The Hawaiian gazette., 1911-08-01
ferred to further at this time.
Feud Existed.


On the Kau side the II lots average
4s.64 acres and aggregate 5SS.7 acres
in area. There had long existed a feud
! between the plantation or its mana.
ger and at least some of the homestead
ers,-a feud which apparently has con.
, tinued to the present time. AS to the
degree of blame attaching to either or
! both sides nothing need be said here.
, Suffice it to say that right attitude
both of a plantation management to-
wards homesteaders near or within the
boundaries of the plantation and of
sach homesteaders towards the planta-
tlon is of extreme Importance to the
success of homesteading. Usually the
plantation has the advantage. In this
case the homesteaders had the "whip
hand, for there were many thousands
of dollars worth of cane growing upon
the land planted by the plantation
when the homesteaders took it thus
enabling the homesteaders to make
practically what terms they pleased
with the plantation.
Before obtaining their lots, they en-
deavored to get one hundred acres
apiece, claiming that they all under
stood farming, that each could handle
that area, that they were sincere in
their intentions to cultivate the land
thoroughly and intended to carry out
all the conditions and much more-as
shown by their letters on file In the
land Office.
Violate the Law.
Soon after they obtained the lots
they submitted, through their attorney.
to the land commissioner for approval.
an agreement with the plantation un
der the guise of a planting contract
for three calender years, or practical
" the period required in order to get
patent.
Under this agreement the plantation
was to erect a holse for the home.
'steader, to cost not more than $500.
upon portion of the lot not to exceed
an acre, the homesteader to give a
mortgage to the plantation for the
cost, but the plantation to take over
the house for the amount of the mort
gage at the end of the three years if
the homesteaderN did not desire to re-
main longer on the lot.
The plantation was TO cultivate and
harvest in cane all the rest of the land
and divide equally with the homestead
er, who was not obliged to do anything,
but with proyiso that the homestead
er's share should be not more than at
the rate of $500 per acre per annum
and also that it should be not less than
that amount; in other words, the agree
ment was in effect straight lease to
the plantation at $500 per annum per
acre for all the land except the acre
upon which the homesteader was to
live during the period of prove-up.
The law forbade the assignment by
a homesteader of his interest or any
part thereof under right of purchase
lease without the consent of the com
missioner, and his consent to this agree
ment was sought presumably on the
view that the agreement might be con-
strled as such an assignment though
lnder the guise of planting contract.
The commissioner, of course, refused
to approve a proposition so bald and
so obviously violative of the spirit Of
the homestead laws.
A Illegal Evasion"
Thereupon the attorneys for the
plantation and the homssteaders devils
ed different agreement, which was
executed without the approval of the
commissioner, and which presumably
was-supposed to be in technical compli-
anee with, or, If you please, legal
evasion of the law. 1t was for the
same three calendar years.
1t did not cover the construction of
the house, but the entire rent for the
first year was to be paid in advance,
aud there was no provision that the
plantation should 90 the eultivating
lalso none that the homesteader should
do IT'D, but there was naive provision
that II the homesteader failed 70 do
the ealtivating the plantation should
not be entitled TO deduct the cost Of
cultivation from the homesteader e
share Of thu crop. and by a collateral
agreement of the same date Ii Was
agreed that Ia caee the homesteader
should fail 20 do the eultivating the
plantation could enter upon the lanl
aud do It, with q precautionary CLAUSE
that II the homestead should b. for
felted daring the period Of the agree.
meal sAe agFeiment should terminate. |
The pFlpelpsl Agreement Dafp0gled /
% b ~ agreement Tor ihi sale 81