The Hawaiian gazette., 1912-01-05

4 their real value from the dis \
posal of these lands to settlers.
4 Gas an immediate financial
/ x proposition there can be no ques-
x tiOn but that the government
X would profit more by leasing the
| y land But provided it can secure x
home owning citizens, IL prefers
x for obvious reasons to do 500
TX X
4 X x X x X X X x X X 4 X X X X
The above extracts from brief fled
in the circuit court at Hilo in one of
the numerous cases pending on the ISL
and of Hawaii, sets forth the position
taken by the territorial administration,
as to the policy for which it is pre-
pared to fight in the courts against the
efforts of alleged fake homesteaders to
acquire public lands merely to sell them
to big corporations.
Many Gases Pending.
"The question of the bona fdes Of
the homcsteaders is pending before
Judge Parsons of Hilo in about fifty
cases, of which the brief above quoted
is fair sample,'' says Attorney Gen
eral Lindsay The same issue is in
volved in part of Delegate Kuhio s
" charges" against Governor Frear,
and the suits pending provide some
very important evidence as to land set
Element in the Islands.
Rulings Much Desired.
''There have been few rulings of the
courts here dealing with the application
of the land laws, as far as homestead
ing is concerned said the attorney
general yesterday" and the pending
Hawaii cases are therefore of much in
terest. The government has become con-
WINGED that these Hawaii so-called
homesteaders were not bona fde set.
tiers at ALL There is plenty of evidence
to show that they had no real inten.
ton to settle on the lands. but on the
! contrary had agreements with corpor
ations under which they planned to &C
through the forms of getting title, il
order to sell out. The testimony taker
} shows this
The above-quoted brief of the Terri
! tory, filed by Deputy Attorney Genera
Arthur G. Smith in one of the numerous
Ndnto blOukht dklAnob l4dllu OOIuIllS
2 sioner Judd, continues with the follow
!. ing: THE purpose of the homestea,
! laws is not and cannot be attained b,
mere speculation entry and the mai
{ who takes up a parcel of land intend
' ing either to sell the same or to pla,
s the part of an absentee landlord, i
. not the kind of man contemplated o
! wanted for homesteader."
This uivps tho rarritorvjs Dositinp
as maintained by the Frear administra
, ton in court, as against alleged plan
= tation plans to get lands from ''home
. steaders."
The Issue Presented.
d The following summary of facts an,
t argument by the attorney general i
a SAID to represent typical case amonl
It the many which are to be fought Out
in the courts of last resort and possibl,
in political way in Washington on tn
9 issue of the local land policy:
Il ITO summarize the facts: On Jul,
= is, 1907, Alfred Rannie Henderson a
- public auction became the purchase
: of lot 80, KaiwilSi Homesteads, con
' tanning approximately twenty-five acre
of cane land which had formerly bee
under lease to the Hakalau Plantation
: In this application for said land, h
j, made affidavit that he wanted this lam
!. solely for his own use and benefit.
Plantation Agreement
"On July "a, 1907, he signed writ
= y ten contract prepared by the plantation
and on the same day he signed a writ
/, ten request on a typewritten form pre-
q pared by the plantation, copies of bot
y of which are in evidence. At abou
% the same time, whether before or afte
y signing these documents Henderson wa
not wholly sure, this written contraC
" and request WERE as his counsel put
y, it, merged" in an oral agreemer
=. between Henderson and the Hakala
Plantation, through its manager, b
X which the plantation agreed to pay hi
y the straight sum of five dollars p,
acre per year.
!, Z" Prior to taking up this HOMESTEAD
Henderson had been living in a plant
ton cottage at Hakalau. On July ]
1908, he moved on to the lot and
July IS, 1910, he moved off and back
the same plantation cottage. He prov
m up July 23, 1910.
ii 1.-THE subagent, on August 90, 101
u stating that he had no power to comp
the attendance Of witnesses 10 pro
or disprove the proye.up statements
a Henderson and his witness, reeol
A. mended that the patent be issued. T
=" patent was not issued, but instead,
he July n, 1911, the secretary Of the eo
or, missioner Of public lands wrote He
,x derson stating substantially that
n. patent would not be granted on /
y, facts then available. and recommend
ne the submission 70 this court under 81
M ton 27f H. H., Of the questions
nd YolVed
'bsss Agreement with the Plantation
fheetion seo, paragraph 4, relati
lat % rash fTeeholds, provides that
D . feeholder shall not assign OF snhl
no eondliloBally ~ otherwise, BIZ later
No. 81 aHy past thereof under the ffaehl
Nh. agreement
"a fheftlon $40, paragraph Z, TelaiI
a. nRAi " purchase leases pfoFil
"a ihat 49, lmaf0 fahhll nal saalFn