Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1912-10-02

lentS some years later, the govern
! menE, after investigating the matter.
! came 10 the conclusion that the home
! SteaderS We're not entitled to their
! patents, as theQ had not complied with
! the provisions OF the homestead law.
| II was decided then to have one or
! TWO test cases. largely as | have stat =
ed both i'll print and orally on pre-
! viOus occasions for the effect these
! cases might have Amendments to
/ the Land Laws had been passed. and
| We wished to start out on a new
! era. 1t has been a widely prevailing
sentiment that the homestead lands
/ We're merely artificial arrangements
! for giving out lands in small tracts.
| and that it was juStifiable for people
to take these tracts whether they in
| tended 10 make their permanent
homes on them, or whether or not
| they intended TO make a living on
them. 1t seemed very desirable that
! that sentiment should be eradNated
, as far as possible. The test cases
were brought on the other side OF the
/ island. The Government, | think,
was particularly lenient. if anything,
with the kaunamanO homesteaders.
In the first place, it did not put them
to the expense of litigation, and in
the second place, it did not undertake
to enforce forfeitures. 1t left the way
open to them chance if it was found
that they were not entitled to their
patents to make good. And as brought
out by the testimony of Mr.. Irwin in
Hilo, ii gave those who wished to
make good an opportunity to do so,
and those vino did not wish to make
good, to transfer their lands TO
others, and so recover their money.
There is not much more TO be said
on that.
Fisher: That covers the situation
as we'll as it can be.
Ashford: | am of the opinion thai
the Governor has covered the situa
ton. would refer at this time to
the statement made by DR.. Thompson
at Hilo. He felt that the Governor
should consult them in regard to their
real intentions, etc. Governor Frear
has described them as fake home
steaders." l would like to ask the
Governor if he did consult them or
whether he got the idea of their fax
ing" from other parties there? "
Governor: l relied on documentary
evidence emanating from them on
statements which were reported to.
me as having been made by them.
Dr.. Clark As Authority.
Fisher: Who reported it?
Governor: Well, in one case DR..
Victor S. Clark told me what DIR.
Thompson had told him.
Fisher: Well, as a result of your
observation and conversation did
you
Governor: The result of my obser-
vations and conversations is about
this: that all or most of the home
steaders took these lands originally
very much as others had taken lands
they may have felt themselves justi-
fled in taking them on account Of this
widely prevailing sentiment that l
have spoken of, but it was not for
the purpose of becoming genuine
homesteaders as | regard the matter.
l think that some of them have since
changed their views and have deter
mined to become genuine homestead
ers. Whether all of them have or
not l do not know-it is pretty diff |
cult to look inside of persons mind |
but the fact is that in two respects,
at least, believe that all or nearly |
all of them have failed to comply |
with the homestead laws.
Fisher: Well l think it is violating |
no confidence to say that it is going |
to be difficult to show compliance
with the law under the decision OF |
the Supreme Court. But when talking |
that over on the ground, understood |
that it was your view that from what |
ever cause these homesteaders or
some of them had so far changed their |
attitude and that you felt that they |
should be given an opportunity tori
make good if they want to, that you
were willing to give them credit, in
making good, for anything that they |
got done; that is to say, as to the
or residence. If they could I
show that bona fide residence of the
kind that the Supreme Courts deci-
sion would regard as permissible, that
you would be willing to credit that /
on their effort to make good now?
Governor: Yes.
Fisher: In other words, you are of 4
the opinion that the blame is not al
together on the homesteaders. i
Blame on Both Sides.
Governor: | think there is a good 4
deal of blame on both sides.
Ashford: Might | ask at this point, \
Governor, were you aware at the time 4
Of the last inspection there that the
of the plantation had writ
ten a letter to the executive commit i
tee of the settlement association max
ing a definite offer for the purchase
Of their land and stating that if they
would sell upon those terms, he
would have the plantation agents,
Messrs Brewer & Company, use
heir influence with the government
10 procure the title of the homestead
ers to their lands, and further that
he homesteaders had Immediately re-
= Lat b. [