The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-06-17

MOI ALI agreed.
Mr.. Kinney's opinion that the new
law allows the land board and the land
commissioner no discretion whatever in
regard to the opening up of land for
homesteading whenever such opening
shall be demanded by twenty-five APP
plicants for land and that the claims
of all lessees shall be considered sub
ordinate to to those of prospective
homesteaders was not fully concurred
in by some of those present. Both
Il. A. Thurston and chairman Alfred
Carter stated that in their opinion Mr..
Kinney was going too far in his inter
probation of the law and that certainly
some discretion should lie with the
board. Land Commissioner Marston
Campbell also said that he was unable
to see the matter in the same light
as that in which Mr.. Kinney looked at
it. He feared that it would entail a
great amount of trouble and expense
without in many cases producing the
results expected.
Mr.. Carter expressed the opinion
that, while the rights of the home
steader should be amply protected by
the board, still it should not be forgot
ten that the lessee has some rights, too.
A lessee whose lease is about to ex'
pire has the right to be informed in
a reasonable time as to whether or not
the. lease will be renewed.
May Be No "Kspaa Deal.'
If w. A. Kinney's Interpretation Of
the law is adopted by the land board,
it may result in the falling through of
the "Kapaa deal;" the contemplated
leases which are provided for in the
agreement between the McBryde Sugar
Company and the government may be
killed through the requirement that
nothing along that line be done for a
year at least, until after prospective
and possible homesteaders shall first
have been given an opportunity to de-
clare whether or not they want the
government land or any of it which
it is proposed to lease to the planta'
tion.
1t was the matter of the proposed
Kappa leases and water rights which
brought about the momentous discus
sion. And although the members OF
the board constantly reverted to these
proposed transactions, upon which they
had been called by the land commits
sioner to pass, the effect of the dis
eussion reaches far beyond the partic
ular matter of the Kappa lands and
affects the general land policy of tbs
Territory.
Mr.. Thurston, who was present il
the interest of the Kappa deal, ex
planned to the members Of the board
with the aid Of map, the lay of th'
land and the possibilities OF bringing
water upon II. After some consider
able discussion, Mr.. Kinney pfoposeS
that action be deferred, for the rea
sons above cited, In order 10 give pos
sible homesteaders the first ehanc'
at the land. "suppose," he said
fthat thirty days after you have le
this lease, twenty-five men step ia Will
q petition TO be allowed 10 take nj
homesteadsi what are You going q
dOf You would have 10 give yer,
substantial reasons for thwaItiRg tina
demand
Mr. Kinney went on 10 say that al
agricultural land IL subject 10 tina
provision Ia the Organic Act amend
nenf that provides that upon the peti
tion u twenty-five applicants The lanl
ieommisalqnef mast survey and opeH %
enirY such agricultural land Or slmlln
iand located % eless 10 that apg1lsl