Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-04-07

i"NNNs Ah'At 10 "iib must w hioiN w
less discretion vested in the executive
officers. That is so in large measure
even on the mainland. especially In
respect of reclaimed lands. which the
lands OF Hawaii resemble more than
they do the prairie lands. Your com
mittec is strongly OF the opinion that
a much more ntelligt mt discretion can
be exercised by the local territorial
officials in the handling and disposal
of the public lands of Hawaii than
could possibly be the case II those
lands were placed under the Federal
Department Of the Interior, as has
sometimes been suggested.
The first four paragraphs Of this
section relate to homes eading in all
It's forms. There are four forms OF
agreement under which homestead
may be acquired namely. % Ger
tiicatc of occupation" which leads Ia
homestead lease" (2) right OF
purchase lease" go cash freehold
agreement and H special home
stead agreement" each OF which leads
to patent"
The first paragraph prescribes re-
stcads: Cd Repeating" is forbidden.
A person is not permitted to take mp
on" homestead after another, as he
can now.
The area of public lands In Hawaii
Is very limited probably not exceed
ing 100000 acres Of cultivable land.
Each person should be given only
~ IA. Ia
land: II he wants more land he can
buy II of a private owIer. He should
not speculate In public land. t2) For
much the same reasons persons al.
ready having sufficient land for a
homestead, gom whatever source oh.
tanned, are not allowed to take a
homestead from the public land. (3)
Only citizens or persons who have de-
clared their In entlon to become such
may take homesteads. and in case of
declaration Of intention the citizen.
ship must be completed before the
title can be completed.
The second paragraph contains re-
strictions on what may be done with
Homestead after entry or patent.
Except In the case OF transfers by In.
heritancc and between tenants In com.
mon las where several heirs have In.
heritcd) transfers can not (except @s
stated below be made at all before
the homestead lease or patent is OBJ
tanned and even after that can not
be made to an alien or corporation or
large holder. The exception referred
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 purposes. and
mortgages.
The third paragraph provides for
the enforcement of homestead condi.
tlons and restrictions, but with a pro.
yiso for extending the time for compli.
ance in meritorious cases, much as is
done on the mainland. There are
somewhat similar provisions In the
present laws but they are not uniform
nor are thev In all cases satisfactorily
worded and they have no such pro-
viso.
The fourth paragraph provides that
homesteads shall he disposed OF by
drawings 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. The change is
especially desirable for Americans on
the mainland who desire TO settle In
Hawaii 1t gives all an equal chance
and at reasonable prices. At present
the prices are often run up very high
at auction sales. or persons have to
stand In line for days or weeks to get
p chance
The next two paragraphs relate to
special cases. The first one permits
a preference right of purchase to be
given to a person who has improved
parcel of public land and made his
home on II for not less than Ave
wears. Thesarea is limited to what
may reasonably be required for a
home ana 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 determin.
ed by three disinterested appraisers,
but the value of the improvements
may be disregarded by the appraisers
when deemed just and reasonable.
Preference rights have often been Civ.
en- by Congress In particular tracts on
the mainland. The present provision
is intended principally for the benefit
of large number OF Portuguese who
have hong made their homes as sub.
lessees on large tract of public
land In the suburbs of Honolulu tue
lease on which Is soon to expire. Their
LOIS are as a rule small fraction of
an acre. and their cottages, built at
their own expense are as 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 II would
obviously be just for the appraisers
to include the value of the improve
ments.
As this provision In limited to THOSE
who have continuously resided on
land since 1900. II can not be made
the basis of requirement by anyone
going upon public lands or taking
small subleases hereafter
Your committee have placed in the
bill some important amendments. One
OF these dlscontinues the sale of pub.
lie lands except for homestead and
residence 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
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