The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-12-16
Important Amendments Made
in Text of Proposed Law for
Arid Lands.
ARE SENT ON TO WASHINGTON
Takes Sole Approving Power Out
of Governors Hands and
Brings in Land Board.
lTrom ThuEsday,s AdvertIser.l

properly known as the Kau Ditch Bill
were forwarded to John McCrosson and
the secretary of the interior at Wash
ington yesterday by Governor Frear.
These amendments make the proposed
act, which is really an amendment TO
the Organic Act affecting the Territory
at large, one which is probably more
IN accord with universal popular senti.
ment and which conveys more broad
benefits to all classes than any law yet
on the statute books.
These changes in the proposed law,
said Governor Frear yesterday, were
made after consultation with the most
prominent lawyers in Honolulu and
Hilo as well with the most well-versed
and most interested laymen and IN
cludes most of the suggestions for i'm
provement made by them.
One of the most important changes
takes from the Governor the sole right
to approve of the ffty.year leases of
arid lands as is provided for in the
original bill and makes necessary the
consent of two thirds of the board of
public lands as well. The original con-
struction of the bill in this regard was
the subject of much unfavorable COM
ment and it is known that a number
of the territorial senators were prepar.
ing, when the Legislature met, to put
the stamp of disapproval on this bill
for this reason alone.
10 nd
particularly described in the amended
bill, the terms arid - and semiarid' -
being supplied and it being added that
such lands must not have been cultivat.
ed within ten years previous to the
issuance of the lease.
Rearrange Rentals.
A new paragraph relating to the APP
praisement of the land to set rentals
is inserted. This provides that the rent
reserved in the leases shall be the fair
value of the lands without the water
to be determined from time to time
by three disinterested citizens appoint
ed by the Governor with the approval
of The land board.
Other changes amend the much moot
ed question of payments for water and
the manner of establishing rates, the
bill now according with most of the sug
gestions advanced by those who origi-
nally opposed it on this count alone.
Other changes are mostly minor,
final clause prohibiting the Territory
from issuing bonds or lending its credit
in aid of any irrigation company.
The amended bill is here printed in
full its Importance to the Territory
at large being evident. All words and
sentences printed in black face type
are the amendments newly inserted in
the bill while those printed between
parentheses are the clauses which have
been stricken out and which have no
longer place in the bill. The new
text is as follows:
The New Text.
"Be it enacted by the Senate and
House of Representatives of the Uni.
ted States of America in Congress as
sembled, That section seventy three of
an Act entitled, AN Act to provide a
government for the Territory of Ha-
wall, approved April thirtieth, nine.
teen hundred, as amended by Acts APP
proved April second, nineteen hundred
and eight, and May twenty-seventh,
nineteen hundred and ten, is hereby
amended by adding thereto the follow
ing:
'oPhe commissioner, with the ap.
prevail of the governor and of two
thirds of the board of public lands, may
lease for not exceeding fifty years to
any irrigation company organized for
The purpose of developing, storing, con-
veying and distributing water for irri.
CATION and other purposes, any or all
such arid and semiarid public lands as
have not been cultivated within ten |
years prior to the execution of such |
lease and are capable of being economi. |
cally irrigated from the waterways of |
such company. Any lands so leased |
may, with the consent of the commits.
sioner and approval Of the governor, be
subleased subject to the provisions
hereof to any individual or corporation !
using or desiring to use water from
the waterways of such company. Any
such lease may be made subject to any
lease of any or all such lands,
with the consent of the holder thereof,
If the unexpired term thereof does
not exceed three years, without such
and shall contain appropriate
provisions to secure the construction
and maintenance of the necessary irri-
gaLlon WOfkS k1Or) Cne supplying OF |
such lands with water, and the rever.
sion of such works to the Territory
upon the determination Of the lease,
and such other provisions as may be
deemed necessary or proper (by the
and the gOvernor) for the
benefit Of such lands and their occu.
plans and for the public interest The
rent reserved in any such lease shall
DO the fair rental value OF the leased
lands without the water as determined
from time 30 time for periods Of not
Important action was taken by tho
trustees whom Secretary II, y, Wood
was Instructed 10 write 10 the nayyl
department. urging that Honolulu nerl
chants be given an opportunity 10 sub.
pit bids for an acquisitions for the
NafiuH corps This matter viii boil
brought before the department as
strongly as possible Tor al this rimel
lll supplies are brought here fIom the
cast
M Penney 90 ehabmaa Of Tho