The Hawaiian star., 1910-04-07


cept in the case of transfers by in
heritance and between tenants in
common (as where several heirs have
inheritedl transfers can not Except
as stated below be made at all be-
fore the homestead lease or patent is
obtained and even after that can not
be made to an alien or corporation
or large holder The exception re-
ferred to above is that transfer may
be made with the written consent of
the land commissioner and governor.
This is so as to permit grants for
rights of way and some other pur-
poses, and mortgages.
The third paragraph provides for
the enforcement Of homestead condi-
tions and restrictions. but with a pro-
viso for extending the times for com
pliance in meritorious cases, much as
is done on the mainland. There are
somewhat similar provisions in the
present laws, but they are not uni
form nor are they in all cases salts
factorily worded and they have no
such proviso.
The fourth paragraph provides that
homesteads shall be disposed of by
drawing or lot, as in the case of re-
claimed lands in the Western States
instead, of, as now, at auction sale or
by standing in line. This change is
especially desirable for Americans on
the mainland who desire to settle IN
Hawaii. It gives all an equal chance
and at reasonable prices. AT pre-
sent the prices are often run up very
high at auction sales, or persons have
to stand in line for days or weeks to
get a chance.
The next two paragraphs relate to
special cases. The first one per-
mits a preference right of purchase 20
be given to a person who has i'm
proved parcel of public land and
made his home on it for not less than
five years. The area is limited to
what may reasonably be required for
home and the wording is made
elastic enough so that boundaries may
be Strengthened, The price to be paid
is the full value of the land as deter
mined by three disinterested apprais-
ers but the value of the improvements
may be disregarded by the apprais-
ers when deemed just and reasonable.
Preference rights have often been
given by Congress in particular tracts
on the mainland. The present provi-
sion is intended principally for the
benefit of a large number of Portu-
guese who have long made their
homes as sub-lessees on a large tract
of public land in the suburbs of Ho-
nolulu, the lease on which is soon
to expire. Their lots are as a rule
a small fraction of an acre, and their
, cottages, built at their own expense,
are as a rule of little value. But
there are other cases different in some
ways, throughout the islands, to which
this paragraph would apply. In some
cases it would obviously be just for
the appraisers to include the value of
the improvements.
AS this provision is limited to those
who have continuously resided on lard
since 1900 it can not be made the
basis of requirement by anyone go
ing upon public lands or taking small
subleases hereafter.
Your committee have placed in the
bill some important Vmendments. One
of these dicontinues the sale of public
lands except for homestead and resi-
dence purposes, to the end that the
remaining public lands shall go to
small holders exclusively; another
provision sharply limits the power to
exchange public lands, and makes all
such exchanges as well as the larger
leases, subject to tue approval of the