The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1912-05-07

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Better relations between the planta
tions and homesteaders, the safeguard
ing of the public, the increase of the
much desired landholding settlers and
the protection of the bona fide home
steader are what Governor Frear sees
in the supreme court decision sustain
ing his administration of the land laws
of the Territory.
The case finally decided by the court
last Thursday effects part of fifty
eight homesteading cases, the final pa
pers in which have been held up by the
government pending decision in the
suits. The other test case is now be-
fore Judge Parsons of HilO, whose first
decision is now reversed, and who has
been deferring the hearing of the SC
ond test until the supreme court has
spoken in the first.
The case decided affected a home
steading agreement under the cash free
hold plan while the one pending IS un-
der right of purchase. The laws gov
erning each are slightly different and
the two cases are therefore necessary.
Good Faith Will Tell.
''In some of these cases." said Gov
ernor Frear, yesterday, in discussing
the effect of the decision on present
homesteading "the government can
give an extension of time where the
homesteader was acting in good faith
and give him chance to live up to
the requirements.
''The decision will be a very valuable
one," he continued, "from the stand
point of both the government and the
homesteader and still more so from the
standpoint of the public The area
suitable to homesteading is very limited
and there are enough people who want
it in good faith to occupy it all and
they are the ones who should get it..
'People who wish to acquire land to
lease or sell should not be permitted to
acquire it under the guise of homestead
ing. They do not deserve it as other
homesteaders do and should not get 1t
in justice to the public.
A Plain Decision.
"At the same time the decision
shows clearly what may and may not
be done under the homestead laws, II
does not cover all points but covers
numbers of the most important points
and is set forth in language that every
one can understand-that is, not based
on what are sometimes called teehni
ealities.
"The government has been exceed
ingly lenient TO homesteaders ever sine
the enactment of the land act seven
teen years ago. If / remember right,
only one test case has been brough
previously TO these two while suppos
thousands come up every year on tn
mainland.
Everything possible should be don
10 encourage real hOmesteading an
that includes protecting both the pull
lie and the real homesteader from TIA
selfseekers who desire public lands TO
speculation or investment,
Good for Plantations,
"The decision also ought 10 bnn
about more satisfactory relations be
tween homesteadert and the plantation
for IL will tend 20 folieyo the plmti
tions from attempts al getting the
highly developed cane lands merely fi
tbe purpose Of holding them up aud IN
llM tptions can have no objection
loilpg ihrlr cane lands be divided &,
people Who really intend 40 make goo
uff ot them hY rrltiNHllng them ihrl
selves ln other words, lht rotation
afiNffn che h0mesteaiofs npd plant
llons viii he ape 40 have ID more cr
tain and sound basis.