Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-09-30

Governor. Fisher commented on the
case as "a long delay" and evinced q
curiosity as TO just when the case
had ben brought to Lindsays atten
tention.
Lindsay said it was sometime in
1910.
| Frears Goes On Stand.
After few further questions of q
minor nature. Secretary Fisher asked
Governor Frear to take the stand
and to tell in his own way the facts
regarding homesteading in Hawaii
particularly with regard to the Dele
gates complaint that during the foul
years of his administration no pro
gress has been made toward home
stealing.
Governor Frear told of his naming
of the land law commission after find
ing that there was need for change
both in the statutes and in the ad
ministration of the laws on home
stealing He also told Of his drafting
the bill that went to Congress, and
of the special session of the legisla
ture called to pass a resolution rec
ommending action by Congress. Aft
er the legislature had recommended
the bill, said the Governor, he went
TO Congress to advocate the bill
which passed Congress and was ap
proved early in 1910. He outlined the
changes made in demonstrating re-
quirements by the new law.
After discussing the general thee
ries of the law, Mr.. Fisher asked the
Governor to tell him about the actual
facts of demonstrating. The Governor
produced some figures showing that
during his administration the aver
age number of homesteads taken up
during his administration to be 253
yearly as against 1873 yearly or the
seven years preceding his administra'
ton. He said these figures are for
homesteaders actually in possession
These figures apply to all classes OF
lands, he said. About 5000 acres OF
cane lands have been opened up. He
gave the detailed figures on the cane
lands opened during his term in office.
Several tracts of land he mentioned
as having been opened Ashford adj
mitted he knew nothing about. Some
difference of opinion arose on Varl'
GUS points, which Mr.. Fisher asked
to have checked up through the land
office. Frear declared that on at least
three tracts of cane lands families
had been put, denying this part of the
Delegates complaint. Fisher said
that the investigation disclosed that
the Delegates statement Is perhaps
too broad that the lands have been
opened under such conditions as to
make failure of demonstrating prac'
tical certainty.
Taking up the transportation ques-
ton, the Governor began with the re-
cent railroad act, which Fisher said
had not been mentioned in the for
NAL complaint by the Delegate, but
had come up in the course of the in
vestigation. ..-.
The Governor explained the meth
DDS by which the bill went through
the Legislature, saying it finally went
through the 2 Nate unanimously ana
the House b. of 20 to 10.
He said hen it came up to
him he thous I was too drastic
but it came up III the third from the
last day of the session, with about
one-third of all the other measures
that had been passed, and he did not.
on hasty consideration, think it ad-
to- vetoe it after all the care
full thought given it by the Legisla-
ture, especially as it could not be
taken up again at that session.
He said that after more careful con
sideration he believed the clause re-
lating to removing all liability from
the road and its employees should not
be included and should be repealed.
Attorney Olson, in the course of the
discussion, announced that the case
of the Japanese children killed oc-
Cured before this Act went into ef-
feet He introduced Walter Dilling-
ham, who confirmed this statement,
saying the accident was on the Wa
hiawa bridge, about a year before the
law went into effect He said fur.
Their that no action was brought
against the company, that it was
found not due TO criminal negligence
on the employees part and that the
company voluntarily contributed
money 10 the ldulIy LSAedNSu'
Deputy Attorney General A. G.
Smith had something to do with this
case, as the roads counsel, and he
explained the facts a sthey came to
him, substantialing the remarks of
and Olson.
Governor Frear then went into the
and grant to the railroad at Hilo. He
recited the statute of 1878, under
which the grant was made. He said
hat under the same act the Terri
DRY conveyed a considerable tract to
he o. R. & L. Company % years
ago in Honolulu. Ashford asked if,
/ considerable portion of this was
lot fish ponds and virtually worth
ess land. Governor Frear could not
jerify this, not knowing.
The Governor read a section of the
agreement by which the grant at Hilo
vas made. Fisher remarked: THAT
vas a pretty bad contract. l remem-
Ter we commented on that at the