The Hawaiian gazette., 1911-09-01
INACCURATE, TO
PUT IT MILDLY
Says the Governor Regarding
iohn F. cOlburn's better
in Aderiisor.
tFrom Thur.day' ; AdvarlIor.l

sections Of John A. Colburn's letter,
which appeared In The Advertiser yes.
terday morning, and he again made IL
clear that the Kapiolani Estato will
not get 100000 for giving up ia lease
70 the Punchbowl lands.
"The most striking feature Of Mr.
Colburn's letter published in Tho Ad.
vertiser is its inAccuracy, 70 put II
mildly he said. He states that the
Delegate introduced tho bin for grant.
ing preference rights and that the bill
was finally passed.. ta
IL is true that the Delegate intro
duecd bill, and did so more than,onee,
for that purpose, but the bin was
never passed. Tho provision that did
pass was one which was put in amend
ments to the Organic Act, which was
entirely different from the other bill.
IS Nse Embarrassing Position. 'o'
81 may add, however, that / went
over all these amendments very, care.
fully with the Delegate and that he
heartily supported the provision for
granting these preference rights. Mr..
Colburn apparently places the Delegate
in an embarrassing position by taking
the stand, on the one hand, that the
Prince favored the granting of these
rights when the lease should terminate,
and, on the other hand, that the Kapio.
lani Estate might endeavor to retain
the land and delay it's recovery under
a lawsuit several years after the
termination of the lease.
again, Mr.. Colburn represents me
us having approved the proposition to
purchase the lease from the Kapiolani
Estate. never approved 1t on any
occasion. On the contrary, when the
proposition was first made to me dur
ing the campaign last year, I was as.
tonished at its audacity and did all
| could to suppress it as being not only
impracticable, but also as being pos.
sibly illegal and involving serious ques.
tions of public policy.
Estate Agreed Orally; Backed out.
ST endeavored also at that time to
switch the proposition to one in which
the Kapiolani Estate would assist in
the granting of these preference. rights
in every reasonable manner, and while
they seemed to agree to it substantial.
ly orally, nothing in writing was oh.
tanned. tssa III
81 suggested also at that time that
the most practical. most simple and
most just way would be precisely that
which the Auwaiolimu Improvement
Club has recently proposed to the Ka.
piolani namely, that each per.
son who is entitled TO obtain his homs
under the special amendment on this
subject should pay the Kapiolani Es.
tate his rent up to the end of the lease
and obtain a surrender of his lot from
the estate, so that he can receive a
patent mt once.
Title In Territory.
That would work no hardship on
anyone but would be of benefit 10 the
haPioiani Estate, while, il the pro osi.
ton now made by the estate should be
put through, il would mean a loss to
me government or a very great hard
ship on the Portuguese concerned.
may add that the title to the
crown lands has been settled by several
decisions of the territorial supreme
court and by decision of the court
OF claims in Washington, as being ia
the government
The Estates Claim.
That the estate insists ON sticking
TO its false claim that it should get
the entire 100000, is shown by state
ment made by Attorney c. w. Ashford
yesterday Said he:
"The Kapiolani Estate has always
been ready to settle the matter OF the
Punchbowl leases in accordance with
the act passed by the legislature, after
an investigation, and signed by Gov
ernor Frear. The delay is wholly the
fault Of the executive"
Mr.. Colburn says the bill provided
for the payment of $4,000 to acquire
the lease.
The Real Bin.
Governor Frear was asked to explain
again how the real bill stood. He said;
The act, as it was originally i'm
trodueed, was for the purchase Of the
lease from the KapiOlani Estate for
100000 That act was changed, first,
by striking out the title and inserting
an entirely new title; secondly, by
striking out the entire body of the act
and inserting a new body, thus making
it radically different bill; namely,
p bill not for the benefit of the Ka.
piolani Estate, but for bene6ting the
PuncbbOwl residents in any way that
seemed practicable The purchase of
this lease was only one of the ways
which IL was thought might prove TO
be practicable. The bill makes It en-
tirely discretionary whether that lease
shall be purchased and does not fix the
price at which it shall be bought. but
approPriates 100000 for facilitating
the granting of the preference rights
in all ways.
Why He Signed It.
"It is true 7 signed the bill, but il
WAS one for assisting the Portuguese
residents aud II was discretionary and
was not confined to any particular
method.
,rr4s~I signed il because did not know
INT that we would need the money. or