The Hawaiian gazette., 1912-10-04

dcncc. DO
Blame on Both sides.
Yes, wanted 60 stretch the law
as far ne possible, particularly In view
of their treatment by the manager Of
the plantation. | thing there was blame
on both sides. | am not fighting the
battles of the plantation manager.
"Werc YOU aware at the time Of your
last inspection. asked MIR. Ashford,
"that the manager Ind written let
ter TO the executive committee of the
association making definite offer for
the purchase Of their lands, and stating
that il they would agree to sell upon
these terms, that he, the manager,
would have the plantation 3 agents use
their influence with the government TO
procure the titles to the lands for the
homesteaders, and further that the
homesteadcrs rejected the offer, saying
that they took the land for the purpose
of making their homes therefr
81 think | was aware of that cor.
respondence.
"In view of the history given us
by the homesteadcrs, said Secretary
Fisher, "and of Judge Cooper's utter
inability to make good in the claims
he made about what he could do by
using influence, it would not surprise
you, would it, for the manager to
make that claim of authority and in.
fluence3'
No, l guess not, " replied Mr. Ash.
ford.
''The agents of the plantation, fol
lowing Mr.. VOTERS claim, came to me
and expressed their great regret,' said
the Governor. 81 understand the
agents and the directors of the planta-
ton called Mr.. Wolters to account for
his action
cit looked like some attempt to
coerce the people and make a show of
powerful influence, but when il came
to a show down we have no evidence
of any authority to make good on any
of these propositions, said the Secre-
tary.
Question of Discretion.
In the Aloha Alma cases, the Gov.
ernor was not required to add anything
to what had been said Mt Hilo, except
that Mr.. Ashford referred to the Gov.
ernor' s discretionary powers. lie said
however, he thought favorably of the
Governor s plan under the special
agreement method, provided there is
no such discretion allowed him.
The Pahala fiume case was next tax
en- up. The complaint, remarked the
Governor, was that the land commits.
sioner had referred to the land board
"A lease for the entire fiume right of
way, which was approved. This was an
error. In this he said Mr.. Kinney and
Mr.. Ashford had disagreed, Mr.. Kin
ney taking the position that George
Robertson had spoken to him about it,
and Mr.. Kinney considered that was Il
submission of the matter to the land
board, whereas it was simply con
versation between Kinney and Robert
son unknown to the government. Mr.
Kinney implies that the government
had promised to give lease to the
plantation.
This matter came up twice once
about the time the government was
about to cut up the Wood Valley lands,
and again when the conversation testi.
fed to by Mr.. Ogg, took place. At
that time there was no written applca-
ton. The Governor said he stated to
Mr.. Ogg the government would not
give lease, but would give a license
provided that the flume be maintained
for the common interest of all the
homesteaders.
The Secretary said it had been sug.
gested to him that that particular form
of action by the Governor was going
pretty far and had been used as a
means of BUSTING the land board from
its jurisdiction-tha the Governor had
assumed authority to grant licenses
without reference to the land board
and had given the plantations Ii.
eense, which is about the same MS Civ.
ing lease.
Lease and License.
The Governor5-as usual during the
| investigation-sm ilingly Informed the
Secretary that that was the law. He
stated that only leases of land exceed.
ing certain areas shall be made with
out the approval of the land board
There is no provision in the case of a
license and in this particular case the
land board would have no jurisdiction
because the area was under forty acres
The land board had only jurisdiction
when more than forty acres was in.
volved. The area was under forty
acres.
W Hht 10 tut NllltH
the Governor grants licensesi" asked
the Secretary.
"There is no very expressed author.
ity in the statute, but just reference
in the statute,' replied the Governor
''That question arose during the Dole
administration and was referred to the
attorney.genera of the United States
in Washington, who ruled that licenses
can be made for longer terms than
leases, but differed in many respects. -
The Secretary made inquiry as to
who the encouragement was at that
time, and was informed that the of.
fetal then was the Hon. Phlander G.
Knox, now secretary of state, who ar.
rived yesterday on the cruiser Mary.
land. -
The Secretary thought the license
was distinctly a disadvantage to the
public. The Governor expressed the
opinion that it might be disadyan-
tage TO give the executive such discre-
ton, but on occasion it is to the ad.
vantage of the pubic. He referred To
license for irrigation ditch works, stat.
ing that construction could not be done
unless the license was for long period
and financial backing could not be OBJ
aWua N.sU A