The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1911-08-11
H0NEsTElDERS WILL
APPEAL TO COURTS
ATTORNEY IRWIN aAva TIM GOV.
rnEafrNT is noiNo HfoH
WAY nonBuRY.
lNan Special TO Tho Adysrll.stl

(Nail Special 20 The Adyeftiscr.)
nllO. August y The Kaiviki Third
settlers are getting ready TO fight the
administration, and their example may
he followed by the homesieadcu Of
opea Peleau. On the outcome Of the
fight which will be vaged before
Judge Parsons, and which will quite
likely wind up before the supreme court,
will depend to a great extent the home.
stead policy in the future, as the liti.
gation will decide several much disput.
ed questions in regard to what really
constitutes actual fulfilment OF the
homestead conditions and Observance Of
the laws
a short time ago the land commits
siOner Informed five Of the Kaiwiki
Third settlers that they would be given
no patents TO their lots. The rest Of
the settlers who had applied for pat
tents in the same locality, were told
that they must await the outcome Of
the eases of the five before they would
be granted patents.
The quintet singled out by the au-
thorities were as follows: Frank POr-
see, blacksmith on the Pepeekeo plan
tation; Alfred Henderson, blacksmith
on the Hakalau plantation; Alistair
/ Fraser, health Inspector formerly luna
on the Hakalau plantation; G.. Silverra,
carpenter on the Hakalau plantation;
aud Souza, laborer on the Pepeekeo
plantation. ENWEA
81 *, ers have taken their troubles
to Attorney Harry Irwin, and it seems
LII. Al IL.
the preliminary petition which will
start the ball a-rolling, win be filed be-
fore Judge Parsons. The cases will be
heard under the following provision of
the law: CAN disputes, dsagreements
F.. ." misnnderstandings between the par
ties TO any certificate of occupation,
homestead lease, right of purchase lease,
or freehold agreement. touching the con
struction of such instruments or in any
wisn rel"tin0 thereto which "Hnnnt he
amieably settled, shall be referred to
tho circuit Judge in whose jurisdiction
the premises in Question aro situated
and such circuit Judge shall have full
/ ard exclusive authority in chambers
and without the intervention of a Jury
for adiudicatino sneh matters. subject
only to appeal to the supreme court"
Calls 1t Robbery
Irwin states that in ease he. takes
/ the matter up, he will want far more
: definite information in regard to the
charges made by the government than
| has been given the settlers so far. The
! settlers were informed merely that they
had violated most of the conditions of
| the agreements and that therefore they
| would be given no patents.
1t seems to be nothing less than a
| regular highway robbery on the part of
! the government said Irwin cit has
taken the money of these men, every
cent there was coming. and now they
cannot get it back. except by act of
| legislature. Some of them paid as high
as $50 an acre, so the sums involved
are not so very small The government
took the money up to the very last, up
to the full sum required and then it
refused to issue the patents, after it
1 had these poor peoples money safely in
| the treasury.
! Another peculiar thing about this
J deal, continued Irwin, lies in the,
statement made by Marston Campbell,
who until few days ago was the land
commissioner, at the time the legisla-
ture was i'll session. These settlers
made inquiry as to what had become of
their patents, and the house demanded
that Campbell make full statement of
the patents which We're held in his Of
flee. He made such a detailed state
ment, and in regard to the Kaiwiki
lots he stated that the patents had all
! been made out and were ready for the
signature of the Governor. 1iiof