
land being kept as a homestead and
prevent it from being transferred TO
an alien or corporation or any large
holder 1t prevents homesteader
from transferring his homestead Cd
to any alien or corporation at any
time, whether before or after he has
obtained his patent; (2) or to any
person whatever before he has OBJ
tanned his patent. (3)N or even after
he has obtained his patent, to any
person who already owns land which
with the land in question exceeds
eighty acres. An exception, however,
is made in the case of acquisitions
! by inheritance or transfers between
tenants in common, ir order to pre-
| vent hardship or injustice, Also, in
order to permit grants of right of
way and grants for various other
purposes that may be necessary and
that would not be inconsistent with
demonstrating, it is provided that
transfers may be made with the con-
sent of the land commissioner and
+ governor
! The third paragraph provides for
! forfeiture upon failure to comply
with the homestead agreement or
the law applicable thereto, much as
, in the present statutes, except that
the provision is made uniform for all
cases. It's main feature, however, is
a provision that the times limited
for compliance with the homestead
conditions may be extended for good
may not lose his land for causes be-
yond his control
The fourth paragraph provides for
the disposition of homesteads by lot
or drawing, instead of requiring
them to be disposed of by auction
sale Or in the order of application
which often results in injustice or
hardship or in the homesteader hav-
ing to pay high price The method
of drawing gives every one an equal
chance and permits the homesteader
to obtain his land at a fixed price.
This paragraph provides also that
notice of any sale or drawing of pub
lie land shall be published for not
less than sixty days, instead of thir-
ty days as now provided. Also, after
a tract has been well advertised and
every one has been given a chance,
if there are any lots not taken. or
taken and afterwards forfeited or
surrendered, they may be disposed
Of on application without further adj
vertisement, thus saving the cost of
advertising where there are only one
or two desiring land, and permitting
person to obtain a lot without wait
ing for advertisement.
The fifth paragraph permits a pref
erence right to be given to a person
to obtain a homestead when he, or
he and his predecessors in interest,
have lived ten years on a piece of
land and improved it. This is in