The Hawaiian gazette., 1911-10-27
Land Commissioner Starts Two
Actions to Settle Many
Questions.
GOVERNMENT FILES PAPERS
Controversy Will Be Thrashed Out
Next MULTIPLICATION Is
Answered.
lMan speeial to ono AdvertiseT.l

HIDO, October 23-The long expect
cd friendly suits by the Territory |
against the Kawiki Third settlers,
have finally been fled They areI
largely test cases in their nature, and
ON their outcome will depend the wei
fare of, not only the Hakalau settlers
in question, but that of many other
settlers holding government lands IN
other parts of the Islands as we'll
More particularly are these suits ex-
pected to settle once and for all the
old questions as to just what is meant
by residence by cultivation, how far
the settler may enter into contracts
with plantations and so forth, which
have in the past been the cause OF
many squabbles and much bitterness.
The suits in question were brought
last week by the attorney general
through Land Commissioner Judd,
against two of the settlers, namely
Alfred Rannie Henderson and Manuel
N. dc Souza The two cases are the
same, with the exception that Souza
holds under right of purchase lease,
while Henderson has cash freehold.
Government Questions.
In the petitions brought by the gov.
eminent Land Commissioner Judd
gives an account of the history of the
taking up of the land in question by
the settlers, which ended in the refusal
on the part of the government to give
them title. He states further
"That a dispute and disagreement
which cannot be amicably settled has
arisen between the said respondent,
Alfred Henderson Cor whatever the
name in the case may be), and your
petitioner as to the performance of the
terms and conditions of said freehold
agreement No. -, and of the law re-
hating thereto, and more particularly
with regard to cultivation of the lot or
premises covered by said agreement;
planting and care of trees thereon;
assignment and suitcase of respond
ent's interest or a part thereof under
spOndent and maintenance of his home
thereon under the provisions of Section
6S of said land act. 4"
The petitioner asks that the circuit
I judge. sitting at chambers, may sum
mon the respondent settlers to answer
the petition.
Settlers Answer.
In their answers the settlers admit
that dispute has arisen as stated by
the land commissioner, but claim that
it has arisen solely over the clauses
relating to cultivation of, planting and
care of trees and to residence. The
settlers claim that they have no knOwl-
edge, and have never been informed
of the particulars of the dispute men
toned They also claim that there
has never been any dispute in regard
to the clause relating to assignments
of interest by them, and say that the
first animation in this regard came
from the petition.
The settlers go on to show that in
July, 1910, they went before Land
Agent Williams in Hilo, and were eX
amined under oath with regard to Their
final proofs, and that these we're sub
mitted the following August to Mars
commissioner. Campbell, it is stated
in accordance with the recommends
tions of Williams, prepared the pat
ents and referred them to the attorney
general for his approval as to form
and the documents were finally referred
to the Governor, in September, for his
approval. The settlers finally show
that they have paid the full purchase
price for their lands, which money ha,
been accepted by the land office, anC
has probably been paid into the terri
torial treasury as government reali
cation. They ask that the land com
missioner be required to show Gauss
why the patents should not be issued.
Attorney Irwin, who represents th'
settlers, has written to the attorney
general, suggesting that the matters b.
set for hearing before Judge Parsons
Turing the beginning of next month.